Government Gazette Supplementary | 政府憲報副刊 | 1935





2

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 1.-The following Bills are published for general infor-

mation:-

[No. 26-18.9.34.-10.]

A BILL

Short title.

Interpreta- tion.

Council,

Chairman.

Secretary.

Health Officer.

Veterinary Officer.

Composition of the Urban

Council,

which is to replace the Sanitary Board.

Ordinance No. 6 of 1887.

Ordinance

No. 8 of 1929.

INTITULED

 




An Ordinance to make provision for the substitution of an Urban Council for the Sanitary Board, and to repeal the Public Health and Buildings Ordinances.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof, as fol- lows:

1. This Ordinance may be cited as the Urban Council Ordinance, 1934.

2. In this Ordinance :--

"Council" means the Urban Council.

"Chairman" means the officer for the time being lawfully performing the duties of Chairman of the Council.

"Secretary" means any person appointed by the Governor to be Secretary and includes an Assistant Secretary.

"Health Offcer" includes any Medical Officer appointed as a Health Officer by the Governor by notification in the Gazette.

"Veterinary Officer" includes the Colonial Veterinary Surgeon and any Assistant Colonial Veterinary Surgeon.

3. (1) The Sanitary Board shall be abolished and re- placed by an Urban Council which shall consist of the Chair- man of the Council, appointed by the Governor, the Director of Medical and Sanitary Services who shall be Vice-Chairman, the Director of Public Works, the Secretary for Chinese Affairs, the Inspector General of Police, and not more than eight additional members who shall hold office for three years from the notification of their respective appointments or elec- tions in the Gazette.

(2) Three of the said additional members shall be elected by an electorate composed of the persons whose names shall appear in one or other of the two parts of the register herein- after referred to: Provided that if nominations are not received for all the vacancies announced, it shall be lawful for the Governor to fill by appointment any vacancy or vacancies which are not filled by election.

(3) The first part of the register shall consist of the two Jurors Lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887, as amended by the Jury Amendment Ordinance, 1929.

(4) The second part of the said register, which shall be kept by the Registrar of the Supreme Court, shall consist of the names of all male persons of any of the following classes

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who shall have duly applied to be registered therein, and whose claims to be registered shall have been duly allowed:--

(a) unofficial members of the Executive or Legislative Council;

(b) persons of sound mind who have previously been in- cluded in the Jurors Lists but have been omitted or removed therefrom on account of age or infirmity, or on account of exemption from jury service granted by the Governor in Council or by the Court;

(c) barristers and solicitors in actual practice and the clerks of solicitors in actual practice;

Nos. 1 of 1914, and

(d) persons registered under section 4 of the Medical Ordinances Registration Ordinance, 1884, or under the Dentistry Ordin- ance, 1914, or under the Pharmacy and Poisons Ordinance, 1916;

(e) editors and sub-editors of daily newspapers published in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dis- senters or of Jews, acting as such in the Colony;

(g) professors and other academic officers of the Univer- sity of Hong Kong;

(h) masters of schools which are certified by the Director of Education as not being vernacular schools;

(i) masters of steamers and local pilots; and

() officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, Commissioned and Warrant Officers of the Hong Kong Naval Volunteer Force, and also such other members of the said Corps or of the said Force as shall have been exempted from jury service by the Governor in Council;

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

(5) If any question arises as to the right of any person to be included in the second part of the said register such question shall be decided by the Registrar of the Supreme Court, subject to an appeal within seven days to the Governor in Council whose decision thereupon shall be final; Provided that it shall be lawful for the Governor in Council to vary such decision at any time.

1884, 16 of

9 of 1916.

1903.

(6) Subject to any rules which may have been made under Ordinance section 9 of the Public Health and Buildings Ordinance, 1903, No. 1 of or which may be made under section 4 of this Ordinance, the second part of the said register shall be closed to any fresh applications for registration for fourteen days before the day appointed for any ballot for the election of a member of the Urban Council, and shall remain closed until after the ballot- ing in that election shall have been completed.

(7) Every person who at any ballot held under this sec- tion applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at any such ballot, applies at the same ballot for a ballot paper his own name, and every person who, for the purpose of procuring his registration in the second part of the register

in

Rules as to election of

members of

4

referred to in sub-sections (3) to (7), knowingly makes any false or misleading representation, whether verbal or in writ- ing or by conduct, shall upon summary conviction be liable to a fine not exceeding $500 and to imprisonment for any term not exceeding three months.

(8) If any question arises as to the validity of any pro- ceeding in any election or intended election of a member of the Urban Council the decision of the Governor in Council. thereon shall be final and conclusive for all purposes what- soever, and the Governor in Council may thereupon give any direction which he may think fit.

(9) The other five additional members (three of whom shall be Chinese) shall be appointed by the Governor.

(10) Persons, whether elected or appointed by the Governor, who immediately before the commencement of this Ordinance were serving as additional members of the Sanitary Board under the provisions of section 8 of the Public Health and Buildings Ordinance, 1903, shall be additional members of the Urban Council as if they had been elected or appointed under this section but shall remain in office only until the expiration of the terms for which they were originally elected or appointed as members of the Sanitary Board.

4. All matters relating to the keeping and revision of the register and to the election of the members shall be governed the Council. by rules made by the Governor in Council: Provided that -

the rules made under section 9 of the Public Health and Buildings Ordinance, 1903, shall remain in force so far as they are applicable until they are altered or replaced by rules made by the Governor in Council under this section.

G. N. 408 of 1927.

Members' names to be gazetted.

Substitution

of members.

Duties of the Council.

5. The names of all members elected or appointed shall be forthwith notified in the Gazette.

6. If any member of the Council be at any time prevent- ed for more than six months by absence or other cause from acting, the Governor may appoint, or if the member has been elected, the electors may nominate, and, if more than one candidate, is nominated may elect, some other person to re- place such member, until he shall return or be able to resume his functions.

7. The duties of the Council shall be to exercise control within the area allotted to it over all matters in respect of which powers are given to it by this Ordinance or any other Ordinance.

Preserving

    8. For the purpose of carrying out the provisions of the existence of Sanitary law in respect of matters over which the Council exercises Department. control there shall be a Sanitary Department.

of officers.

Appointment 9. The Governor may appoint a Secretary and Assistant Secretaries to the Council, and also Health Officers, Veterinary Officers and Sanitary and other Inspectors, all of whom shall be officers of the Sanitary Department, and may also appoint such servants of the Department as may be required.

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Director of

Services.

10. The Director of Medical and Sanitary Services shall Position of be the professional adviser to the Council in all medical Medical and matters including matters of public health and sanitation. Sanitary It shall be his duty to assist and advise the Council on such matters and to superintend the enforcement and observance of all Ordinances relating to Public Health and of the by-laws and regulations made thereunder.

Chairman

11. (1) The Chairman of the Council shall give such Duties of instructions as may be necessary for carrying out and giving of Council. effect to the decisions and policy of the Council, and shall be responsible also for the general administration of the Sanitary Department.

Medical and

(2) On receipt of any such instructions affecting public Duties of health the Director of Medical and Sanitary Services shall Director of issue the necessary directions to the officers under his control Sanitary and shall be responsible for their being duly carried out.

Services.

unaffected

12. The Council shall be held to be legally constituted Constitution notwithstanding any vacancies occurring therein by the death, byvacancies absence, resignation, or incapacity of any member.

on the Council.

13.-(1) The Council shall meet once in every alternate Council week and oftener if need be, and may adjourn from time to meetings. time. The Chairman may at any time, and shall, on a requisi- tion signed by three members of the Council, summon a meet- ing thereof.

(2) Any four members shall be a quorum, and at every Quorum. meeting at which the Chairman or Vice-Chairman is absent the members present shall appoint a temporary chairman to pre- side. The chairman at any meeting shall have an original vote and also, if the votes be equal, a casting vote.

14. (1) The Council may make Standing Orders for Standing regulating the procedure at its meetings.

(2) The present Standing Orders of the Sanitary Board shall continue in force so far as they are applicable until re- placed under this section.

orders.

of select committees.

15.-(1) The Council may appoint select committees, Appointment consisting of not less than two of its members or one of its members and a Health Officer or a Veterinary Officer, and may by appointment or removal change the personnel of any such committee.

(2) The Council may by resolution delegate any of its powers and functions to any Health Officer or to any such select committee as aforesaid, with full powers to enforce any of the provisions of any Ordinance or by-law conferring powers on the Council or providing for the more effectual sanitation of the Colony, and may revoke such delegation.

Delegation

of powers to Health

Officers or

to select committees..

orders of

(3) Any failure to comply with the orders of a Health Failure to Officer or of such select committee, duly signed by the Secre- comply with tary of the Council, shall be punishable in the same manner the Health as if such order had been made by the Council.

Officers or of select committees.

Construction

of references to Sanitary Board, etc.

Commence- ment.

Ordinance No. 31 of 1911.

Repeal of Ordinances

No. 19 of

6

16. Whenever in any Ordinance, Order of the Governor in Council, Order of the Governor, Standing Order, rule, re- gulation, minute, by-law, deed, contract, official letter or other document, the term "Sanitary Board" or "President of the Sanitary Board'' occurs, and, in order to give effect thereto it is necessary to substitute "Urban Council" or "Chairman of the Urban Council" such document shall be read and construed accordingly.

17. Subject to section 9 of the Interpretation Ordinance, 1911, and except for the purposes of appointing or electing the first members of the Council, this Ord.nance shall not come into operation until such date as the Governor shall notify by Proclamation as the commencement of this Ordinance.

18. The Public Health and Buildings Ordinance, 1903, No. 1 of 1903, the Public Health and Buildings Amendment Ordinance, 1927, No. 6 of 1927, the Public Health and Buildings Amendment Ordinance, 1928, the Public Health and Buildings Amendment Ordinance, 1929, the Public Health and Buildings Amendment Ordinance, 1930, the Public Health and Buildings Amendment Ordinance, 1931, and the Public Health and Buildings Amendment (No. 2) Ordi- nance, 1931, are repealed.

1928, No. 30 of 1929, No. 18 of

1930, No. 3 of 1931 and No. 18 of

1931.

Objects and Reasons.

1. In his Report on the need for the reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends th the Public Health and Build- ings Ordinance, (No. 1 of 1903) which deals with building con- struction, sanitation, infectious diseases control, food con- trol, etc., should be broken up into a number of Ordinances, each dealing with its particular branch of the Public Health Complex.

2. This Bill provides for the replacement of the Sanitary Board by an Urban Council and also repeals the various Public Health and Buildings Ordinances.

3. The Sanitary Board had four official and six unofficial members, two of whom were elected. It is proposed in the Urban Council to have five official members and also to in- crease the number of unofficial members to eight. Of these, three are to be elected, and five, of whom three must be Chinese, nominated by the Governor.

August, 1934.

R. E. LINDSELL,

Attorney General.

;

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TABLE OF CORRESPONDENCE.

Marginal note,

Urban Council Ordinance, 1933.

Source, with modifications.

Short title.

1

F.M.S. S.B. Enactment,

1916.

Interpretation.

2

Composition of Urban

3

Council which is to re-

place

the Sanitary

Board.

Rules as to election of

4

members of this Coun-

cil.

Public Health and Buil- dings Ordinance, 1903, section 8 as amended by section 5 of No. 6 of 1927.

s.s. (1). Inspector General of Police added as official member. Eight unofficials instead six.

of

s.s. (2) three unofficials

to be elected as

pared with two.

com-

s.s. (4) (e) "reporters"

omitted.

(j) = former s.s. (4) (j) as amended by No. 30 of 1933, s. 19 (2).

s.s. (10) Preserves status of members of Sanitary Board as members of Urban Council.

P.H. & B.O. No. 1 of

1903, sec. 9-redrafted to keep the old rules in force.

Members

names to be

5

P.H. & B.O. Section 10

gazetted.

cut down, since the

Substitution of members.

6

Vice President is to be the D.M.S.S.

P.H. & B.O. Section 11. "and if more than one candidate is nominated may elect." added.

Duties of the Urban Coun-

cil.

7

Preserving existence of

8

Sanitary Department.

Appointment of officers.

9

P.H. & B.O. Section 19

modified.

Position of D.M.S.S.

10

Duties of the Chairman

11

s.s. (1)-P.H.& B.O. s. 8

of Council and of the D.M.S.S.

(10). s.s. (2) new.

- 8

Table of Correspondence,-Continued.

Marginal note.

Urban Council Ordinance,

1933.

Source, with modifications.

Constitution unaffected by

12

P.H. & B.O. Section 12.

vacancies on the Council.

Council meetings

13

Quorum

P.H. & B.O. Section 13.

s.s. (2) redrafted.

Standing orders.

14

P.H. & B.O. Section 14.

s.s. (2) preserves former standing orders.

Appointment of Select

Committees.

15 (1)

P.H. & B.O. Section 14

(2).-redrafted.

Delegation of powers to Health Officers or Select Committees.

15 (2)

P.H. & B.O. Section 15

(1).

Failure to comply with orders of Health Officers or of Select Committees.

15 (3)

P.H. & B.O. Section 15

(2).

Construction of references

to Sanitary Board, etc.

Commencement.

16

Ordinance No. 37 of 1932,

Section 30.

17

Repeals of Ordinances.

18

!

9

Notes on new draft of Urban Council Bill.

s. 2

s. 3

"Health Officer"-D.M.S.S. excluded (at his

(at his own desire) to prevent repugnancy with new s. 9. "Veterinary Officer"-redrafted.

s.s. (2) "Three" instead of "four" of the additional (unofficial) members to be elected.

s.s. (4) (e) "reporters" omitted.

() redrafted as in s. 19 (2) of Ordinance

No. 30 of 1933.

s.s. (9) "five" instead of "four" additional members. to be nominated by the Governor, "three" (instead of "two") of whom are to be Chinese.

s.s. (10) added-preserving status members of the Sanitary Board.

on Council of

ss. 8, 9, 10 and 11 are new: they have been framed after

careful consultation with the D.M.S.S.

s 8

s. 9

effects the continued existence of the Sanitary Depart-

ment.

is derived from s. 19 of the P.H. and B.O., 1903, and enables the appointment of Public Health Officers all of whom are declared to be officers of the S.D.

s. 10 first paragraph has been transferred from s. 7 of

the Sanitation Bill.

s. 11

Second paras. 8 of former U.C. draft.

defines the duties of the Chairman and of the D.M.S.S. respectively as regards the decisions of the Council.

C.S.O. 1 in 4301/29.

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[No. 17-22.10.34.-8.]

A BILL

INTITULED

An Ordinance to amend the law relating to town cleansing, nuisances, domestic sanitation, the licensing of certain premises and trades and the disposal of the dead.

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

PART I.

Short title.

Saving as to tenancy contracts.

Interpreta. tion.

Author of nuisance.

Balcony.

Basement.

Building.

Building Authority.

Cattle.

PRELIMINARY.

1. This Ordinance may be cited as the Public Health (Sanitation) Ordinance, 1934.

2. Nothing herein contained shall vary or affect the rights or liabilities as between landlord and tenant under any con- tract between them.

3. In this Ordinance and in all by-laws made there- under :-

'Author of a nuisance' means the person by whose act, default, permission or sufferance the nuisance arises or con- tinues.

'Balcony' means any stage, platform, oriel or other similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

'Basement' means any cellar, vault, under-ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding two feet above the floor level.

'Building' includes any part of every domestic building, house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding

'Building Authority' means the Director of Public Works or such other officer of the Public Works Department as may be appointed to be the Building Authority.

'Cattle' means bulls, cows, oxen, heifers, calves and buffaloes.

$

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'Cockloft' includes any floor other than a ground floor, Cockloft. and any platform or landing of a greater breadth than three feet, which has not a clear space of nine feet measured vertically above it.

'Colonial Veterinary Surgeon' includes any veterinary Colonial

Veterinary surgeon or medical practitioner authorised by the Governor to Surgeon. perform the duties of the Colonial Veterinary Surgeon under this Ordinance and also any Assistant Colonial Veterinary Surgeon.

'Council' means the Urban Council unless some other Council. Council is indicated.

'Cubicle' means any portion of a room partitioned off for Cubicle. the purpose of being used as a sleeping place.

trade.

'Dangerous trade' means any manufacturing process or Dangerous handicraft in which lead, arsenic, mercury, phosphorus or any other poisonous substance whatsoever is used.

building.

'Domestic building' means any building constructed, used Domestic or adapted to be used, wholly or partly, for human habitation, but does not include any building where caretakers only, not exceeding two in number, pass the night.

air.

'External air' means the air of any space which is vertic- External ally open to the sky and unobstructed and which (when measured from and at right angles to the external surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony) has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

'Factory' means any premises or place wherein or within Factory. the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

'Floor' includes any horizontal platform forming the base Floor. of any storey, and every joist, board, timber, stone, brick or other substance connected with and forming part of such platform.

'Health Officer' includes the Director of Medical and Health Officer. Sanitary Services, any medical officer appointed as a Health Officer by the Governor, any Colonial Veterinary Surgeon and any officer for the time being performing the duties of a Health Officer.

'Hill District' means any part of the island of Hong Kong Hill above the 700 feet contour.

District.

holder.

'Householder' means the actual tenant or occupier of House- any building, or, in cases where there is no such person, then the owner of such building, and, in the case of corporations, companies and associations, the secretary or manager thereof.

urinal.

'Latrine' includes privy, pail latrine, water closet and Latrine.

Latrine

accommoda

tion.

Pail latrine.

Mid-level District.

Occupier.

Offensive trade.

12

'Latrine accommodation' includes a receptacle for human excreta together with the structure comprising such receptacle and the fittings and the apparatus connected therewith.

'Pail latrine' means latrine accommodation including a moveable receptacle for human excreta.

'Mid-level District' means that portion of the City of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulum Road at No. 1 Bridge and passing along Pokfulum Road, High Street, Bonham Road and Caine Road as far as Ladder Street, thence along Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the northern boundary of Inland Lots 100, 1086, 122 and 129, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern Boundary of War Department land, thence along the Western boundary of Inland Lots 47A, 47 and 1211 until this line produced meets Monmouth Path, thence in a straight line to the north-west corner of Inland Lot 2325, thence in a straight line to the north-west corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries are to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the southern boundary of the City of Victoria

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

'Occupier' means any person in actual occupation of any premises.

'Offensive trade' includes:-

(a) the trades of blood-boiling, tripe-boiling, soap-boiling, fat-boiling, tallow-melting, resin-boiling, bone-boiling, bone- crushing, bone-burning, bone-storing, rag-picking, rag- storing, manure manufacture, blood-drying, fell-mongery, leather-dressing, tanning, glue-making, size-making, gut- scraping, hair-cleaning, feather-storing, feather-cleaning and pig-roasting (except the roasting of pigs in any domestic build- ing or restaurant for consumption in such domestic building or restaurant by the inmates or visitors thereof);

(b) any trade, business or manufacture which is declared by the Council by by-law to be an offensive trade;

(c) any trade, business or manufacture which is carried on in such a way as to be dangerous or injurious to the health of persons engaged in it, or in such a way as to be dangerous or injurious to the health of persons residing in the neighbour- hood; and

(d) any other noxious, offensive, noisome or unhealthy trade, business or manufacture whatsoever.

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'Owner' includes any person holding premises direct from Owner. the Crown, whether under lease, licence or otherwise, and also any person for the time being receiving the rent of any premises, solely or as joint tenant or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

'Person' includes a body corporate, a partnership and Person. an association of persons unincorporated.

'Premises' includes any land, building or structure of Premises. any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or enclosed, cesspool or foreshore, and also any vessel lying within the waters of the Colony.

'Public building' includes any building, not in occupation Public of the Naval, Military or Air Force Departments, used for building. public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital or for

for any other public purpose

whatsoever.

'Public latrine' means any latrine to which the public are Public admitted on payment or otherwise.

latrine.

'Refuse' includes dust, dirt, ashes, rubbish, sweepings Refuse. and every other kind of waste matter whatsoever.

'Room' includes any sub-division of any storey of any Room. domestic building other than :--

(a) a cubicle;

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes

'Secretary' and 'Assistant Secretary' mean the Secretary Secretary. and Assistant Secretary of the Council respectively.

'Storey' means the space between the upper surface Storey. of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

Street.

Tenant.

Tenement.

Tenement

house.

Urban District.

Verandah.

Vessel.

Water closet.

Window.

Working class tenement house.

Works.

Workshop.

14

'Street' includes the whole or any part of any square, court, alley, highway, lane, road, road-bridge, foot-path or passage whether a thoroughfare or not.

"Tenant' includes any person who holds direct from any householder the whole or any part of any floor or floors of any building.

'Tenement' means an apartment consisting of one or more rooms or cubicles let separately from the rest of the house.

"Tenement house' means any domestic building construct- ed, used or adapted to be used for human habitation by more

than one tenant.

'Urban District' includes the City of Victoria, Kowloon, New Kowloon and any such area as the Governor in Council may define and notify in the Gazette.

'Verandah' means any stage, platform or portico pro- jecting from a main wall of any building and supported by piers or columns.

'Vessel' means any steam, motor or sailing ship, launch, motor boat, junk, lighter, sampan or boat.

'Water closet' means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

'Window' means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable also, when opened, of admitting air.

"Working class tenement house' means a house divided into tenements for the accommodation of persons of the labouring, artisan or mechanical classes.

'Works' includes the partial or total constructing, recon- structing, pulling down, opening, cutting into, adding to and altering any building, wall, retaining wall, chimney-stack, flue, ground, road, well, drain or sewer, and any other building operation whatsoever.

'Workshop' means any premises or place other than a factory wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for the purpose of gain in or incidental to making any article or part of an article, or altering or repairing or ornamenting or finishing or adapting for sale any article, provided that at least twenty persons are employed in manual labour in the said premises or in the close, curtilage or precincts thereof.

15

POWER TO MAKE BY-LAWS.

4. (1) The Council shall have power to make by-laws Matters with regard to the following matters-

with regard to which the Council

(i) the periodical entry and inspection of all buildings has power and curtilages-

(a) for the purpose of ascertaining the sanitary condition, cleanliness and good order thereof or any part thereof, and of any storeys, cocklofts or partitions therein, or the condition of any drains, latrines, cubicles and kitchens therein or in connexion therewith;

(b) for the purpose of ascertaining whether the same are in an overcrowded condition;

(ii) the prevention and abatement of nuisances;

(iii) the promotion of domestic cleanliness;

(iv) the cleansing, limewashing and

and proper sanitary maintenance of all premises;

(v) the promotion of lighting and ventilation in public or private buildings;

(vi) the provision and maintenance of proper latrine ac- commodation in private and public buildings;

(vii) the limitation of accommodation in premises and the prevention of overcrowding;

(viii) fixing from time to time the number of persons who may occupy a domestic building or any part thereof, and marking on the exterior or interior of such buildings the number of persons permitted to occupy the same or any part thereof;

(ix) prescribing the conditions under which alone it shal} be lawful to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used for habitation or for occupation as a shop, any cellar, vault, underground room, basement or any room any side of which abuts on or against the earth or soil;

(x) the closing of premises unfit for human habitation and the prohibition of their use as such;

to make by-laws.

(xi) the control of wells and pools and of all water used for domestic or trade purposes where such water is derived from any spring, well, pool, pond, water channel or other source which is not included in the term "Waterworks as defined in section 2 (m) of the Waterworks Ordinance, Ordinance 1903;

(xii) the prevention of the propagation of mosquitoes; (xiii) the provision and proper construction of dust-bins or dust-cans in public or private premises;

(xiv) the cleansing of domestic buildings and the removal therefrom of refuse and all objectionable matter at stated times;

(xv) scavenging and the removal and disposal of refuse;

No. 16 of 1903.

By-laws subject to

16

(xvi) conservancy and the removal and disposal of excretal matter;

(xvii) the erection of public latrines and applications for permission to erect such latrines; and the sanitary mainten- ance of public latrines, urinals, dust-bins and manure depots;

(xviii) the sanitary maintenance of eating houses, restaurants, factories, workshops, breweries, distilleries, theatres and places of public instruction, recreation or assembly;

(xix) the control of dangerous, unhealthy and offensive trades, the prohibition of the continued maintenance of any existing such trade without a licence from the Council, the prohibition of the establishment of any such trade without a licence from the Council, and the revocation of licences to carry on such trades;

(xx) the regulation of public baths, laundries and wash- houses;

(xxi) the construction, licensing and proper sanitary maintenance of places and buildings in which cattle, swine, sheep and goats are kept in private premises;

(xxii) providing for the regular inspection of all places where animals are kept;

(xxiii) the breaming of vessels and the maintenance of cleanliness in the harbours, on the foreshores and in the waters of the Colony;

(xxiv) the disposal of the dead, the regulation and sanitary maintenance of cemeteries, the fees to be charged in respect of graves, exhumations and interments, the keeping of such registers as may be necessary, and all other matters connected therewith; also the regulation and sanitary mainten- ance of mortuaries and the disinfection of dead bodies; and

(xxv) the prescribing of forms.

A

(2) The Council may in any such by-laws impose fines for any breach thereof not exceeding fifty dollars in each case. If no specific penalty is prescribed by the Council for the breach of any by-law, the maximum penalty for such breach shall be a fine not exceeding fifty dollars.

(3) No by-law made by the Council under this Ordinance shall be held to be invalid on the ground that it imposes obligations or confers powers which exceed the obligations imposed or the powers conferred by some section of this Ordinance dealing with the same subject-matter as the by-law in question.

5.-(1) All by-laws made by the Urban Council shall be submitted to the Governor, and shall be subject to the Legislative approval of the Legislative Council.

approval of

Council.

Schedule A.

(2) The by-laws in Schedule A shall be in force except as they may be rescinded, suspended, amended or added to by by-laws inade by the Council under section 4.

!

17

PART II.

ESTABLISHMENT.

6. The Inspectors and such other subordinate officers Appointment as may be appointed by the Governor under section 9 of the and group-

                               ing of Urban Council Ordinance, 1934, shall, for the purposes of officers. this Ordinance, be grouped under the Health Officers who will be under the general direction of the Director of Medical and Sanitary Services.

Medical and

7. For the purposes of this Ordinance and of the by-laws Position of made thereunder the Director of Medical and Sanitary Services Director of shall be the professional adviser to the Council and shall give Sanitary such directions to the Health Officers as may be necessary relation to for carrying out the lawful decisions of the Council.

Power of Entry.

8. Any Health Officer or any officer duly authorised by him may, with or without assistants as he may deem desirable, at all times between 6 a.m. and 6 p.m. enter and inspect any house or premises for the purpose of ascertaining the sanitary condition thereof, or of ascertaining whether any infectious or contagious disease exists therein :

Provided always that unless in the opinion of such officer any delay in entering and inspecting may, or is likely to, prove injurious or detrimental to public health, he shall in each case before entering and inspecting, if the occupiers offer any reasonable objection thereto, give them two hours notice in writing of his intention, by leaving such notice with them or at the house or premises which he intends to enter and inspect. In the case of Chinese occupiers such notice shall be in the Chinese character.

Services in

Council.

Power of entry to infectious

search for

disease.

entry for

9. Any Health Officer may also enter and inspect any Additional house or premises at any hour of the day or night for the powers of purposes mentioned in section 8 without giving any such Health notice as aforesaid, provided the officer so entering has a special order in that behalf signed by the Chairman of the Council.

Officers.

inspect

10. Any select committee of the Council, or any officer Special specially authorised by the Chairman of the Council, and sub- authority to ject to such directions as he may impose, may enter and for over- inspect at any time any domestic building for the purpose of crowding. ascertaining whether such building or any part thereof is in an overcrowded condition.

for opening

11. If it shall be requisite for the purpose of ascertaining Authority the sanitary conditions of any domestic building or curtilage, necessary to open the ground surface of any part thereof, any ground Inspector in possession of authority in writing signed by the surface. Secretary or by a Health Officer, after giving not less than 48 hours' notice in writing signed by either of the aforesaid officers to the occupier or owner of such domestic building or

1

Secretary to furnish authority granting

power of entry to inspect for

over-

crowding.

Entry between midnight and 6 a.m. prohibited except under

special permit.

Power of magistrate

to authorise officer to enter and inspect premises.

Means of access to

buildings from

scavenging lanes.

18 -

curtilage of his intention to enter the same for the purpose of opening up the ground surface thereof, may so enter, with such assistants as may be necessary, and open the ground sur- face of any such premises in any place or places he may deem fit, doing as little damage as may be. Should the material which has been used for covering such ground surface, and the nature and thickness thereof, be found satisfactory and in accordance with law, such ground surface shall be reinstated and made good by the Council at the public expense.

12. The Secretary shall, upon the requisition of a Health Officer, authorise in writing, in English and Chinese, one or more of the Inspectors to enter any domestic building at any hour between 6 p.m. and midnight for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition.

13. No Inspector shall, between the hours of midnight and 6 a.m., enter anv domestic building for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition, without the written permission, in English and Chinese, of the Chairman of the Council.

14.-(1) If admission to premises for any of the pur- poses of this Ordinance is refused, any magistrate on complaint thereof on oath by any officer authorised by this Ordinance to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same during the hours pre- scribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact, by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained under this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises

named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

15.- (1) Every scavenging lane (or side street or open space used for scavenging where no scavenging lane is provided) may be used at any time by any public officer, and every such lane, street or open space may be used at any time by any authorised person as a means of approach to any build- ing to which such lane, street or space gives access for the purpose of inspecting, scavenging or cleansing any part of such building.

(2) If any open space appurtenant to a building is en- closed the communication door or gate shall be opened by the occupier whenever required by any authorised person for the purpose of inspecting, scavenging, cleansing, or the removal of nightsoil from any part of such building.

19

Power of arrest.

arrest in

16. In the absence of an officer of police it shall be Power of lawful for any officer of the Sanitary Department, absence of in whose presence

the nature police officer. summary offence in a of a sanitary nuisance has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by complaint and summons.

PART III.

SANITARY PROVISIONS.

The Prevention and Abatement of Nuisances and the Prevention of the Propagation of Mosquitoes.

17. The following shall be deemed to be nuisances liable Nuisances. to be dealt with summarily in the manner provided by this Ordinance :-

(1) any building or part of a building which is so dark, ill-ventilated or damp, or in such a condition of dilapidation, as to be dangerous or prejudicial to the health of the inmates;

(2) any building or part of a building which contains rat-holes or rat-runs or other similar holes, or which is infested with rats, or in which the ventilating openings are not protected by gratings in such manner as effectually to exclude rats there- from:

(3) any premises which are so overcrowded or in such a dirty or insanitary condition as to be dangerous or prejudicial to health;

(4) any street or road, or any part thereof, or any water- course, nullah, ditch, gutter, side-channel, drain, ashpit, sewer, latrine, urinal or cesspool, so foul as to be noxious, noisome or unhealthy;

(5) any noxious matter or waste water flowing or dis- charged from any premises, wherever situated, into any public street or road, or into the gutter or side-channel of any street or road, or into any nullah or watercourse or the bed thereof;

(6) any watercourse, well, tank, pool, pond, canal, conduit or cistern, the water of which, from any cause, is so tainted with impurities or so unwholesome as to be injurious to the health of persons living near or using such water, or which is likely to promote or aggravate epidemic disease;

(7) any

accumulation or deposit of stagnant water, sullage-water, manure, house-refuse or other matter, where- ever situated, which is unhealthy;

(8) any spring, seepage, stream, drain, water course or collection of water liable to form a breeding place for mos- quitoes;

Power to

inspect premises

where

20

(9) any stable, cow-house, pigsty or other premises for the use of animals, or in which live fish or birds are kept, which is in such a condition as to be injurious to the health of man or of such animals, fish or birds;

(10) any offensive trade which is being carried on without a licence from the Council;

11) any cemetery or place of burial so situated or so conducted as to be unhealthy;

(12) any fireplace adapted for the use of charcoal or wood as fuel which is not provided with a hood of sheet metal or other approved material of sufficient size connected with a chimney or smoke flue;

(13) any internal surface of the walls of any kitchen not rendered in cement mortar or other non-absorbent material to a height of four feet from the floor level;

(14) any internal surface of any latrine not rendered in cement mortar or other non-absorbent material to a height of three feet from the floor level or on which the rendering is cracked, broken or in any way defective;

(15) any floor of any kitchen, bathroom, latrine or urinal or the ground surface of any building, area, backyard, court- yard or alley-way on which slops may be thrown or on which foul waters flow, which is or has been paved or covered over with impervious material but which has been subsequently broken, excavated or otherwise disturbed;

(16) any defective eaves, gutter, waste-pipe or rain water pipe which discharges over any street;

(17) any opening in the wall of any building for the discharge of sullage water not provided with a fixed grating of cast-iron or in which the grating is broken or is in any other way defective;

(18) any surface trap or gully not provided with a hinged grating or in which the grating is broken or is in any way defective;

(19) any chimney (not being a chimney of a private dwelling house) or any furnace sending forth smoke in such quantity as to be a nuisance; and

(20) any act, omission or thing which is, or may be, dangerous to life or injurious to health or property.

18.-(1) It shall be lawful for any Health Officer, on reasonable presumption of the existence of a nuisance on any premises, by an order in writing to authorise any officer of existence of the Sanitary Department, with an assistant or assistants, to enter such premises at any time between 6 a.m. and 6 p.m. and to inspect the same.

nuisance

presumed.

(2) The inspecting officer shall produce and show the order to any person being, or claiming to be, the occupier of such premises: Provided that the inspecting officer shall not at any time enter any house or upon any land which may be occupied, should such occupier object to his entry, without previously giving the said occupier two hours notice in writing. of his intention to do so.

21

refusing

19. Any person refusing admittance to the said inspecting Penalty for officer, after such notice has been given, shall be liable to a admittance. fine not exceeding twenty-five dollars.

where

found on

20. When larvae of mosquitoes are found on any pre- Action mises, the Council may, on the advice of a Health Officer, mosquito give notice to the owner or occupier of such premises to larvae remove all accumulations of water from such premises or to premises. take steps to prevent the recurrence of the breeding of mosquitoes in any such accumulations of water, and such owner or occupier shall comply with such notice forthwith.

may serve

abatement

21. On the receipt of any information respecting the Council existence of a

a nuisance, the Council shall, if satisfied of notice its existence, serve a notice on the author of the nuisance, or if requiring such

person cannot be found, on the owner or occupier of the of nuisance. premises on which the nuisance arises, requiring him to abate the same within a reasonable time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided that-

(1) where the nuisance arises from the want, or defective construction, of any latrine accommodation, or where there is no occupier of the premises, notice under this section shall be served on the owner;

(2) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufference of the owner or occupier of the premises, the Council may abate the same;

(3) where the nuisance arises or continues by the act, default or sufferance of the owner, and such owner cannot readily be found, the Council may, if the nuisance urgently requires abatement, abate the same and recover all reasonable expenses from such owner;

(4) where the nuisance arises in or on any lane, yard, passage, landing, stairway, roof, latrine or other place, which is used in common by two or more occupiers of any premises which are occupied as dwellings, offices, workshops, factories or stores, notice under this section may be served on the

owner.

22.--(1) It shall be lawful for the Council in any case where there is a contravention of any by-law, to issue a notice to the offender stating what is required to be done to carry out the provisions of such by-law, and to call upon him to comply with such notice within a reasonable time to be stated in the said notice.

(2) The Secretary, any Health Officer or such other officer as the Council may depute may, however, institute summary proceedings before a magistrate against any person contravening any by-law without the previous issue of such notice by the Council and the magistrate may impose a fine not exceeding fifty dollars.

serve notice directing

Council may

compliance with by-laws.

23. If the person served with notice under section 20, Council may section 21 or section 22 is dissatisfied therewith, it shall be law- review ful for him, within the time therein specified, to apply to the Council to review the same, stating the grounds of his applica- tion, and the Council shall thereupon inquire into the matter and shall confirm, modify, suspend or discharge the said notice, or extend the time allowed for compliance therewith.

On non- compliance

with notice

22

24. If such person has not obtained from the Council a modification or withdrawal of the notice, and con-

complaint to tinues to make default in complying with the requirements

be made

before a magistrate.

Power of magistrate to make an order

dealing with a nuisance.

Order prohibiting use, etc., of building unfit for human habitation.

Penalty for

order of magistrate or for

defacing

any copy of such order.

thereof, or, in the case of a nuisance, if the same, although abated since the service of the notice, is in the opinion of the Council likely to recur on the same premises, the Council shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a magistrate, who shall thereupon issue a summons, requiring the person on whom the notice was served to appear before him.

25.-(1) If the magistrate is satisfied that the require- ment of the Council is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the said premises, he shall make an order on such person-

(a) requiring him to comply with all or any of the require- ments of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or

(b) prohibiting the recurrence of the nuisance, and direct- ing the execution of the works necessary to prevent the re-

currence; or

(c) both requiring abatement and prohibiting the recur- rence of the nuisance.

(2) The magistrate may, by his order, impose a fine not exceeding fifty dollars on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order.

28. Where the nuisance proved to exist is such as to render any building, in the judgment of the magistrate, unfit for human habitation, he may by an order in writing prohibit the use thereof for the purpose until, in his judgment, it has been rendered fit for that purpose, and may direct that a copy of such order be affixed to the building in question, and may further order that such building, and the approaches thereto (if any), shall be properly closed and secured by the owner; and, on the magistrate being satisfied that it has been rendered fit for that purpose, he may by order declare the building habitable, and, from the date thereof, such building may be inhabited.

27.-(1) Every person who fails to obey an order to contravening comply with the requisitions of the Council or of any Health Officer or of any select committee of the Council, and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during his default; and every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues; moreover, the Council may, by any officer, enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.

1

23

(2) Every person who defaces any copy of a magistrate's order, which has been affixed to any building or premises, shall be liable to a fine not exceeding fifty dollars.

authority

28.-(1) The competent authority to deal with nuisances Competent under this Ordinance shall be, unless the context otherwise re- re nuisances. quires, the Chairman of the Council or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent au- thority as hereinbefore defined, such authority shall serve a notice on the author of the nuisance or, if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate, who, either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

(3) In case the said nuisance shall not be abated within the time limited, it shall be lawful for a magistrate to make an order empowering the competent authority to abate the nuisance; and all expenses incurred by such authority in causing such nuisance to be abated as aforesaid shall forth- with be paid by the person against whom the original order to abate such nuisance was made, or, failing him, by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

(4) Whenever the demolition of any building or works or any part thereof shall take place under any order made under sub-section (3) it shall be lawful for the competent authority, in case of non-payment of the said expenses by the person liable to pay the same, to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

(5) In case the person liable to pay the same shall not forthwith pay all expenses incurred by the competent authority in the abating of any nuisance as required by this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

(6) Nothing in this Ordinance contained shall affect any other remedy for the abatement of nuisances.

(7) Notices issued by the Council relating to nuisances Form of shall be in the form in Schedule B with such modifications nuisance as may be necessary.

notice.

Schedule B.

Wells not

to be sunk or reopened without

permission of the Council

and

Building Authority.

Construction of wells.

Excavation allowing stagnant water.

Closing of insanitary

wells.

Obstruction

prohibited.

24

Wells and Pools.

29.-(1) Except with the permission of the Building Authority and of the Council, which may be granted on a written application, it shall not be lawful to sink or re-open any well to be used for any other purpose than that of flushing water closets and urinals or to allow any such well to be sunk or re-opened.

(2) Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

30. No premises shall be so excavated as to admit of the formation on the surface thereof of pools of stagnant or other foul waters, and it shall be lawful for the Council to call upon the owner of any premises whereon such pools may exist to fill up the same with good clean earth to the level of the sur- rounding ground, or to drain off such pools by means of surface-drains into any channel with which they may lawfully communicate.

31.-(1) Where it is made to appear to the Council that any well is in an insanitary condition, or is likely to prove injurious to health. and that it is expedient that it should be closed and filled up, the Council may call upon the owner, by notice in writing, to close and fill up the same within the time limited in such notice.

(2) If such notice is not complied with, the Council may cause the owner to be summoned before a magistrate, who may make such order in the matter and as to costs as he may deem right. Should the magistrate order the well to be closed and filled up, he may impose a fine not exceeding five dollars for each day his order is not complied with.

Maintenance of Adequate Lighting and Ventilation.

32.-(1) In no case may any unauthorised obstruction in open space whatever be placed or erected in any open space provided for the efficient ventilation or lighting of any building under the provisions of any Ordinance.

Verandahs and balconies not to be inclosed.

Ordinance

No.

1934.

of

(2) No partition (other than such as may be necessary for the separation of the verandah or balcony of any building from the verandah or balcony of any adjacent building) shall be maintained in any verandah or balcony over unleased Crown land or over any street, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part (except by a balustrade not exceeding three feet in height) or used as a bathroom, urinal, water closet, sleeping apartment, store- room or kitchen, nor shall any rain or other water be discharged therefrom save in the manner provided by section 52 of the Buildings Ordinance, 1934:

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

25

to be

window.

33.-(1) No room shall be maintained or used for Every room sleeping purposes in any storey of any existing domestic provided building, or of any domestic building hereafter erected, with sky-

light or unless such room is

is provided with a skylight, or with gr a window Or windows opening either directly or across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth of the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level:

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as he may deem expedient.

(2) No screens or partitions shall be erected or maintain- ed in any room on the ground floor of any domestic building with the exception of such as form one 'ping fung', one show- case, and one accountant's office.

Such structures must comply with the following require- ments, namely:

(a) A 'ping fung' shall be composed of wire netting, lattice work, railings or carved wood-work which shall be arranged in such a manner as to leave at least two-thirds of its area open and as far as possible evenly distributed.

(b) A show-case shall not extend more than two-thirds across the width of the room and shall leave a space of not less than four feet measured vertically between the top of such showcase and the underside of the floor or joists of the floor above.

(e) An accountant's office must have either-

(i) its partitions, with the exception of the one formed by a show-case, composed of wire netting, lattice work, railings or carved wood-work arranged in such a manner as to leave at least two-thirds open and as far as possible evenly distributed or

:

(ii) the whole of its front open with the exception of a counter not exceeding three feet and six inches in height, or in the case of a pawnbroker's shop not exceeding seven feet and six inches in height.

on repre-

Council

34.-(1) Whenever the Urban Council on the repre- Governor sentation of a Health Officer is satisfied that any of the rooms in Council in any block of domestic buildings are so dark as to be sentation dangerous or prejudicial to the health of the inmates, the of the Council may recommend in writing to the Governor in

may order Council the demolition of all storevs above the lowermost demolition of storeys, storey of every third building in such block, and the provision

                                   provision of of additional windows for such of the buildings as are allowed additional

windows, to remain, and the carrying out of such consequential works and other as the Urban Council may deem necessary to render such works in buildings healthy and secure; and the Governor in Council may thereupon direct that such demolition and such ject to

                          of tion. consequential works be carried out, and the amount compensation to be paid by the Government in respect of such buildings as are demolished wholly or in part shall be determined by arbitration in the manner hereinafter provided.

certain

cases, sub.

compensa-

Ordinance No. 6 of 1901.

Obstruction

26

(2) The cost of any works carried out under this section, exclusive of any such compensation as aforesaid, shall be certified by the Building Authority, and the Governor in Council may

thereafter impose, in such proportions as he may decide, a special improvement rate upon the owners of such of the adjoining houses as are in the opinion of the Governor in Council benefited by such works; such rate shall not exceed an annuity for such period not exceeding thirty years as may be agreed upon, which shall be calculated at the rate of five per cent. interest, and of which the present value shall be the cost above referred to. Every such rate may be recovered by the Treasurer in the same manner as if it were a rate imposed under the provisions of the Rating Ordinance, 1901. The owners may, however, pay such cost into the Treasury at any time within one month from its being notified to them as certified by the Building Authority, and, further, may at any time pay into the Treasury the present value of the balance of any annuity unexpired.

(3) The Governor in Council may permit any part of any works directed under this section to be carried out by the owner at his own cost, but subject to the satisfaction of the Building Authority and to such conditions and in accordance with such plans and particulars as the Governor in Council may direct.

35. No window of any tenement house shall be of windows obstructed by the erection of any structure or fitting

whatsoever, or by any household goods or merchandise.

prohibited.

Conditions

cubicles may

be erected and main- tained.

Sleeping Accommodation

36.-(1) No cubicle shall be erected, or, if already under which erected, be maintained in any room unless such room be provided with a sky-light or windows opening either directly or across a verandah or balcony into the external air, and having a total area equal to at least one-tenth of the floor area of such room and capable of being opened to the extent of one-half at least, and unless the area of such sky-light, window or windows which is clear of any obstruction to the light is equal to one-half at least of the total area of such sky-light, window or windows.

(2) Not more than three cubicles shall be allowed in any room, and, in the event of any room not having a window at the rear opening either directly or across a verandah or balcony into the external air, only one cubicle shall be allowed in such room.

(3) No cubicle shall be erected, or, if already erected, maintained, on the ground floor of any domestic building.

(4) The cubicle or cubicles in a room shall be so placed as to leave at least two-fifths of the width of the window or windows required by this Ordinance without any cubicle partition in front of such two-fifths.

(5) No cubicle shall have a less floor area than sixty- four square feet, nor a less length or width than seven feet.

(6) There shall be a space measured vertically between the top of every portion of the partition of every cubicle and the ceiling or undersides of the supports of the floor above, or of the roof, as the case may be, of not less than four feet.

ཎྞ་

27

(7) No cubicle or partition shall be erected, or if already existing shall be allowed to remain, in any kitchen.

(8) No portion of the structure of any cubicle shall exceed six feet in height.

(9) No portion of the structure of any cubicle except the necessary corner posts shall be nearer than two inches to the floor of such cubicle, and no structure shall be erected, or if already existing shall be allowed to remain, within any cubicle which is of a greater height than the maximum height allowed by this section for any portion of the structure of such cubicle or which provides a cover or roof to the cubicle.

(10) All cubicles and partitions referred to in this section. shall be constructed of wood, metal or other material approved by the Building Authority and shall be painted, whitewashed or otherwise kept clean to the satisfaction of the Council.

Provided that the Council, with the consent of the Governor in Council, shall have power in all cases to grant a modification of or exemption from the requirements of this section upon such conditions, if any, as the Council may deem expedient.

premises

cubicles and

37. It shall be lawful for a magistrate, in his absolute Closure of discretion, to order the whole or any portion of any building, containing or of any storey containing a cubicle or partition, which is unauthorised contrary to the provisions of this Ordinance, to be forthwith partitions closed and to remain closed until the alterations or removal by order of required have or has been certified in writing by the Secretary magistrate. to have been made and completed to the satisfaction of the Council. Every person found living in any building or portion thereof so closed as aforesaid shall be deemed to have acted in contravention of this Ordinance and shall be punish- able accordingly.

order

38. It shall be lawful for a magistrate in any case in Magistrate which it is proved to his satisfaction that any mezzanine floor, demolition cockloft, cubicle, partition or shop-division is not in and removal accordance with the provisions of this Ordinance, to order, of cubicles, either in addition to cr in substitution for any penalty etc., which specified in this Ordinance, the immediate demolition, removal do not and destruction thereof or of any portion thereof by any provisions officer deputed by the Council, and no compensation shall Ordinance. be payable to any person in respect of any damage done. thereto by such demolition, removal and destruction.

Adequate Latrine Accommodation to be Provided

comply with

of the

provision of

tion to be

39. Should it appear to the Council that any building Inadequate or part of a building is without sufficient and proper inst latrine accommodation and that such accommodation is accommoda- necessary for the use of the occupants of such building or dealt with by for the use of the persons employed in such building, or that the Council. the existing latrine accommodation available for use by the occupants of any building or by the persons employed therein is insufficient or for sanitary reason objectionable, the owner of such building shall, upon receipt of a written notice to that effect from the Council, provide a latrine, or additional latrines, to the satisfaction of the Council and also of the Building Authority, to whom plans together with the said notice shall be submitted before work is commenced.

Latrines

not to be connected directly

with drains.

Daily cleansing of pail latrines.

Water

closets and

urinals.

28

40. No latrine other than a water-closet shall be main- tained or used so as to have any direct communication, by means of any pipe, drain or grating, with any underground private drain or public sewer, and any existing latrine, not being a water-closet, having such communication shall have the same completely cut off by the owner when so required by the Building Authority.

41. In the case of pail latrines the closets and pails shall be cleansed daily and the nightsoil removed and disposed of daily. Where pail latrines are provided for the use of tenants of blocks of tenement houses these requirements. shall be carried out by such persons as the Council may direct.

42.--(1) No person shall maintain, or allow to remain water flushed on any premises owned or occupied by him, any water closet or urinal constructed before the 24th day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and the consent of the Governor in Council or was constructed in and is in a hospital.

2) Except with the permission of the Council and in accordance with the terms of such permission no person shall construct any water closet or urinal; nor shall any person maintain or allow to remain on any premises owned or occupied by him, any water closet or urinal constructed since the 23rd day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and of the Colonial Secretary and in accordance with the terms of such permission.

(3) It shall be lawful for a magistrate to order the removal of any water closet or urinal whatsoever if the water closet or urinal was constructed or has been maintained without due permission or in breach of any of the terms or conditions of any such permission, or if the water closet or urinal has been kept in an insanitary or uncleanly condition or has no sufficient supply of water for the flushing thereof to the satisfaction of the Council.

(4) A magistrate shall order the removal of any water closet or urinal whatsoever which has not been removed within three months after a notice to remove it shall have been served on either the owner or the occupier of the premises on which the water closet or urinal was being main- tained. Such notice shall be effective notwithstanding any intermediate dealing with the said premises.

(5) The notice referred to in sub-section (4) may be given at any time by the Council and shall be in the absolute discretion of the Council.

(6) Any order of a magistrate under this section may be made against either the owner or the occupier of the premises on which the water closet or urinal is being maintained.

(7) Any order of a magistrate made under this section. shall be a complete authority to the person against whom it is made to remove the water closet or urinal in question.

(S) If the water closet or urinal is not removed within such time as may be limited by the magistrate it shall be lawful for a magistrate, without prejudice to any penalty to

29

which any person may be liable, to make an order empowering the Council and any person authorised by it to enter the premises and to remove the water closet or urinal in question; and all expenses incurred by the Council in causing such removal shall forthwith be paid by the person against whom the original order of removal was made, or failing him by the owner of the premises in question, without prejudice to any right of such person or owner to recover the amount of such expenses from any other person liable for the same.

(9) In this section 'urinal' means a water flushed urinal.

Limitation of Accommodation and Prevention of

Overcrowding.

buildings

43. A Health Officer or such other officer as the Measure- Council may appoint for this purpose shall, within such limits ment of as the Council may from time to time define, cause to as first step be measured the floor area and cubic capacity of all domestic prevention buildings or parts thereof, and shall cause to be calculated of over- the number of occupants that may lawfully be accommodated crowding. in such buildings or any parts thereof in accordance with the provisions of this Ordinance, and shall cause such number in English and Chinese to be fixed to such buildings or parts thereof in such manner as the Council may from time to time. direct.

44. In the calculation of cubic space for human Calculation habitation:

(u) no height over ten feet shall be taken into account.

(b) no passage, lobby or other space partitioned off from any room to the height of the ceiling shall be included in the cubic space of such room.

(c) Every person over ten years of age shall be considered as an adult and every two persons of ten years or under shall be counted as one adult.

of cubic

space.

accommoda-

45. Every domestic building and any part thereof Limit of found to be inhabited in excess of a proportion of one adult tion. for every 35 square feet of habitable floor space or superficial area, and 350 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition:

Provided that :--

(i) Every domestic building within the mid-level district. or within the Hill District, and any part thereof (with the exception of quarters occupied by servants), which is occupied by more than one adult for every 1,000 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition.

(ii) The provisions of this section shall not apply in the case of temporary structures provided for housing workmen. during the progress of works.

responsible

46.-(1) It shall not be lawful for any householder or Lessor tenant to let or sub-let, or allow to be used for occupation, for over- any domestic building or any part thereof to or by so large crowding. a number of persons as to cause the same to be in an over- crowded condition.

Steps to be

taken to

abate over- crowding.

30

(2) The householder or tenant (together with his family, if any) if resident in any such domestic building shall be counted in ascertaining whether such building or any part thereof is in an overcrowded condition.

(3) Where any domestic building or any part thereof is ascertained to be in an overcrowded condition between 11

p.m. and 5 a.m., such overcrowding shall be deemed to be prima facie evidence that such building, or part thereof, was let or sub-let in contravention of this section.

47.-(1) If any domestic building or part thereof shall be found to be in an overcrowded condition, any officer being duly authorised so to do may within five days apply to a magistrate to suminons before him each tenant or householder of such building.

(2) If it be proved that the said domestic building or any part thereof was overcrowded within five days prior to the issue of the summens, the magistrate may inflict a fine not exceeding twenty-five dollars on the person summoned, and may further make an order for the abatement forthwith of such overcrowding.

(3) Every person who fails to obey any such order and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during such default, and every person who knowingly and wilfully acts contrary to any such order shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues.

(4) On the hearing the magistrate may make such order for the inspection, at any hour of the night or day, of the said domestic building or any part thereof as the circumstances of the case may require. Such order shall continue in force for a period not exceeding one month.

Limits of

48. No room fitted with bunks or beds shall be so fitted fittings for

  as thereby to provide sleeping accommodation for a greater sleeping accommoda- number of persons than are by law permitted to occupy the

tion.

Kitchen not to be used as sleeping

room or latrine.

room.

49.-(1) Any room of a tenement house used as a kitchen shall not be used as a sleeping room, and the house- holder or tenant thereof shall be responsible that such kitchen is not so used.

(2) In no tenement house shall any latrine accomodation be constructed or maintained in any kitchen or other place where food is prepared.

Basements

not to be cccupied without

permission.

Basements.

50. It shall not be lawful, without the written permission of the Council, to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used, any basement for habitation or for occupation as a shop, workshop or factory, and no basement shall be so used unless it is well lighted, ventilated and drained, and is free from damp and is rendered rat-proof to the satisfaction of the Council.

31

Public Latrines.

51.-(1) No public latrine shall be erected until the Sanction of sanction of the Council in writing has been obtained.

Council

necessary for erection

latrines.

(2) The Council shall not incur any legal liability in of public respect of having granted such sanction, nor shall such sanction protect the owner of any public latrine from any liability to an injunction or other legal proceedings should the latrine be at any time so conducted as to become a nuisance, or its erection be contrary to agreement or be otherwise wrongful.

52. When, in the opinion of the Council, additional Council may public latrine accommodation is required in any locality upon apply to unleased Crown Land, the Council may apply in writing to the for additional Governor, through the Colonial Secretary, specifying the site public upon which it desires the erection of a public latrine, and the accommodation to be provided by such latrine.

latrines.

of intention

53. If such application is approved by the Governor Notification a notification shall be published, in English and Chinese, in to erect three successive numbers of the Gazette, specifying the site public and notifying that the Government proposes to erect thereon a public latrine.

latrine.

to erection

54. (1) If any owner or occupier of property in the Objection immediate vicinity of such site objects to such erection, such of public objection must be sent in writing to the Colonial Secretary so latrine. as to reach his office not later than one week after the publica- tion of the last of such notifications.

(2) Such objection must state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

tive Council

55. If such objection is so duly made and is not with- Resolution drawn the Government shall not be entitled to claim the im- of Legisla munity conferred by section 56, unless, after such objection where has been considered, a resolution of the Legislative Council objection is passed approving of the site and the erection thereon of such latrine.

is made.

granted or

56. Where such resolution as is mentioned in section 55 No injunc has beeen passed or where no objection has been so duly tion to be made or has been withdrawn, no injunction shall be granted suit to be against the erection, continuance or use of such latrine, nor brought in shall any suit be brought for damages or compensation in cases. respect of such erection, continuance or use.

certain

latrines

57. The immunity with regard to injunction and suits Existing conferred by section 56 is hereby extended to all the Govern- public ment public latrines existing at the commencement of this protected Ordinance, as fully as if the resolution referred to had been injunction. passed in each case.

from

control

58. The Council shall have the control and management Council to of all Government public latrines erected under the provisions public of this Ordinance, or protected thereby, and any provisions latrines. relating to public latrines shall apply to all Government public latrines.

59. Nothing in this Ordinance contained relating to public latrines shall in any way be deemed to derogate from any existing rights or powers of the Government.

Saving of

existing

rights.

Council may restrict washing of clothes by washermen to public laundries.

Nuisances in factories or workshops, etc.

Proper latrine accommoda- tion to be provided.

Maintenance

32

Laundries.

60. The Council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling except at public laundries or at such other places. as it may appoint for the purpose.

Maintenance of Sanitary Conditions in Factories.

61. Whenever it appears to the Council that any factory or workshop is damp or that it is not ade- quately lighted or

lighted or is not ventilated in such a man- ner as to render harmless, as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried on therein, or is not maintained in a clean- ly condition, or is so overcrowded during the time in which work is carried on as to be dangerous or injurious to the health of the persons employed therein, the Council may, by written notice, require the owner thereof to take such steps as the Council may consider necessary to prevent such dampness, or adequately to light or ventilate the premises, or to render harmless as far as practicable any gas, vapour, dust or other impurity, or to cleanse the premises, or to prevent the same from being overcrowded.

62. Every factory and workshop whatsoever employing not less than 20 persons shall be provided by the owner thereof with proper latrine accommodation on the premises, for the separate use of persons of each sex, to the satisfaction of the Council.

     63. Every factory and workshop shall be kept in a of cleanliness. cleanly state.

Lime- washing.

Avoidance of effluvia.

Accommoda-

tion

according

64.-(1) All the ceilings and inside walls of a factory or workshop shall be limewashed at least once a year. If these have been oil painted or varnished they shall be washed with hot water and soap once every fourteen months.

(2) The Council may by special order grant exemptions from requirements as to limewashing or washing.

65. Every factory or workshop shall be kept free from effluvia arising from any drain, latrine, urinal or other nuisance.

66. When less than 250 cubic feet of air space per person are provided in a factory or workshop such factory or to air-space. workshop shall be held to be so overcrowded as to be danger-

ous or injurious to the health of those employed therein.

Number of occupants

to be

posted.

Maintenance

of ventila-

tion.

67. In every factory and workshop a notice must be affixed specifying the number of persons which can be em- ployed in each room.

68. In every room in every factory and workshop sufficient means of ventilation must be provided and main- tained.

}

!

33

Regulation of Dangerous, Unhealthy or Offensive

Trades or Occupations.

permission

before any

69.-(1) No person shall establish or carry on in any Special premises any dangerous or any offensive trade in any of Council part of the Colony, without the special permission necessary in writing of the Council, and a magistrate may, in dangerous or addition to any penalty which he may inflict for a con- travention of this section, order the closing of any such established. premises for such period as he may deem necessary.

(2) For the purposes of this section, any such business shall be deemed to be established not only if it has been estab- lished but also if it is removed from any one set of premises to any other premises, or if it is renewed on the same set of premises after having been discontinued for a period or twelve months or upwards, or if any premises on which it is carried on are enlarged without the permission of the Council; but a business shall not be deemed to be established anew on any premises by reason only that the ownership or occupancy of such premises is wholly or partially changed, or that the building in which it is established having been wholly or partially pulled down or burnt down has been reconstructed without any extension of its area.

Provided always that any permission given by the Council under this section shall be revocable at any time by the Council.

offensive trade can be

70. The Council may by an order in writing prohibit the Council may occupation for domestic purposes of any building in which any domestic

prohibit dangerous or any offensive trade is carried on.

Keeping of Cattle, Swine, etc.

occupation of dangerous trade building.

required for

goats.

71. The keeping of cattle, swine, sheep or goats with- Licences out a licence from the Council is prohibited, and every person keeping who keeps any such animal, either without a licence from cattle, swine, the Council or in a manner contravening such sanitary sheep or conditions as may be indorsed on such licence, shall be liable to a fine not exceeding fifty dollars, and, further, to forfeit all or any of the animals in respect of the keeping of which he has so offended.

72. No person shall bring into the Colony, or drive, Prevention of carry, transport, remove, or have or keep, or knowingly suffer suffering. to be had or kept under his control or on his premises, any animal or other creature in any way which may cause it need- less or avoidable suffering.

PART IV.

DISPOSAL OF THE DEAD.

Cemeteries.

may

73.-(1) It shall be lawful for the Governor in Council, Governor by notice published in the Gazette, to authorise places to be in Council used as cemeteries or urn cemeteries, and it shall be lawful authorise for the Urban Council by by-law to set apart any portion of any authorised cemetery as an urn cemetery.

use of

¡laces for cemeteries and Urban Council

may set

apart portions

for urn

cemeteries.

T

34

(2) The cemeteries and urn cemeteries set forth in the list immediately following this section, and such other ceme- teries and urn cemeteries as may be authorised by the Governor in Council, and such urn cemeteries as may be set apart by the Urban Council, shall be deemed authorised cemeteries or urn cemeteries as the case may be.

(3) The cemeteries and urn cemeteries set forth under the sub-heading 'Closed' in the list of authorised cemeteries and urn cemeteries immediately following this section shall be deemed to have been closed.

(4) It shall be lawful for the Governor in Council, by notice in the Gazette, to close any authorised cemetery or urn cemetery.

Authorised cemeteries.

Authorised Cemeteries.

The Mount Caroline Cemetery. The Kai Lung Wan Cemetery.

The Kai Lung Wan Cemetery, East.

The Aberdeen Cemetery, Sham Wan.

The Shek O Cemetery.

The Stanley Cemetery.

The Chai Wan Cemetery.

The Fukienese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Pokfulam Road. The Chinese Permanent Cemetery, Aberdeen. The Colonial Cemetery, Happy Valley.

The Roman Catholic Cemetery, Happy Valley.

The Mahomedan Cemetery, Happy Valley.

The Hindoo Cemetery, Happy Valley. The Zoroastrian Cemetery, Happy Valley. The Jewish Cemetery, Happy Valley.

The Eurasian Cemetery, Mount Davis.

The French Mission Cemetery, Pokfulam.

The Roman Catholic Cemetery, Sookunpoo.

The Aplichau Urn Cemetery.

The Cheung Sha Wan Urn Cemetery.

The Chai Wan Urn Cemetery.

The Ho Mun Tin Urn Cemetery.

The Sai Yu Shek Urn Cemetery.

The Sookunpoo Urn Cemetery.

The Telegraph Hill Urn Cemetery.

The Kai Lung Wan East Urn Cemetery.

The Aberdeen (Sham Wan) Urn Cemetery.

The Christian Chinese Cemetery, Stanley.

1

?

35

The New Kowloon Cemetery No. 1.

The New Kowloon Cemetery No. 2.

The New Kowloon Cemetery No. 3.

The Kowloon Inland Lot No. 2148 Cemetery.

The Kowloon Cemetery No. 1.

The Kowloon Cemetery No. 2.

The Kowloon Cemetery No. 3.

The Kowloon Cemetery No. 4.

The New Kowloon Urn Cemetery No. 5.

'Closed'.

The Mount Davis Cemetery.

The Ma Tau Wai Cemetery.

The Kai Lung Wan Extension Cemetery.

The Po Kong Cemetery.

The Shamshuipo Cemetery

The Tseung Lung Tin Cemetery, Cha Kwo Leng.

The Sai Yu Shek Old Cemetery.

The Kowloon Tong Cemetery.

The Cheung Sha Wan Cemetery.

The Kennedy Town Cemetery.

The Hau Pui Lung Cemetery.

The Tai Shek Ku Urn Cemetery.

The Christian Chinese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Kowloon Tong.

The Indian Cemetery, Tai Shek Ku.

Closed cemeteries.

outside a

74. Every person who, without the written permission Penalty for of the Governor granted on the recommendation of the burial Council, buries any dead body elsewhere than in an authorised cemetery. cemetery which has not been closed, and every person who without such permission deposits an urn containing the remains of any dead body elsewhere than in an authorised cemetery which has not been closed, shall upon summary conviction be liable to fine not exceeding one hundred dollars.

and removal

except by

75.-(1) Subject to the provisions of this section it Exhumation shall not be lawful without a permit, granted in the manner hereinafter provided, to exhume any body or the remains of any body which may have been buried in any place or to remove the remains of any body from any urn which may have

permit,

prohibited.

Persons to whom

permits may be issued.

Authorities for issuing permits.

Council may

to managers

36

been deposited in any place, and every person who exhumes any body or the remains of any body, or who removes the remains of any body from any urn, contrary to the provisions of this Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

(2) Subject to the provisions of sub-section (4), such per- mit shall be granted only to the legal personal representative or next of kin of the person whose body or the remains of whose body are concerned or to the duly authorised agent of such legal personal representative or next of kin.

(3) Such permit may be granted-

(a) in respect of any authorised cemetery or urn ceme- tery, by the Council under the hand of the Secretary, and

(b) in respect of any place other than an authorised ceme- tery or urn cemetery, by the Governor under the hand of the Colonial Secretary.

(4) Notwithstanding the provisions of sub-section (2), it grant permits shall be lawful for the Council, under the hand of the Secretary, of cemeteries. to grant to the manager or managers of a leased cemetery a permit for the removal of any body or the remains of any body from any place in such leased cemetery.

Governor may grant permits.

Permitting authority

may prescribe conditions.

Permit where grave held under Crown Lease.

Power of

Governor to

remove any body or remains.

Six months notice required.

Duty of Secretary

for Chinese Affairs.

(5) Notwithstanding the provisions of sub-section (2), it shall be lawful for the Governor, under the hand of the Colonial Secretary, to grant a permit, for the removal of any body or the remains of any body from any place other than an authorised cemetery, to any person who in his opinion has a sufficient interest in the disposal of the body or remains in question.

(6) The permitting authority may in each case prescribe such conditions as he may deem fit, and any person who neglects to observe the conditions of the permit shall upon summary conviction be liable to a fine not exceeding two hund- red dollars.

(7) No such permit shall be granted in respect of any grave or urn on land held upon lease from the Crown without the written consent of the Crown lessee or his duly authorised agent.

(8) Notwithstanding anything contained in this section, it shall be lawful for the Governor, whenever he shall deem it expedient, to remove any body or the remains of any body from any grave or urn whatsoever and by order under his hand to direct such removal to be made in such manner as he shall think fit.

(9) No such order shall be made directing any such re- moval from an authorised cemetery or urn cemetery until six months notice of the intention to make it shall have been given by notification in the Gazette.

(10) When an order is made directing a removal from any place other than an authorised cemetery or urn cemetery, the Secretary for Chinese Affairs shall take such steps, if any, as he may deem necessary for giving notice to the persons interested in the disposal of the body or remains.

:

37

arrangement

reburials.

(11) The Government shall make proper and fitting ar- Fitting and rangements for the reburial in an authorised cemetery or urn proper cemetery of any body or the remains of any body removed to be under sub-section (8) and for the removal and re-erection of made for any monument, all charges in connexion therewith being de- frayed out of the public revenue: Provided that, when it is desired otherwise to dispose of bodies or the remains of bodies of persons of Chinese race in accordance with Chinese custom, the necessary permission shall be given, subject to such con- ditions as the Governor may prescribe, all reasonable expenses in connection with such disposal, if within the Colony, being defrayed out of the public revenue.

Chairman

(12) Any body or the remains of any body hereafter Power of buried or deposited without permission elsewhere than in an to dispose authorised cemetery or urn cemetery shall be liable to removal of body without notice by direction of the Chairman of the Council without and may be disposed of as he may direct.

buried

permission.

(13) When any body or the remains of any body is or are Removal of removed under any of the provisions of this section, it shall grave or urn be lawful to remove also any grave or urn in which such body or remains are found.

of urri

(14) If any urn or the human remains contained therein Abatement be found in any authorised cemetery to be causing a nuisance nuisance. and the next of kin of the deceased cannot readily be found, it shall be lawful for any Health Officer to abate the nuisance by causing the urn to be reburied in a position as near as may be to that in which it was found.

office of

(15) There shall be kept at the office of the Council Records to a record of every permit granted and of every order or direc- be kept at tion made under the provisions of this section, other than Council. permits, orders or directions relating to urns. Such record shall contain particulars, so far as the same can be ascertained, of the race, nationality, name, sex and age of the persons whose bodies or the remains of whose bodies have been re- moved under the provisions of this section, and particulars of the places from which and to which the same have been removed. Such record shall be open to inspection by any person during office hours.

(16) Notwithstanding anything contained in this section, Powers of it shall be lawful for a magistrate to order the exhumation of magistrate. any body or the remains of any body for the purpose of inquiry into the death of any person.

PART V.

GENERAL.

Service of Notice, Summons or Order.

summonses

76. Any notice, summons or order given, issued or Service of made under the provisions of this Ordinance, may be served notices, upon the person affected by the document to be served, either or orders. personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last-known place of

38

business or of residence of the person to be served, or, if there is no occupier of such premises, or if no address in the Colony of the person to be served is known, by posting up the document to be served on a conspicuous part of the premises to which the same relates : Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or, if the whereabouts of such owner or agent be unknown, by posting a registered letter addressed to such owner or agent at his last-known place of residence or of business in the Colony.

Penalty for

contraven- tions.

Recovery of penalties.

Penalty

nuisance.

Contraventions and Penalties.

77. Every act, failure, neglect or omission whereby any requirement or provision of this Ordinance is contravened, and every refusal to comply with any of such requirements or provisions, shall be deemed a contravention of this Ordinance.

78. All penalties imposed by this Ordinance may be recovered summarily at the suit of the Secretary or of such other officer as the Council may depute.

79. Every person who as architect, engineer, clerk of for building works, contractor, foreman or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner of any build- ing or works on which any such nuisance exists, shall upon summary conviction be liable to a fine not exceeding two hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing to obey

order or

obstructing Health Officer.

80. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or magistrate's who, without reasonable excuse, refuses to permit any Health Officer or other officer of the Sanitary Department, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders any such officer as aforesaid in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

Penalty for other contraven- tions.

Liability of secretary or manager of company.

Proceedings against several

persons.

81. Every person who contravenes any of the provi- sions of this Ordinance or of any by-law made thereunder, in respect of which contravention no special penalty is otherwise provided, shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

82. Where a contravention of any of the provisions of this Ordinance is committed by any company or corporation, the secretary or manager thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

83. Where proceedings under this Ordinance are com- petent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

1

1

39

Appeal to the Governor in Council.

Governor in

decision of

with power

84.-(1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or of any person Council to whom discretionary power is given under this Ordinance in against respect of any act, matter or thing which is by this Ordinance any person made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of the Council or of any such under this person either as to the carrying out of or the meaning of any Ordinance. of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.

Council

in any

appeal to

state case pinion of Fall Court on question

for the

85.-(1) In any appeal under the provisions of section Governor-in- 84 the Governor in Council may at any time in his discretion empowered direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

(4) The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council.

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 84.

of law.

Order of

Governor

86. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme in Council Court as if it had been an order of that court.

enforced by the Court.

Reimburse- ment of

expenses.

Recovery

Ordinance

40

Recovery of expenses by the Council.

87. All reasonable expenses incurred by the Council in consequence of any default in complying with any order or notice issued under the provisions of this Ordinance shall be deemed to be money paid for the use and at the request of the person on whom the said order or notice was made, and shall be recoverable from him in the ordinary course of law at the suit of the Secretary. The provisions of this section shall apply to any orders or notices issued under any by-law by the Council or by any duly appointed committee of the Council

88. The provisions of the Crown Remedies Ordinance, of expenses. 1875, shall apply to the recovery of all such expenses, and the certificate required by that Ordinance shall be signed by the Secretary.

No. 6 of

1875.

Granting of certificates by Council.

Certificates.

89. Certificates and written permissions of the Council under this Ordinance or under any by-law may be given under the hand of the Secretary or such other officer as the Council may appoint in that behalf. Such certificates and permits shall for all purposes be prima facie evidence of the matters therein stated.

Obstruction

of streets prohibited.

Private streets.

90. No shed, lean-to, shelter, show-case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor in Council.

Submission of claim.

Appointment

of arbitra- tors.

Arbitrators.

91. No suit, action or other proceedings shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment payable is otherwise provided for by this Ordinance, submit to the Colonial Secretary, on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, if any such plans. are so deposited, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

92. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following:-

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claim- ing compensation.

(2) The two arbitrators so nominated shall view the pre- mises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final

:

41

(3) In case of disagreement the arbitrators shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(4) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

93.-(1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such purpose compensation the value of any land resumed or of any building thereon-

on which

to be based.

No. 6 of

1901.

(a) may take into consideration the rateable value and Ordinance the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state;

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the maintenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisi- tion being compulsory.

(2) The said arbitrators or umpire shall also receive evidence to prove―

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel or as a gaming house or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall-

(a) in cases (a) and (b), so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c), be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

(c) in case (d), be based on the value of the land and of the materials of the buildings thereon.

Vacancies among

arbitrators.

Breach of

condition of

modification

42

94. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by the claimant, shall be filled by some other person so appointed.

Miscellaneous.

95. The breach of or failure to perform any term or condition attached to any modification of or exemption from or exemption. any provision of this Ordinance shall entitle the authority by whom such modification or exemption was granted to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

Registration

of modifica- tion and cancellation thereof.

Limitation of personal liability of

members of the Council, Building Authority

and others.

Protection of persons acting

under the Ordinance, Ordinance

No 31 of 1911.

Application

of Ordin- ance to New Territories,

etc.

Certificates granted under

Ordinances repealed preserved.

96. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the pro- perty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

97. No matter or thing done by

   or thing done by the Council or Building Authority or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council, a Health Officer or the Building Authority, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

98. The provisions of section 48 of the Interpretation. Ordinance, 1911, shall apply to actions or proceedings com- menced against the Council, a Health Officer, the Building Authority or any person acting under their or his direction, or against any member of the Urban Council or any officer or other person acting in his aid, for anything done or intended to be done or omitted to be done under the provisions of this Ordinance.

99. This Ordinance and the regulations and by-laws made thereunder shall not apply to any part of the New Terri- tories, except New Kowloon, unless and to such extent as the Governor in Council shall by order otherwise direct.

100. Nothing in this Ordinance shall be deemed in any way to derogate from or lessen the validity or effect of any licence, certificate or written permission of the Sanitary Board granted before the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate or written permission.

*

A

43

101. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by Proclamation as the ment. commencement of this Ordinance.

SCHEDULE A.

[s. 5 (2).]

BY-LAWS.

*

Basements.

be fulfilled

1. The conditions under which alone it shall be lawful to live in, Conditions occupy or use for habitation, or to let or sub-let or to suffer or permit to which must be used for habitation, any basement shall be that such basement is pro- before a vided with one window at least opening into the external air, and that basement the total area, clear of any obstruction to the light, of such window or can be windows is at least one-tenth of the floor area of such basement occupied as Provided always that the Council may, if it thinks fit, grant permission a habitation. in writing to obstruct or cover such area in any manner which may be previously approved by the Council.

2.--(1) The conditions under which alone it shall be lawful to Conditions occupy or use, or to let or sub-let, or to suffer or permit to be used under which for occupation as a shop, workshop or factory, any basement shall be a basement that such basement complies with the provisions of the preceding occupied as by-law and is lit, ventilated and maintained in a sanitary condition a shop, to the satisfaction of the Council.

(2) Such shop, workshop or factory may not be used for habita- tion except by such number of persons as the Council may authorise in writing, and in every case in which the Council authorises any person or persons to use for habitation any such shop, workshop or factory, sleeping accommodation shall be provided by the erection of a cockloft or bunks which shall have a clear space of at least 4 feet between it or them and such side or sides of the basement as abuts or abut against the earth or soil.

can be

workshop or factory.

Cattle, Swine, etc.

1. Annual licences expiring on the 31st December of the year in Licences which they are granted shall be issued for the keeping of cattle, swine, expire in sheep and goats.

December.

2. Any person desirous of obtaining a licence to keep cattle, Application swine, sheep or goats shall make application to the Council by means for licence. of a properly filled in form, for which purpose blank forms can be obtained from the Secretary at his office.

3. No building in which cattle, swine, sheep or goats are housed Regulations shall be situated nearer than six feet to any dwelling house nor shall as to animal such building in any way connect with a public or private sewer,except houses. with the special permission of the Council. Such building shall be built of brick or stone or other material to be approved by the Council and shall be lighted and ventilated to the satisfaction of the Council, and the flooring thereof shall be of granite slabs, concrete, or other impervious material and provided with watertight channels for draining. all urine and fluid noxious matters into a watertight covered sump or such other place as may be approved by the Council. The sump. shall be constructed to the satisfaction of the Council and shall be emptied and the contents thereof together with the solid manure in the building removed daily. The Council may, however, waive any of these conditions, provided that in the opinion of the Council such can be done without danger to the public health.

Area and

cubic space for a cow.

Area and

cubic space for a sheep

or goat.

Area and

cubic space for each

pig.

Concerning cleanliness

and lime-

washing.

Buildings licensed for

animals not to be used

for other

purposes.

Licensed buildings

to be open to inspection.

Disease to

44

4. Each cow shall have at least thirty-two square

                               feet of standing room, and three hundred and sixty cubic feet of air space; in no case shall a cattle-shed be less than twelve feet in height.

5. Each sheep and goat shall have at least eight square feet of standing room and ninety cubic feet of air space.

6. Each pig shall have at least eight square feet of standing room, and every pigsty shall be not less than four feet in height at its lowest part.

7. The buildings shall be at all times kept in a cleanly condition and the walls be scraped and limewashed during the months of January and July in each year.

8. A building for which a licence is held to house cattle, swine, sheep or goats shall not be used for any other purpose than the housing of such animals.

9. Buildings in which cattle, swine, sheep and goats are housed shall be at all times open to inspection by any member of the Council, Health Officer or Sanitary Inspector.

10. Every licensee or, in his absence, the person in charge of the be reported. animals shall, with all possible speed, report to the Colonial Veterinary Surgeon or to the officer in charge of the nearest police station any and every case of disease occurring amongst his animals. In the event of an animal dying, the carcase shall not be removed or buried without an order in writing from the Colonial Veterinary Surgeon or from some person authorised by him.

Cancellation

of licence.

Calculation of cubic space for calves.

Calculation of cubic

space for

lambs or kids or young pigs.

Water supply for animals.

Restrictions as to

grazing.

11. The Council may, in its discretion, cancel any licence to keep animals on the holder of such licence being a second time convicted before a magistrate for a breach of these by-laws.

12. In the calculation of cubic space under by-law 4 two calves under one year shall be counted as one cow.

13. In the calculation of cubic space under by-laws 5 and 6 two lambs, two kids and two young pigs under four months shall be counted as one sheep, one goat and one pig respectively.

14. Any person desirous of obtaining a licence for a building in which animals are to be housed shall make adequate provision that such building shall have a suitable supply of good wholesome water for the use of the animals to be housed therein, and such supply of water shall be within such distance of the building as shall in each case be determined by the Council.

15. No cattle or goats shall be turned out to graze, except on fenced land in the possession or occupation of the owner of such cattle or goats, without a written permit which may contain conditions as to hours of grazing, area to be grazed and other matters.

Power of

Cemeteries.

1. Every cemetery shall be at all times open to inspection by any members of member of the Council or by any officer directed by the Chairman to

Council or

authorised

officers

to inspect cemeteries.

make such inspection.

A. CEMETERIES OTHER THAN CHINESE CEMETERIES.

Graves to number. bear a

2. Every grave shall bear a number.

}

45

3. A register shall be kept by the person or persons in charge of Registers each cemetery, and the date of burial, naine, sex and age of each to be kept. person shall be entered therein against the number of the grave in which the corpse is interred. Such register shall be open to inspection. by any member of the public at any reasonable hour.

4. Each grave shall be dug to a depth of at least 5 feet, with the Depth of exception of the graves of children under 10 years of age which need graves. not exceed 4 feet in depth.

allowed in

a grave.

5. Except in the cases hereinafter specified only one corpse shall Number of be placed in one grave. Exceptions: (A) In the case of the interment corpses cf children under 10 years of age more than one corpse may be interred in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface; (B) More than one member of the same family may be interred in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface.

6. The interspace between any two coffins (except when buried Interspace in a single grave under by-law 5) at any point shall be at least 18 between inches.

coffins.

7. Each grave shall be properly covered with turf or such other Graves to material as may be approved by the Council, within 12 months be covered of the grave being filled in.

with turf or other material.

8. Except for the purpose of a further interment under by-law 5, Reopening no grave may be re-opened after a corpse has been interred therein of graves. without the written permission of the Council or an order of a magistrate.

9. Any person proposing to inter a corpse shall give not less than Inspector of two hours' notice to the Inspector of Cemeteries of the hour and cemeteries

to be given cemetery at which it is proposed that such interment shall take place.

notice of burial.

10.-(1) The fees to be charged in the Colonial Cemetery shall be Fees. as follows:

For each grave space of 15 square feet

Grave digging

Exhumation of corpse..

Exceptions.

For each grave space for children under 10 years

of age...

Grave digging

Second burial in the same grave

Pauper interment

Monuments.

$10.00

1.00

5.00

5.00

1.00

free

free

A monument over any grave space or any enclosure of a grave space not occupying more than 15 square feet

free

(2) No monument over a grave space or enclosure of the surface of a grave space occupying more than 15 square feet shall be erected or made without permission of the Council which may, if it thinks fit, grant such permission upon payment of a fee of $2 for each square foot to be occupied by the monument or enclosure in excess of 15 square feet.

for certain

11.-(1) There shall be set aside special sections in the Colonial Special Cemetery for the burial of Naval and Military commissioned officers, sections of civil servants, residents of more than 20 years' standing, residents of cemeteries more than 7 years' standing, children and destitutes. The Chairman classes. of the Council or in his absence the Vice-Chairman may, however, grant permission for the interment of any person in any of the above mentioned sections. A map of the Cemetery showing the above sections shall be kept in the office of the Council and be available for inspection by any member of the public.

Burning of joss-sticks and firing of crackers prohibited.

46

(2) Application for permission to inter a corpse in any special section, not already provided for, shall be made in writing to the Secretary and shall be decided upon by such person or persons as the Council may appoint; if no such application is made, every corpse shall be buried in such position as the Chairman shall direct.

12. The burning of joss sticks and firing of crackers is prohibited in that portion of the Colonial Cemetery set apart under Ordinance No. 38 of 1909 for the burial of persons professing the Christian religion.

Lay-out.

Plans to be placed on

view.

Monthly register to be kept.

Number of

corpses per grave.

Each grave to be filled.

Reopening

of grave prohibited

except with permission of Council.

Fees.

Areas of

B. CHINESE CEMETERIES.

13. Each cemetery shall be laid out in sections of such size and arranged in such manner, and such cemetery or any part thereof may be set apart for re-interments after exhumation and for the storage of the remains in pots or urns, as may be directed by the Council.

14. A plan of each cemetery showing the various sections shall be on view at or near to the cemetery and at the offices of the Council.

or

15. A monthly register shall be kept in the Chinese language at near each cemetery, and the date, name, sex and age of each person shall be entered therein against the number of the grave in which the corpse is interred. These registers shall be deposited at the office of the Council after a period of two years, and shall be filed there.

16. Except as regards the corpses of children under ten years of age, only one corpse shall be placed in one grave. In the case of the corpses of children under ten years of age, two corpses may be placed in one grave.

17.

Each

grave

shall be filled in to the satisfaction of the Council.

18. Except on an order of a magistrate, no grave may be re- opened after a corpse has been interred therein without the written permission of the Council, nor (except where no charge has been made for the grave space) without the written consent of the next of kin of the person buried, if such next of kin can be found.

19. The following fees shall be charged for each grave space and interment or for storage in pots or urns of the exhumed remains of natives of Hong Kong or other persons buried in this Colony in the various sections of the cemeteries:-

Section A-free; 50 cents for digging and filling in each grave. Section B-$1, and $1 for digging and filling in each grave.

Section C-$2, and $1 for digging and filling in each grave.

Section D-(1) for 4 square feet.. (2) for 15 square feet..

(3) for every additional 15 square feet up to

75 square feet

$ 5.00

$10.00

$10.00

20. The areas of the grave spaces in the various sections shall not grave spaces. exceed the following dimensions:-

Depth of grave.

Exemption

Section A.-7 feet long by 2 feet wide with 18 inches interspaces. Section B.-73 feet long by 2 feet wide with 18 inches interspaces. Section C.- -8 feet long by 3 feet wide with 18 inches interspaces. Section D.-75 square feet with 18 inches interspaces.

21. Each grave shall be dug to a depth of at least 5 feet with the exception of the graves of children under 10 years of age which need not exceed 4 feet in depth.

    22. The foregoing by-laws shall not apply to the Chinese Per- of Aberdeen manent Cemetery at Aberdeen.

Cemetery.

47

Conservancy.

1. The Council shall have the exclusive right to collect, remove Rights of and dispose of, or to delegate to others the right to collect, remove and Council with

                                   regard to dispose of, all excretal matter from latrines (other than water closets), excretal and all matter so collected shall be the property of the Council matter. who may sell or otherwise dispose of it.

2.-(1) The Council shall provide a departmental service or employ Removal contractors for the removal of excretal matter from the following of excretal buildings (where not fitted with water closets):-

(a) All buildings in the Hill District.

matter to be done by con- tractors or

(b) All Government buildings (including Government latrines) and by depart- all privately owned public latrines in the following districts:--

(i) The City of Victoria, Wong Nei Chong Village and Road (South of City Boundaries), Tai Hang Village, Sookunpoo Valley, Tung Lo Wan, Whitfield and Shaukiwan Road from City Boundary to Joint Cable Houses.

(ii) The Villages or districts of Shaukiwan, Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Shaukiwan Road (East of Joint Cable Houses), Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Aplichau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

ر؟

For the purpose of these by-laws the Council may determine the boundaries of any such village, district or portion.

(iii) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as conservancy contractors.

(3) The terms and conditions of conservancy contracts shall be settled by the Council subject to the approval of the Governor.

(4) In districts where a departmental service is provided the Urban Council shall have power to charge such fees for collecting excretal matter as it may with the consent of the Governor in Council from time to time determine.

mental service.

3. Every servant of a conservancy contractor shall, while at work, Servants of wear such distinguishing badge as shall from time to time be directed contractors by the Council.

to wear distinguish- ing badges.

excretal

4. The occupier of any premises which are situated within any Arrange- of the districts specified in by-law 2, or, if there be no occupier, the ments for owner or immediate landlord, shall, unless such premises are a Govern- removal of ment building or a privately owned public latrine, make due provision matter. for the daily removal of all excretal matter from such premises for delivery thereof to the servants of a conservancy contractor or to servants of the Sanitary Department appointed for the purpose, and shall not dispose of any such excretal matter in any other manner.

He shall also afford access to any servant of a conservancy con- tractor or of the Sanitary Department for the purpose of the removal of excretal matter from any part of the premises, and, if the open space appurtenant thereto is enclosed, the gate or door shall be opened for such purpose whenever required.

Provided that this by-law shall not apply to any building provided with water closets adequate for the disposal of the excreta of all the occupants of such building.

5.-(a) The occupier of every privately owned public latrine which Removal of is situated within any of the districts specified in by-law 2 shall provide excretal not less than one bucket per seat for the storage of excretal matter in matter from rough weather and for the removal of excretal matter.

                  Such buckets privately shall be of a pattern approved by the Council.

(b) The occupier of every such latrine shall allow the con- servancy contractor for that district or servants of the Sanitary Department to

such latrines, remove all excretal matter from and shall pay to such conservancy contractor, or, if a depart-

owned public latrines.

Br

jos

an

of pr

Li

Pl pl.

vi

M

re

be

N

Z850

CO

gr

E:

to

R

of

pr

ex

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of

F

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C

Conservancy boats.

Conveyance of excretal

matter re- stricted to times between

midnight

and 6 a.m.

Precautions

excretal matter.

48

mental service be provided, then to the Council, for the removal of the excretal matter from the latrine to Kwai Chung Bay at the rate of ten cents per picul of nightsoil (tai fo) and five cents per picul of urine (shui fo): Provided that it shall be lawful for the Council, when a departmental service is provided, to compound for a fixed monthly charge for such removal.

(c) The occupier of every such latrine shall make due provision for the reception of such excretal matter at the conservancy boats' anchorage in Kwai Chung Bay.

(d) No excretal matter shall be removed from any such latrine except by the conservancy contractor for that district or by servants of the Sanitary Department.

6. (a) All conservancy boats, that is to say, all vessels used for the conveyance of excretal matter whether in the employ of the contractors or privately owned, shall be registered annually at the offices of the Council and no vessel not so registered shall convey excretal matter.

(b) All such boats shall be completely decked and provided with closely fitting hatches and shall at all times be kept in a thorough state of repair and in a seaworthy and cleanly condition to the satis- faction of the Council.

(c) The decks of every such boat shall be washed down immedia- tely after the transhipment of any excretal matter.

(d) No such boat shall be loaded above the under side of the hatch coaming.

(e) No such boat shall enter the waters of the Colony except with its holds clean and its bilges pumped dry.

(f) Every such boat shall fly such distinguishing flag as shall from time to time be directed by the Council.

(g) No such boat shall, unless otherwise provided by the terms of the contracts for the time being in force, anchor or lie at any place within the waters of the Colony other than the conservancy boats' anchorage in Kwai Chung Bay.

7.-(1) No excretal matter shall be placed in or upon or conveyed along or across any street or open space situated within any of the districts specified in by-law 2 except between midnight and 6 a.m. and except in strong substantial buckets with closely fitting covers and of such a pattern as may from time to time be approved by the Council.

(2) Any person who conveys or causes to be conveyed along any in conveying street any excretal matter at any time except within the hours fixed by paragraph (1) of this by-law, or who at any time, whether within such hours or not, uses for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such excretal matter in the conveying thereof, or who does not carefully sweep and clean every place in which any excretal matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such excretal matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through any street or route other than such as shall from time to time be appointed for the purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second and subsequent offence to a fine not exceeding twenty-five dollars.

Excretal

matter not

to be deposited elsewhere

than in the con-

servancy boats.

8.-(a) No excretal matter shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, or any inlet thereto.

sewer

(b) No excretal matter removed from any premises situated within the districts specified in by-law 2 shall be emptied, discharged, deposited or placed in or conveyed to any place other than the conservancy boats provided for that purpose.

(c) No excretal matter shall be brought from any premises or place situated outside the districts specified in by-law 2 to any premises or place situated within the said districts.

49

boat Conservancy

9. Excretal matter which has been placed in a conservancy shall not be landed at any place within the Colony including New boats shall Kowloon but excluding the rest of the New Territories.

10. In the foregoing by-laws the term nightsoil and urine.

not land excretal matter in the Colony.

'excretal matter" includes Definition

11. Every person having the care or custody of any child under twelve years of age shall prevent such child from committing any nuisance in or by the side of any street or drain or any public place.

of excretal matter.

Duty of person in charge of children.

Dangerous and Offensive Trades.

for offensive trade.

1.--(1) It shall not be lawful to carry on any offensive trade in Licence any premises unless a licence has been issued by the Council, nor necessary unless a licence has been issued by the authority of the Governor in accordance with the terms of the Crown lease of the lot upon which such premises are situated, where such licence is required.

(2) Every licence shall expire on the 31st day of December and shall be for a period not exceeding one year.

(3) Where a licence is required under the Crown lease of the lot upon which the premises are situated, such licence will be indorsed on the licence issued by the Council, and signed by the officer duly authorised for that purpose.

fulfilled

2.-(1) Licences shall be issued only in respect of premises that Require- are substantially built, adequately lighted and ventilated to the satis- ments to be faction of the Council and drained in accordance with the provisions before a of the Buildings Ordinance, 1934, and the regulations made there- licence is under. The ground surfaces of such premises shall be paved with granted. good concrete laid down at least six inches thick and the surface thereof shall be rendered smooth and impervious with asphalt, cement or such other material as the Council may approve. The interior surfaces of all walls, which must be substantially built of brick or stone, as well as the surfaces of the brick or stone supports of the pans and other utensils, shall be rendered smooth and impervious to the height of at least seven feet from the floor level with asphalt, cement or such other material as the Council may approve.

(2) All such premises shall be provided to the satisfaction of the Council with proper and adequate urinal and privy accommodation for the use of the work-people employed therein.

3. Every licensee shall cause all materials which have been Storage of received upon the premises where his trade is carried on, and which materials. are not immediately required for use, to be stored in such manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom.

4. Every licensee shall cause the internal surface of every wall Premises upon the premises where his trade is carried on to be thoroughly to be cleansed, and, after being so cleansed, to be thoroughly washed with periodically hot limewash during the months of January and July of each year. limewashed..

or

cleansed and

clean up.

5. Every licensee shall, at the close of every day, cause all fat, Daily tallow, grease, refuse or filth which has been spilled or splashed, has fallen or been deposited, upon any floor, pavement, or wall upon the premises where his trade is carried on to be collected therefrom by scraping or some other effectual means of cleansing, and, unless it is intended to be subjected to further trade processes on the premises, forthwith removed from the premises. All apparatus must be kept in a cleanly and wholesome condition.

6. Every licensee shall cause every part of the internal surface of Walls and the walls and every floor or pavement upon the premises where his floors to be

                                       kept in trade is carried on to be kept at all times in good order and repair repair. so as to prevent the absorption therein of any liquid filth, or refuse,

or any noxious or injurious matter which may be splashed or may

£ 11

Care of

vapours and dust.

Persons

other than the care- takers and those

engaged in work not to

pass the

night on

the premises.

Partitioning

off of sleeping

accommoda- tion.

Require- ments with regard to drains.

Access to members of ,Council,

etc.

Restrictions

as to children.

Council may require the

measures.

50

7.-(1) Every licensee shall adopt the best practicable means of rendering innocuous all vapours or dust emitted during the process of manufacture upon the premises where his trade is carried on.

(2) He shall in every case where boiling is a necessary part of the process of manufacture either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or he shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus and then through a fire, in such a manner as effectually to consume the vapour or to deprive the same of all noxious or injurious properties.

8. No persons (other than two caretakers in respect of each block of buildings) shall be allowed to pass the night in any of the rooms used as work rooms unless actually engaged in carrying on works connected with the trade.

9. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

10. Every licensee shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. He shall, where it is in the opinion of the Council necessary so to do, provide the drains on his premises with the appliance known as a grease trap and shall not pass or permit to be passed any hot (i.e. exceeding 100° Fahr. in temperature) liquid refuse into the drains or

sewers.

11. Every licensee shall, at all times, afford free access to every part of the said premises to any member of the Council, Health Officer or Sanitary Inspector.

12. No person under the age of twelve years shall be permitted upon any premises used for the trade of rag-picking, rag-storing, hair- cleaning, feather-storing or feather-cleaning.

13. The Council may require the adoption of such special measures and appliances as may seem to them to be necessary in the case of adoption of dusty offensive trades for mitigating as far as possible the danger and special

nuisance arising from the dissemination of dust through the atmosphere of the premises, and in the case of the trade of rag-picking, rag-storing, hair-cleaning, feather-storing or feather-cleaning, for disinfection of the premises and the materials used for the destruction of vermin therein.

Provisions to be posted in premises.

Duty of occupier

with regard to offensive matter.

Lands and premises to be kept in such a state as not to

be a

nuisance.

14. The licensee shall cause a duly authenticated copy of these by-laws in English and Chinese to be hung up in a conspicuous position in his premises.

Domestic Cleanliness and Prevention of Disease.

1. No occupier of any house or premises shall keep or allow to be kept in any part of such house or premises for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or any noxious or offensive matter, so as to be a nuisance, or shall suffer such receptacle to be in a filthy or noxious state, or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

2. The occupier of any land or premises, and in the case of un- occupied land or premises the owner thereof, shall keep such land in such a state as not to be a nuisance, or offensive, or an annoyance to anyone living in the neighbourhood, and in such a state as not to cause or to be likely to cause danger or be prejudicial to health, and in parti- cular he shall:-

(a) prevent the accumulation anywhere therein or thereon of dead vegetable matter, refuse, manure or of any other noxious or unsightly

matter.

A

:

51

(b) keep down the growth of useless vegetation therein or thereon.

3. It shall be the duty of the occupier of any domestic building at Domestic all times to cause such building to be kept in a cleanly and wholesome sanitation condition and see that the drains, traps, gratings, fall-pipes and duties of sanitary fittings and appliances are kept free from obstruction and in occupier. an efficient state of repair.

4. Every domestic building, or part of such building, within the Domestic areas mentioned in this by-law which is occupied by members of more buildings than one family shall, unless specially exempted by the Council, to be

periodically be cleansed and lime-washed throughout by the owner, to the satis- cleansed and faction of the Council, not less than once in every year during limewashed. the periods mentioned below opposite such areas, and notice in writing that such cleansing and limewashing has been completed shall be sent by the owner to the Secretary within three days after the date of completion Provided that the provisions of this by-law shall not apply to domestic buildings within the Hill District or Mid-level Dis- trict nor to domestic buildings in Kowloon south of Austin Road except Canton and Haiphong Roads nor to such parts of domestic buildings as are used solely as shops, offices or godowns.

Area No. 1.-Island of Hong Kong.

That portion of the City of Victoria east and including Gilman Street and Peel Street and the villages or districts known as Wong Nei Chung, Tai Hang, Tung Lo Wan, Tsat Tsz Mui, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan as far as the Tin Hau Temple, Shaukiwan.

Area No. 2.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Gilman Street and Peel Street as far as and including Tank Lane and Cleverly Street.

Area No. 3.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Tank Lane and Cleverly Street.

Area No. 4.--Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon east of and including Nathan Road and its extension as far as the northern boundary of Kowloon, thence east of a straight line drawn due north to the northern boundary of New Kowloon.

Area No. 5.-Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon west of but excluding Nathan Road and its extension as far as the northern boundary of Kowloon, thence west of a straight line drawn due north to the northern boundary of New Kowloon.

Period during which cleansing and limewashing

is to be done.

October and November.

December and January.

February and March.

October and November.

December and January.

power to

cleanse and limewash.

5. In any case where, on receipt of the notice mentioned in Council's by-law 4 or on the expiry of the several periods set out in the said by-law, it appears to the Council that the provisions and requirements of the said by-law have not been completed to the satisfaction of the Council, the Council shall have full power after fourteen days notice to the owners given in writing to enter on the premises and thoroughly to cleanse and limewash the said premises, and the cost of such cleansing and limewashing shall be paid by the owner of such premises at a rate to be fixed from time to time by the Council and published in the Gazette.

any

6. The Council shall, if satisfied that

domestic building Council to is in a dirty condition, give notice to the owner or occupier to have issue notice such building, in respect of which the notice is given, thoroughly to owner or cleansed and limewashed within a period of one week from the date of occupier to receipt of such notice, and such owner or occupier shall cleanse and limewash limewash such premises in accordance with the requirements of such dirty notice.

cleanse and

domestic buildings.

..

Special periodical cleansing to prevent or mitigate disease.

Conduct of

special periodical cleansing

and com-

52

Prevention and Mitigation of Disease.

7. The Council may at any time with a view to the prevention or mitigation of any epidemic, endemic, contagious or infectious disease direct that a periodical cleansing shall be made of all the premises in any district or districts in which the Council may consider such cleans- ing necessary. Such periodical cleansing shall be carried out either by the staff of the Sanitary Department or by the inmates under the supervision of an officer of the Department to the satisfaction of a Health Officer or of such other officer as may be appointed for that purpose by the Council, and due notice of such cleansing shall be given to the inmates of such premises and such inmates may have all the furniture and goods removed therefrom.

All care shall be taken to prevent unnecessary interference with business, and, if the weather is unfavourable, the cleansing shall be discontinued or carried out in such a way as shall not expose the inmates and their effects and furniture to the weather.

8. The Council may declare any epidemic, endemic, contagious or infectious disease to exist in any district or districts, and may direct that in such district or districts or any portion thereof a special general cleansing and disinfection of the premises shall be carried out pensation for under the direction of any officer of the Sanitary Department and to damage. the satisfaction of a Health Officer. Such cleansing and disinfection may include the removal or destruction or both of any lath and plaster or other hollow partition wall, or any partition, screen, panelling, wainscotting, skirting, stairlining, ceiling or other similar structure, or any fittings or any portion of such wall, structure or fitting, if in the opinion of a Health Officer such removal and destruction are necessary. Compensation for such removal or destruction shall be given by the Council unless it is proved on behalf of the Council that the wall, structure or fitting removed or destroyed has been unlawfully erected or maintained. Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Council, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these by-laws. In any case in which the amount claimed for compensation exceeds two hundred and fifty dollars, an appeal shall lie from the decision of the Urban Council as to the amount of the compensation to the Governor in Council whose decision thereon shall be final and conclusive: Provided however that no such appeal shall lie unless notice thereof shall have been given to the Clerk of Councils within fourteen days from the date upon which the appellant shall have been notified by the Urban Council of any such decision as aforesaid.

Unauthorised partitions prohibited.

Ventilation

openings to be kept free from obstruction.

The Urban Council shall decide in each case whether the com- pensation, if any, is to be paid to the owner or to the occupier, and payment in accordance with the decision of the Urban Council shall bar any further claim to compensation by owner or occupier: Provided that nothing in these by-laws shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

The provisions of this by-law shall apply to the premises in any district in respect of which a special general cleansing and disinfection has been directed by the Council since the 1st day of January, 1934, or shall hereafter be directed.

The Maintenance of Adequate Lighting and Ventilation. 9.-(1) No owner or occupier of any building shall partition off, or allow to be partitioned off, by means of any structure either perman ent or temporary, any portion of any room in any domestic building without the approval of the Council expressed in writing.

(2) Plans of any proposed alterations shall be submitted to the Building Authority for comment before approval is given or work commenced.

10. The occupier of any domestic building shall at all times keep the windows and ventilating openings free from obstruction unless prevented by inclement weather or by the illness of any person occupy- ing such building.

}

53

Restrictions on Sale of Certain Food-stuffs.

11.-(a) No person shall sell or offer for sale any fresh fruit unless Sale of the same is whole, that is to say, uncut and unpeeled.

certain food-stuffs

occasions.

(b) Except under a permit in writing signed by the Chairman of prohibited the Conneil and by a Health Officer, no person shall sell or offer for on declared sale ice-cream, or any frozen or chilled preparation known as "ice- cream", or any non-acrated drinks in the preparation of which fruit juice or herbs (other than tea) are used, or the jellies known as Leung Fan (凉粉) and Man Tau Lo (饅頭蘿)

Provided that this by-law shall be in abeyance unless at any time the Urban Council, with the approval of the Governor in Council, determines and declares that an occasion exists which, for the preven- tion as far as possible of any epidemic, endemic, infectious or con- tagious disease, necessitates the same being brought into force, and thereupon and on the publication of such declaration in the Gazette. and so long as any such declaration shall subsist, this by-law shall be in force in the district or districts to which the same is or may be applied.

Latrine Accommodation.

1. Every pail latrine shall be in accordance with the following Construction requirements:-

of pail latrines.

(a) It shall be provided with its own pail which shall be of a pattern approved by the Council.

(b) The base of the compartment holding the pail and the walls of that compartment up to the squatting platform or seat and for a height of three feet above it shall be plastered with cement or other impervious material. All internal angles shall be half round in section.

(c) The pail must be so placed that all excreta shall fall directly into it, urine guards being provided for this purpose. The pail shall accurately fit the place provided for it and shall as far as possible occupy the whole of such space.

(d) The hole in the platform or seat shall not be more than one foot long and one foot broad.

(e) The pail compartment shall be arranged in such a manner as shall enable the pail to be readily removed and replaced and the floor and sides of the compartment to be easily cleansed.

2. Any person erecting temporary sheds for workmen shall provide such latrines and pails as may be required by the Council and shall such fees for removal of night-son as may be fixed by the Council.

pay

3. The Council may by notice require the owner or person having control of any latrine to alter, repair or remove it if considered to be defective, or to cleanse, whitewash or otherwise disinfect it at any time.

Sheds for workmen to be provided with latrines.

Council may order repair

or removal of latrine.

4. The occupier of any premises upon which any water closet or Proper urinal has been or hereafter shall be constructed, or, if there be no water supply

to be

occupier, the owner or immediate landlord, shall provide a constant provided for and adequate supply of water, stored in accordance with the Drainage water closet Regulations from time to time in force, for the flushing of every such or urinal. water closet and urinal and shall maintain every such water closet and urinal in a thoroughly efficient and cleanly condition.

Latrines (Public).

1. Every public latrine together with its fittings shall be kept at Public all times in a thorough state of repair.

latrines to be kept in repair.

2. Every public latrine shall be kept at all times in a cleanly Public condition.

latrines to be kept clean.

3. While open to the public, every latrine shall have at least one Attendant able-bodied adult attendant constantly on duty therein.

to be constantly on duty.

Seats,

floors, etc.,

to be

scrubbed

daily.

Walls to be

54

4. All the partitions, seats, floors and channels of every public latrine, as well as all utensils therein, shall be thoroughly scrubbed at least once every day.

    5. The whole of the interior walls of every public latrine shall be whitewashed limewashed and any fittings made of wood shall be tarred at least

once every month.

and wood

tarred monthly.

Fumigants to be kept burning.

Contents to

be covered

with

approved

mater al.

Excretal matter to be removed daily.

Latrines to be adequately lighted.

Latrines not to be used as dwellings.

6. Fumigants of such description as may be approved by the Council shall be kept burning in every latrine while it is open to the public.

7. The contents of soil pans in public latrines shall be kept covered with either earth, sawdust, opium-packing or such other suitable material as the Council may approve.

8. The excretal matter collected in public latrines shall be remov- ed therefrom daily by the public conservancy contractor, as provided by the terms and conditions of his contract, or if a departmental service is provided by the servants of the Sanitary Department.

9. Every latrine open to the public before sunrise or after sunset shall be at such times adequately lighted.

10. No building used as a public latrine shall be used as a dwelling.

Public

Laundries.

1. Every public laundry shall be registered at the office of the

Laundries Council.

to be

registered.

Laundries

2. Every public laundry shall be at all times open to inspection to be open to by any member of the Council or Health Officer or Sanitary Inspector. inspection.

Lighting,

ventilation

3. Every public laundry shall be adequately lit and ventilated to the satisfaction of the Council, and the ground surfaces shall and paving. be paved with a layer of not less than 6 inches of good lime-concrete, or not less than 3 inches of cement-concrete composed of one part of cement, 3 parts of sand, and 5 parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or such other material as the Council may approve.

Drainage

4. Every public laundry shall be so drained as to be in accordance with the requirements of the Buildings Ordinance, 1934, and all with require inlets to the drains shall be placed outside the building.

to comply

ments of

Buildings

Ordinance,

1934.

Require-

ments re cleansing.

Laundries

not to be used as dwellings.

Restriction

of dwellers

to two

caretakers.

5. Every public laundry shall be at all times kept in a cleanly condition and the inside surface of the walls thereof shall be lime- washed during the months of January and July of each year.

6. No portion of any laundry shall be occupied as a dwelling place or used for the purpose of cooking food.

7. No persons, other than two caretakers, may occupy any building or part of a building which is registered as a public laundry, between the hours of 11 p.m. and 5 a.m., unless such persons are actively engaged in carrying on the work of the laundry.

55

8.-(1) No person suffering from any skin disease, leprosy, tuber- Precautions culosis or infectious disense, shall enter, live, work, or be employed against on any premises used as a public laundry.

spread of skin diseases or

(2) The occurrence of any infectious or contagious disease on any infectious premises used as a public laundry shall immediately be reported to the diseases. Health Officer by the licensee.

(3) No public laundryman shall knowingly receive any article whatsoever from or belonging to or used by any person living in any house where there is an infectious or contagious disorder.

9.-(1) All utensils used in a public laundry shall be kept in a Sanitary clean and sanitary condition.

(2) No dogs, poultry or domestic animals shall be kept on the premises of a public laundry.

(3) No person shall sit, recline or sleep amongst the clothes in any public laundry or on any bench, table or cloth used for laundry work.

(4) No dirty or polluted water shall be used for laundry work.

(5) No person shall commit a nuisance in any public laundry.

(6) Separate rooms shall be used in every public laundry for:-

(a) the reception of dirty clothes.

(b) the storing of clean clothes.

require- ments.

10. (1) No person shall spit in any public laundry except into Spitting. spittoons provided for the purpose.

(2) The registered proprietor shall cause to be continuously dis- played, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(3) The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuous- ly in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Mosquito Prevention.

1. The occupier of any land or premises, and in the case of Action with unoccupied land or premises, the owner thereof shall keep such land regard to or premises in such a state as not to favour the existence or propagation mosquito of mosquitoes and in particular shall:-

(a) keep the said land or premises clear of empty tins or other disused or unused matter or receptacles capable of retaining water and prevent the accumulation of such matters or receptacles except in a place suitable for their disposal and in such a manner that they are not liable to retain water.

(b) prevent the formation anywhere therein of pools or of waste or stagnant water or sullage, and prevent the making of any excavation on the said land likely to retain water, without the previous permission of the Council in writing.

(c) keep clean any cistern, water-butt or other receptacle used for the storage of water, and keep the same covered or protected in such a manner as to prevent the breeding of mosquitoes therein.

nuisance.

Notice.

Scaffolding.

56

2. Whenever it appears to the Council that any land or any pond, tank, well, spring, scepage, drain, stream, water-logged ground or swamp, or other collection of water therein, is likely to be prejudicial or dangerous to health or a nuisance or offensive to health or favourable to the existence or propagation of mosquitoes, the Council may by notice in writing require the owner of the land to take, within a reasonable time to be specified in the notice, such action in regard to such land or pond, tank, well, spring, seepage, drain, stream, water- logged ground or swamp, or other collection of water thereon, as may in the opinion of the Council be necessary to prevent the land or water thereon being prejudicial or dangerous to health or a nuisance or offen- sive to health or favourable to the existence or propagation of mos- quitoes.

3. No bamboo or other scaffolding shall be erected or maintained in which there is any exposed cavity capable of retaining water.

Right of

Council in respect of refuse.

Sites for disposal

of refuse.

Scavenging

to be done depart- mentally or by contract.

Servants of con- tractors

to wear distinguish- ing badges.

Duties of

owners and occupiers

with regard to refuse.

Scavenging.

1. The Council shall have the exclusive right to collect and remove, or to delegate to others the right to collect and remove, all refuse, and all matter so collected shall be the property of the Council who may sell or otherwise dispose of it.

2. A site or sites may be provided by the Council on which refuse of any description shall be deposited and disposed of as the Council may direct.

3.--(1) The Council shall provide a departmental service or em- ploy contractors for the general surface scavenging of the following districts:

(a) The City of Victoria.

(b) The Hill District.

(c) The Villages or districts of Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Apli- chau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purposes of these by-laws the Council may determine the boundaries of any such village, district or portion.

(d) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as scavenging contractors.

4. Every servant of a scavenging contractor shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Council.

5.-(i) The occupier, or, if there be no occupier, the owner or the immediate landlord, of any house or premises situated within any of the districts specified in by-law 3 shall provide himself with a sufficient. number of strong substantial movable dust-bins or dust-cans, con- structed of impervious material and fitted with closely fitting covers. and of a pattern approved by the Council, and shall deposit therein from day to day all refuse which has accumulated in his house or premises. He shall also, at such a time or times as may be fixed and notified by the Council, place such dust-cans or dust-bins on the edge of the arcade or verandah or foot-path adjoining such premises, or, if the premises are situated in a garden or com- pound, at the entrance to such garden or compound, and shall not remove them or permit their removal until they have been emptied by the servants of the Sanitary Department or of a scavenging contractor.

He shall also give access to any authorised person for the purpose of scavenging and removing refuse from any part of such premises, and, if the open space appurtenant to such premises be enclosed, the door or gate shall be opened for such purpose whenever required.

!

57

(ii) The Council may in lieu of the procedure provided by para- graph (i) of this by-law require such owner, occupier or landlord of any such house or premises to empty such dust-cans or dust-bins at least once daily, at such time or times as the Council may appoint, into receptacles provided by the Council.

(iii) No person shall place any dust-can or dust-bin in the aforesaid positions or empty the contents thereof except at the times appointed.

for convey- ance of

6.-(1) The Council may from time to time fix the hours within Power of which only it shall be lawful to move any manure or decaying fish or Council to decaying rice or other offensive matter, and when the Council has fixed fix the hours such hours and given the public notice thereof, any person who moves or causes to be moved or conveyed along any street any such offensive offensive matter at any time except within the hours so fixed, or who at any matter time, whether such hours have been fixed by the Council or not, uses through the for any such purpose any cart, carriage or other receptacle or vessel streets. not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such offensive matter in the conveying thereof, or who does not carefully sweep and clean every place in which any offensive matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such offensive matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through or by any street or route other than such as may from time to time be appointed for that purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second or subsequent offence to a fine not exceeding twenty-five dollars.

(2)-(a) The hours within which only it shall be lawful so to Special convey or move pigwash shall be between midnight and 6 a.m., and provisions the pigwash shall be conveyed or moved in strong substantial buckets in respect with closely fitting covers and of such pattern as may from time to time of pigwash. be approved by the Council.

(b) No pigwash shall be conveyed in any boat or vessel except in such buckets as aforesaid or, if in bulk, in water-tight tarred holds with closely fitting hatches.

(c) All pigwash, if not placed in such a boat or vessel, must be conveyed direct to a licensed pigsty.

(d) No pigwash shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet

thereto.

(e) No pigwash shall after removal from any premises be emptied, discharged, deposited or placed in, or conveyed to, any place except a licensed pigsty.

7. No unauthorised person shall rake or grub in any dust-bin, dust-can or scavenging cart, or remove or scatter the contents thereof.

Interference with dust- bins by un- authorised persons prohibited.

8. No person shall throw or deposit or cause to be deposited any Dumping of corpse or carcase or any part thereof into any public street, public corpses or ground or open space, verandah, lane, thoroughfare, drain, river, canal carcases

prohibited. or water-course, or on the banks of any river, canal or water-course, or in the harbour.

9. No person shall throw or deposit, or permit his servants or Deposit of members of his household under his control to throw or deposit, any refuse in earth or materials of any description, or refuse or offensive matter of drains, etc., any kind, into or upon any street, sewer or drain, or upon any vacant prohibited. or unoccupied land.

10. All household refuse shall be regularly removed by the Council Duty of from every street on land held under lease from the Crown.

Council to

remove

refuse from

streets.

Tc

58

SCHEDULE B.

[s. 28 (7).]

FORMS.

URBAN COUNCIL OFFICE,

Hong Kong,

19.......

Notice is hereby given to you on behalf of the Urban Council that the nuisance specified hereunder is found to exist in your premises. No.....

   .and that you are, therefore, hereby required within..

from the time of the service upon you of the present notice to abate such nuisance in the manner hereunder set forth.

By order of the Urban Council,

Nature of nuisance

Secretary.

Action to be taken for the abatement of the nuisance..

Objects and Reasons.

1. In his report on the need for reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends that the Public Health and Buildings Ordinance (No. 1 of 1903) which deals with building construction, sanitation, infectious diseases control, food control, etc., etc., should be broken up into a number of Ordinances each dealing with its particular branch of the Public Health Complex.

2. This Ordinance contains all the provisions of No. 1 of 1903, together with certain provisions of other legislation, which it is considered suitable to group under sanitation.

3. A Table of Correspondence attached to the Ordinance shows the origin of the various sections.

September, 1934.

R. E. LINDsell,

Attorney General.

- 59

PUBLIC HEALTH (SANITATION) ORDINANCE, 1934.

TABLE OF CORRESPONDENCE.

In this table

A refers to Public Health and Buildings Ordinance, 1903.

B refers to Straits Settlements Municipal Ordinance.

C refers to Federated Malay States Sanitary Boards Enactment.

Sections are indicated by plain numbers; by-laws by numbers with symbol b, as 3b; rules by numbers with symbol r, as 3г.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1934.

Corresponding

provision of other enactment.

PART I.

(Preliminary).

1

Short title

Saving as to tenancy contracts

2

A5

3

A6

Interpretation:-

Author of nuisance

A6 (2)

6 (4)

Bake-house

6 (5)

Balcony

6 (5)

Basement

Building

Building Authority

6 (8) modi-

fied

6 (9) modi-

fied

6 (12)

Cattle

6 (38)

Cockloft

Colonial Veterinary Surgeon

6 (15A)

New

Council

B and C

Cubicle

A6 (21)

6 (22)

Dangerous trade

Domestic building

Eating-house

External air

Factory

Floor

Food

Health Officer

6 (23A)

6 (26)

Factories, etc.

Ordinance, 1932

A6 (29)

6 (30) am-

plified

New

60

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1934.

Corresponding

provision of other enactment.

Hill District

Householder

Latrine

Latrine accommodation

Pail latrine

Water closet

Mid-level District

A6 (32) ("ex- cept Chinese

villages" omit- ted.)

6 (33)

6 (35) ampli-

fied

P.H.A. (A)

A. 1907, defini- tion of closet ac- commodation.

P.H.A. (A) A. 1907 defini- tion of pail closet.

P.H.A. (A) A. 1907 defini- tion of water closet.

New, same as in Blgs.

Bill.

A6 (42)

Occupier

6 (43)

Offensive trade

6 (44)

Owner

6 (47)

Person

6 (48)

Premises

6 (49)

Public building

8 (50)

Public latrine

New

Refuse

Room

Secretary

Storey

Street

Tenant

Tenement

Tenement house

Working class tenement house

A6 (51) modi-

fied

6 (52)

6 (53) modi-

fied

6 (54) ampli-

6 (55)

fied

New

A6 (56)

New

1

1

1

!

!

61

Table of Correspondence,-Continued.

Marginal Notes.

Urban District

Verandah

Public Health (Sanitation) Ordinance,

1934.

Corresponding

provision of other enactment.

A6 (57) ampli-

fied

6 (58)

Vessel

Window

Works

Workshop

6 (59)

6 (60A)

6 (61)

A6 (62)

Matters with regard to which the

4

A16. Control of

Urban Council has power to make by-laws

well, etc.,

water added

in (xi).

By-laws subject to approval of

Legislative Council

5 (1)

A17

By-laws in Schedule A validated

5 (2)

PART II.

(Sanitary Staff-establishment,

powers and duties).

Establishment of Sanitary staff

6

New

Position of D.M.S.S.

7

New

Power of entry to search for infec-

tious disease

8

A21

Additional powers of entry for Health

Officers

9

A 22

Special authority to inspect for over-

crowding

10

A24

Authority necessary for opening

ground surface

11

Alb (Entry

and Inspection

of buildings.)

Secretary to furnish authority grant-

12

A2b (Entry

ing special power of entry to inspect for overcrowding

and Inspection

of buildings.)

Entry between midnight and 6 a.m. prohibited except under special permit

13

A3b (Entry

and Inspection

of buildings.)

Power of Magistrate to authorise

14

A264A

officer

to

enter and inspect

premises

Means of access to buildings from

15

scavenging lanes

Power of arrest

16

A181 (2) s.s. (2) is new.

New-

See C.S.O. 2/4301/32

62

Table of Correspondence,-Continued.

Marginal Notes.

PART III.

(Sanitary Provisions).

Nuisances

Power of Health Officer to inspect

Public Health (Sanitation) Ordinance, 1934.

Corresponding

provision of other enactment.

17

A26 with

additions

17 (3) "over- crowded" added 17 (8) New.

17 (13) to (18) are new but have counter- parts in S.S. and F.M.S. by-laws.

17 (19) "black" omitted before

"smoke" to

B238 (i)

modified

conform with

English legis-

lation.

A26 (12)

premises where existence nuisance presumed

of

18

A27

Penalty for refusing admittance

19

A28

Action where mosquito larvae found

on premises

20

Alb

(Pre-

vention of dis-

semination of

disease by mos- quitoes.)

Council may serve notice requiring

abatement of nuisance

21 (1) & (2)

A29

(3)

New

Council may serve notice directing

compliance with by-laws

22

A30

1

Council may review notice

23

A31

On non-compliance with notice com-

plaint to be made before magistrate

a

24

A32

Power of magistrate to make an order

dealing with a nuisance

25

A33

Order prohibiting use, etc., of build-

ing unfit for human habitation

26

A34

Penalty for contravening order of Magistrate or for defacing any copy of such order

27

A35

Competent authority re nuisances

28

A230

Form of nuisance notice

28 (7)

A36

63

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitat. n) Ordinance,

1934.

Corresponding

provision of other enactinent.

Wells not to be sunk or recpened

without permission of the Council and B.A. cf. s. 114 Buildings

Bill

29 (1)

A213

(redrafted)

Construction of wells

29 (2)

A213

Excavation allowing stagnant water

30

A214

Closing of insanitary wells

31

A215

Obstruction in open spaces prohibited

32 (1)

A175 (3)

Prohibition of partitions, cf. s. 58 of

Buildings Bill

Rooms to be properly lighted

883

82 (2)

A139

33

A153

Governor in Council on representation

of the U.C. may order demolition] of storeys, provision of additional windows, and other works in

certain cases, subject to com- pensation

34

A154A

Obstruction of windows prohibited

35

A155

Conditions under which cubicles may

be erected and maintained

36

A154

Closure of premises containing un-

authorised cubicles and parti- tions by order of Magistrate

37

A263

Magistrate may order demolition and removal of cubicles, partitions, etc., which do not comply with provisions of the Ordinance

38

A264

Inadequate provision of latrine ac-

commodation to be dealt with by the Council

39

A165

Latrines not to be connected directly

with drains

40

A159

Daily cleansing of pail latrines

41

164 (last

Water closets and water flushed

urinals

42

42 (2)

42 (5) & (8)

two lines)

A162 (as amended)

redrafted.

'Colonial Secre-

tary" omitted.

Measurement of buildings as first

step towards prevention of over- crowding

43

Ab (over

crowding)

Calculation of cubic space

44

A49 & 50

(combined)

Limit of accommodation

45

A46

Lessor responsible for overcrowding

46

A47

64

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance,

1934.

Corresponding

provision of other enactment.

Steps to be taken to abate over-

crowding

47

A48

Limits of fittings for sleeping ac-

commodation

48

A51

Kitchen not to be used as sleeping

room

49

A49

Basements not to be occupied with-

out permission

50

A45

Sanction of Council necessary for

erection of public latrines

51

A166

Council may apply to Government for additional public latrines

52

A167

Notification

of intention to erect

public latrine

53

A168

Objection to erection of public latrine

54

A169

Resolution of Legislative Council

where objection is made

55

A170

No injunction to be granted or suit

to be brought in certain cases

56

A171

Existing public latrines protected

from injunction

57

A172

Council to control public latrines

58

A173

Saving of existing rights

59

A174

LAUNDRIES

Council

may restrict washing of clothes by washermen to public

laundries.

60

A41

MAINTENANCE OF SANITARY

CONDITIONS IN FACTORIES

Nuisances in factories or workshops.

61

A43

Proper latrine accommodation to be

provided

62

A163

Maintenance of cleanliness

63

English Fac-

tories and

Workshops Act, Section 1.

Limewashing

64

Do. Section 1 (3).

Avoidance of effluvia

65

Do. Section 1 (2).

65

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance,

1934.

Corresponding

provision of other enactment.

Accommodation according to air-

66

space

Do. Section 3.

Number of occupants to be posted.

67

Maintenance of ventilation

88

68

Do.

Section 7.

DANGEROUS, UNHEALTHY AND OFFENSIVE TRADES

Special permission of Council neces- sary before any dangerous or offensive trade can be established

69

A42

Council may prohibit domestic oc-

cupation of dangerous trade i building

70

A44

KEEPING OF CATTLE, SWINE,

etc.

Licences required for keeping cattle,

swine, sheep or goats

71

A52

Prevention of suffering

72

A53

66

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance, 1934

Corresponding

provision of other enactinent.

PART IV.

(Disposal of the Dead).

Governor in Council may authorise

use of places for cemeteries and Urban Council may set apart portions for urn cemeteries

Authorized cemeteries

Closed cemeteries

73

A90

Penalty for burial outside a cemetery

74

A91

Exhumation and removal of remains, except by permit, prohibited

75 (1)

A92 (1)

Persons to whom permits may

be issued

Authorities for issuing permits

Board may grant permits to managers of cemeteries

Governor may grant permits

Permitting authority may pre-

scribe conditions

Permit where grave held under

Crown Lease

Power of Governor to remove

any body or remains

""

(2)

(2)

(3)

""

(3)

""

(4)

""

(4)

(5)

11

(5)

(6)

>>

(6)

""

(7)

(7)

""

(8)

(8)

Six months notice required

(9)

(9)

Duty of Secretary for Chinese

Affairs

Fitting and proper arrangement to be made for reburials

Power of Chairman of Council to dispose of body buried with- out permission

Removal of grave or urn

Abatement of urn nuisance

(10)

(10)

13

, (11)

(11)

19

(12)

,, (12)

,, (13)

, (13)

""

(14)

New

Records to be kept at office of

Council

Powers of magistrate

(15)

A92 (14)

(16)

,, (15)

$

67

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1934

PART V.

Corresponding

provision of other enactment.

(General).

Service of notices, summonses or

orders

76

A235

Penalty for contraventions

77

A255

Recovery of penalties

78

A256

Penalty for building nuisance

79

A257

Penalty for refusing to obey Magis-

trate's order for obstructing Health Officer

Penalty for other contraventions.

88888

80

A258

81

A259

Liability of secretary or manager of

company

82

A261

Proceedings against several persons

83

A262

Appeal to Governor in Council against

decision of any person entrusted with power under this Ordinance

84

A265

Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law

85

A265A

Order of Governor in Council enforced

by the Court

86

A265B

Reimbursement of expenses to the

Council

87

A93

Recovery of expenses by the Council

under Ordinance No. 6 of 1875

88

A94

Granting of certificates by Council

89

A95

Obstruction of streets prohibited

90

A185

Submission of claim

Appointment of arbitrators.

91

A251

92

A252

Principles on which compensation to

be based

93

A253

Vacancies among arbitrators

94

A254

68

Table of Correspondence,-Continued.

Marginal Notes.

Public Health |

(Sanitation) Ordinance,

Corresponding

provision of other enactment.

1934.

MISCELLANEOUS

Breach of condition of modification or

exemption

95

A265C

Registration of modification and can-

cellation thereof

96

A265D

Limitation of personal liability of

members of the Council, Build- ing Authority and others

97

A269

Protection of persons acting under

the Ordinance.

(Ordinance No.

31 of 1911, s. 48).

98

A270

Application of Ordinance to New

Territories, etc.

99

A267

(simplified)

Saving of certificates, etc. granted

under Ordinances repealed

100

A268

Commencement

101

New

:

:

69

TABLE SHOWING THE SOURCE OF THE BY-LAWS IN THE SCHEDULE OF THE SANITATION BILL.

By-law No.

Source.

Basements.

Remarks.

1.

A. 1b (Basements)

2.

A. 2b

Paragraphs (ii) (iii) and (iv) omitted.

"Clear of any obstruction to the

light" for "glazed".

"or that such basement-to the back

wall" omitted.

A.

Cattle, Swine, etc.

A. 1b (Cattle-sheds,

etc.)

2.

A. 2b

3.

A. 3b

4.

A. 4b

"nett area" deleted.

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

9.

A. 9b

10.

A. 10b

11.

A. 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 57

All after "such animals" in line 3

omitted.

Redrafted.

Now made applicable to all ceme-

teries.

Cemeteries.

1.

A. 1b (Cemeteries)

2.

A. 2b

3.

A. 3b

4.

A. 4b

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

"or an order of a magistrate" added

cf. s. 75 (16) of Bill.

By-law No.

Source.

70

Remarks.

9.

A. 9b

10.

| A. 10b

1

11.

A 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 15b

16.

A. 16b

17.

A. 17b

7

18..

A. 18b

"Except on an order of a magistrate"

added.

19.

A. 19b

20.

A. 20b

21.

New-a necessary addition.

22.

A. 21b

Conservancy.

1.

C. 190b

2.

A. 1(2)b

3.

A. 2b

4.

A. 3(1) & C. 187b

5.

A. 3(2)b

6.

A. 4, 5, 6 & 7b

7.

A. 11b and C. 183b

8.

A. 13b

g.

A. 14b

10.

A. 15b

11.

C. 184b

Dangerous, etc., Trades.

1.

A. 2b and 3b

2.

A. 4b

3.

A. 5b

4.

A. 6b

5.

A. 7b

6.

A. 8b

By-law No.

7.

A. 9b

8.

A. 10b

9.

Source.

71

Remarks.

New-included

of resolution on

Board of 9.10.34.

10.

A. 11b

11.

A. 12b

12.

A. 13b

13.

A. 14b

14.

A. 15b

Domestic Cleanliness and Prevention of Disease.

1.

C. 194 (ii)b

2.

C. 192(a)b

3.

A. 1b (Domestic

Cleanliness)

4.

A. 3b (Domestic

Cleanliness)

5.

A. 4b (Domestic

Cleanliness)

6.

A. 2b (Domestic

Cleanliness)

7.

A. 1b (Prevention

etc. of Disease)

8. A. 2b (Prevention

g.

etc. of Disease)

C. 37b

10.

A. 1b (Domestic

Cleanliness)

last clause only.

11.

A. 9b (Prevention

of Disease)

Latrine Accommodation.

1.

B. 191b

2.

C. 188b

3.

C. 78b

4.

A. 10b (Scavenging,

etc.)

Latrines (Public).

1.

A. 1b (Latrines)

2.

A. 2b

-

By-law

No.

Source.

3.

A. 3b

4.

A. 4b

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

9.

A. 9b

10.

A. 10b

72

Remarks.

Amplified to cover possibility of

departmental service.

Laundries.

1.

A. 1b (Laundries)

2.

A. 6b

3.

A. 2b

4.

A. 3b

5.

A. 4b

6.

C. 154b

7.

A. 5b

8.

C. 155b

g.

10.

C. 156b

A. 1A, 1B and 1Cb Combined.

Mosquito Prevention.

1.

C. 192b

2.

A. 1b (Prevention of

dissemination of disease by mos-

quitoes).

3.

A. 2b

"

Scavenging.

1.

C. 190b

2.

C. 191b

3.

A. 1(1)b (Scaveng-

ing, etc.)

4.

A. 2b

5.

A. 8b with C. 179,

180, 181 and 182b.

The provision re giving access is new

By-law No.

Source.

6.

C. 189b and A. 11

and 12 (Scaveng-

ing, etc.)

7.

B. 3b

8.

B. 7b

9.

C. 177b

10.

A. 186

73

Remarks.

A substantive provision of the old

law.

74

Notes on new Sanitation Bill as redrafted according to His Excellency's instructions and on further suggestions made by the D.M.S.S. and H.S.D.

Section.

New.

Old.

3

3

Operation of interpretation extended to

by-laws.

"Balcony"-"a" for "the" in 2nd line.

as in Buildings Bill.

"Building"-"water closet, urinal" de-

leted as included in "latrine". "piling" added as in Buildings Bill.

"Building Authority" redrafted; former definition was meaningless in this Ordinance.

"Common Lodging House" omitted to be dealt with under the Boarding House Ordinance, 1917.

"Bake-house", "Dairy", "Dairyman"

"

"Drug", "Eating-house" and "Food" all omitted-not mentioned. in this Bill.

"External air" slightly modified as in

Buildings Bill.

"Health Officer"-C.V.S. included.

"Hill District" "except Chinese

villages" deleted.

"Keeper of Common Lodging House'

omitted.

"Latrine"-"and urinal" added as in

Buildings Bill.

"Public Building"-"or Air Force"

inserted.

"Refuse"--added.

"Room" and "Storey" redrafted to con- form with definitions in Buildings Bill.

"Urban District"--"the Town of"

omitted before Kowloon.

"Vessel""Motor"

added

after

"steam".

Section.

75

New.

Old.

4

4

5

6 & 7

11, 12 & 13

16

LO

5

6 & 7

11, 12 & 13

17

16

17-18

(xi) Last four lines from "and of all water" added (v. C.S.O. 5423/29).

(xiv) redrafted for clarity.

(xvi) and (xix)-redrafted to conform

with by-laws.

(xviii) first two lines re common lodging

houses, etc., omitted.

(xxi) amplified.

(xxiv) "exhumations' inserted.

s.s. (2) added to validate by-laws.

redrafted on suggestion of D.M.S.S.

are the "Entry and Inspection of Build- ings" by-laws (Ordinances of Hong Kong, p. 1582), but seem better placed in the body of this Bill.

New gives limited power of arrest to Sanitary Department officers. See C.S.O. 2/4301/32.

Table of Correspondence amplified.

transferred as Domestic Cleanliness by-

laws to Schedule.

19

transferred

20

22

21

23

31

29

32

as Mosquito Prevention by- laws to Schedule.

a by-law to P.H. and B.O. 1903, but retained here as a substantive pro- vision which is unlikely to be varied.

new s.s. (3) inserted on suggestion of

H.S.D. approved by D.M.S.S.

deleted-service being fully provided for

in (new) s. 76.

s.s. (1) redrafted as directed.

All wells other than flushing wells sub- jected to control of Urban Council and Building Authority. By s. 114 of the Buildings Bill flushing wells are subjected to control of Building Authority alone.

Section.

76

New.

Old.

35-40

32

41

33

42

36

45

38

47

50, 52, 53, 54

42

55

43

56

49

62

50

63

1

1

1

1

66-80

81-97

107-116

117-128

130-138

Transferred as Domestic Cleanliness by-

laws to Schedule.

s.s. (2) added as directed to cover main- tenance of partitions-cf. s. 63 of the Buildings Bill.

Redrafted to correspond with s. 77 of

the Buildings Bill.

-"Clear of any obstruction to the light"

for "glazed" as in Buildings Bill.

"by any officer deputed by the Council"

added after "portion thereof" in the 7th line, as instructed.

transferred as Latrine By-laws to

Schedule.

s.s. (2) redrafted. New s.s. (3) inserted on agreement of H.S.D. and D.M.S.S. and s.s. (4) (old (3)) amplified accordingly. "Colonial Secretary" cut out of s.s. (5) and S.S. (8).

-the solitary "over-crowding" by-law under the Public Health and Build- ings Ordinance, 1903-it seems better retained here as s. 44 flows naturally from it.

s.s. (2) added as desired by H.S.D. and

Board.

"or for the preparation or storage of

food" deleted from 4th-5th lines- "and drained" added in 5th line- as requested by D.M.S.S.

transferred as Scavenging by-laws to

Schedule.

transfererd as Conservancy by-laws to

Schedule.

transferred as Latrines (Public) by-laws

to Schedule.

omitted--provisions transferred to Board- ing House Amendment Bill (Schedule).

transferred

as Laundry by-laws to. Schedule.

!

Section.

77

New.

61, 62

1

1

Old.

139, 140

149-161

164-178

73

179

75

181

182-202

76

203

80

207

217

91

219

99

227

100

228

General.

"factory or (and) workshop" substituted for list of industries in each-thus conforming with following sections.

transferred as Dangerous, etc., Trades

by-laws to Schedule.

transferred as Cattle, etc., by-laws to

Schedule.

-recently authorised cemeteries included.

new s.s. (14) inserted on suggestion of

II.S.D. approved by D.M.S.S.

transferred as Cemetery by-laws to

Schedule.

"or if no address in the Colony of the person to be served is known" added in line 8.

redrafted-"Sanitary Department" for

"Council".

deleted obstruction of officers being

covered by new s. 80.

s.s. (2) omitted as out of place here.

"and to such extent as" inserted in 3rd

line.

added s. 268 of P.H. and B.O.

=

deleted as meaningless and repugnant to

previous section.

"Urban" has been deleted before Council wherever it appears unless Governor in Council appears in same section.

Various minor amendments of wording and punctuation have also been made.

By-laws.

Basements.

ss. 64-5 of former draft Bill=P.H. and B.O. by-laws.

By-law 1 "clear of any obstruction to the light" substituted for "glazed". (ii), (iii) and (iv) omitted on suggestion of D.M.S.S. as unnecessary. cf. s. 50 of the new Bill.

By-law 2 or that such basement-back wall" omitted at

request of D.M.S.S.

78

Cemeteries.

=ss. 182-202 of former draft Bill P.H. and B.O. Cemetery

by-laws.

By-law 1 is general.

By-laws 2-12 are old ss. 183-192-covering non-Chinese

cemeteries.

By-laws 13-20 and 22 are old ss. 193-202 covering Chinese

cemeteries.

In by-laws 8 and 18 "order of a magistrate" has been added

-cf. s. 75 (16).

By-law 21 has been added as necessary also in case of Chinese

cemeteries (cf. by-law 4).

One or two verbal corrections have been made.

Conservancy.

=s. 81-97 of former draft Bill-P.H. and B.O. and other Conservancy by-laws, with some omissions and additions. and considerable amendment. The provisions that appeared in the former draft have been remodelled (with approval of D.M.S.S. and H.S.D.), in order to get rid of the serious overlapping and repugnancy between the old and the new as introduced by the D.M S.S. from Malaya, and also to provide for the possibility of the institution of a general Conservancy service managed by the Sanitary Department.

Cattle, Swine, etc.

s. 164 f. of former draft Bill-P.H. and B.O. "Cattle-

sheds" etc. by-laws.

No. 4-"nett area" deleted.

No. 8-all after "such animals" in line 3 omitted as desired

by C.V.S.

No. 15-redrafted at suggestion of C.V.S.-derived from s. 57 of the P.H. and B.O. but is better placed among these by-laws.

Dangerous, Unhealthy and Offensive Trades.

s. 149 f. of former draft-P.H. and B.O. Dangerous Trades by-laws (with one small omission-by-law 2). By-law 9 is new-being based on a resolution of the Sanitary Board dated 9.10.34.

Domestic Cleanliness and Prevention of Disease.

=s. 35 f. of former draft Bill.

Nos. 1 and 2 of the P.H. and B.O. by-laws for the prevention and mitigation of disease (by special house cleansing) have been inserted as requested by the D.M.S.S.

i

79

They were formerly overlooked, but now appear under the subsidiary heading of "prevention and mitigation of disease".

No. 9 of the same by-laws, as passed in 1926 (paras (a) (b) and (c)) and in 1932 (paras (d) and (e)) was also previously omitted and has been added under the heading "Restrictions on sale of food-stuffs".

Latrine Accommodation.

=ss. 50, 52, 53 and 54 of old draft.

Latrines (Public).

=s. 107 f. of old draft=P.H. and B.O. Latrine by-laws

1-10.

By-law 8 amplified to cover possibility of a departmental

service.

Laundries.

s. 130 f. of old draft Bill (=P.H. and B.O. and other

Laundry by-laws) amplified.

By-law 10 has been added-the usual anti-spitting provisions

(G.N. 211 of 1932).

Mosquito Prevention.

By-law 1 s. 19 (1) of old draft F.M.S. by-law.

By-laws 2 (former s. 19 (2)) and 3=P.H. and B.O. Prevention of dissemination of disease by mosquitoes by-laws 1 and 2. (By-law 3 was not included in former draft but see G.N. 304 of 1924).

Scavenging.

=s. 66 f. of former draft.

These provisions have been dealt with in the same way as

the Conservancy by-laws (v. supra).

By-law 10 contains the provisions of s. 186 of the P.H. and B.O. but seems better placed among these by-laws.

Short title.

Interpreta- tion.

80

[No. 40/32:―31.10.34.-13.]

A BILL

INTITULED

An Ordinance to make better provision for the maintenance

of Public Health in relation to Food.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Public Health (Food) Ordinance, 1934.

2. In this Ordinance,-

"Bake-house" means any premises on which bread, biscuits or confectionery are baked for sale as food for man and includes any premises on which such food is prepared for baking or on which the materials for the preparation of such food are stored.

"Colonial Veterinary Surgeon" includes any Veterinary Surgeon authorised by the Governor to perform the duties of a Colonial Veterinary Surgeon under this Ordinance and also any Assistant Veterinary Surgeon.

"Council" means the Urban Council, unless some cther Council is indicated.

"Dairy" includes any farm-house, cowshed, milk- store or other place from which milk is supplied or in which milk is kept for purposes of manufacture or sale.

"Dairyman" includes any keeper of cows or buffaloes for the purpose of trade in milk, or purveyor of milk, or seller of milk, or occupier of a dairy, and includes the employees thereof engaged in the production, distribution or sale of milk, and in cases where a dairy is owned by a corpora- tion or company includes the secretary or other person actually managing such dairy.

"Eating-house' means a building or portion thereof used as an cating house, coffee house or other similar establish- ment (where no intoxicating liquors are sold on the premises).

"Food" includes every article or substance used for food or drink, other than drugs, and also every living thing capable of being consumed as food.

"Food Officer" means any person appointed by the Council on the recommendation of the Director of Medical and Sanitary Services for the purposes of this Ordinance.

"Food Factory" means a place where food is prepared for sale and includes bake-houses, food preserving establish- ments and aerated water manufactories.

"Health Officer" includes the Director of Medical and Sanitary Services, any medical officer appointed as a Health Officer by the Governor, and any officer for the time being performing the duties of a Health Officer.

81

"Market" means any place, other than a shop, which is ordinarily used for the sale of food, and includes all land and premises in any way used in conjunction therewith or appurten- ant thereto.

"Milk Shop" means any premises on which fresh milk is sold by retail.

"Restaurant" means a building or portion thereof used as an hotel, eating house, coffee house or other similar establishment and having a licence for the sale of intoxicating liquors.

"Technical services" include inspections,

            inspections, examina- tions, taking of samples, seizures, prosecutions and all other duties of a supervisory nature carried out by Colonial Veterinary Surgeons, Sanitary Inspectors and Food Officers under the powers conferred by this Ordinance and the by-laws made thereunder.

"Sale" or "Sell" includes barter and also includes offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending or delivering for sale or causing or allowing to be sold, offered or exposed for sale, and refers only to sale for human consumption or use.

possession

3. No person shall sell or expose for sale, or bring into Sale and the Colony or into any market, or have in his possession of unwhole- without reasonable excuse, any food for man in a tainted, some food. diseased or unwholesome state, or which is unfit for food for

man.

and seizure

4.(1) Any Food Officer may at all reasonable times Inspection enter into and inspect any place where he has reason to believe of unwhole- there is any food for man intended for sale, or where he has some food reason to believe there is any food for man in a tainted, diseased or unwholesome state, or which is unfit for food for man.

(2) Any Food Officer may mark, seal or

mark, seal or otherwise secure, weigh, count or measure any food, the sale, pre- paration or manufacture of which is, or appears to be, contrary to the provisions of this Ordinance or the by-laws made thereunder.

(3) Any Food Officer or any officer of the Sanitary Department or police officer may inspect any food for man which he may find in any highway, street, road, pier, wharf, waterway, railway or vessel which he has reason to believe to be in a tainted, diseased or unwholesome state, or unfit for food for man.

(4) Any such officer may seize any food which is, or appears to be, held in contravention of section 3; and, if authorised so to do in writing by the Director of Medical and Sanitary Services, may destroy it or so dispose of it as to prevent it from being used as food for man.

(5) Any person claiming anything seized under this section may, within forty-eight hours after such seizure. complain to a magistrate, who may either confirm or disallow such seizure wholly or in part, and may order the article seized the restored

(6) If within forty-eight hours after such seizure no complaint has been made or if such seizure is condensed, the article seized shall become the property of the Governmenti and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

Matters

with regard to which

the Council

has power to make by-laws.

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5. It shall be lawful for the Council to make by-laws in respect of any of the following matters :--

(1) The establishment, regulation and sanitary mainten- ance of slaughter-houses, including the slaughter of cattle, swine, sheep and goats therein, the removal of their carcases therefrom, the conveyance of the same through the streets or otherwise, and such other matters and things in relation to the management of slaughter-houses as may be deemed advisable.

(2) The establishment, regulation and sanitary mainten- ance of markets and the fixing of fees to be charged in con- nection therewith, the control of the sale of food therein, and the removal of the same thereto and therefrom, and such other matters or things in relation to the management of markets as the Council may deem advisable.

(3) The control by licensing or otherwise of persons selling any article of food.

(4) Tic prohibition of the sale within a certain radius from a market of articles of any kind sold in such market.

(5) The establishment and the regulation and control by registration, licensing or otherwise of dairies and milk shops.

(6) The regulation and control by registration, licensing or otherwise of food factories and places in which human food or drink is sold or prepared or stored for sale, and of the sale of water, non-alcoholic beverages, fresh provisions and milk.

(7) The regulation and control by registration, licensing or otherwise of street stalls where food is sold or prepared for sale.

(8) The regulation and control by registration, licensing or otherwise of persons hawking any kind of commodity other than cigars, cigarettes and tobacco.

(9) The regulation, inspection and licensing of eating- houses, restaurants and hotels.

(10) The seizure and disposal of unwholesome food, and the prevention of the manufacture or sale of unsound food.

(11) The prohibition of the addition of any specified thing or of more than the specified quantity or proportion thereof to any food.

(12) The prohibition of any modes of manufacture, pre- paration or preservation of any food.

(13) Securing the cleanliness and freedom from con- tamination of any food in the course of its manufacture, preparation, storage, packing, carriage, delivery or exposure for sale, and the cleanliness of places, receptacles, appliances and vehicles used in such manufacture, preparation, storage, packing, carriage or delivery.

(14) The control, including the prohibition, of the importation of food from the New Territories and from places outside the Colony.

(15) Generally for carrying out the provisions of this Ordinance.

1

83

of by-laws in

6. The by-laws in the Schedule shall be deemed to have Enactment been made under this Ordinance and shall be in force except Schedule. as they may be rescinded, suspended, amended or added to by by-laws made by the Council under section 5.

subject to

7. All by-laws made by the Urban Council shall be sub- By-laws mitted to the Governor, and shall be subject to the approval of the Legislative Council.

approval of Legislative Council.

8.-(1) Every person who contravenes any of the provi- Penalties. sions of this Ordinance or of any by-law made thereunder shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, as well as to suffer any forfeiture that may be prescribed therein.

(2) Any licence issued under any by-law made under this Ordinance shall be liable to cancellation by the Council on the breach of any by-law to which the holder of such licence is subject.

services.

9. The execution of the various technical services Direction prescribed by this Ordinance and the by-laws made thereunder of technical shall be carried out under the general direction of the Director of Medical and Sanitary Services.

10. No matter or thing done by the Council or by any Limitation member or officer of the Council or by any person whatsoever of liability. acting under the direction of the Council shall, if it was done bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever : Provided that nothing herein con- tained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Ordinances

11. Nothing in this Ordinance or in the by-laws in the Certificates Schedule thereof shall be deemed in any way to derogate granted under from or lessen the validity or effect of any licence, certificate repealed or written permission of the Sanitary Board granted before preserved. the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate or written permission: Provided that any such licence shall be liable to cancellation in the same circumstances as any licence issued under any by-law made under this Ordinance.

12. The Miscellaneous Licences Ordinance, 1933, is Amendment amended as follows:-

(a) by the addition of the words "of tobacco, cigars or cigarettes" after the word "Hawker" in the First Schedule thereof;

(b) by the deletion of that part of the Table in Part I of the Second Schedule thereof which refers to Hawkers and Massage establishments and by the substitution of the follow- ing:-

Hawker of tobacco,

cigars or cigarettes...Annual $ 8...Superintendent of

Imports and Exports.

Massage establishment...Annual $25...Inspector General

of Ordin- ance No. 25 of 1933.

of Police

Commence- ment.

84

(c) by the rescission of the regulations contained in Part III of the Second Schedule thereof.

13. This Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the date of commencement of this Ordinance.

SCHEDULE.

BY-LAWS.

[s. 6.]

Dairies and Milk Shops.

1. In these by-laws-Milk includes cream and skimmed and separated milk, but does not include imported preserved milk.

"Disease" means any disease of an infectious or contagious nature, and includes, in the ease of cattle, any disease of the udder which is liable to cause contamination of the milk.

2. No person shall carry on the trade of a dairyman unless he holds a licence issued in that behalf by the Council. On such licence shall be affixed the photograph of the licensee. Such licences shall be issued for such period not exceeding one year as the Council thinks fit.

3. No person shall be licensed until he shall have furnished full information to the satisfaction of the Council as to his residence, the place where the milk is kept for sale, the place where the milk is produced, the place where the cattle are kept, the nature of his water supply and the general suitability of his arrangements for carrying or such trade.

4. Every person so licensed shall notify the Council forthwith of any change in the source from which his milk is a red.

5. Every person so licensed shall at all times afford any Health' Officer, Colonial Veterinary Surgeon or Food Officer free access to all premises occupied by him, whether as a dairy or milk shop or not,. for the purpose of inspection, and shall produce his licence on demand.

6. Every dairyman whilst purveying or selling milk shall carry his licence with him and shall produce it when demanded by any Health Officer, Colonial Veterinary Surgeon or Food Officer.

7. Every place used by a licensed person as a dairy or milk shop shall be specfied in the licence issued by the Council, and a piace not so specified therein shall not be used as a dairy or milk shop by such person.

8. Every building used as a dairy or milk shop shall be registered annually during the month of January at the office of the Council and every application for registration shall be made in the form to be supplied by the Secretary of the Council.

9. Every dairy and milk shop shall be adequately lighted and ventilated to the satisfaction of the Council, and the floor shall be paved with a layer of not less than six inches of good ne concrete, or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness, or of such other material of such nature and thickness as the Council may approve. In the case of a place whore cattle are kept, the floor shall be raised at lens' eight inches above the ground level and shall have a slope of not less than one in sixty and shall directly communicate by an independent drain to be constructed as the Council may direct with a covered connant catch-pit the contents of which sil be removed daily.

85

10. No water closet, dry closet, earth closet or urinal shall be within, or be in direct communication with, any dairy or milk shop.

11. No building or part of a building shall be used as a dairy or milk shop until such premises have been approved by the Council as being in accordance with these by-laws and have been registered.

12. Except with the written permission of the Council no dairyman shall have in his dairy or milk shop any milk derived other- wise than from premises registered under by-law 8.

13. The whole of the interior walls (unless tiled) and the ceilings of the rooms of every dairy and milk shop shall be properly lime-washed during the months of January and July of each year.

14. (1) Every dairyman shall cause every part of any dairy or milk shop in his occupation to be thoroughly cleansed from time to time as often as may be necessary to secure that such dairy or milk shop shall be at all times clean to the satisfaction of a Health Officer, Colonial Veterinary Surgeon or Food Officer. It shall be scraped and white- washed whenever required by the Council.

(ii) He shall cause the floor of every such dairy or milk shop to be thoroughly cleansed and all dung and other offensive matter to be removed from such dairy or milk shop as often as may be necessary and not less than once daily.

(iii) He shall keep in or in connection with every dairy or milk shop in his occupation a supply of clean fresh water suitable for all such purposes as may from time to time be necessary.

(iv) He shall not deposit or keep any milk in any room used as a kitchen or as a living room.

15.-(i) Every dairyman shall cause every vessel and utensil used by him for the reception of milk to be of such material and design as the Council may approve.

(ii) He shall cause every vessel, receptacle or utensil used by him for containing milk to be cleaned thoroughly with steam or clean boiling water after it has been used and to be maintained in a constant state of cleanliness.

(iii) He shall not permit or suffer any person to drink out of any vessel or measure used by him in purveying milk.

(iv) He shall not cause or suffer any animal belonging to him or under his control to be milked unless:

(a) at the time of milking the udder and teats of such animai

are thoroughly clean.

(b) the hands of the person milking such animal are thoroughly

clean and free from all infection and contamination.

16. It shall be the duty of every dairyman to use due diligence and care to ascertain the presence of sickness or disease

upon his dairy or milk shop premises and to ascertain whether such sickness or disease is of a contagious or infectious nature, and he shall be presumed to know of the existence of such sickness or disease, unless and until he shows to the satisfaction of the magistrate, before whom he is charged, that he could not with reasonable diligence have obtained. such knowledge.

17. Every dairyman shall, when any person residing in his house or being upon his premises is suffering from any infectious or con- tagious disease, give immediate notice thereof in writing to a Health Officer.

18. If at any time disease of an infectious or contagious nature dangerous to animals or mankind or any disease of the udder exists among the cattle belonging to or under the charge of a dairyman, or amongst other animals associated with the cattle of such dairvman, he shall notify the same forthwith to a Health Officer or Colonial Veterinary Surgeon.

86

19. When ver a Health Officer is of opinion or has rea- son to suspect that any person in the Colony is suffering from an infectious disease attributable to milk supplied from any dairy or milk shop situated within the Colony, or that the consumption of milk from any dairy is likely to cause infectious disease to any person, he shall have power to inspect such dairy or milk shop and medically to examine any person residing or employed therein and, f accompanied by a Colonial Veterinary Surgeon, to inspect and examine the animals therein, and the carcases of any animals that may have died therein.

20. Every dairyman shall take all reasonable and proper pre- cautions in and in connection with the storage and distribution of milk, and otherwise, > prevent the exposure of the milk to any infection or contamination.

21. No dairyman shall allow any person suffering from an infectious or con agious disease or having recently been in contact with a person so suffering to reside or enter upon his premises or to milk any animal or handle any vessel used for the reception of milk or in any way to take part in the conduct of the production, preparation, storage, distribution or sale of milk.

22. The milk of a diseased animal or of any animal which has been in contact with o associated with a diseased animal and the milk of which is in the opinion of a Health Officer or Colonial Veterinary Surgeon likely to have become or to become contaminated :-

(a) shall not be mixed with other milk;

(b) shall not be sold as human food; and

(c) shall not be sold or used as food for other animals save with

the permission of a Health Officer.

23. If રી Health Officer or Colonial Veterinary Surgeon is of opinion that infectious disease is caused or likely to be caused by the consumption of the milk supplied from any dairy, or that the public health is or is likely to be endangered by any act or default of any dairyman, such Health Officer or Colonial Veterinary Surgeon may rake an order in writing with a view to stopping the supply, distribution or sale of such milk, absolutely or under conditions laid down in such order.

24. If an order prohibiting the supply, distribution, or sale of milk is made against a dairyman under the provisions of the preceding by-law, he shall not be entitled to claim compensation for any damage or loss which he may sustain thereby.

25. Any person aggrieved by any order made by the Urban Council or any Officer may appeal to the Governor-in-Council.

26.--(a) No person shall spit in any dairy or milk shop except into spittoons provided for the purpose.

(b) The registered proprietor of every dairy and milk shop shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council. requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(c) The registered proprietor of every dairy and milk shop shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Food Factories.

A. General.

1. No building or part of a building shall be used as a food factory unless licensed by the Council.

2. Every keeper of a food factory shall cause the floor thereof to be thoroughly washed and cleansed at least once every day.

87

3. Every keeper of a food factory shall cause the whole of the inside walls thereof to be properly scraped and whitewashed at least once a quarter and also at all other times when he may be required to do so by notice in writing from the Council.

4. Every keeper of a food factory shall cause every table and implement used in the preparation of food and every table, shelf or other article used to hold or contain food to be thoroughly washed and cleansed once at least in every day.

5. No keeper of a food factory shall use any but wholesome water for the preparation of food or for cleansing the premises.

6. Every keeper of a food factory shall cause every means of ventilation in connection therewith to be kept in good order and efficient action.

7. No keeper of a food factory shall cause or allow to be brought into, placed in or carried through such food factory any night-stool or other receptacle for urine or excreta.

8. No keeper of a food factory shall sit, stand or lie down upon any table or shelf in such food factory, nor shall he allow any other person to sit, stand or lie down upon any such table or shelf, nor shall he sleep or allow any other person to sleep within such food factory, except in accordance with the provisions of by-law 16.

9. No person suffering from any skin disease or infectious dis- order, or who has recently been in contact with a person so suffering, shall enter any food factory or take part in or assist in any way in the conduct of the trade carried on there.

10. No person shall commit a nuisance within the precincts of any food factory.

11. No keeper of a food factory shall keep or allow to be kept therein any animal or bird.

12. Every keeper of a food factory shall afford to any Food Officer free access to every part thereof for the purpose of inspection at all hours during the day time and also at all times during the night when work is going on in the food factory.

13. Whenever it appears to the Council that any house or building or part thereof used for the preparation, storage or sale of food is in such an insanitary condition as to be unfit for such use, the occupier or, in the case of unoccupied premises, the owner thereof shail whitewash, cleanse or purify the same in such manner as may be required by the Council by notice in writing signed by the Secretary thereof.

14. No occupier of any house or building or part thereof which is used for the preparation, storage or sale of food shall keep or allow to be kept therein or adjacent thereto for more than 24 hours or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, nightsoil, filth or any noxious or offensive matter, or shall suffer such receptacle to be in a filthy or noxious state or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

15.-(a) No person shall spit in any food factory except into spittoons provided for the purpose.

(b) The registered proprietor of every food factory shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing. any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(c) The registered proprietor of every food factory shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Ordinance No. 36 of 1931.

No.

Ordinance of

1934.

Ordinance No. 16 of 1903.

88

16. Where in any food factory any part of a floor to which the licence relates is used for sleeping purposes, such part shall be parti- tioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

B. Aerated Water Factories.

1. For the purpose of these by-laws the term "aerated waters" shall mean any liquid intended for human consumption which is impregnated with carbon dioxide or oxygen or both under pressure, but shall not include any intoxicating liquors as defined in the Liquors Ordinance, 1931.

2. No premises shall be used for the manufacture of aerated waters unless such premises have been licensed by the Council.

3. Licences shall be renewed annually in January.

4. Such premises shall comply in all respects with the provisions of the Buildings Ordinance, 1934.

5. No water shall be used in any aerated water factory whether for the manufacture of aerated waters or for any other purpose except such as is derived from waterworks as defined in the Waterworks Ordinance, 1903, and is laid on to the premises, provided that the Council may give permission for the use of water from any other source for any purpose for which such water is required. All water used for the manufacture of aerated waters shall be subjected to such purifica- tion as the Council may require.

6. All utensils and machinery used in the manufacture and packing of aerated waters shall be kept in a cleanly condition

7. No aerated water factory shall be used for any other purpose except with the permission of the Council.

8. The manufacture of aerated waters shall not be carried on in any part of a building which is used for domestic purposes.

9. No animals except cais shall be kept in any aerated water factory.

10. No drain inlet shall exist in any part of any premises actually used for the manufacture of aerated waters.

11. Every aerated water factory shall be provided with adequate kitchen, ablution, urinal and latrine accommodation to the satis- faction of the Council.

12. Every aerated water factory shall, between the hours of 6 a.m. and 6 p.m. and at any other time by order in writing from the Council, be open to the inspection of any Food Officer specified in such order.

13. All premises in which the work of manufacturing aerated waters is carried on shall have their floor surfaces on ground surfaces of non-absorbent material finished off smooth, and their walls rendered to a height of seven feet with cement-mortar or other non-absorbent material, or be otherwise constructed and maintained to the satis- faction of the Council.

14. Every aerated water manufactory shall be adequately lighted and ventilated to the satisfaction of the Council, and the ground sur- faces shall be paved with a layer of not less than six inches of good lime-concrete or not less than three inches of cement-concrete com- posed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or of such other material of such nature and thickness as the Council may approve.

15. Every room or other part of every aerated water manu- factory in which the actual work of manufacturing aerated waters is carried on shall have the interior surfaces of the walls and ceilings or roofs limewashed throughout during the months of January and July each year.

7

!

www you can make a moderate a b

89

16. The Council shall have power to exempt any aerated water manufactory from all or any of the foregoing by-laws.

C. Bakc-houses.

1. All premises used as bake-houses shall be registered annually, during the month of January, at the office of the Secretary to the Council and every application for registration shall be made in the form in the Schedule to these by-laws.

2. Every bake-house shall be adequately lighted and ventilated to the satisfaction of the Council and the ground surfaces shall be paved with a layer of not less than six inches of good lime-concrete or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement- mortar of not less than half an inch in thickness or of such other material of such nature and thickness as the Council may approve.

3. Every bake-house shall have an ample supply of good potable water and, except with the special permission of the Council, this water shall be laid on to the bake-house from the public water mains.

4. Every bake-house shall be so drained as to be in accordance with the requirements of the Building Authority, and all inlets to the drains shall be placed outside the building.

5. No water closet, dry closet, earth closet or urinal shall be within or in direct communication with any bake-house.

6. Every bake-house shall be kept at all times in a cleanly condition and free from all noxious matter. The troughs, tables and utensils in use in the bake-house shall be thoroughly cleansed and the floors properly swept at least once in every twenty-four hours. The whole of the interior walls and the ceilings of the rooms shall be properly limewashed and the wood-work thoroughly scrubbed with soap and water during the months of January and July of each

year.

7. No animals except cats shall be kept in a bake-house.

8. No person suffering from any infectious or contagious disease shall be permitted to take part in the manufacture or sale or delivery of bread or biscuits.

9. Every bake-house shall, during the hours at which baking operations are carried on, be open to inspection by any Food Officer or officer of the Sanitary Department.

10. No premises shall be used as a bake-house until such premises have been approved by the Council as being in accordance with these by-laws and have been registered.

SCHEDULE.

[Bake-houses by-law 1.]

FORM OF APPLICATION.

I, the undersigned, hereby notify the Urban Council that I

propose to commence/continue the business of a bake-house on the premises known as No.

floor, Lot No.

Street,

and I beg leave to request that the said. premises may be duly registered as a bake-house.

Signature of applicant.

Schedule.

90

D. Food Preserving Establishments.

1. For the purposes of these by-laws the expression "food preserving establishment means any business, undertaking or concern which carries on the trade of food preserving, or any of the branches of such trade, that is to say, the making of sugar confectionery, cocoa, chocolate, jam, marmalade, preserved fruits, Chinese preserves, fruit and table jellies, meat extracts, meat essences, sauces and pickles; the preparation of meat, poultry, game, fish, vegetables and fruit for sale in a preserved state in tins, pots, bottles, jars, barrels, drums and similar receptacles; and the processes of wrapping and filling, and packing other than the packing of the finished article in cases or crates merely for storage or transport.

2. A register of food preserving establishments shall be kept by the Secretary of the Council.

3.-(1) No person shall continue or commence any food-preserving establishment unless it is registered under these by-laws.

(2) In order to effect registration, and subject to these by-laws, one of the persons specified in paragraph (3) shall furnish to the Secretary of the Council the particulars specified in the form in the Schedule to these by-laws and shall certify the correctness of such particulars and of his own description.

(3) The particulars specified, and any other particulars and certifi- cates required by this by-law shall be furnished and certified by the proprietor or one of the proprietors of the food preserving establish- ment and in the case of a company by a director, manager, secretary or other officer of the company.

(4) If any change occurs, or if any inaccuracy is discovered, in any of the specified particulars, the persons specified in paragraph (3) shall, within seven days, furnish substituted particulars to the Secretary of the Council and shall certify the correctness of such substituted particulars and of their own descriptions: provided that if one of such persons complies with the requirements of this paragraph the obligations imposed by this paragraph on any other person shall be deemed to have been discharged as regards the substituted parti- culars so furnished.

(5) In case of any material departure from the particulars or substituted particulars furnished in respect of any food preserving establishment such food preserving ettablishment shall be deemed to be unregistered.

4. The following conditions and requirements shall be complied with in respect of every food preserving establishment:.

(1) Except with the permission of the Council no water shall be used for any purpose other than water from the Government Water Works and laid on to the premises.

(2) All premises, apparatus, utensils and machinery shall be kept in a cleanly condition and free from all noxious matter.

(3) Except with the permission of the Council the premises shall not be put to any other use or purpose, domestic or otherwise.

(4) No animals except cats shall be kept on the premises.

(5) No drain inlet shall exist or remain in any part of the premises.

(6) Adequate kitchen, ablution, urinal and privy accommodation, tc the satisfaction of the Council, shall be provided.

(7) The ground surfaces of the premises shall be laid with not less than six inches of good lime-concrete, or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness, or of such other material of such nature and thickness as the Council may approve. Floor surfaces other than ground surfaces shall be of non-absorbent material, finished off smooth.

91

(8) The walls shall be rendered to the height of seven feet with cement-mortar or other non-absorbent material or be otherwise con- structed and maintained to the satisfaction of the Council.

(9) Adequate lighting and ventilation, to the satisfaction of the Council, shall be provided.

(10) The interior surfaces of the walls and ceilings or roofs shall be limewashed throughout during the months of January and July each year.

(11) The premises, and the work being carried on, and all apparatus, utensils, receptacles, machinery, fittings, fixtures and things therein, and acconimodation referred to in paragraph (6) shall be open, between the hours of 6 a.m. and 6 p.m., to the inspection of any member of the Council and any Food Officer.

(12) Exemptions from or modifications of all or any of the conditions or requirements of by-law 3 may be granted by the Council in its discretion and with or without conditions of exemption or modification. Such exemptions and modifications shall be noted in the register.

(13) Subject to exemptions and modifications as aforesaid the Council may refuse registration, and may strike off any food preserving establishment from the register, if the conditions and requirements of these by-laws are not complied with.

SCHEDULE.

[Food Preserving Estab- lishments by-law 3 (2)]

FORM

FOOD PRESERVING ESTABLISHMENTS.

Name of establishment

Address

Proprietor....

Description of premises.....

Branch or branches of the food-preserving trade carried on..

Date

...

I certify that the above (substituted) * particulars are correct and

that I am...............

*Delete if necessary.

Signature of informant.

92

Food Shops.

1. Except under and in accordance with a licence granted by the Council, no person shall within the City of Victoria cr the Harbour, or in Kowloon or New Kowloon, or in Shaukiwan, Quarry Bay, Wong Nei Chung, Tai Hang, Whitfied, Tsin Shui Ma Tau, Fu Tau Fat, Ma Shan Ha, Sai Wan Ho, Chung Lung, Tsat Tsze Mui, Pokfulam, Aberdeen and Aplichau, or in such other places as shall be named in any Government Notification, sell or expose for sale in any place not being a public market within the meaning of this Ordinance any articles of food for man usually sold or exposed for sale in a public market.

2. The following fees shall be charged and paid for licences tc sell in premises outside a public market articles of food commonly sold in such market

Beef and Mutton

Pork

Fish

Poultry

$10 per quarter;

$30

;

$60

""

;

$60

"}

$10

"

Fruit and Vegetables

Provided that in the following areas, namely, Tsin Shui Ma Tau, Fu Tau Fat, Ma Shan Ha, Chung Lung, Pokfulam, Aberdeen and Aplichau, and such other districts as may from time to time be deter- mined by the Council and notified in the Gazette, the fee shall in every case be $3 per quarter only.

3.-(1) No person shall within the Hill District that is to say any part of the Island of Hong Kong above the 700-feet contour- (a) keep any shop for the sale of any article of food; or

(b) expose or offer with a view to sale any article of food; or (c) warehouse or store any article of food intended for sale; or

(d) knowingly permit any premises, owned or occupied by him, or otherwise under his management or control, to be used as a shop for the sale of any article of food or for the purpose of warehousing or storing any article of food intended for sale; or

(e) have in his possession or control any article of food with a view to the sale thereof or knowing that the same is in- tended for sale,

except with a licence from the Council and in accordance with the terms of such licence.

(2) It shall be lawful for the Council to prescribe in the case of any such licence any terms which may to the Council seem desirable.

(3) This by-law shall not apply to the following:·

(a) the sale of food by the keepers of hotels and boarding houses

to guests and visitors;

(b) the sale of green vegetables, fruit, confectionery, bean curd, congee, soup or other prepared food by licensed hawkers;

(c) public sales by licensed auctioneers: provided that in any sale of intoxicating liquor the provisions of the Liquors Ordin- ance 1931 are complied with;

(d) the sale of eggs.

(4) In this by-law 'shop' includes every place where any article is sold ordinarily from time to time.

4. Any breach of these by-laws shall render the licence or licences subject to immediate cancellation, and in the event of cancellation no fees shall be refunded.

5. All fees shall be paid quarterly in advance, within the first seven days of the quarter, to the Chairman of the Council.

4.

"

93

6. No licensee shall sub-let, assign or transfer his licence or licences, or any part thereof, to any person without the written per- mission of Council.

7. No meat other than the meat of animals which have been slaughtered in a Government Slaughter-house shall be sold or exposed for sale except with the written permission of the Council.

8. The Inspector of Markets or any officer duly authorised in writing by the Council shall be allowed access to any licensed premises at all times when the premises are open for business, and the licensee shall produce his licence whenever required to do so by any such officer.

9. The premises shall have a signboard in a conspicuous position showing in English and Chinese (a) the name of the licensee, (b) the nature of the business carried on, and (c) the number of the licence: Provided that the Council may exempt any premises from this requirement.

10. No structural alteration of the premises shall be made with- out the previously obtained consent in writing of the Council.

11. Every licensee shall provide himself a sufficient number of portable dust-bins in accordance with one or other of the patterns on view in the markets.

12. Every licensee shall cause all dust, garbage and solid refuse. of any kind which may be produced or may accumulate in the course of his business or in the cleansing of poultry or fish to be immediately placed in a portable dust-bin, and he shall, as often as may be necessary, but never less than once a day, cause such dust-bins to be removed and emptied.

13. No person shall spit in any premises specially licensed for the sale of food usually sold in a market, except into spittoons provided for the purpose.

14. The licensee shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

15. The licensee shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily. at the close of business.

16. The licensee shall normally be in attendance at his place of business and shall not absent himself for more than one calendar month without previously notifying the Chairman of the Council.

17. Every dealer in fresh meat shall thoroughly wash and cleanse his shop and all fittings and utensils belonging thereto at least twice a day.

18. Every fishmonger shall thoroughly wash and cleanse his shop and all fittings and utensils belonging thereto at least twice a day.

19. Every poulterer shall thoroughly cleanse his shop, pens and al fittings belonging thereto at least twice a day and shall provide a supply of fresh drinking water for any live birds that may be kept in such pens.

20. No birds other than poultry and no animals other than cats shall be kept on the premises.

21. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be camied on and no storage of food or utensils shall be permitted in the part so partitioned off for sleeping purposes.

1.

1

94

22. One or more copies of these by-laws, in English and Chinese, shall be posted up in a conspicuous place in the premises, provided that the Council inay exempt any premises from this requirement.

If other goods in addition to those covered by the special food licence are also to be sold on the same premises, the following additional by-laws shall apply.

23. In addition to the articles of food covered by the special licence only such other articles shall be sold as may be approved in writing by the Council.

24. No person shall sleep on the premises.

25. Without the consent of the Council no cooking shall be done on the premises.

26. The floor surface and the walls to a height of 8 feet shall be of impervious material rendered smooth. All openings to the external air, except the main entrance, shall be dust, rat and fly proof. All internal drainage, except flush operated sanitary fittings and wash basins with running water, shall drain by surface channels to a point cutside the premises. An adequate supply of main water shall be laid on to the satisfaction of the Council.

27. Sufficient flush closets or fly proof commodes of an approved Facilities pattern shall be provided to the satisfaction of the Council. for washing shall be provided.

28. Employees shall wear clean clothing.

29. No person suffering from, or who has been in contact with infectious disease, shall be employed on the premises.

30. All fittings, utensils and implements shall be of impervious material except in the case of special fittings, etc., approved by the

Council.

31. The premises, fittings, etc. shall be maintained at all times in a state of cleanimess satisfactory to the Council.

32. Goods imported from sources approved by the Council may be sold, the Council retaining the right to require that goods from any particular source shall be declared to the Council and must be inspect- ed and passed by the Council before being exposed for sale or used for any trade purpose in the premises.

33. All goods sold shall be covered in a clean wrapper before removal from the premises.

34. When more than one class of goods is sold the separation of the goods in sale and storage shall be to the satisfaction of the Council.

35. The licensee shall maintain a stock ledger on the premises and the arrival of all goods on the premises shall be entered therein within 24 hours of arrival. The stock ledger shall be produced for inspection when required. Each entry shall contain such information regarding the origin, etc., of the goods as the Council may require.

If special food licences are issued for the sale on the same premises of more than one class of food commonly sold in markets, the following additional by-laws shall also apply.

36. No person shall sleep on the premises and the premises shall have no direct communication with any domestic premises.

37. The floor surface shall be of impervious material rendered smooth. The wall surfaces shall be of polished impervious material. All openings to the external air, except the main entrance, shall be dust, rat and fly proof. All internal drainage except flush operated sanitary fittings and wash basins with running water shall drain by surface channels to a point outside the premises. An adequate supply of main water shall be laid on at a number of points to satisfy the Council. Ceilings shall be dust proof.

95

38. Sufficient flush sanitary apparatus and wash basins with hot and cold water shall be supplied to the satisfaction of the Council. An adequate supply of clean towels shall be available at all times.

39. Employees shall wear clean washable overalls of white or the colour customary to the trade concerned.

40. No person shall be employed in handling uncovered goods until he has been passed "free from infectious disease" by a Health Officer. Such specimens and information as the Health Officer may require to reach his decision shall be supplied by the employee.

41. All fittings, utensils and implements of the trade shall be of polished impervious material and of a design approved by the Council except in the case of a special fitting, utensil or implement approved by the Council.

42. Refrigerated or gas storage for perishable goods must be of a design approved by the Council.

43. The licensee shall report immediately to the Chairman of the Council any case of sickness among his employees.

Hawkers.

A. General and Licensing.

1. These by-laws shall not apply to any hawker in the New Territories, except New Kowloon.

2. In these by-laws,

(a) "Hawker" means any person who trades in any street or public thoroughfare or goes from place to place, or goes on board any vessel, selling or exposing for sale any goods, wares or merchandise immediately to be delivered, or exposing samples or patterns of any goods, wares or merchandise to be afterwards delivered, or selling or offering for sale his skill in handicraft, except a person selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein and who buy to sell again.

(b) "Place" includes any house, shop, room, office, boat, vehicle or vessel, or any erection movable or otherwise, or any spot on land or water.

(c). "Licence" means a valid licence of the appropriate class, as hereinafter provided, issued to a hawker by the Council under the hand of the Secretary of the Council in accordance with these by-laws.

3. No person shall carry on the trade of a hawker except under and in accordance with a licence.

4. There shall be five classes of licence for hawkers, the annual fees for which shall be as set forth in the following table, namely:-

Licence

Hawker (stallholder)

do.. (itinerant)

do.

(steamships)

do.

(native craft)

do.

(newspaper)

Fee

$24

$4

$24

$ 4

$ 1

5. The forms of such licences shall be respectively those in Forms Appendix. Nos. 1, 2, 3, 4 and 5 in the Appendix to these by-laws.

6. The trade of every licensed hawker shall be strictly limited

to the class of his licence.

7. Every licence shall expire on the 30th day of September follow- ing the date on which it is granted.

Forms 1-5.

96

8. A person requiring a licence or any renewal thereof shall make application to the Secretary of the Council, and shall when making the same

(a) pay to the Secretary the prescribed licence fee, and

(b) furnish such copies of his photograph, not exceeding four, as the Council may require.

9.-(1) The Council may in its absolute discretion refuse to grant or renew any licence, or may revoke a licence granted

(a) to any person under 21 years of age;

(b) to any person who may be unsuitable to hold such licence; and

(c) to any person or in respect of any place, if such refusal or revocation is, in the opinion of the Council, expedient in the public interest.

(2) Upon any breach of any by-law relating to hawkers or of any condition of a licence the Council may in its absolute discretion revoke the licence.

10. If the Council refuses to grant or renew a licence, the licence fee shall be refunded, or, if the Council revokes a licence except on the ground of misconduct, a part of such fee shall be refunded to the applicant or licensee.

The part of the fee so refunded shall bear to the whole fee the same proportion as the unexpired part of the term for which the licence was granted bears to the whole term.

No refund shall be made in respect of any period during which a licence shall have been in force.

11.-(1) Every licence may on its expiration be renewed for further periods not exceeding one year at a time.

(2) Such renewal shall be endorsed by the Secretary of the Council on the original licence, and shall be subject to the same fee as the fee prescribed by these by-laws for such licence.

12. The Council may, on sufficient cause being shown to its satis- faction and subject to such conditions as it may think fit to impose, permit the transfer of a licence to any person or for any place other than that to whom or for which the licence was issued, and thereupon the Secretary of the Council shall endorse such transfer on the licence.

13. The Council may impose such special conditions in respect of any licence as the circumstances may require.

14. If the Council is satisfied that a licence granted or transferred to any person has been lost or destroyed, or accidentally defaced, it may issue to such person a duplicate of the licence on payment of a fee of 25 cents in the case of a newspaper hawker, $1 in the case of an itinerant or native craft hawker, and $5 in the case of a steam- ships or stallholder hawker.

15. No person shall alter, deface or make any erasure on a licence, and no person shall use, or have in his possession with a view to use, a licence on which an erasure has been made, or which has been altered or defaced in any way.

16. Every licence shall specify the kind or class of goods, wares or merchandise for the sale of which the licence is granted, and no licensed hawker shall sell anything of a nature or class other than that specified in such licence.

17. When a licence has been granted to any person in respect of any place, such person shall not carry on the trade of a hawker at any other place without an appropriate licence for such place and the written approval of the Council under the hand of the Secretary of the Council.

97

18. When hawking, every licensed hawker shall carry a valid licence issued to him, and shall produce and show the same to any sanitary inspector or police officer, and, in the case of a hawker's (steamships) or hawker's (native craft) licence, to any revenue officer, on demand. Such officer may retain such licence for examination or endorsement by the Council, and such licence shall, unless revoked, be returned to the licensee within a reasonable time.

19. No licence shall authorise any person to go on board any ship without the written permission of the master or officer in charge of such ship.

20. No licensed hawker shall hawk in the enclosure to any naval, military or air force premises or in the Man of War Anchorage on the North side of the City of Victoria as defined in Table M of the Merchant Shipping Ordinance, 1899.

21. Every licensed hawker shall collect and remove all refuse caused by his trade, and shall keep the implements of his trade in a clean and wholesome condition.

B. Licensed (itinerant) hawkers.

The following regulations shall apply only to licensed (itinerant) hawkers:

1. The Council shall when issuing an itinerant hawker's licence supply to the licensee a numbered licence board, and the holder of such license shall when hawking carry and exhibit such board in a conspicuous position so that the number shall be at all times clearly visible.

2. No licensed itinerant hawker shall use or utter any cry, or make or use any other noise for the purpose of attracting attention to his trade, within the following roads, streets and areas:-

(1) in the City of Victoria:

(a) Bonham Road, Caine Road, Upper Albert Road and Kennedy Road, and the whole area to the south thereof;

(b) the area bounded on the north by Queen's Road, on the west by Cochrane Street and Old Bailey, on the south by Caine Road and Upper Albert Road, and on the east by Garden Road, including such boundaries; and

(c) Wanchai Road, Morrison Hill Road, Leighton Hill Road, Caroline Road, Causeway Bay Road and the whole area to the south and south-east thereof;

(2) any part of Broadwood Road, Ventris Road, Village Road, Stubbs Road and the area known as Wong Nei Chung Village, not included in paragraph (1) (c);

(3) any part of the Hill District as Ordinance, 1901; and

Ordinance No. 10 of

}: 99.

defined in the Rating Ordinance

No. 6 of 1901.

(4) in Kowloon :

(a) the whole area south of a dividing line passing along the north side of Austin Road and produced at either end in an easterly and westerly direction respectively to the sea;

(b) to the north of such dividing line, the area bounded by and including on the west Nathan Road, on the north Prince Edward Road, and on the east Argyle Street from its junction with Prince Edward Road to Waterloo Road, thence bounded by and including Waterloo Road to the railway line, thence bounded by and including the railway line to the northern boundary of the area in paragraph (a);

(c) to the north of the area in paragraph (b), the area bounded by and including on the west the railway line, on the north Cornwali Street, and on the east Waterloo Road; and

(d) Jordan Road, where not included in the above areas.

98

Ordinance No. 2 of 1870.

-12

:

3. No licensed itinerant hawker shall-

(1) trade within the boundaries of the Wongneichong Recreation Ground as defined under the Public Places Regulation Ordinance, 1870; or

(2) trade within the area bounded on the north by the Harbour, on the west by Wing Wo Street, on the south by Queen's Road, and on the east by Murray Road, including such boundaries, or in Stanley Street, or in any portion of any street leading directly from Stanley Street to Queen's Road, or

(3) sell, expose or have in his possession for sale any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force relating to markets.

4. No tray, basket, box, tub, pan, pail, tin or other receptacle in which any itinerant hawker carries or displays his wares shall exceed three feet in length and three feet in width, and no such hawker shall have in his possession for the purposes of his trade more than two such receptacles and one smaller receptacle, of not more than two feet cubic capacity, for refuse.

5. No licensed itinerant hawker shall sell, expose or have in his possession for sale any prepared food not usually sold by licensed hawkers.

6. The holder of every itinerant hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose which shall be endorsed on the licence :-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to

any person.

:

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 10 p.m.

C. Licensed (stallholders) hawkers.

The following regulations shall apply only to licensed (stallholders) hawkers:

1. The Council shall when issuing a (stallholder) hawker's licence. supply to the licensee a card bearing the licensee's name, a licence number, and particulars of the site and measurements of his stall, and the holder of such licence shall exhibit and keep such card exhibited on his stall in a conspicuous position approved by the Council.

2. Only stallз of a pattern approved by the Council, similar to the models exhibited at the offices of the Council, shall be used.

3. No licence taken out by any person to carry on the trade of a (stallholder) hawker shall confer on such person any right in any site o pitch, and such person shall place his stall only in such position. as the Council may approve.

4. The Council may at any time direct the removal of any stall from any position to any other position, and the holder of a licence for such stall shall thereupon reinove the stall and place it in accordance with such direction of the Council.

5. No licensed (stallholder) hawker shall place his stall or any part. thereof or anything used in or pertaining to his trade within ten feet of any storm water grating, or in such manner as to obstruct any sidechannel.

6. No stall for the sale of cooked food shall exceed seven feet in length or four feet in width, and no other stall shall exceed six feet in length or three feet in width.

7. The licensee of every stall for the sale of cooked food, fruit or vegetables shall provide and maintain to the satisfaction of the Coun- cil a covered receptacle of galvanized iron for refuse.

99

8. No licensee of any stall for cooked food shall have any chimney at or near his stall, nor shall he use any wood, coal or other fuel except charcoal.

9. No licensed (stallholder) hawker shall sell or have in his posses- sion for sale or expose for sale-

(1) any food commonly used for human consumption not usually sold by licensed hawkers;

(2) any kerosine, gunpowder, firecracker or other description of dangerous goods as defined in the Dangerous Goods Ordinance, 1873; or

(3) any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force relating to markets, except, as regards this paragraph with the written permission of the Council.

10. No licensed (stallholder) hawker shall use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade.

11. Every licensed (stallholder) hawker shall employ at his stall only such assistants as the Council may approve. The names and photograph of every assistant so approved shall be endorsed on the licence.

12. The holder of every. (stallholder) hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 11 p.m.

D. Licensed (native craft) hawkers.

The following regulations shall apply to every hawker licensed to trade on board native sailing craft:

Ordinance No. 1 of

1873.

1. The holder of every hawker's (native craft) licence shall trade in the harbour or other area for which his licence is issued only on board native sailing craft or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and Ordinance specified in the licence.

2. The Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat, but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

3. No hawker licensed to trade on board native sailing craft shall

(1) trade on any steamship or motorship or board such ship for the purposes of his trade; or

(2) trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board native sailing craft shall deal in, sell, or have in his possession for sale, or expose for sale

(1) any kerosine, gunpowder. firecracker or other description of dangerous goods as defined in the Dangerous Goods Ordinance, 1873;

(2) any liquor, tobacco, cigarettes or other article on which a duty is imposed under any Ordinance for the time being relating to revenue;

or

No. 10 of 1399.

Ordinance No. 1 of 1873.

(3) any marine stores as defined in the Marine Stores Protection Ordinance Ordinance, 1919.

No. 13 of 1919.

1

Ordinance No. 10 of 1899.

Ordinance No. 1 of 1873.

Ordinance No. 13 of 1919.

100

5. No hawker licensed to trade or board native sailing craft shall knowingly let fall or throw anything whatsoever into the waters of the harbour.

6. The holder of every hawker's (native craft) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence :-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

E. Licensed (steamships) hawkers.

The following regulations shall apply to every hawker licensed to trade on board steamships :-

1. Every person holding a hawker's (steamships) licence shall trade in the harbour or other area for which his licence is issued only on board steam and motor vessels or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and specified in the licence.

2. The Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

3. No hawker licensed to trade on board steamships shall trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board steamships shall on board any ship-

(1) use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade; or

(2) lay out any goods, wares or merchandise in such manner as to obstruct the crew, or any of them, in the navigation or management of such ship, or impede the free movement of any person about such ship.

5. No hawker licensed to trade on board steamships shall deal in, sell or have in his possession for sale or expose for sale

(1) any kerosine, gunpowder, firecracker or other description of dangerous goods as defined in the Dangerous Goods Ordinance, 1873;

(2) any liquor, tobacco, cigarettes or other article on which a duty is imposed under any Ordinance for the time being relating to

revenue; or

(3) any marine stores as defined in the Marine Stores Protection Ordinance, 1919.

6. No hawker licensed to trade on board steamships shall know- ingly let fall or throw anything whatsoever into the waters of the harbour.

7. Every person holding a hawker's (steamships) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

?

شورا

تو

101

F. Licensed (newspaper) hawkers.

The following regulations shall apply only to newspaper

hawkers:

1. The Council shall when issuing a newspaper hawker's licence supply to the licensee a metal badge of a pattern approved by the Council, and every licensed newspaper hawker shall when hawking wear and exhibit such badge in a conspicuous position so as to be at all times clearly visible.

2. No licensed newspaper hawker shall act in a manner importu- nate towards, or calculated to obstruct, disturb or annoy, any person.

3. Every person holding a newspaper hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 11 p.m.

Appendix.

[By-law A. 5]

FORM NO. 1.

Licence No......

ITINERANT HAWKER'S LICENCE.

of

is hereby licensed to hawk

until the

day of

19......

inclusive, subject to the conditions and for the

further periods endorsed hereon.

Photograph.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

FORM NO. 2.

Licence No...

STALLHOLDER HAWKER'S LICENCE.

of

is hereby licensed to hawk

on the site allotted to him at

until the

day of

Photograph.

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $24.

Dated this

day of

19......

Secretary of the Urban Council.

102

FORM NO. 3.

Licence No....

NATIVE CRAFT HAWKER'S LICENCE.

of

is hereby licensed to hawk

from licensed boat No.

and on native craft in

Photograph.

the harbour of Hong Kong (or as the case may be)

until the

day of...

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

FORM No. 4.

Licence No..............

STEAMSHIPS HAWKER'S LICENCE.

of

is hereby licensed to hawk

from licensed boat No.

and on steam and

motor ships in the harbour of Hong Kong (or as the

Photograph.

case may be) until the

day of

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $24.

Dated this

day of

19......

"

Secretary of the Urban Council.

FORM NO. 5.

Licence No.....

NEWSPAPER HAWKER'S LICENCE.

of

is hereby licensed to hawk

newspapers until the

day of

Photograph.

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $1.

Dated this

day of

19......

Secretary of the Urban Council.

تو

103

Markets.

1. In these by-laws Public Market' means a market which has been declared a market by any Public Authority or which may hereafter be declared a market by the Council.

2. All public markets established at the commencement of this Ordinance shall be continued and shall be subject to these by-laws, but it shall be lawful for the Council to close any of them and also to establish or close any new market. No market shall be opened or kept open except under the provisions of these by-laws.

3. No buildings shall be erected or maintained in any market. except stalls and quarters for market officers, police and porters. Such buildings shall be of stone, brick or other approved impervious material.

4. The stalls in any market building shall be constructed of materials and according to designs approved by the Council.

5. No alteration in or addition to any market building or any fittings thereof shall be made or commenced except with the sanction in writing of the Council.

6. All market stalls shall be let by the Council in the manner following and upon the following conditions:--

(1) They shall be let without fine or premium, from quarter to quarter, for the highest rent obtainable, such rent to be ascertained by sealed tenders. In case of equal tenders the tenant in possession, if any, shall have the preference.

(2) A quarter's notice of the discontinuance of any letting shall be given by either the Council or the lessee as the case may be.

(3) If the lessee dies, his son or sons or other near relative may be allowed by the Council to take the lease and continue it : Provided that the person or persons so succeeding shall be bound in all respects. by these by-laws as if he or they were the original lessees of the stall.

(4) All rents of market stalls shall be paid to the Council quarterly in advance within the first two weeks of the quarter. If a stall be let from a date which is not the beginning of a quarter, any period greater than half a month shall be charged as one month, and any period less than half a month shall be neglected in payment.

(5) The Council may order the forfeiture of any lease of a market stall if it is proved to its satisfaction that the lessee has used such stall for any other purpose than those pertaining to the business of a market, or if such lessee has been convicted of a contravention of any of these by-laws.

7. The lessee

of every market stall shall take all reason- able measures to secure the observance of all by-laws relating to markets. He shall employ a sufficient number of persons to wash and keep the stall clean to the satisfaction of the Council and shall be responsible for all damage to or loss of any property.

8. No lessee of any market stall shall sub-let or assign the same or any part thereof without the written permission of the Council nor shall he transfer his lease to any other person. Never- theless the business of any lessee may be carried on in the case of his death or absence, with the consent in writing of the Council, by his executors, administrators or agents until the expiration of his lease.

9. Whenever the lessee of any market building fails to comply with any conditions of his holding or grant as to the execution of any repairs to such market building or other works in connection with the same, the Director of Public Works may summon such lessee before a magistrate, who may summarily order him to execute such repairs or other works within a reasonable time to be specified in such order. Any failure to carry out the terms of such order shall be deemed an offence against this by-law.

10. Except as provided by these by-laws, no person shall demand or receive any money or other valuable consideration as a fee, fine, toll, rent or otherwise for access or admission to, or for selling or buying in, any market.

104

11. The Council shall from time to time fix the hours during which each market shall be open to the public. The hours during

which any market is open to the public shall be posted on placed in a conspicuous position at such market.

a board At least one month's previous notice in writing shall be given to each stall-holder of any alteration in the hours during which any market is open to the public.

12. No person shall make use of any avenue of any market for the conveyance of merchandise not intended for or thoroughfare sale or exposure for sale in such market.

13. No person shall sell, or offer or expose for sale, any article in any part of the market other than the part thereof which is appro- priated for the sale of such article.

14. No person shall hawk or cry any article whatever for sale in any market.

15. No person shall in any market beg or apply for alms or expose or exhibit any sores, wounds or bodily ailments or deformity, nor shall any person so afflicted or any leper engage or assist in any business therein

16. No person shall commit a nuisance in any part of

17. No person shall spit in any part of any market.

any market.

18. No person other than such caretakers and officers as the Council shall decide shall sleep in any market.

19. No person shall wash or bathe in any fish tank or in receptacle which is used for the storage of food.

any

Schedule.

Market Stalls.

20. Market stalls shall be classified and set apart by the Council for the sale respectively of meat, game, poultry, fish, fruit, vegetables and other perishable goods.

21. All market-stalls shall be numbered.

22. A register of all market stalls shall be kept by the Secretary of the Council in the form A in the Schedule to these by-laws. Every entry in such register shall be prima facie evidence of the facts therein appearing. The person or persons whose name or names is or are entered in such register as the lessee is or are hereinafter referred as the stall-holder.

23. No stall-holder shall use such stall for than that for which it is let.

any other purpose

24. Every stall-holder, who absents himself from the Colony for a period exceeding a month, shall notify such fact to the Secretary of the Council and report to him the name of the agent responsible for his stall during his absence.

25. Every occupied stall shall have a signboard in front showing in full, both in English and Chinese, the name or names of the stall-holder or holders, and his or their photograph or photographs shall be affixed thereto. All photographs shall be renewed from time to time as the Council may direct.

26.-No signboard or blind of any market stall shall be so arranged as to obstruct any thoroughfare in such market, and no stall-holder shall place or store any goods outside such market stall or allow them to project beyond it.

27. Every stall-holder shall cause his stall to be properly cleansed as often as may be necessary to maintain such stall in a sanitary condition.

28. Every dealer in flesh meat shall thoroughly wash and cleanse all fittings and utensils belonging thereto at least once dor

105

29. No person shall cleave any carcase or part of a carcase elsewhere than upon a cleaving block or chopping board or upon the hooks provided for the purpose.

30. Every fishmonger shall thoroughly wash and cleanse his stall and any fittings and utensils belonging thereto at least twice a day.

31. Every poulterer shall thoroughly cleanse his stall, pens and any fittings belonging thereto at least twice a day, and shall provide a supply of fresh drinking water for any live birds that may be kept in such pens.

32. No stall-holder shall suffer any garbage or refuse to remain on or be under or about his stall, and he shall keep the avenue or passage in front thereof in a cleanly condition.

33. No person shall throw any vegetable substance, offal, garbage or offensive matter or thing on to any market avenue or thoroughfare.

34. No person shall pluck, scald or clean any poultry or game except in the places appropriated for the purpose.

35. Every stall-holder, if called upon to do so, shall provide himself with a portable dustbin in accordance with one or other of the patterns on view in the office of the Secretary of the Council.

36. No person shall sit, stand or lie on any slab or counter intended for the exposure of food stuffs for sale.

37. No stall-holder shall keep any dog in any market, nor shall any person knowingly permit any dog to follow him into a market.

38. Stall-holders who require additional lights in their stalls shall use only electric lamps or smokeless oil lamps of a pattern to be approved by the Council.

39. Subject to the provisions of by-law 40, no flesh meat (salted meat excepted) other than that which has been slaughtered in the Government slaughter-houses shall be exposed for sale in any market.

40.-(a) The Council nay, from time to time, grant per- mission in writing, revocable at the discretion of the Council, to any stall-holder to expose for sale in his stall unsalted flesh meat which has been imported from Shanghai, Japan, Canada or Australia or from such other localities as the Council may from time to time approve; such permission shall state the name of the person to whom it is granted, the class or description of meat permitted, and the shop or stall on which such meat is to be exposed for sale.

(b) The stall-holder, to whom such permission has been granted, shall cause a board to be posted on his stall, in a conspicuous position, stating in English and Chinese that he deals in imported meat, and stating also the place from which such meat was imported; the fetters and characters of such notice shall be at least one and a half inches long. He shall also make a true return to the Council, quarter- ly, of the quantity of meat imported by him, specifying whence such meat has been imported.

at any

time discovers in

any

41. If any

any Food Officer market any carcase or part of а carcase of beef, mutton or pork not bearing the official mark, he is hereby authorised to seize it, and the Colonial Veterinary Surgeon may order it to be destroyed and no compensation shall be payable to any person in respect of such destruction.

42. On a day and hour to be appointed by the Council, of which three days notice shall be given, the stall-holders shall remove all goods and other articles from their stalls or from other spaces allotted to them in the market in order that the market may be thoroughly cleaned.

43. The Council may expel from any market any person who has been convicted of contravening any of the by-laws relating to public markets, and may prevent any such person from further carrying on any business in such market or occupying any stall therein.

Stall No.

Name of lessee

& partners, if

any.

Date of entry.

For the sale of.

Monthly Rent.

Ordinance No. 36 of 1931.

Restaurants and Eating-houses.

1. No building or portion thereof may be used as a restaurant or eating-house without a licence issued by the Council. Such license shall be in addition to any licence issued under the Liquors Ordinance, 1931.

2. Any person desirous of obtaining such a licence shall make application to the Council by means of a properly filled-in form, for which purpose blank forms can be obtained from the Secretary thereof at his office. Every such person shall also lodge a plan of the premises, if so required.

3. All such licences shall expire on the 30th day of June next after the day of the date thereof.

4. The following fees are hereby prescribed and shall be paid to the Secretary in advance-

For a restaurant or eating-house licence in the City of Victoria, or in the districts of Causeway Bay, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan, or in Kowloon and New Kowloon

For a restaurant or eating-house licence

elsewhere

$20.00

$ 5.00

Provided that in respect of any such licence issued after the 1st day of January half only of the above fees shall be charged and paid.

5. Every such licence shall be conditional on compliance with these by-laws so far as they are applicable to the licence in question. Breach of any relevant by-law shall render the licence liable to can- cellation by the Council.

6. Every licensee of an eating-house shall cause to be legibly painted or fixed, and shall keep so painted or fixed, on his premises, in a conspicuous place, in English letters and in Chinese characters

106

44. The Director of Medical and Sanitary Services, the Director of Public Works, the Secretary for Chinese Affairs, the Chairman of the Council and the Inspector General of Police and their respective officers as well as any Food Officer shall have at all times free access to every part of every market building.

45. Copies of these by-laws, in English and Chinese, shall at all times be posted in conspicuous positions in the markets.

Terms of lease.

Seal.

SCHEDULE,

FORM A.

Market Register.

Agreement of lease.

Signature of lessee.

Photo of lessee.

[Markets by-law 22.]

Market.

;

107

at least four inches long, his name followed by the words 'Licensed Eating-house', together with the number of his licence.

7. The whole of the ground floor of the premises of every licensed eating-house shall be covered with a layer of not less than three inches of cement-concrete rendered smooth and laid to the satisfaction of the Council.

8. Except with the special exemption in writing of the Council no ceiling (not being the underside of a floor), hollow wall or stairlining shall remain or be fixed in any building in which or in part or parts of which the premises of the licensee are situated, and, except as aforesaid, if any such ceiling, hollow wall or stair-lining shall be found in any such building the Council may order the forfeiture of the licence.

9. No living room, sleeping place, partitions, cubicles or mezzanine floors shall be allowed on any premises licensed as an eating-house except with the permission of the Council and as shown on the plan of the premises.

10. Every restaurant and eating-house shall be provided with a suitable urinal of a type prescribed by the Council, and every restaurant shall be provided also with a decent and suitable privy. Every such urinal and privy shall be kept in a state of good repair and cleanliness.

11. Every eating-house and restaurant shall be kept at all times in a cleanly condition and free from all noxious matter. The troughs, tables and utensils in use shall be thoroughly cleansed and the floors properly swept at least once in every twenty-four hours. The whole of the interior walls and ceilings of the rooms shall be properly lime- washed unless such eating-house or restaurant is exempted therefrom by the Council, and the woodwork thoroughly scrubbed with soap and water during the months of June and December of each year unless similarly exempted.

12. No person suffering from any infectious or contagious disease shall be allowed in any eating-house or restaurant.

13. No person shall spit in any eating-house or restaurant except into spittoons provided for the purpose.

14. The licensee of any eating-house or restaurant shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, while such premises are open to the public, a notice or notices of a size and form approved by the Council and in & language prescribed by the Council requiring his customers not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

15. The licensee of any eating-house or restaurant shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

16. All food shall be stored or kept in a clean manner and duly protected from flies and dust.

17. The licensee shall not permit disorderly conduct on his premises, or suffer unlawful games or gaming therein, or permit or suffer any prostitute to frequent such premises or to remain therein.

18. No intoxicating liquor shall be sold, served or consumed in any eating-house, nor any opium sinoked in any eating-house or restaurant.

19. Eating-houses shall be closed between midnight and 6 a.m. and no meals or refreshments shall be supplied during that period to any person not resident therein.

20. Every eating-house and restaurant shall, during the hours at which the business thereof is carried on, be open to inspection by any member of the Council, Food Officer or officer of the Sanitary Department.

21. These by-laws shall not apply to any naval, military or air force canteen.

108

Slaughter-houses.

General.

1. In these by-laws "officer in charge" means the person appointed by the Council to superintend and have the care of the slaughter- houses or any one of them or any part thereof.

2. No slaughter-house other than a slaughter-house provided by the Government shall be opened or kept open.

3. Every slaughter-house shall be provided with a hanging shed for carcases.

4. It shall be lawful for the Urban Council with the sanction of

Governor-in-Council the

to

to grant

any

the person

                              sole privilege of slaughtering cattle, swine, sheep and goats within the Colony or within any particular district or locality therein, for such rent, premium or consideration and on such conditions as shall be deemed expedient; provided that nothing in this by-law shall be deemed to prevent the Governor-in-Council at his discretion either from leasing the privilege of slaughtering such animals by private contract, or from appointing any Food Officer or other person to manage any or all of the public slaughter-houses.

5. The lessee of the privilege of slaughtering cattle, swine, sheep and goats shall enjoy, during the whole of the term of his lease, the sole and exclusive privilege of slaughtering such animals in the Colony, or in such part thereof as his lease may relate to, and shall give such security for the payment of the rent thereof and for the due observance of these by-laws as the Governor in Council may direct.

6. The lessee of the privilege of slaughtering cattle, swine, sheep and goats shall not sublet or assign his lease or any part thereof without the written permission of the Council.

7. No person shall slaughter any cattle, swine, sheep or goats, or dress any carcase thereof, except within a slaughter-house appointed for that purpose: Provided always that the Council for some special reason may permit such animals to be slaughtered elsewhere.

8. Except as provided in any lease or under these by-laws, no person shall demand or receive any money or other valuable con- sideration as a fee, fine, toll or rent or otherwise for access admission to, or for slaughtering any cattle, swine, sheep or goats in any slaughter-house.

or

9. No person resorting to the slaughter-houses in charge of any cart or other vehicle shall station such cart or vehicle in a slaughter- house or in any private road giving access thereto in such a manner as to hinder any animals or any other cart or vehicle in arriving at or departing from the slaughter-house, or wilfully or improperly station such cart or vehicle so as to occupy a position in which the person in charge of any other cart or vehicle would, by priority of arrival. have claim to place such last mentioned cart or vehicle.

10. No person affected with leprosy, sores or any contagious or infectious disease shall enter any slaughter-house premises or shall take part in the slaughtering of any animal for human food or in the handling of the flesh of such animal.

11. (a) The Director of Medical and Sanitary Services, the Director of Public Works, the Secretary for Chinese Affairs, the Inspector General of Police and the Chairman of the Council, and their respective officers, as well as any Food Officer, shall at all times have free access to every part of every slaughter-house.

(b) Any Food Officer may also at any time enter any premises on which he has reason to suspect that any animal has been slaughtered or is being slaughtered in contravention of by-law 7.

109

Admission of animals to slaughter-houses.

12. The slaughter-houses shall for the purpose of the admission of animals be open at such hours as may be fixed by the Colonial Veterinary Surgeon with the approval of the Council.

13. Whenever in the opinion of the Council it is expedient for its maintenance or preservation to close any part of any slaughter-house, a notice to that effect shall be posted in some conspicuous part of such slaughter-house specifying the part that is to close, and no unauthorised person shall thereafter use or enter such part until a further notice has been published and posted as aforesaid notifying the reopening of such part.

14. No person shall bring into any slaughter-house any animal which is not intended for slaughter and particularly shall not bring any dog into a slaughter-house.

15. No person shall convey or cause to be conveyed or attempt to convey any dead animal into any slaughter-house for any purpose whatever.

16. Every person desiring to bring an animal into a slaughter- house shall apply to the officer in charge to inspect and pass such animal, and no person shall bring or cause to be brought or attempt to bring into a slaughter-house any animal which has not been duly inspected and passed by the officer in charge.

17. The mark known as the Broad Arrow shall be used for the purpose of denoting the fitness of cattle to be slaughtered for human food. No cattle shall be slaughtered for human food in any slaughter- house unless marked with the broad arrow. Every person who, without lawful authority stamps, uses, applics or impresses the broad arrow, or any mark apparently intended to resemble the broad arrow, on any cattle, shall be deemed to have contravened the provisions of these by-laws.

18. If any person passes or attempts to pass into any slaughter- house any cattle, swine, sheep or goat, which has not been inspected, passed and (in the case of cattle) marked by the broad arrow by an officer duly authorised by the Government, such animal may be detained by the officer in charge, and such person and also the owner of such animal shall each be deemed to have contravened the provisions of these by-laws. Any magistrate may order such animal to be for- feited and dealt with as the Director of Medical and Sanitary Services may determine.

19. Every person who brings or causes to be brought into a slaughter-house any bovine beast, shall cause such beast to be securely tied to the tying irons in a byre assigned for the purpose.

20. Every person who brings or causes to be brought into a slaughter-house any sheep, lamb or goat, shall cause such sheep, lamb or goat to be properly penned in a lair assigned for the purpose.

21. Every person who brings or causes to be brought into a slaughter-house any pig shall cause such pig to be properly secured in a piggery assigned for that purpose.

22. No person shall cause or suffer any animal which has been brought into a slaughter-house for the purpose of being slaughtered to be taken out alive except with the written permission of the cfficer in charge.

23. Every person being the owner, and every person for the time being in charge, of any animal which, after admission to a slaughter- house, shall in the opinion of the officer in charge be unfit for slaughtering, shall remove such animal to such place as the officer in charge shall direct and shall deal with such animal in such a manner as the Colonial Veterinary Surgeon shall direct.

110

24. The owner of any animal shall not keep such animal in any slaughter-house for a longer period than twelve hours.

Maintenance of order.

25. Subject to the provisions of by-law 11, except by permission of the officer in charge no person shall enter or remain in a slaughter-house except for the purpose of slaughtering or of supplying food or water. to any animal therein or of preparing any carcase for sale, or other- wise for some lawful purpose connected with the slaughter-house.

26. No person shall use in any slaughter-house any indecent or obscene language, or enter or remain therein in a state of intoxication.

27. No person shall bring into a slaughter-house any malt or spirituous liquor or any drug of any nature whatsoever.

28. Every person who may desire to use a slaughter-house for the purpose of slaughtering shall make application, in writing, to the officer in charge, and permission to use the slaughter-house shall be given to the several persons so applying in the order in which such applications are received.

29. Every person using a slaughter-house shall obey all reasonable orders given to him by the officer in charge, and shall conduct himself in a quiet and orderly manner therein.

30. No person shall obstruct or hinder any other person in the proper use of the slaughter-houses, or of any utensil, article, gear or apparatus provided by the Sanitary Department or by the officer in charge for use therein.

31. No person shall by any disorderly or improper conduct disturb or interrupt any other person in the proper use of the slaughter- houses, or of any utensil, article, gear or other apparatus provided for use therein.

32. No person shall spit or commit a nuisance within the precincts of a slaughter-house.

Slaughter of animals.

33. No person shall slaughter, or attempt to slaughter, any animal in any part of a slaughter-house except in such part as shall be from time to time assigned by the Colonial Veterinary Surgeon for the slaughter of animals of the same class or kind.

34. No person shall slaughter any animal in such a situation as will interfere with the slaughtering of any other animal.

35. If any difference or dispute shall arise between any persons using the slaughter-houses regarding any question of priority of right to use any part of a slaughter-house, or any utensil, article, gear or apparatus therein, such difference or dispute shall be referred to the officer in charge and the decision of the officer in charge shall be final and shall be obeyed by such persons.

36. Every person who shall slaughter or assist in the slaughtering of any animal shall adopt such methods of slaughtering as may be prescribed by the by-laws, and, in the absence of such by-laws, such methods as may be prescribed by the Colonial Veterinary Surgeon, and shall take all such precautions as may be requisite to secure the infliction of as little pain as possible.

37. Any animal killed for food in a slaughter-house shall be killed in the following manner:-

(1) All cattle (except buffaloes) shall be killed with a pole-axe or humane killer of a pattern to be approved by the Colonial Veterinary Surgeon.

111

(2) All buffalocs shall be killed with a rifle of a size and pattern to be approved by the Colonial Veterinary Surgeon. All rifles used for this purpose shall be kept by the officer in charge and used by him alone.

(3) All sheep and goats shall be killed with the captive-bolt type of humane killer, and swine shall be killed with the knife in a manner approved by the Colonial Veterinary Surgeon, except in the case of pigs, which, in the opinion of the officer in charge are too large to be killed in this way. Such pigs shall be killed in the same manner as cattle.

Provided always that nothing in this by-law shall affect Jews, Mohammedans or other people holding religious beliefs which compel them to kill animals for food in a particular manner.

38. The owner of any animal to be slaughtered shall provide the proper instruments, appliances and utensils required for the purpose and shall cause such articles to be thoroughly cleansed immediately after the completion of the process of slaughtering in which they have been used, and shall cause every such article when not in actual use to be kept thoroughly clean.

39. The carcase of every animal slaughtered shall be hung in the hanging shed immediately after it is dressed and shall remain there until removed to a market.

40. The owner of any animal that is slaughtered shall cause the hide or skin, fat and offal of such animal to be removed from the slaughter-house within twenty-four hours after the completion. of the slaughter of such animal.

41. The lessee of the privilege of collecting blood and hair shall forthwith, upon the completion of the slaughtering of any animal or the dressing of any carcase, cause such blood and hair to be collected and deposited in a sufficient number of receptacles of approved pattern, properly constructed of non-absorbent material and furnished with closely fitting covers, and he shall cause the contents of such receptacles to be removed from the slaughter-houses at least once in every twenty-four hours. He shall cause such receptacles to be thoroughly cleansed immediately after they have been used for such collection and removal and shall cause every such receptacle which is not in actual use to be kept thoroughly clean.

42. Fees in accordance with the following scale shall be paid. by the owner of any animal to be slaughtered:

Cattle (including calves)

40 cents per head.

Sheep and goats

Swine

20

30

"

The fee shall in all cases be payable on admission to the slaughter- house.

Marking and transport of carcases.

43. The Colonial Veterinary Surgeon may cause such stamps or other instruments to be made for the purpose of establishing a special mark for beef, mutton, and pork before such carcases leave the slaughter-house, in order to show that such carcases are fit for human food, and may change or alter such mark, and every such mark for the time being in use at any slaughter-house under the authority of the Colonial Veterinary Surgeon shall be the official mark within the meaning of this by-law.

44. Carcases shall be conveyed from the slaughter-houses to the markets in wheeled and covered vehicles or in boats in which the carcases shall be hung.

45. If any Food Officer or officer of the Sanitary Department at any time discovers in any vehicle or boat conveying carcases from the slaughter-houses to the markets any carcase or part of a carcase of beef, mutton, or pork not bearing the official mark aforesaid, he is authorised to seize it, and the Colonial Veterinary Surgeon may order it to be destroyed and no compensation shall be payable to any person in respect of such destruction.

112

Slaughter-houses at Shamshuipo, Shaukiwan and Aberdeen.

46. The respective lessees of the privilege of slaughtering swine in the slaughter-houses at Shanshuipo, Shaukiwan and Aberdeen shall provide all the persons necessary for the purpose of slaughtering such animals and dressing the carcases thereof, together with a sufficient supply of hot water, and shall have the same in readiness at all times for the persons making use of the slaughter-houses.

47. Each of the said lessees shall at all times allow any person to slaughter any such animal or dress any carcase for sale on payment to him of a fee not exceeding thirty cents for each animal besides the blood of such animal which the lessce may retain.

48. Each slaughter-house shall be provided with a hanging shed, in which the carcase of every animal slaughtered shall be hung as soon as it is dressed. Such carcases shall continue hanging in such shed until they are removed to the markets. Carcases when removed to the markets shall be conveyed in wheeled and covered vehicles or in boats in which the carcases shall be hung.

49. Each of the said lessees shall cause the means of ventilation and drainage provided in or in connexion with his slaughter-houses to be kept, at all times, in proper and efficient action.

50. Each of the said lessees shall cause the means of water supply provided in or in connexion with his slaughter-houses to be kept, at all times, in proper order.

51. Each of the said lessees shall provide a sufficient number of vessels or receptacles, properly constructed of some non-absorbent material and furnished with closely fitting covers, for the purpose of receiving and conveying from his slaughter-houses all blood, manure, garbage, filth or other refuse products of the slaughtering of such animal or the dressing of any carcase therein. He shall forthwith upon the completion of the slaughtering of such animal or the dressing of any carcase in the slaughter-houses cause such blood, manure, garbage, filth or other refuse products to be collected. and deposited in such vessels or receptacles, and he shall cause all the contents of such vessels or receptacles to be removed from the slaughter-houses at least once in every twenty-four hours. He shall cause every vessel or receptacle to be thoroughly cleansed immediately after it has been used for such collection and removal, and shal! cause every such vessel or receptacle when not in actual use to be kept thoroughly clean.

52. Each of the said lessees shall provide the proper instruments, appliances and utensils required for the purpose of slaughtering, and he shall cause all such articles to be thoroughly cleansed immediately, after the completion of the process of slaughtering in which they have been used, and he shall also cause every such utensil when not in actual use to be kept thoroughly clean.

53. Each of the said lessees shall cause every part of the internal surface of the walls and every part of the floor of his slaughter-houses to be kept, at all times, in good order and repair, so as to prevent the absorption therein of any blood or liquid refuse or filth which may be spilled or splashed thereon, or any offensive or noxious matter which may be deposited thereon or brought in contact therewith. He shall cause every part of the internal surface of the slaughter-houses above the floor to be either thoroughly washed with hot limewash or tarred, at least four times in every year. He shall cause every part of the floors of his slaughter-houses, and every part of the internal surface of every wall on which any blood or liquid refuse or filth may have been spilled or splashed, or with which any offensive or noxious matter may have been brought in contact during the process of slaughtering or dressing in such slaughter-houses, to be thoroughly washed and cleansed within three hours after the completion of such slaughtering or dressing.

54. The owner of any animal that is slaughtered shall cause the hide or skin, fat and offal of such animal to be removed from the slaughter-house within twenty-four hours after the completion of the slaughtering of such animal.

113

or

55. No lessee shall at any time keep any dog or cause suffer any dog to be kept in any of his slaughter-houses. He shall not at any time keep, or cause or suffer to be kept, in any slaughter- house any such animal of which the flesh may be used for the food of man, unless such animal be so kept in preparation for the slaughtering thereof upon the premises, and he shall not keep sucn animal or cause or suffer such animal to be kept in any slaughter- house for a longer period than may be necessary for the purpose of preparing such animal for the process of slaughtering. Ho shall cause animals kept in preparation for slaughtering to be confined in the stalls, pens or lairs provided on the premises for this purpose.

56. Each of the said lessees shall cause every animal, brought to any of his slaughter-houses and confined in any stall, pen or lair upon the premises previous to being slaughtered, to be provided during such confinement with a sufficient quantity of wholesome water.

57. Swine confined in the stalls, lairs or pens attached to the slaughter-houses shall have at least the following space allotted to them, viz:

Every pig

.8 square feet.

Objects and Reasons.

This is one of the series of Bills prepared to give effect to the recommendations of the Director of Medical and Sanitary Services.

It is designed to replace the food provisions of Ordinance No. 1 of 1903 and the by-laws made thereunder. The said Ordinance and by-laws are to be repealed by another Bill in the same series which will come into force simultaneously by Proclamation of the Governor.

August, 1934.

R. E. LINDSELL,

Attorney General.

-----

114

TABLE OF CORRESPONDENCE.

New Ordinance Section,

1

Ordinance

No. 1 of 1903 Section

2

6 (4)

2 (1)

6 (7)

2 (2)

2 (3).

6 (15A)

2 (4)

6 (18)

2 (5)

6 (19)

6 (23A)

2 (6)

2 (7)

6 (30)

2 (8)

20

2 (10)

2 (11)

3 (1) (3) & (4)

82

3 (2) (5) & (6)

4

Short title.

Interpretation.

Remarks.

The title of the Sanitary Board is.

changed to Urban Council.

"or medical practitioner" omitted. The supply of veterinary surgeons is sufficient.

"manufacture or" added as in F.M.S.

legislation.

This definition has been redrafted and is a combination of local and F.M.S. enactments.

But water is not excluded from the new definition as water is sold as a commodity by water boats.

New

New but adapted from F.M.S. pre-

cedents.

New. Compare definition of Eating

House.

New. Taken from F.M.S. Ordinance

No. 9 of 1913, s. 2.

83

16 (25)

These sub-sections are from section 4 (1) of F.M.S. Ordinance No. 9 of 1913.

But powers limited to officers speci- fied. D.M.S.S. substituted for Head of the Department etc., in sub-section (4).

"'establishment" added in first line and "advisable" substituted for "desirable" at end.

5 (1)

5 (2)

16 (30)

Revised and enlarged.

Adapted from F.M.S. precedents.

5 (3)

do.

5 (4)

5 (5)

16 (19)

Extended in accordance with F.M.S.

precedents.

5 (6)

16 (9)

Extended in accordance with F.M.S.

precedents.

རབ་

115

Table of Correspondence,-Continued.

Ordinance

New Ordinance Section.

No. 1 of 1903 Section.

Remarks.

5 (7)

5 (8)

5 (9)

5 (10)

5 (11)

5 (12)

5 (13)

5 (14)

6

2

7

17

Adapted from F.M.S. precedents.

do.

do.

do.

New.

do.

do.

do.

Redrafted.

and see Ordinance No. 31 of 1911,

s. 41 (2).

8 and 9

10

269

Adapted.

11

269

Adapted.

12

13

Dairies and Milk Shops.

Food Factories.

A. General.

New.

Amends the Miscellaneous Licences Ordinance, 1933, as necessitated by the transfer of the control of all hawkers to the Council.

Commencement.

SCHEDULE.

BY-LAWS.

B. Aerated water factories.

C. Bake-houses.

D. Food preserving

establishments.

Founded on the F.M.S. by-laws and

the existing Dairy by-laws.

Mainly adapted from the rules under F.M.S. Ordinance No. 9 of 1913.

Derived from the existing by-laws

under P.H. & B.O.

Adapted mainly from the existing

by-laws (P.H. & B.O.).

Adapted mainly from the existing

by-laws (P.H. & B.O.).

Food Shops.

Hawkers.

Markets.

116

Table of Correspondence,---Continued.

Restaurants & Eating-houses.

Slaughter-houses.

Reproducing in the main the present

conditions of special food licences. issued by the Sanitary Board.

Reproducing (with modifications) the "General" and "Hawkers" by- laws under the Miscellaneous Licences Ordinance, 1933.

Taken mainly from ss. 72 to 80 of the P.H. & B.O. and existing by- laws.

Adapted mainly from the existing eating-house by-laws (P.H. & B.O.), the application of certain of them to restaurants being new.

Adapted mainly from the relevant provisions (e.g. ss. 52 to 71) of the P.H. & B.O. and from the existing by-laws.

L

i

........

117

Notes on new draft of Public Health (Food) Bill.

s. 2

s. 5

s. 8

(4) "Dairy"- -"means and" omitted as unnecessary- "milk shop" deleted at request of H.S.D. and separately defined in (12), D.M.S.S. agreeing.

(7) "Food" amplified to cover live things.

11) "Market"-inserted here, instead of in by-laws. (12) "Milk shop" added-v. supra.

(2) redrafted-former phrasing was confused. "provisions", etc. omitted, since new definition of food is comprehensive. "the Council may deem" for "may be deemed".

(3) reworded.

(4) "and milk shops" added owing to new division. of milk establishments into dairies and milk shops. (6) "non-alcoholic beverages" for "soft drinks"- v. para 63 of Smith Committee's Report. "bake- houses" omitted as included in "food factories". (8) redrafted to include the control of all hawkers, as decided by X.C. on 11.10.34.

(10)-"food" for "fish, flesh or other provisions". (11) and (12)-"the prohibition of" for "pro- hibiting".

(13) "securing" for "to secure". (14)-added at request of H.S.D.

(15) former (14).

s.s. (2) added as agreed by D.M.S.S. and H.S.D.

s. 10 added = s. 269 of P.H. and B.O. 1903-at request

of D.M.S.S.

s. 11 also added≈s. 268 of P.H. and B.O. in order to

validate current licences.

s. 12 also added, to effect the amendments of the Miscellaneous Licences Ordinance, 1933, made neces- sary by the transfer of the control of all hawkers to the Council.

By-laws.

These have been re-arranged according to the alphabetical

order of their headings.

Dairies and Milk Shops.

Milk shops added to heading and where necessary in the

by-laws as desired by H.S.D.

By-law 2-"And the place or places the licensee intends to use as a dairy shall be entered therein" omitted, the same requirement appearing in by-law 7.

By-laws 4 and 12 added as in G.N. 69 of 1933 (see para 62

of Smith Committee's Report).

118

By-law 23--or Colonial Veterinary Surgeon" inserted in

5th line.

By-law 26 also added-see G.N. 214 of 1932 (it is not under- stood why these anti-spitting provisions were originally omitted).

Food Factories.

3

By-laws divided into four sections-- :

A. General.

B. Aerated Water Factories.

C. Bake-houses.

D. Food Preserving Establishments.

A. (General).

By-law 10-"or spit" omitted. See new by-law 15.

By-law 15 added--the full anti-spitting provisions of G.N.'s

55 etc. of 1932.

By-law 16 added-in accordance with resolution of Sanitary

Board passed on 9.10.34.

C. (Bake-houses).

By-law 19 omitted on suggestion of H.S.D.-sleeping on

such premises being provided for by new A-General- by-law 16.

By-laws 12-13-14 omitted-the anti-spitting provisions being

contained in by-law 26 of A.-General.

Schedule-Form of Application--"bake-house" for "public

bakery".

D. (Food Preserving Establishments).

By-law 4 (5) (6) and (7) re spitting also omitted for same

reason as above.

Food Shops.

New by-laws drafted by H.S.D. in consultation with M.O.H. and C.V.S. and based mainly on the conditions of special food licences issued by the Sanitary Board.

Hawkers.

By-laws transferred (with slight amendments here and there) from the Schedule of the Miscellaneous Licences Ordinance, 1933, as the result of the X.C's. decision on 11.10.34.

By-law 1.

Markets.

Definition of "Market" omitted transferred to s. 2 of Bill.

By-laws 6-7-8--redrafted as desired by H.S.D. and agreed

by D.M.S.S.

119

In by-law 6 (5) (Urban) "Council" has been substituted for

"Governor".

By-law 6 (3) is new.

Former by-laws 10 and 11-omitted-transferred to Food

Shops by-laws (by-law 3).

By-law 39 (old 41)-"Subject to the provisions of by-law 40" added at beginning, and old by-law 43 (now 40) transposed to follow immediately.

By-law 44 (old 47)--"Chairman of Council" added.

Restaurants and Eating Houses.

By-law 4-Hong Kong area extended and proviso re "pro

rata" payment added at end as desired by H.S.D.

By-law 6-in English letters and in Chinese characters" for

"in letters" in 3rd line.

By-law 10-redrafted as desired by H.S.D.

By-law 18-redrafted with approval of H.S.D.

Slaughter-houses.

By-law 2-first 2 lines omitted = first 2 lines of s. 58 of P.H. and B.O. but should not be included. Such Government action cannot be required by a by-law.

By-law 6-his lease or" inserted before "any part thereof".

>

By-law 11-(a) "Chairman of Council" added.

(b) new-added as desired by H.S.D. and agreed

by D.M.S.S.

By-laws 12-13-14-omitted as overlapping with s. 46 of the

Animals and Birds Bill.

By-law 40 (3) (now 37)---amended to conform with G.N. 494

of 1934.

By-law 51 (now 48)-last clause redrafted.

By-law 60 (now 57)-8 square feet" for "4 superficial feet"

as suggested by C.V.S. and agreed by D.M.S.S.

By-law 61 (old)--omitted, the same provision being contained

in (general) by-law 18.

General.-many other minor amendments of wording and

punctuation have been made.

N.B. It is to be observed that under s. 8 the general maximum penalty for an infringement of any provision of the Ordinance or by-laws is $500 or 6 months, whereas under s. 65 of the Animals and Birds Bill, which includes provisions re Animal depots etc. (section 45 f.) very similar to those of the Slaughter-house by-laws, the maximum penalty is $50 only.

C.S.O. 3090/25.

120

---___.com

[No. 8/30-13.10 34-11.]

A BILL

Short title.

Interpreta- tion.

Regulations.

INTITULED

An Ordinance to make better provision for the Sale of Food and Drugs in an unadul- terated state.

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

1. This Ordinance may be cited as the Adulterated Food and Drugs Ordinance, 1934.

2. In this Ordinance,

"Analyst" means the Government Analyst or an analyst appointed by the Governor for the purposes of this Ordinance;

"Appliance" includes the whole or any part of any utensil, machinery, instrument, apparatus or article used or intended for use in or for the making, keeping, preparing or supplying of any food;

66

Drug" means any substance or mixture of sub- stances used by man as a medicine, whether internally or externally, and includes anæsthetics;

"Food" includes every article which is used for food or drink by man or which enters into or is used in the composition or preparation of any such article and also includes flavouring matters and condiments but does not include drugs or water other than water in the form of ice ;

"Officer" means any person authorised in writing by the Urban Council on the recommendation of the Director of Medical and Sanitary Services for the purposes of this Ordinance;

"Package" includes every means by which goods for carriage or for sale are cased, covered, enclosed, contained or packed ;

"Sale" or "sell" includes barter and also in- cludes offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending or delivering for sale or causing or allowing to be sold, offered or exposed for sale and refers only to sale for human consumption or use.

3.-(1) It shall be lawful for the Governor in Council to make regulations for the following pur-

poses :-

(a) to prescribe the standard of strength, weight, quality or quantity of any food or drug or of any ingredient or component part thereof; (b) to prohibit the addition of any specified thing or of more than the specified quantity or proportion thereof to any food or drug;

(c) to prohibit any modes of manufacture, pre- paration or preservation of any food or drug;

:

121

(d) to secure the cleanliness and freedom from contamination of any food or drug in the course of its manufacture, preparation, stor- age, packing, carriage, delivery or exposure for sale, and to secure the cleanliness of places, receptacles, appliances and vehicles used in such manufacture, preparation, stor- age, packing, carriage or delivery;

(e) to prescribe the mode of labelling food or drugs sold in packages and the matter to be contained or not to be contained in the labels;

(f) to prescribe the method of analysis of any food or drug and the form of certificate of analysis;

(g) to fix the fees to be paid in respect of the

analysis of any food or drug by an analyst ; (h) to prohibit the sale of specified articles of

food otherwise than by weight; and

() generally for carrying out the provisions of

this Ordinance.

(2) Any such regulation may be made applicable either to foods or drugs generally or to specified foods or drugs only.

(3) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legis- lative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

4. (1) Any officer may

Power of

officers to

(a) at all reasonable times enter into and inspect enter, etc.

any place where there is any food or drug which he has reasonable ground for believing to be intended for sale;

(b) mark, seal or otherwise secure, weigh, count or measure any food or drug the sale, pre- paration or manufacture of which is or appears to be contrary to the provisions of this Ordinance or the regulations made there- under;

(c) seize any food or drug, wherever found, which is or appears to be unwholesome or dele- terious to health;

(d) if authorised so to do by the Director of Medical and Sanitary Services, destroy any food or drug, wherever found, which is decay- ed or putrid;

(e) inspect any food or drug, wherever found, which he has reasonable ground for believing to be intended for sale.

(2) Any person claiming anything seized under this section may within forty-eight hours after such seizure complain to a magistrate who may either confirm or disallow such seizure wholly or in part and may order the article seized to be restored.

Power to demand, select and

122

(3) If within forty-eight hours after such seizure no complaint has been made or if such seizure is con- firmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

5.--(1) On payment or tender to any person selling or making any food or drug or to his agent or servant take samples. of the current market value of the samples in this section referred to, any officer may at any place demand and select and take or obtain samples of the said food or drug for the purpose of analysis.

Any person may have sample

analysed.

Samples

how taken.

Certificate

of analyst.

(2) Any such officer may require the said person or his agent or servant to show and permit the inspec- tion of the package in which such food or drug is at the time kept and to take therefrom the samples demanded.

(3) Where any food or drug is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the con- tents of such package.

(4) Every person commits an offence who refuses or neglects to comply with any demand or requisition made by an officer in pursuance of this section unless he

proves that he had no knowledge or reason believe that the sample demanded was required for the purpose of analysis.

to

6. Any person may, on payment of the prescribed fee together with the cost of the sample, require any officer to purchase a sample of any food or drug and submit the same for analysis.

7.-(1) Where it is intended to submit any sample. for analysis, the officer purchasing or otherwise pro- curing it shall, before or forthwith after procuring it, inform the seller or his agent selling the article that he intends to have the same analysed by an analyst.

(2) He shall thereupon divide the sample into three parts and shall mark and seal or fasten up, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent.

(3) He shall subsequently deliver, personally, an- other of such parts to an analyst and shall retain the third of such parts.

(4) When any sample for analysis is procured in an unopened package, the officer procuring the same shall retain such package and at the time of delivering a part of the sample to an analyst shall also deliver to him such package together with any label which may have been attached to the said package at the time it was procured.

8.-(1) The certificate of the analyst shall be in the form prescribed by regulations.

(2) Where any method of analysis, chemical or physical, has been prescribed by regulations for the analysis of any food or drug, any analyst either for the prosecution or defence shall follow and shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.

123

(3) A copy of the result of any analysis of any food or drug procured by an officer may be obtained from the analyst by the person from whom the article. so analysed was purchased or obtained on payment of such fee, not exceeding one dollar, as may be prescribed.

(4) No such copy of an analysis shall be used as an advertisement and if any person so uses it he commits an offence.

information.

9.-(1) If in the opinion of any officer there is rea- Power to sonable ground for suspecting that any person is in call for possession of any food or drug or other substance for the purpose of sale or of manufacturing or preparing the same for sale in breach of this Ordinance or the regulations. made thereunder, he may require such person to pro- duce for his inspection or to produce to any specially authorized officer any books or documents dealing with the reception, possession, purchase, sale or delivery of any such food or drug or other substance.

(2) Any officer may make or cause to be made copies of or extracts from any such books or documents, and such copies or extracts certified as such by any specially authorized officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts.

(3) Every person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence.

(4) Every officer who does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section or who communicates any such matter to any person whomsoever except for the purpose of carrying into effect the provisions of this Ordinance shall be liable to a fine not exceeding five hundred dollars.

Offences and penalties, etc.

10.-(1) Every person commits an offence who Offences. sells any adulterated food or adulterated drug without fully informing the purchaser at the time of the sale of the nature of the adulteration, unless the package in which it is sold has conspicuously printed thereon a true description of the composition of such food or drug.

(2) Every person commits an offence who sells any food or drug in any package which bears or has attached thereto any false or misleading statement, word, brand, label or mark purporting to indicate the nature, quality, strength, purity, composition, weight, origin, age or proportion of the article contained in the package or of any ingredient thereof.

(3) Every person commits an offence who sells any food or drug containing any substance the addition of which is prohibited by any regulation made under this Ordinance.

(4) Every person commits an offence who sells any food or drug containing a greater proportion of any substance than is permitted by any regulation made under this Ordinance.

(5) Every person commits an offence who sells any food which contains methylated alcohol.

Interference with official marks.

General penalty.

Forfeiture

of food or drug upon conviction.

Notification of conviction in news- papers.

Adulteration.

124

(6) Every person commits an offence who sells any food which is unsound or unfit for human consump- tion.

(7) Every person who commits any offence men- tioned in this section shall for the first offence be liable to a fine not exceeding five hundred dollars and for any subsequent offence under this section, whether of the same or a different nature, to a fine not exceed- ing two thousand dollars.

11. Every person who without authority opens, alters, breaks, removes or erases any mark, fastening or seal placed by any officer in pursuance of the pro- visions of this Ordinance upon any food or drug or upon any package, place, door or opening containing or affording access to any food or drug commits an offence and shall be liable to a fine not exceeding two hundred and fifty dollars.

12. Every person who commits an offence against this Ordinance or the regulations made thereunder for which no penalty is otherwise expressly provided shall be liable to a fine not exceeding two hundred and fifty dollars.

13.-(1) In the case of any conviction under this Ordinance the magistrate may order that any food or drug to which the conviction relates and any similar food or drug found on the defendant's premises or in his possession at the time of the commission of the offence, together with all packages containing the same, shall be forfeited to the Government.

(2) Everything so forfeited to the Government shall be disposed of as the Director of Medical and Sanitary Services directs.

14. A notification of the name and occupation of any person who has been convicted of any offence against this Ordinance together with his place or places of business, the nature of the offence and the fine, forfeiture or other penalty inflicted shall, if the magistrate so orders, be published in any newspaper circulating in the Colony.

Presumptions of law.

15. For the purposes of this Ordinance any food or drug shall be deemed to be adulterated if-

(a) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such article in a pure and normal state and in an undeteriorated and sound condition, or which in any other ma ner operates or may operate to the prejudice or disadvantage of the purchaser or con-

sumer;

(b) any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the nutritive or other beneficial properties of the article as sold are less than those of the article in its pure and normal state, or the purchaser or consumer is or may be in any manner prejudiced; (c) it contains or is mixed or diluted with any substance of lower commercial value than

125

such article in a pure and normal state and in an undeteriorated and sound condition;

(d) it does not comply with the standard therefor prescribed by any regulation made under this Ordinance.

16. Where any food or drug in connection with Liability of which there is a breach of any provision of this Ordi- importer or nance is sold in an unopened package, any person who manufacturer. appears from any statement thereon or attached thereto to have imported or manufactured or prepared such food or drug or to have enclosed it in such package shall, unless he proves the contrary, be deemed to have so imported, manufactured, prepared or enclosed the same and shall be liable to the same fine as if he had actually sold the same.

17. For the purposes of this Ordinance every person Sale by agent shall be deemed to sell any food or drug who sells the or servant. same either on his own account or as the agent or servant of any other person, and in the case of any sale by an agent or servant his principal or employer shall be under the same liability as if he had effected the sale personally.

18.-(1) When any food or drug is sold or exposed Presumptions or offered for sale, it shall, unless the contrary is as to sale proved, be deemed to be sold or exposed or offered for sale for human consumption or use.

(2) The purchase and sale of a sample of any food or drug under the provisions of this Ordinance for the purpose of analysis shall be deemed to be a purchase and sale of such food or drug for human consumption or use unless the seller proves that the bulk from which such sample was taken was not offered, exposed or intended for sale for human consumption or use.

(3) For the purposes of this Ordinance every person shall be deemed to sell or to intend to sell any food or drug if he sells or intends to sell for human con- sumption or use any article of which such food or drug is a constituent.

Legal proceedings and evidence, etc.

for human consumption

or uso.

19.-(1) All proceedings in respect of an offence Proceedings against this Ordinance shall be taken in a summary for offences. manner before a magistrate.

(2) The summons in any such proceedings shall not be made returnable in 'less than fourteen days from the day on which it is served.

(3) There shall be served with the summons a copy of the analyst's certificate (if any) on which the pro- secution is based.

committed.

20. In a prosecution for selling any food or drug No defence contrary to the provisions of this Ordinance or of any that offence regulation made thereunder it shall be no defence that not wilfully the defendant did not act wilfully unless he also proves that he took all reasonable steps to ascertain that the sale of the article would not constitute an offence against the Ordinance or regulation.

21. (1) Subject to the provisions hereinafter in Reliance on this section contained it shall be a good defence in written any prosecution for an offence under section 10 if the warranty a

good defence. defendant proves that he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the articles pur- chased, signed by or on behalf of the person from whom the defendant purchased the same, and that, if

Analyst's certificate to be

prima facie evidence.

Magistrate may order independent analysis.

Non-disclo-

sure of information.

126

the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.

(2) No warranty or other written statement given or made by a person resident outside the Colony shall be

any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.

(3) No warranty or other written statement shall be any defence under this section if it is proved that the defendant knew or had reason to suspect that the article sold did not conform to such warranty or state- ment.

(4) No warranty or other written statement shall be any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.

(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.

22.--(1) A certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.

(2) In like manner a certificate of analysis purport- ing to be under the hand of an analyst shall, on pro- duction thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.

(3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper.

23. When a sample has been dealt with in accord- ance with section 7 the magistrate shall on the request of either party to such proceedings and may if he thinks fit without such request order that the part of the sample retained by the officer be submitted to another analyst for analysis.

24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information; and no officer appearing as -a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any state- ment in relation thereto.

127

incidental to

25.-(1) Where any person is convicted of an Recovery of offence under this Ordinance, the magistrate may fees and other order that all fees and other expenses incident to the expenses. analysis of any food or drug in respect of which the prosecution. conviction is obtained (including an analysis made under section 23) shall be paid by the person con-

victed.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

26. The Sale of Food and Drugs Ordinance, 1896, Repeal of is repealed.

Ordinance No. 8 of 1896.

27. This Ordinance shall not come into operation Commence- until such date as the Governor shall notify by pro- ment. clamation as the date of the commencement of this Ordinance.

Objects and Reasons.

1. The object of this Ordinance, which follows very closely the provisions of the Sale of Food and Drugs Enactment. No. 9 of 1913, of the Federated Malay States, is more effectively to safeguard the public with regard to articles of food. A table of correspondence explaining the difference between the Ordinance and the Enactment is attached.

2. Furity, cleanliness of manufacture, freedom from adulteration and contamination, correct labelling and pro- per constituents of food are to be obtained by conformation with regulations made for that purpose (s. 3).

3. The enforcement of the provisions of the proposed Ordinance is to be placed in the hands of persons specially authorized for the purpose by the Urban Council on the recommendation of the Director of Medical and Sanitary Services.

4. These persons are given special powers to inspect food wherever it may be, if the persons so authorized have reason to believe it is intended for sale. They have also power to seize food which appears to be unwholesome and to destroy decayed or putrid food (s. 4).

5. The person claiming any food seized has 48 hours to complain to a magistrate who shall hear and determine the complaint.

6. The taking of samples of food or drugs and the analysis of the same is provided for.

7. Power is given to call for documents and information dealing with the purchase and possession of food (s. 9).

8. The sale of adulterated food, unless the nature of the adulteration is fully disclosed, is an offence,

9. A list of offences is set out in s. 10.

10. Adulteration is deemed to have taken place under certain circumstances (s. 15).

11. The liability of importers is dealt with in s. 16. 12. An agent or servant selling is liable as the seller, and his principal is also liable (s. 17).

13. Food or drugs exposed for sale are deemed until the contrary is proved to be for human consumption (s. 18).

14. Legal procedure and evidence are dealt with in the latter part of the Ordinance.

15. The Ordinance repeals the Food and Drugs Ordi- nance, 1896, (Ordinance No. 8 of 1896).

August, 1934

R. E. LINDSELL,

Attorney General.

128

TABLE OF CORRESPONDENCE

between the draft Adulterated Food and Drugs Ordinance and Enact- ment No. 9 of 1913 of the Federated Malay States which has been taken as a model.

F. M. S.

Adulterated

Food

Enactment and Drugs

No. 9 of

1913.

Section.

Ordinance,

1934. Section.

Remarks.

1 (1)

1

Short title.

2

27

"Adulterated"

substituted for

3

"Sale of" as another Bill in this series-the Public Health (Food) Bill-deals with other aspects of the sale of food.

Government Analyst included in definition of Analyst. In definition of Officer "authorised in writing by the Urban Council on the recommendation of the Director of Medi- cal and Sanitary Services" substituted for "appointed by the Chief Secretary to the Government".

Sub-section (1) (i) of model dealing with fines for breach of rules omitted as breach of regulations is dealt with in section 12 of the H.K. Ordinance. Sub-section (3) redrafted to conform with the standard H.K. form. Section 3 of the model is omitted. Public servants are defined by Ordinance No. 31 of 1911, s. 39 (10).

'or the regulations made thereunder" added in

sub-section (1) (b).

Sub-section (2) simplified.

Sub-sections (4) and (5) of the model omitted.

4

4

5

5

6

6

7

7

8

8

9

10

10

11

11

12

12

13

13

14

14

15

15

"personally" substituted for

"substituted for "cither personally or by registered letter" in sub-section (3).

Sub-section (4) is not in the model.

"or the regulations made thereunder" added in sub-section (1). References to the Principal Medical Officer omitted in sub-sections (1) and (2).

Proviso at end of sub-section (7) and sub-section

(8) of model omitted.

or the regulations made thereunder" added.

$250 substituted for $200.

or vessel" omitted in sub-section (1).

D.M.S.S. instead of Chief Secretary in sub-

section (2).

>

F. M. S. Enactment

No. 9 of

1913. Section.

129

Table of Correspondence,-Continued.

Adulterated

Food and Drugs

Ordinance,

1934. Section.

Remarks.

16

17

17

65

16

or drug" added twice.

18

18

19

19

20

20

21

21

22 23

23

Magistrate' substituted for "Court before which any proceedings for an offence against this Enactment are had".

222

22

26

22

27

Repeal of Ordinance No. 8 of 1896. Section 26

of the model is omitted.

Appeals from

magistrates are dealt with in the Magistrates Ordinance No. 41 of 1932.

Commencement.

24

2223

25

1

24

25

228

130

[No. 4-5.11.34.-9.]

A BILL

Short title.

INTITULED

An Ordinance to amend and consolidate the law relating to Quarantine and the Prevention of Disease among human beings.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Public Health (Quarantine and Prevention of Disease) Ordinance, 1934.

Part I.

GENERAL.

Aerodrome.

Aircraft.

Authorised aerodrome.

Building.

Circum- scribed

case.

Contact.

Interpretation.

2.-(1) In this Ordinance :-

"Aerodrome" means a place set apart for the arrival and departure of aircraft and includes a place for the landing of hydroplanes (and similar craft) on water. Whatever relates in this Ordinance to aerodromes is to be understood to apply mutatis mutandis to places for the landing of hydroplanes (and similar craft) on water.

6 6

'Aircraft" includes any machine which can derive sup- port in the atmosphere from the reactions of the air and is intended for aerial navigation.

"Authorised aerodrome" means any aerodrome declared by the Governor in Council by notification in the Gazette to be an authorised aerodrome on which aircraft may make their first landing on entering the Colony and which they may make their place of departure on leaving the Colony.

"Building" includes any house, hut, shed or roofed enclosure, whether needed for the purpose of human habitation or otherwise, and also any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge.

"Circumscribed case" means either a case of infectious disease originating in a quarantine station or an imported case which has been immediately isolated in a quarantine station or a case occurring in a new arrival during the period of his quarantine or surveillance.

"Contact" means any person who has been or is likely to have been exposed to the risk of contracting an infectious dis-

ease.

131

Vessel.

"Contact vessel" or "Contact aircraft" is a vessel or Contact aircraft which has come from or been in contact with an infected port, and which has not been granted free pratique in Hong Kong.

"Council" means the Urban Council, unless some other Council. Council is indicated.

"Crew" includes any person who is on board any vessel Crew. or aircraft not for the mere purpose of being carried from one place to another, but who is employed in some way in the service of the vessel or of persons on board or of the cargo.

"Day" means an interval of twenty-four hours.

"Delouse" means to render free from lice.

"Deratise" means to render free from rats.

Day.

Delouse.

Deratise.

"Disease" means any malady of an infectious or contagi- Disease. ous nature dangerous to mankind and includes leprosy and rabies but does not include any venereal disease.

"Disinfect" means to destroy or remove the germs of Disinfect.

disease.

"Disinsectise" means to render free from insects.

Disinsectise.

Officer.

"Health Officer" includes the Director of Medical and Health Sanitary Services, any medical officer appointed by the Governor as a Health Officer or Port Health Officer, and any officer for the time being performing the duties of a Health Officer or Port Health Officer.

"Immigrant" includes:----

(a) any person arriving in the waters of the Colony as a deck, steerage or third class passenger on board a steamship or motor ship or as a passenger on board any other vessel with the intention of landing in the Colony;

(b) a third class passenger who enters the Colony by train.

Immigrant.

"Infected" means infected with the germs of infectious Infected.

disease.

"Infected area" means any area which has been declared Infected by the Governor in Council by notification in the Gazette to be area. an infected area from the date of such declaration until the date of withdrawal of such declaration in the Gazette.

Infected

"Infected place" or "Infected port" means any place or Infected port which has been declared by the Governor in Council to place. be an infected place or port from the date of such declaration port. until the date of withdrawal of such declaration.

disease.

"Infectious disease" means any of the following diseases, Infectious namely, plague, cholera, smallpox, yellow fever, typhus, cerebro-spinal meningitis, measles, chickenpox, diphtheria and enteric, and any other disease which the Governor in Council. shall by notification in the Gazette declare to be included within the said expression.

"Medical practitioner" means a registered practitioner Medical within the meaning of the Medical Registration Ordinance, Ordinance

1884.

"Port" includes sea-port, river-port and air-port.

Practitioner.

No. 1 of 1884.

Port.

Port Health

Officer.

Premises.

Quarantine.

132

"Port Health Officer" includes the Health Officer of the Port, the Second Health Officer of the Port and any other Health Officer or Medical Officer for the time being perform- ing the duties of a Port Health Officer.

"Premises" includes any land, building, structure of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch or place open, cover- ed or enclosed, or cesspool or foreshore, and also any vessel lying within the waters of the Colony.

"Quarantine" or "Observation" means the compulsory Observation. detention in isolation for the purpose of and under the pro- visions of this Ordinance and the regulations made thereunder of any vessel, person, animal or thing, so that it or they shall have no communication with any other vessel, person, animal or thing or with any other place except in accordance with the said Ordinance and regulations.

Quarantine anchorage.

Quarantine station.

Quarantin- able diseases.

Sanitary aerodrome.

Surveillance.

Vessel.

Vessels or aircraft when regarded as infected.

"Quarantine anchorage" means that area of the Harbour which has been appointed for the time being for the detention in isolation of vessels undergoing quarantine and which has been declared a quarantine anchorage by Ordinance or by the Governor in Council.

"Quarantine station" means any place where quarantine or observation is carried out and includes an infectious dis- eases hospital and any place declared by the Governor in Council to be a quarantine station or a sanitary station.

"Quarantinable diseases" means plague, cholera, yellow fever, typhus or smallpox.

"Sanitary aerodrome" means an authorised aerodrome declared by the Governor in Council to be a sanitary aero- drome.

"Surveillance" means that persons subject thereto are not isolated, and that they may move about freely on condition that they sign a bond pledging themselves to submit. to medical examination daily or as often as may be required by the Health Authorities of the several places whither they are bound, such authorities being notified by the Health Officer of the advent of the persons in question and of the conditions under which they have been given their freedom.

"Vessel" includes any ship, boat or other description of vessel used in navigation.

(2) A vessel or aircraft shall be regarded as "infected". (a) in respect of plague :-

(i) if it has a case of plague on board;

(ii) if a case of plague broke out on board more than six

days after embarkation of the person affected; or

(iii) if plague-infected rats are found on board.

(b) in respect of cholera :---

(i) if there is a case of cholera on board; or

(ii) if there has been a case on board during the five days previous to the arrival of the vessel.

(c) in respect of smallpox :

if it has on arrival or has had during the voyage any case of this disease on board.

!

133

(d) in respect of typhus :-

if it has on arrival or has had during the voyage any case of typhus on board.

(e) in respect of yellow fever :-

(i) if there is a case of yellow fever on board; or

(ii) if there was a case on board at the time of departure or during the voyage.

(f) in respect of infectious disease other than the

above :-

if there is a case on board.

(3) A vessel or aircraft shall

shall be regarded as Vessels or 'suspected".

(a) in respect of plague :-

(i) if a case of plague broke out on board in the first six days after embarkation of the person affected; or

(ii) if there has been an unusual mortality on board among rats the cause of which has not been determined.

(b) in respect of cholera :-

if there has been a case of cholera on board at the time of departure or during the voyage, but no fresh case during the five days previous to arrival.

(c) in respect of yellow fever :-

(i) if having had no case of yellow fever on board it arrives after a voyage of less than six days from an infected port or from a port in close relation with any endemic centre of yellow fever; or

(ii) if having had no case of yellow fever on board it arrives after a voyage of more than six days and there is reason to believe that it may carry winged stegomyia (Aedes Egypti) from any such port.

aircraft when regarded as suspected.

(4) A vessel or aircraft shall be regarded as "contact" if Vessels or it has come from or been in contact with an infected and has not been granted free pratique in Hong Kong.

port when

aircraft

regarded

as contact.

Duration of

3. The period of incubation for the purposes of this Ordinance shall be five days in the case of cholera, six days period of in the case of plague or yellow fever, twelve days in the case of typhus and fourteen days in the case of smallpox.

incubation.

of release from quar-

4. (1) Any person liable to be subjected to surveillance Conditions. shall, as a condition of being exempted from quarantine, give a written undertaking to a Health Officer to attend and submit to daily examination at such place and at such time as such Health Officer shall appoint.

antine of persons liable

to be subjected to surveillance.

(2) The undertaking shall be in the form in Schedule A. Schedule A. (3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordinance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

Conditions

from quar-

5.-(1) A Health Officer may require that any contact liable to be detained in quarantine shall, as a condition of of release being released from quarantine for the period for which he is antine of so liable, give a written undertaking

(a) to attend and submit daily to examination at such place and at such time as such Health Officer may appoint; and

contacts.

Schedule A.

Substitution of quar-

antine or observation for sur-

veillance.

Escape or evasion,

Power of Governor

in Council to make regulations.

134

(b) to submit to surveillance at a private residence under such conditions as such Health Officer may impose.

(2) The undertaking shall be in the form in Schedule A.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordinance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

6. In all cases where this Ordinance refers to "surveil- lance" a Health Officer may substitute quarantine or observation when the persons in question do not offer sufficient security that they will faithfully observe all the conditions of the undertaking which those who are granted surveillance are required to give. Such quarantine or observation may be carried out on board ship or in a quarantine station according to the exigencies of the case.

7.-(1) Any person who is authorised to be detained. under this Ordinance or any regulation made thereunder may in case of escape be arrested by:-

(a) any officer or servant of the hospital, reception place, isolated house or quarantine station from which the escape was made;

(b) any officer appointed under this Ordinance; or

(c) any police officer;

and may be again conveyed to and detained in the place. from which the escape was made or any other place authorised by a Health Officer.

(2) Any person who being subject to surveillance under this Ordinance or any regulation made thereunder fails to present himself for examination or to observe any term of his undertaking may be similarly arrested and detained to the satisfaction of a Health Officer.

(3) Any person who having been authorised to be detain- ed escapes or attempts to escape shall be guilty of an offence. against this Ordinance.

C

POWER TO MAKE REGULATIONS.

8.-(1) The Governor in Council may make regulations for the purpose of preventing the introduction into, the spread in and the transmission from, the Colony of any disease.

(2) Without prejudice to the generality of the provisions of sub-section (1) such regulations may provide:-

(a) for the appointment of Health Officers, Inspectors and other officers to carry out the provisions of this Ordinance or of any regulations or by-laws made thereunder, and for regulating their duties and conduct and for investing them with all powers necessary for the due execution of their duties;

(b) for prescribing the reporting to Government by medical practitioners or others of cases of disease;

(c) for prescribing and regulating the form and mode of service of delivery of notices and other documents;

135

(d) for prescribing the fees to be paid under this Ordi-

nance;

(e) for placing in quarantine vessels and aircraft arriving or being at any port or place within the Colony or the waters of the Colony, and for their management while in quarantine, and for granting certificates of the condition of vessels and aircraft or of the Colony or any part thereof in respect of disease;

(f) for the deratisation of vessels or aircraft;

(g) for the disinfection and disinsectisation of vessels, aircraft, persons, animals and things;

(h) for prohibiting either absolutely or conditionally, or for regulating, the importation, exportation or removal in the Colony of dead bodies;

(i) for prohibiting or regulating :-

(i) the admission of persons into or their movements within the Colony or their departure therefrom either absolu- tely or conditionally.

(ii) the importation of merchandise, food and drink;

() for establishing and maintaining quarantine stations for persons and for regulating the management of the same;

(k) for the detention and seclusion in a quarantine station or on board of persons, whether actually suffering from disease or not, arriving on vessels or aircraft subject to quarantine, and for the payment to Government of any costs and expenses charged or incurred for the medical attendance and mainten- ance of any such persons;

(1) for prescribing the measures to be taken for the prevention of the conveyance of infection by means of any vessel or otherwise from any area or port of the Colony, in- cluding :-

(i) the measures that shall be applied to vessels or air- craft before departure;

(ii) the measures that shall be taken to prevent the de- parture of persons infected with or suspected of being infected with plague, cholera, yellow fever, typhus or smallpox, and of persons in such relation with the sick as to be rendered hable to transmit the infection of these diseases;

(iii) the measures that shall be applied with respect to merchandise, articles or clothing infected or suspected of being infected;

(iv) the prohibition either absolutely or conditionally of the export of merchandise, or of articles of clothing infected or suspected of being infected;

(v) precautions with regard to drinking water and food- stuffs taken on board vessels, aircraft or trains and the water taken in as ballast by vessels;

(vi) measures for the prevention of access of mosquitoes to vessels or aircraft in the case of the prevalence of yellow fever;

(vii) measures for delousing typhus suspects before em- barkation; and

136

(viii) measures for the disinfection of clothes and rags before packing where smallpox is prevalent;

(m) for appointing, establishing and maintaining places for the sanitary control of aerial navigation and for prescribing the sanitary measures to be taken in respect thereof;

(n) for prescribing the liability of any person to defray the expenses connected with the enforcement of this Ordinance or any regulation made under this Ordinance, and for regulating questions of compensation in connection there- with; and

(o) for prescribing the fine with which the contravention of any regulation made under this Ordinance shall be punish- able, but so that no such fine shall exceed five hundred dollars.

(3) Without prejudice to the generality of the provisions of sub-section (1) and for the prevention of any epidemic, endemic, contagious or communicable disease, such regula- tions may also provide:-

(a) for the compulsory reporting of infectious disease;

(b) for entering and searching houses, buildings, rooms and other places in which the presence of diseased persons or persons dead of disease or contacts may be suspected and for the examination of the occupants;

(c) for prohibiting or regulating the movements of dis- eased persons or of persons suspected of being diseased or of

contacts;

(d) for the removal of diseased persons or persons sus- pected of being diseased to hospital or other places for medical treatment, and for their detention until they can be discharged with safety to the public, and for the temporary occupation of places required for the treatment of diseased persons or for the segregation of diseased persons or contacts;

(e) for prohibiting or regulating the removal of bedding, clothing, furniture or other articles which have been in the presence of a diseased person and which are reasonably sus- pected of being infected, and for the disinfection or destruction of the same;

(f) for ordering the vacation of, and for ordering or executing the cleansing and disinfection of, houses, buildings, rooms and other places which have been occupied by any dis- eased person, or which are suspected of being infected with disease, or which are overcrowded or otherwise in an insani- tary condition;

(g) for house to house visitation, cleansing and disinfec- tion;

(h) for the better prevention of the danger of the spread- ing of infection by rats by destroying them or minimising their numbers, and for the prevention of the passing of rats from the shore to vessels and aircraft and vice versa.

(i) for the disinfection and purification of infected vehicles;

() for the examination of the bodies of dead persons and the certification of the cause of death in cases where the cause. has not been certified by a qualified medical practitioner or where there is reason to suspect that the diagnosis made is not correct;

137

(k) for the speedy and safe disposal of the dead; and

(1) for such other matters as may appear to the Governor in Council advisable for the prevention or mitigation of disease.

(4) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and, if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without pre- judice to anything done thereunder, be deemed to be rescinded or amended as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

OFFENCES & PENALTIES.

9. If any person without lawful authority or excuse Offences does or omits to do anything which, under the provisions of generally. this Ordinance or the regulations made thereunder, he ought not to do or omit, or if he obstructs or impedes, or assists in obstructing or impeding, any Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty or disobeys any lawful order of any such officer as aforesaid, he shall be guilty of an offence against this Ordinance.

10. If any person is guilty of an offence against this Penalty. Ordinance or any regulation made thereunder for which no other penalty is provided, he shall be liable on summary conviction to a fine not exceeding two hundred dollars, and, if such offence be of a continuing nature, to a further fine not exceeding twenty dollars for every day during which such offence shall continue.

second or

11. A person convicted of any offence against this Increased Ordinance or any regulation made thereunder who is within penalty for a period of twelve months from the date of such conviction subsequent convicted of a second or subsequent like offence against this offence. Ordinance or any regulation made thereunder shall be liable to imprisonment for any term not exceeding two months either in addition to or in lieu of the fine authorised by section 10.

12.-(1) When a person is seen or found committing or Arrest. is reasonably suspected of being engaged in committing an offence against this Ordinance or any regulation made there- under, any Health Officer or police officer may, without warrant, stop and detain him, and if his name and address are not known may arrest him.

(2) If any person obstructs or impedes a Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty under this Ordinance or any regulation made thereunder, or assists

             assists in any such obstruction or impeding, he may be arrested by such IIealth Officer or other officer or police officer without warrant.

(3) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted.

Forfeitures.

Presumption of know-

ledge.

Measures prescribed to be under general

direction of Director of Medical and Sanitary Services.

Import of

noxious insects and pests.

Import of diseased

persons.

Declaration of infected port.

Medical inspection or

138

13. If any person lands or attempts to land or otherwise brings into the Colony any animal or thing in contravention of this Ordinance or of any regulation made thereunder, such animal or thing shall be liable to be forfeited: Provided that this section shall not apply to landing or bringing into a quarantine station any animal or thing under the instructions of a Health Officer.

14. When any occupant of a house in which a case of disease occurs, or any person in charge of a diseased person, is charged with an offence against this Ordinance relative to such disease, he shall be presumed to have known of the existence of such disease in such person unless and until he shows to the magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge.

15. The execution of the measures prescribed by this Ordinance and the regulations made thereunder shall be carried out under the general direction of the Director of Medical and Sanitary Services.

Part II.

THE PREVENTION OF THE INTRODUCTION OF DISEASE.

16. No person shall knowingly import into the Colony any living noxious insect, or any living pest, or any living germ or microbe of disease, or any bacterial culture, without the written consent of a Health Officer.

17. Every master of any vessel or aircraft who brings into the Colony any person suffering from leprosy or any infectious or contagious disease, or who removes any such person from one part of the Colony to the other, except on the order of a Health Officer, shall be deemed guilty of an offence against this Ordinance unless such master can show to the satisfaction of the magistrate that he had no reasonable means of knowing that such person was so suffering.

18. Whenever information is received that any quaran- tinable disease has broken out, or exists, or is reasonably sus- pected to exist, at any place or port without the Colony it shall be lawful for the Governor in Council to declare that such place or port is an infected place or infected port.

All declarations made under this section shall be notified in the Gazette.

19.

9.-(1) All persons coming from an infected place or examination port otherwise than by sea or air may be medically inspected

or examined by a Health Officer.

of arrivals

from infected places or ports otherwise

than by sea.

Any vessel or aircraft may be

visited by Health

Officer.

(2) The inspection or examination shall be conducted at such place as the Director of Medical and Sanitary Services shall approve.

(3) In the case of persons arriving by rail the railway au- thorities shall allow sufficient time and make due arrangements for the examination to take place.

20.--(1) Any vessel or aircraft arriving in the Colony may be visited by a IIealth Officer, who may exercise all or any of the powers vested in him by section 31, and shall deal with the vessel or aircraft in the manner prescribed by or under this Ordinance.

139

(2) Every master of such vessel or aircraft shall allow and assist on board without delay a Health Officer as soon as he comes alongside.

information

(3) The master or any other person having the control Master to of any vessel or aircraft shall give to a Health Officer, furnish officer in charge of aerodrome or Boarding Officer such to Health information about the vessel or aircraft and the voyage and Officer or Boarding the health of the crew and passengers and otherwise as the Officer. officer may require and shall answer truly and fully all the questions put to him by any such officer.

21. No infected, suspected or contact vessel shall enter Time the harbour limits before 6 a.m. or after 6 p.m. without the limits for permission of a Health Officer.

admission to harbour of infected, suspected and contact

vessels.

and contact vessels to

22.--(1) Every infected, every suspected and every con- Infected, tact vessel on entering the waters of the Colony shall display suspected the appropriate quarantine signal as prescribed by section 35, and shall not communicate with the shore until granted prati- fly quarantine que by the express written order of a Health Officer: Provided signal. nevertheless that any such vessel, which is on a voyage to any other place and which has held no unauthorised communication with the shore, may with the written consent of a Health Officer proceed on such voyage or tranship the passengers for the purpose of completing such voyage.

(2) The aforesaid quarantine signal shall not be lowered until a Health Officer has given free pratique.

23. Every infected, every suspected and every contact Vessels vessel shall, unless previously granted pratique, proceed at required to

proceed to

to the quarantine anchorage and shall not remove quarantine therefrom, except from stress of weather, until released by anchorage. order of a Health Officer. No vessel which is compelled to leave the quarantine anchorage from stress of weather shall communicate except by signals with the shore or with any other vessel, and such vessel shall return to the quarantine anchorage immediately such stress of weather has subsided: Provided that in case of stress of weather involving probable actual danger to the vessel the vessel may remove for a time, but shall be deemed nevertheless for all purposes to be subject to all other regulations applicable to such vessels.

24. The master of every vessel shall remove his vessc! Position at to any part of the quarantine anchorage as and when quarantine required by the Harbour Master.

anchorage determined by Harbour Master.

infected,

contact

25. Subject to the provisions of section 26, no person No com- other than a Health Officer, or persons in his boat, munication shall approach within thirty yards of an infected, suspected allowed with or contact vessel, or hold any communication except by suspected and signals with such vessel or with any person on board thereof, vessels. or receive or take any person or thing whatsoever, directly or indirectly, from the vessel or from any person on board thereof without having first received the express written permission of such Health Officer, and without observing such precautions as he may require.

Filot may

26. The pilot may board a vessel flying the quarantine flag for the purpose of taking it to the quarantine anchorage. board vessel In no case shall any member of his crew or other person board the vessel unless authorised by a Health Officer.

flying

quarantine

flag.

Landing of passengers before inspection prohibited.

Duty of guard of train to

-"140

27. No master of any infected, suspected or contact vessel bringing passengers into the Colony shall land or permit to land or to be landed from his vessel any such passengers until they have been inspected and passed by a Health Officer, and the master shall afford all reasonable facilities for enabling such inspection to be duly carried out. No master shall land or permit to land or be landed from his vessel at any place within the Colony any infected person except with the permission of a Health Officer, and any master from whose vessel any infected person is landed without permission shall, on demand from a Health Officer, forthwith remove such person from the Colony.

28.-(1) The guard of any train on which a case of quarantinable disease is present shall on arrival at the first station report the facts to the station master, who shall of infection. telephone or telegraph them to a Health Officer.

report cases

Duty of station master with regard to

and carriage.

the

(2) The station master shall detain the carriage in which the sick person is and all other occupants thereof for examina· tion by a Health Officer, and shall detach the carriage from infected case the rest of the train and keep it at the station until

examination has been made, or send the carriage to another station at which the examination can be more expeditiously carried out and from which the sick person and other persons may be more

more easily conveyed to a hospital or place of

Restriction

isolation.

(3) Any person suffering or suspected to be suffering from any such discase shall be removed to a hospital or place of quarantine and remain there until discharged by the officer in charge thereof.

     29. No infected, suspected or contact aircraft shall on landing land at any place in the Colony other than a sanitary or departure aerodrome, and no such aircraft shall leave such sanitary

aerodrome until released by order of a Health Officer.

of aircraft.

Sanitary aerodrome, restriction

of admis-

sion to and departure from.

Health

Officer to inspect infected, suspected

and contact vessels.

Declaration by Master and Surgeon.

Penalty

for untrue declaration.

30. No person other than a Health Officer or persons authorised by him shall enter or depart from a sanitary aero-

drome.

31. On the arrival of an infected, suspected or contact vessel at the quarantine anchorage, a Health Officer shall go on board and put to the master and surgeon, if any, or to any other person on board such questions as he deems necessary in order to ascertain the state of health of persons on board, the sanitary condition of the ship and cargo and the sanitary conditions of the port of departure or of inter- mediate ports touched at, and may require the presence for inspection and examination of all persons on board, and may inspect every part of the ship and demand to see the journal or log book and all ship's papers.

32.-(1) The master and surgeon of every such vessel as aforesaid shall make and sign before a Health Officer a true declaration as to the number of crew and passengers, the presence or prevalence of infectious disease on board or during the voyage, the number of deaths and such other particulars as may be required by such Health Officer.

(2) Any such declaration purporting to be signed by the master and surgeon shall be deemed to have been so signed, and any information therein contained, which shall

141

subsequently be found to be untrue, shall render such master or surgeon liable on summary conviction to a fine not exceeding one thousand dollars each and to imprisonment for any term not exceeding six months.

(3) Any master or surgeon who fails to make and sign a Penalty for declaration as herein required, shall be liable on summary con- viction to a fine not exceeding five hundred dollars.

failure to make declaration.

dealt with

33. A Health Officer, after making such an enquiry, Vessel to be inspection or examination, shall deal with such vessel as afore- according to said and the persons and things on board in the manner pro- provisions vided by this Ordinance or by the regulations made thereunder. Ordinance.

of this

34. Any master of a vessel or other person on board Penalties for who:-

preventing Fort Health Officer

(a) prevents or attempts to prevent a Health Officer from inspecting going on board such vessel;

(b) conceals from a Health Officer the true state of the health of the crew or passengers or other persons on board such vessel;

(c) refuses to answer or gives an untrue answer to any enquiry made by a Health Officer under this Ordinance;

(d) fails to produce the journal or log and ship's papers of such vessel or any of them on demand of a Health Officer;

(e) fails to present the crew and passengers for inspection when required to do so by a Health Officer;

(f) prevents or attempts to prevent a Health Officer from inspecting any part of the vessel,

shall be liable on summary conviction to a fine not exceeding five hundred dollars.

vessel.

Signals on

35. The master of every vessel undergoing quarantine shall display the appropriate quarantine signal which shall be vessels in

a) By day-

Q flag-signifying

Q flag over first substitute (QQ) signifying..... Q flag over L flag (QL) signifying..

(b) By night-

A red light over a white light-signifying.

"My ship is 'Contact' and I request free pratique.

13

"My ship is 'Suspected'."

My ship is 'Infected'."

"I have not received free pratique".

The two lights shall not be more than six feet apart.

quarantine.

Police to

things to

26. The Inspector General of Police and any officer whom Power of he may appoint for the purpose may order any person restrict move- leaving an infected, suspected or contact vessel or any ments of vessel in quarantine, or taking or sending any persons or thing persons or whatsoever from such vessel, to remain in, or return to, such and from vessel and may, by such necessary force as the case requires, vessels in

quarantine. compel any person neglecting or refusing to observe such order to obey the same.

Port Health Officer as

37. Whenever a Health Officer shall so require, Power of all passengers on board any vessel in quarantine or so many as he may direct shall be taken to a quarantine station and to passengers there kept and attended to for such a time as he may deem on board proper before allowing them to return on board the vessel or quarantine.

vessels in

142

---

Power of

infected

to be transferred to any other vessel or to land in the Colony, The period of detention shall in no case be greater than is permitted by this Ordinance or any regulation made there- under.

38. A Health Officer may detain in a quarantine detention of statio.., until such time as the disease is no longer com- municable to others, any person desirous of landing in the Colony who on arrival is found to be suffering from an

persons

desirous of landing.

Power of Health

Officer with regard to disposal of infectious corpse.

Trespasser

station may

infectious disease.

39. In the case of a vessel or aircraft in the waters of the Colony having on board the body of any person who has died from an infectious disease, the body shall be disposed of in such manner as may be ordered by a Health Officer; and the master of the vessel shall carry out such orders as such Health Officer may give him in relation to the disposal of the body.

40. Any person entering or landing on a quarantine m quarantine station without permission may be detained and kept under observation at his own expense for such period not exceeding fourteen days as a Health Officer may deem proper.

be detained.

Cost

Government

may be recovered

from owners or agents.

41. Any costs and expenses charged or incurred by the incurred by Government for the vaccination, inoculation, removal, medical attendance and maintenance of any person, whether on the ship's articles or not, who under this Crdinance or the regula- tions made thereunder is removed to any hospital or place from any vessel or aircraft for medical treatment or surveillance, or for the burial of any person who may die on any vessel or air- craft, or who dies after removal to hospital, or for the burial of any dead body found on board any vessel or aircraft, or for the cleansing and disinfection of any vessel or aircraft, or of the merchandise on board any vessel or aircraft, or of any part of the vessel or aircraft or of the merchandise, including the hire of the necessary labour, boot, junks and disinfecting appliances, shall be paid to Government by the owners or agents of the vessel.

Police to furnish #ssistance.

Exemption of postal

matter.

Duty of medical practitioner

and master

when a case of infectious disease dis- covered on

42. The Inspector General of Police shall furnish such police assistance as any Health Officer may require for the purpose of enabling him to exercise the powers vested in him by this Crdinance or the regulations made thereunder and to deal with vessels and aircraft and persons and things on board thereof in the manner prescribed by this Ordinance.

43. Nothing in this Ordinance or the regulations made. thereunder shall render liable to detention, disinfection or destruction any articles being part of any mails conveyed under the authority of the postal administration of any country, except in the case of such importation as is pro- hibited under section 16.

44. Should the surgeon of, or any medical practitioner visiting, any vessel or aircraft which is within the limits of the Colony find on board any infectious disease, such vessel or aircraft shall at once be considered as an infected vessel or aircraft under this Ordinance. It shall be the duty board vessel of such surgeon or medical practitioner to inform the master of the nature of the disease and notify the same in writing to a Health Officer. ΑΠ

All further action

action as

as regards the patient, the members of the crew, the passengers or the vessel aircraft shall be under the direction of

or Health Officer. The master of such vessel or aircraft shall

or aircraft.

a

143

at once take such steps as are necessary to inform a Health Officer of the facts of the case and shall display the appropriate Quarantine Signal, and shall not permit any further communi- cation with the shore, but shall wait for instructions from a Health Officer.

Duty of

master in case of sickness

45. In case any vessel in the waters of the Colony which carries no surgeon has on board any sickness, the nature of which the master is unable to determine, he shall at once hoist where no the call flag for medical assistance (letter M in the International surgeon is Code of Signals over the Code Pennant), shall take such measures as may be necessary to inform a Health Officer and shall await his directions.

carried.

of ships of

46. This Ordinance and the regulations made thereunder Internal shall not in any way interfere with the internal management of management any of His Majesty's ships or of foreign ships of war, or with war not to their freedom to proceed to sea, whenever the officer in be interfered command may deem such course requisite.

Plague Precautionary Measures.

with.

47. Plague infected vessels and aircraft shall be sub- Plague jected to the following measures:-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) All persons who have been in contact with the sick and those whom a Health Officer has reason to consider suspect shall be disembarked if possible. They may be sub- jected to observation, or to surveillance, or to observation followed by surveillance, provided that the total duration of these measures does not exceed six days from the arrival of the vessel.

(iv) Bedding, soiled linen, wearing apparel and other articles which, in the opinion of a Health Officer, are infected shall be disinsectised and if necessary disinfected.

(v) The parts of the vessel which have been occupied by persons suffering from plague or which in the opinion of & Health Officer are infected shall be disinsectised and if necessary disinfected

precaution-

ary measures in case of infected vessels or

aircraft.

discharge

48.-(1) A Health Officer may require deratisation Provisions before the unloading of cargo, if he is of opinion, having relating to regard to the nature of the cargo and the way it is loaded, of cargo. that it is possible to effect a total destruction of the rats before unloading. In this case a ship shall not be subjected to a new deratisation after unloading. In other cases the complete destruction of the rats shall be effected on board when the holds are empty. In the case of ships in ballast, this process shall be carried out as soon as possible before taking cargo.

(2) If the vessel is to unload a part of its cargo only and if a Health Officer considers that it is impossible to carry out complete deratisation, the said vessel may remain in port for the time required to unload that part of its

Plague precaution-

ary measures in case of Tected vessels or aucraft.

Plague precautions in case of contact vessels or aircraft.

Pratique.

Periodical

deratisation

of vessels

144

cargo, provided that all precautions, including isolation, are taken to the satisfaction of a Health Officer to prevent rats from passing from the vessel to the shore, either during unloading or otherwise.

(3) The unloading of cargo shall be carried out under the control of a Health Officer, who shall take all measures necessary to prevent the persons employed on this duty from becoming infected. Such persons shall be subjected to observation or surveillance for a period not exceeding six days from the time when they have ceased to work at the unloading of the vessel.

49. Plague suspected vessels and aircraft shall undergo the measures specified in section 47 (i) (iv) and (v) and in section 48. In addition the passengers and crew may be subjected to surveillance which shall not exceed six days reckoned from the date of arrival.

50. A vessel or aircraft shall be regarded as uninfected or healthy, notwithstanding its coming from an infected port, if there has been no human or rat plague on board either at the time of departure or during the voyage or on arrival, and if the investigations regarding rats have not shown the existence of any unusual mortality.

51. An uninfected or healthy vessel or aircraft shall be given pratique immediately with the reservation that a Health Officer may prescribe the following measures in con- nection therewith:-

(i) Medical inspection to determine whether the condition of the ship corresponds to the definition of an uninfected ship.

(ii) In exceptional cases and for wellfounded reasons. which shall be communicated in writing to the captain of the vessel, destruction of rats on board under the conditions. specified in section 48 (1).

(iii) Subjection of the passengers and crew to surveillance for a period not exceeding six days from the date on which the vessel left the infected port. The crew may be prevented during the same period from leaving the vessel except on duty of which a Health Officer has been notified.

52. All vessels and aircraft except those employed in national coastal service shall be periodically deratised, or be and aircraft. permanently so maintained that any rat population is kept

down to a minimum.

Cholera

Cholera Precautionary Measures.

53. Cholera-infected vessels and aircraft shall be sub-

precaution- jected to the following measures:-

ary measures

in case of

infected

vessels and aircraft.

(i) Medical inspection.

(ii) The patients shall be immediately landed and isolated.

(iii) The passengers and crew may be kept under observation or subjected to surveillance during a period not exceeding five days reckoned from the date of arrival.

145

(iv) Bedding, soiled linen, wearing apparel and other articles, including foodstuffs, which, in the opinion of a Health Officer, have been recently infected, shall be disinfected or destroyed at his discretion.

(v) The parts of the vessel or aircraft which have been eccupied by the patients or which are considered by such Health Officer as infected shall be disinfected.

(vi) Unloading of cargo shall be carried out under the supervision of such Health Officer, who will take al measures necessary to prevent the infection of the persons engaged in unloading. They shall be subjected to observation or to surveillance which shall not exceed five days from the time they cease unloading.

(vii) When the drinking water on board is suspected it shall be turned off and emptied out after being disinfected and shall be replaced, after disinfection of the tanks, by a supply of water of good quality.

(viii) Such Health Officer may prohibit the emptying into the port of water ballast which has been taken in at an infected port, unless such water ballast has first been dis- infected.

(ix) Such Health Officer may prohibit the emptying or discharge of human dejecta and of waste waters of the ship into the waters of the port unless such dejecta or waste waters have first been disinfected.

i

ary measures

54. Vessels or aircraft suspected of cholera shall be Cholera subjected to the measures prescribed under paragraphs (i), precaution. (iv), (v), (vii), (viii) and (ix) of the preceding section. The in case of passengers and crew may be subjected to surveillance for a vessels and period not exceeding five days from the date of arrival. aircraft.

suspected

bacteriolo-

55. If any vessel or aircraft has been declared infected Effect of or suspected only because of cases on board presenting the gical ex- clinical features of cholera and if two bacteriological examina- aminations. tions made with an interval of not less than 24 hours between them have not revealed the presence of cholera or any other suspicious vibrios, it shall be classed as uninfected.

ary measures

contact

56. A vessel or aircraft shall be regarded as uninfected Cholera if, although arriving from an infected port or having on board precaution- persons proceeding from an infected area, there has been no in case of case of cholera either at the time of departure from such vessels. infected port, during the voyage, or on arrival. Such vessel or aircraft may be subjected to the measures provided under paragraphs (i), (vii), (viii) and (ix) of section 53. In addition the passengers and crew may be subjected to surveillance during a period which shall not exceed five days from the date of arrival. The crew may be prevented during the same period from leaving the ship or sanitary aerodrome except on duty of which a Health Officer has been notified.

clinically

57.-(1) Cases presenting the clinical symptoms of Cases cholera in which no cholera vibrios have been found or in cholera to which vibrios not strictly conforming to the character of be classed cholera vibrios have been found shall be subjected to all measures required in the case of cholera.

as cholera.

Germ

carriers.

Smallpox precaution-

ary measures In the case of infected

vessels or aircraft

Smallpox precaution- ary measures

in the case of contact vessels or aircraft.

Ordinance

No. 12 of 1923.

Typhus precaution-

ary measures

in case of infected vessels or aircraft.

146

(2) Germ carriers discovered on the arrival of a vessel or aircraft may be treated in the same way as cases of disease.

Smallpox Precautionary Measures.

58. Smallpox infected vessels or aircraft shall be sub- jected to the following measures :-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and, isolated.

(iii) Other persons reasonably suspected to have been exposed to infection on board, who, in the opinion of a Health Officer, are not sufficiently protected by recent vaccination or by a previous attack of smallpox, may be subjected to vaccination or to vaccination followed by observation or surveillance, the period of observation or surveillance being specified according to the circumstances, but in any case not exceeding fourteen days reckoned from the date of arrival of the vessel or aircraft.

(iv) Bedding, soiled linen, wearing apparel and other articles which such Health Officer considers to have been re- cently infected shall be disinfected or destroyed at his dis- cretion.

(v) Those parts of the vessel or aircraft which have been occupied by persons ill with smallpox and which such Health Officer regards as infected shall be disinfected.

59. Vessels and aircraft which are not infected with smallpox but which come from a port declared to be infected with the disease shall be subjected to

subjected to the following

measures:

(i) Medical inspection.

(ii) Any passenger or member of the crew who is not protected by vaccination or by a previous attack of smallpox, and who has left a local area where smallpox is epidemic within the previous fourteen days before landing in the Colony, may be subjected to vaccination followed by surveillance.

Provided that nothing in this section or in section 58 shall derogate from the powers in respect of vaccination or deten- tion conferred by sections 17 and 18 of the Vaccination Ordin- ance, 1923.

Typhus Precautionary Measures.

60. Vessels or aircraft which during the voyage had, or at the time of their arrival have, a case of typhus on board shall be subjected to the following measures:-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked, isolated. and deloused.

(iii) Other persons reasonably suspected to harbour lice, or to have been exposed to infection, shall be deloused and may be subjected to surveillance during a period which shall not exceed twelve days from the date of the delousing.

(iv) Bedding, linen, wearing apparel and other articles which a Health Officer considers to be infected shall be disinfected.

147

(v) The parts of the vessel or aircraft which have been occupied by persons ill with typhus and which such Health Officer regards as infected shall be disinfected and disinsectised.

Yellow Fever Precautionary Measures.

61. Vessels or aircraft infected with yellow fever shall be Yellow subjected to the following measures:-

(i) Medical inspection.

r

fever pre- cautionary Djeasures in

case of infected

aircraft.

(ii) The sick shall be disembarked, and those of them vessels or whose illness has not lasted more than five days shall be isolated in such a manner as a Health Officer may direct to prevent the infection of mosquitoes.

(iii) Other persons who disembark shall be kept under observation or surveillance during a period which shall not exceed six days reckoned from the time of disembarkation.

(iv) A ship shall be moored at least 220 yards from the inhabited shore and at such a distance from other vessels as will render the access of mosquitoes improbable.

(v) The destruction of mosquitoes in all phases of growth shall be carried out on board, as far as possible before unloading of cargo. If the unloading is carried out before the destruction of mosquitoes, the persons employed shall be subjected to observation or surveillance for a period not exceeding six days from the time when they ceased unloading.

cautionary

fever pre-

62. Vessels or aircraft suspected of yellow fever may be ellow subjected to the measures specified in paragraphs (i), (iii), (iv) and (v) of section 61.

63. A vessel or aircraft shall be regarded as uninfected, notwithstanding its having come from a yellow fever infected port, if on arriving after a voyage of more than six days it has no case of yellow fever on board and either there is no reason to believe that it carries adult stegomyia or Health Officer is satisfied ::

a

(a) that the vessel or aircraft during its stay in the port of departure was moored at a distance of at least 220 yards from an inhabited shore and at such a distance from other vessels as to make the access of stegomyia improbable; or

(b) that the vessel or aircraft at the time of departure was effectually fumigated in order to destroy mosquitoes.

Other Infectious Diseases, Precautionary Measures.

measures in case of suspected vessels or aircraft.

Yellow cautionary measures in contact

fever pre-

the case of

vessels or aircraft.

vessels or

64.--(1) Any person who, on arrival in the Colony by Precaution- any vessel or aircraft, is found to be suffering from chicken with

ary measures pox, diphtheria, enteric, dysentery, scarlet fever, influenza, regard to cerebro-spinal meningitis, measles or other such infectious aircraft disease, may be removed to a hospital if a Health Officer is of infected opinion that he cannot be isolated or treated on board.

(2) Any bedding, linen, wearing apparel or other articles which such Health Officer considers to be infected shall be disinfected as he may direct.

(3) Any part of the vessel or aircraft which such Health Officer considers to have been infected shall be dis- infected as he may direct.

with non- quarantin- able diseases.

Measures

with regard to nuisances and in-

sanitary conditions on board vessel or aircraft.

Ordinance

No. 5 of 1910.

Vessels

with filthy passengers or in an

overcrowded

state to go to quaran- tine

anchorage.

148

Insanitary and Overcrowded Vessels.

65. (1) If a Health Officer on inspection of any vessel finds any decaying animal or vegetable matter, rubbish, dirt, filth or other matter, which in his opinion is likely to be injurious to health or to create a nuisance, he may serve a written notice on the master, agent or owner of the vessel to abate the said nuisance within twelve hours.

(2) If such nuisance is not abated within such time the master, agent or owner shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default.

If a Health Officer on inspection of any vessel finds any crew's quarters, living spaces, water tanks, food- lockers, paintlockers, decks, lavatories, latrines or bilges to be in a dirty or insanitary state, he may call upon the master of such vessel to carry out to his satisfaction such cleansing, disinfection, white-washing or painting as he may direct.

(4) Any master of a vessel who neglects to comply with such orders within such time as a Health Officer directs shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default, and the person whose duty it is to grant a port clearance may, on the certificate of such Health Officer. withhold a port clearance from such vessel until such Health Officer's directions have been complied with.

(5) At the discretion of a Health Officer any offen- sive articles mentioned in this section may be discharged, and the vessel may, at the owner's or agent's expense, be disinfected under the supervision of a Health Officer.

(6) All expenses incurred by a Health Officer in carrying out this section shall be recoverable from the owner or agents of the vessel under the Crown Suits Ordinance, 1910.

66. Where a vessel has passengers on board who are in a filthy or otherwise unwholesome condition, or is over- crowded with passengers, emigrants or otherwise, a Health Officer may, if in his opinion it is desirable with a view to checking the introduction of any infectious or contagious disease, and on his certifying to that effect, order the vessel to the quarantine anchorage or to such place as he may direct, and although the vessel is not infected or suspected such Health Officer may order the cleansing and disinfection of the vessel in such manner as he may deem

necessary.

Part III.

THE PREVENTION OF THE SPREAD OF INFECTIOUS DISEASE.

Notification

forms to be

(a) Notification.

67. The Secretary to the Medical Department shall upon Furnished by application furnish every medical practitioner, every medical officer in charge of a Chinese Public Dispensary and every officer in charge of a Police Station with the printed forms to be used in the notification of infectious disease.

Secretary to Medical Depart-

ment.

149

no false

68. No notification which contains any false information Actification shall be deemed a notification as required by this Ordinance must contain or by any regulation made thereunder unless the person information. notifying proves that he believed and had reasonable grounds for believing such information to be true.

ic notify

69. If any inmate of any premises be suffering from Attending or has died from plague, cholera, smallpox, yellow fever, practitioner typhus, cerebro-spinal meningitis, measles, chicken-pox, diphtheria, scarlet fever, enteric, puerperal fever or rabies, and if such inmate be under the care of a medical practi- tioner, the said practitioner shall forthwith furnish a Health Officer with a notification thereof in writing stating the name of such inmate and the situation of such premises.

Such medical practitioner shall be entitled to receive, on application to the Secretary to the Medical Depart- ment, the sum of one dollar for each and every such notification, but not more than one fee shall be paid in respect of each case.

where no

practitioner has attended.

70. If any inmate of any premises be suffering from or Notification has died from plague, cholera, smallpox or cerebro-spinal meningitis, and if such inmate be not under the care of a medical practitioner, the occupier or keeper of such premises or, in default of such occupier or keeper, the nearest male adult relative living on such premises, or, in default of such relative, occupier or keeper, any person in charge of or in attendance on the sick person or dead body shall, on the nature of the disease becoming known to him. or on the suspicion of the existence in such inmate of such disease, forthwith notify the same to any Government Medical Officer or the Medical Officer in charge of the nearest Chinese Public Dispensary, or any officer on duty at the nearest police station or any Sanitary Inspector, who shall immediately on receipt thereof transmit the information to a Health Officer.

existence of

71. All persons knowing or having reason to believe Notification that any person has been attacked by, or is suffering from, by persons

                               having or has died from, plague, cholera, smallpox or such knowledge

of the other epidemic, endemic, or contagious disease as may from time to time be duly notified in the Gazette, shall notify the disease. same without delay to any officer on duty at the nearest police station, or to any Government Medical Officer or to the Medical Officer in charge of the nearest Chinese Public Dispen- sary or any Sanitary Inspector, and any such officer receiving such information whether verbal or written or discovering any such case, shall notify the same with the least possible delay to a Health Officer, and may detain such person or remove him to a hospital until he can be examined by a Government Medical Officer or a Health Officer.

72. If any person in any hotel, boarding house or Notification common lodging-house becomes ill from any infectious, by keepers contagious or communicable disease the keeper of such boarding institution shall forthwith give notice thereof to a Health houses or Officer or to the Secretary for Chinese Affairs who shall im- lodging- mediately transmit such information to a Health Officer.

Colmon

houses.

Delay in notification, failing to notify or giving false information.

Notice of

recovery to

to Health Officer.

150

73.-(1) Any person required under this Ordinance or any regulation made thereunder to give information of any infectious disease, or of any death from infectious disease, who neglects without reasonable excuse to give such information with the least practicable delay, shall be guilty of an offence against this Ordinance.

(2) Any person who knowingly omits or refuses to give any information which he is required to give, or who furnishes as true information which he knows or has reason to believe to be false, shall be guilty of an offence against this Ordinance.

(3) When any person is charged with neglecting to give information of any infectious disease or any death from an infectious disease he shall be presumed to have known of the existence of such disease, unless he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

74. When any medical practitioner in attendance on be furnished any person suffering from infectious disease is satisfied that such person has so far recovered as, in the opinion of such medical practitioner, to be no longer a source of infection to others, such medical practitioner shall notify a Health Officer in writing to that effect.

Lower of entry for search and

(b) Power of Entry for Search, Examination & Detention.

75.-(1) A Health Officer may enter and search, or direct a Sanitary Inspector to enter and search, any building examination, or enclosure for the purpose of ascertaining whether there are any persons suffering from infectious disease or contacts there- in and may cause any persons found therein to be examined in order to ascertain whether any of them are infected or have recently been infected.

Power of

magistrate

officer

to enter

and inspect premises.

(2) A Health Officer may further cause any person to be detained for medical examination and may segregate in such place as he may appoint for the purpose any person found to be or suspected to be infected.

(3) A Health Officer or any officer duly authorized by him, may at any time enter any premises for the purpose of examining, and may examine, any dead body where he has reason to believe that the cause of death has not been certified by a duly qualified medical practitioner or has doubt as to the diagnosis made, and he may if he thinks fit order the removal of such body to any place if such removal is in his opinion necessary for the further examination of the body.

(4)-(a) If admission to premises for any of the purposes to authorise specified in this section is refused, any magistrate on complaint. thereof on oath by any officer authorised by this section to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this section to inspect the same into the premises, and, if no such person can be found, the magistrate shall, on oath before him. of that fact, by order under his hand authorise any such officer to enter the premises.

151

(b) After such order of a magistrate has been obtained, any officer authorised to inspect premises under this section may, if necessary, break into the premises named in the order.

(c) Any order made by a magistrate under this section shall continue in force until the work for which the entry was necessary has been done.

(c) Restrictions Against the Exposure or Transport of Infected Persons or Infected Articles.

cases

76. Except with the permission of a Health Officer Movement of no infected person shall depart from the house or place infectious which the disease manifested itself to any other house or restricted. place nor shall any person assist in such departure.

77.-(1) No person while suffering from an infectious Exposure of disease shall expose himself in any place to which the public has infected

                               persons and access or in any other place used in common by persons other transfer of than the members of the family or household to which such infectious infected person belongs, nor shall any person assist in such under proper

exposure.

(2) The transport of infected persons to hospital or other place approved by the Health Officer if carried out with proper precautions shall not be deemed an offence against this section.

eases except

precautions prohibited.

infected

78. No person shall knowingly give, lend, sell, pawn, Transfer or transmit, remove or expose any bedding, clothing or other exposure of articles which have been exposed to the risk of infection. articles Removal with proper precautions by a Health Officer shall prohibited. not be deemed an offence against this section.

to be carried

79. Except on the requisition of a Health Officer or Diseased police officer no owner, driver or person in charge of a public persons not conveyance shall permit any person suffering from an in public infectious disease to enter such conveyance, nor shall any conveyances. infected person enter a public conveyance except with the permission of a Health Officer.

80. A Health Officer may, for the purpose of carrying Imprest of out the provisions of this Ordinance, temporarily impress vehicles and motor cars, carts, or other vehicles ordinarily let for hire with the beasts (if any) necessary to draw them and may engage the services of labourers or coolies. The owner of any cart or vehicle so impressed shall not be entitled to claim more than a reasonable sum for the use thereof. All such vehicles shall be disinfected before being returned to their

owners.

(d) Isolation of Infected Person in his own Premises

infectious

81.-(1) If in the opinion of a Health Officer any Conditions person suffering from an infectious disease can be properly under which attended in his own home without danger to others, the Health Officer may order that such person shall be detained and treated there and the premises isolated.

(2) Every such order shall be in writing and signed by the Health Officer.

cases can

be isolated in their own houses.

Power to

remove

infectious cases to

hospital.

Detention of persons occupying infected

houses.

152

(3) A copy of such order in English and Chinese shall forthwith be posted up in a conspicuous position on or near the patient's house, and a copy shall also be sent to the nearest police station.

(4) After the posting up of any such order and so long as the same remains in force no person, except the Health Officer or any person authorised by the Health Officer in that behalf, shall enter or leave the isolated house or remove any furniture, bedding, clothing or articles therefrom.

(5) Any person may approach the isolated house for the medicine to the persons purpose of delivering food or confined in the house or of removing their excreta but may not enter such house.

(6) The Health Officer may in his discretion disinfect any person, furniture, bedding, clothing or other articles in the isolated house and may thereupon permit such person or thing to leave or be removed from the house.

(7) When satisfied that the need for isolation no longer exists the Health Officer shall remove the order posted up as aforesaid and thereupon such order shall be deemed to be cancelled.

(8) Notice of such cancellation shall be sent to the nearest police station by the Health Officer.

(9) Upon receipt of the order mentioned in subsection (3) the officer in charge of the police station shall send as many police officers as are necessary to the isolated house and such police officers shall enforce the isolation of the house and repel any attempt by the persons confined in the house to break out therefrom or by any others to enter therein.

(10) Upon receipt at the police station of the notice mentioned in sub-section (8) the police officers shall be removed from the house.

(e) Removal of Infectious Cases to Hospital.

82.-(1) A Health Officer may direct the removal to a hospital or other suitable building of any person suffering from an infectious disease, the treatment for which is provided in such hospital or building, if such person is, in his opinion, without proper lodging or accommodation or is living under conditions which are likely to cause the spread of the disease to other persons, or where there is no proper means of attending to the patient without danger to others: Provided that if any such person refuses to be so removed, it shall be lawful for a magistrate, on the application of the Health Officer, to order the removal of such person to such hospital or other suitable building.

(2) A patient so removed to a hospital or other suitable building shall there remain until discharged by the Medical Officer in charge thereof.

(f) Isolation of Contacts and Closure of Infected Buildings.

83. If in the opinion of a Health Officer it is necessary in the interests of the public health, the persons residing in a building or part of a building which is infected shall be detained therein or shall be removed to such other building or buildings as the Director of Medical and Sanitary Services may

153

direct and there be isolated and kept under supervision until such time as they may, in the opinion of the Health Officer be safely released.

It shall not be lawful for any person to reoccupy any such building or part of a building until it has been thoroughly cleansed and disinfected.

close, and

and to

84. (1) If in the opinion of the Director of Medical Power to and Sanitary Services it is necessary that all or any of disinfect the inmates, not themselves sick, of any house or building or buildings part thereof, in which a case of infectious disease exists or has solate, recently existed, should be isolated or put under medical detain, or surveillance or that any such house or building or part surveillance thereof should be temporarily closed, a Health Officer direct that-

may

(a) such house or building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction. of all infected articles contained therein.

(b) all or any of the inmates, not being themselves sick, shall be isolated to the satisfaction of the Health Officer or removed to a quarantine station and detained there for such period as is necessary to ensure that such inmates are them- selves free from disease.

subject to

the contacts found therein.

the co

(2) All or any such inmates, who enter into a written undertaking according to the form in Schedule A to present Schedule A. themselves daily for examination and who deposit, if required to do so, such sum of money as is fixed by the Health Officer, shall present themselves daily to the Health Officer, or to a medical practitioner approved by the Health Officer, for examination for such period and at such place and time as the Health Officer appoints.

(g) Quarantine Station.

ing signals

85. Whenever any persons are detained in quarantine Distinguish- at a quarantine station a yellow flag shall be hoisted by day to be at a conspicuous place on the station and by night a red light shown on a over a green light, at a distance one above the other of not station more than six or less than four feet.

quarantine

when

cccupied.

86. No person, except a Health Officer or persons Trespass on authorised by him, shall enter a quarantine station.

quarantine premiseş prohibited.

from

87. No person detained in quarantine at a quarantine Departure station shall leave such station without the permission of a quarantine Health Officer.

station without permission prohibited.

requisitioned

88. Any building or place which is in the opinion of Buildings a Health Officer suitable and required for the purpose of requisit isolation and treatment of persons suffering from infectious for isolation disease or suspected to be suffering from infectious disease purposés. or who are contacts, and for their detention until they are free from disease, may with the written approval of the Governor be entered upon and occupied, if untenanted, without any notice whatsoever, and, if tenanted, after twenty-:

Disposal of infectious

corpses.

Post-mortem

examination where infectious

disease is suspected.

Penalty for obstruction.

Penalty for dumping infectious

corpses.

Disinfection of bedding, clothing and personal effects of cases and contacts.

of infected or

154

four hours notice in writing conspicuously posted on such building or such place. The owner or person entitled to the occupation of such building or place shall not be entitled to claim anything beyond a reasonable rent for the period during which such building is occupied under the provisions of this section.

(i) Disposal of Infected Dead Bodies.

89.-(1) In the event of the death of any person from infectious disease the friends of the deceased shall be permit- ted to dispose of the corpse by cremation or burial in accordance with their religious customs at the burning ground or burial ground set apart for persons dying from infectious disease or at such other places as a Health Officer may permit and shall obey the directions of the Health Officer in all matters relating to the disinfection or to the time, route and method of removing the corpse to the cremation or burial place.

(2) In the event of failure or refusal of the friends of the deceased to dispose of the corpse the Health Officer shall see to the proper disposal of it.

90.-(1) If a Health Officer has reasonable grounds for suspecting that any death may have been due to infectious disease he may order the removal of the body to a mortuary or other suitable place for the purpose of a post-mortem examination.

(2) Any person obstructing the removal of the body for such purposes shall be liable to a fine not exceeding one hundred dollars.

91. Any person who deposits or causes to be deposited in any public or private place, other than a grave in which it may be lawfully buried, the corpse of any person who has died while suffering from an infectious disease, shall be guilty of an offence against this Ordinance.

(j) Disinfection and Cleansing.

92.-(1) The clothing, bedding and personal effects of all persons detained or segregated or removed to a hospital or other suitable building or place under the provisions of this Ordinance or the regulations made thereunder, which are infected or suspected to be infected, shall be thoroughly disinfected or may be destroyed at the discretion of a Health Officer, and no person shall be entitled as of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

Disinfection 93.-(1) A Health Officer may disinfect or destroy or destruction any rags, clothing, bedding or other articles infected or suspected suspected to be infected and no person shall be entitled as articles. of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

+

155

of persons

94. A Health Officer may require any person liable to Disinfection be quarantined to be disinfected before being released.

prior to release.

of infected

and articles

95. (1) Whenever it appears to a Health Officer Disinfection 95.-(1) that any railway carriage has been infected by a person railway suffering from plague, cholera, smallpox or yellow fever, carriage he may order the carriage to be detained at the nearest station contained for such time as may be necessary for the purpose of therein. disinfecting it, or may order such carriage to be sent to another station at which disinfection may be more expeditiously carried out.

(2) Any clothing, bedding or other articles in the carriage may be disinfected or destroyed at the discretion of the Health Officer and no person shall be entitled as of right to any compensation by way of damages or otherwise for the destruction of any such articles.

(3) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

96. Whenever it appears to a Health Officer that Detention any vehicle has been infected he may detain such vehicle for of vehicles such time as may be necessary for the purpose of disinfecting infection.

it.

for dis-

of infected vehicles.

97. All such carts and other vehicles as a Health Disinfection Officer shall use for the transport of infected persons or of things likely to spread infectious disease shall be thoroughly disinfected by the Health Officer before being returned to their owners.

requisitioned

98. When any building or place which has been Disinfection entered on and occupied under the provisions of section 91 of houses is vacated the Health Officer concerned shall be bound at the for hospitals. cost of Government to cleanse and disinfect the said building or place, and if a building and if he is so required to do, to whitewash it both internally and externally immediately after vacating it.

99. In any case where a Health Officer shall certify Disinfection in writing that it is necessary as a precaution against the or closing

of dangerous introduction of disease in any place that any well should be wells. filled up, cleansed or disinfected, he may by written order require the owner or occupier of the house or land wherein such well is situated to fill up, cleanse or disinfect such well within a reasonable time to be specified in the order, and such owner or occupier shall fill up, cleanse or disinfect such well accordingly.

closure of

of case.

100. (1) If in the opinion of a Health Officer it is Temporary necessary in the interests of the public health that the persons buildings residing in a building or part of a building which is infected after removal shall be removed, he may direct that such building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein, and it shall not be lawful for any person to reoccupy such building or part thereof until it has been thoroughly cleansed and disinfected as aforesaid.

Cleansing and disinfection

of buildings as a check

to the spread

of disease.

Power of Health Officer to cleanse and disinfect buildings and their contents.

Disinfection

with or without

156

(2) Such cleansing and disinfection may, with the approval of such Health Officer, be done in whole or in part by the inmates or by persons engaged by them; and further if in the opinion of such Health Officer it is necessary for the thorough purification and disinfection of such premises to take down any lath and plaster or other hollow partition wall or any partition, screen, panelling, wainscotting, skirting, stair- lining, ceiling, or other similar structure or any fittings or any portion of such wall, structure or fitting, the Health Officer shall forthwith have the same taken down, and, if he considers their removal from the premises or the destruction thereof or both to be necessary in the interests of the public health, he shall forthwith cause the same to be removed from the premises or destroyed or both.

(3) Such destruction shall be carried out with such precautions and in such manner as such Health Officer may deem proper, and compensation for such removal or destruc- tion shall be given by the Governor unless it is proved that the wall, structure or fitting removed or destroyed had been unlawfully erected or maintained.

(4) Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Governor, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these provisions.

(5) The Governor shall decide in each case whether the compensation, if any, is to be naid to the owner or occupier, and payment in accordance with the decision of the Governor shall bar any further claim to compensation by owner or occupier.

Provided that nothing in this section shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

101. If a Health Officer is of opinion that the cleans- ing or disinfection of a building or part of a building or of any article therein likely to retain infection would tend to prevent or check the spread of any infectious disease, leprosy or tuberculosis, he may by notice in writing require the owner or occupier to cleanse or disinfect the same in the manner therein specified.

owner

102. When in the opinion of a Health Officer the or occupier is from poverty or otherwise unable effectually to carry out the said requirements, the Health Officer may cleanse or disinfect or cause to be cleansed or disinfected the building or buildings or part of the same and any articles therein at the expense of the Government.

103.-(1) After the removal of any person suffering of premises from an infectious disease from any house a Health Officer shall cause the room which such person occupied, and any other portion of the house which such Health Officer deems to be infected, to be thoroughly disinfected, and the house may be closed for such period as he may direct.

closure

after

removal

of cases.

(2) No person except a Health Officer or persons authorised by him shall enter such room or house during such period.

157

regard to

104. In the event of the death of any person from Action with infectious discase a Health Officer shall take the necessary infectious action to prevent the spread of infection from the corpse. compses. The clothing, bedding and all personal effects of the deceased, which are liable, in the opinion of the Health Officer, to carry infection, shall be disinfected or, if the Health Officer so orders, be destroyed by fire, and no person shall be entitled to claim compensation as of right for the destruction of any such article.

disinfection

105. Notwithstanding anything contained in the fore- Recovery going sections, the Council shall have power by officers of of cost of the Sanitary Department to enter and to cleanse and to and pay- disinfect any premises where any person suffering from plague, ment of cholera or smallpox or any other contagious or infectious dis- for damage.

                               compensation ease, is or has been, or is reasonably suspected to have been, recently located, and the Council may recover the cost of such disinfection and cleansing from the house holder; but compen- sation may be given to such house holder for any bedding, clothing or other articles which have been destroyed during such cleansing or disinfection:

Provided that where the case of infection has been duly reported no charge shall be made for the cost of such cleansing and disinfection, and reasonable compensation for property destroyed or damaged shall in such case be given.

Limitation of liability.

106. No matter or thing done by the Council or by Limitation any member of the Council, or by any Health Officer or of liability. Sanitary Inspector or other person whomsoever acting under the direction of the Council or a Health Officer, shall, if it was done bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Repeals.

107. In the

Merchant

Merchant Shipping Ordinance, 1899, section 23 and the heading thereto, sub-section (20) of section 39 and Table L of the Schedule are repealed.

Commencement.

Repeal of No. 10

Ordinance

of 1899, s. 23 and

heading, s. 39 (20) and

Table L.

108. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by proclamation as the ment. date of the commencement of this Ordinance.

Serial No.

(FOR RECORD IN THE HEALTH OFFICE)

Serial No.

SCHEDULE

A.

[ss. 4, 5, 7, 10, 84.Į

Serial No.

Slip No.

158

Date of undertaking

Undertaker's full name

Undertaker's Address (in full)

Ship's name

I,

Undertaking to submit to surveillance.

of

being desirous of proceeding to

(which I hereby declare to be my full and sufficient address), hereby undertake, in consideration of my being exempted from quarantine, (to present myself for examination at the office of the

situated at

daily at....

a.m. for days from the date hereof, and to report immediately at the said office any change in my residence) or (to proceed direct to the said premises and to submit myself for examination daily by the examination officer for......days from the date hereof).

I am aware that failure to comply with the terms of this under- taking, will render me liable to arrest, and, upon conviction, to a fine not exceeding $200.00 for every day during which the offence shall continue.

Dated this

day of

Signature of Passenger.

Before me,

Health Officer.

19

(TO BE HANDED TO UNDERTAKER)

Date of undertaking

Undertaker's name

Undertaker's address

Ship's name

Address of the

Period for which examination

is ordered

NOTE:-Breach of this undertaking renders the offender liable to arrest and to a fine not exceeding $200 for every day during which the offence shall continue.

1-

159

To be printed at the back,

INSTRUCTIONS.

1. This undertaking is to be forwarded by the Health Officer to the

Health Officer of the area containing the Undertaker's address.

The slip is to be handed to the undertaker.

2. The Health Officer of such area will every day, as he visits the

undertaker initial the space below.

First day

Second day

Third day

Date.

Initials.

Objects and Reasons.

This is a new Ordinance, drafted in the main by the Director of Medical and Sanitary Services to provide an up to date code for Quarantine and Prevention of Disease among human beings which has been inadequately dealt with hitherto under the Public Health and Buildings Ordinance, 1903, and the Merchant Shipping Ordinance 1899. It is one of a series of Bills which have been drafted to replace the former Ordinance.

R. E. LINDSELL,

Attorney General.

August, 1934.

160

TABLE OF CORRESPONDENCE.

In this table of correspondence.

A. refers to Public Health and Buildings Ordinance 1903.

B. refers to Straits Settlements Quarantine & Prevention of

Disease Ordinance, No. 157.

C. refers to the Federated Malay States Quarantine and

Prevention of Disease Enactment.

D. refers to the International Sanitary Convention 1926.

E. refers to the International Sanitary Convention Aerial

Navigation.

Sections are indicated by plain numbers.

By-laws are indicated by numbers and letter b-as 3b.

Rules are indicated by numbers and letter r-as 3o.

Remarks.

PART I.

Aerodrome, authorized aerodrome,

aircraft

Building

Colonial Veterinary Surgeon

Contact

Crew

Public Health

(Quarantine & Corresponding Prevention of

Disease) Ordinance, 1934.

Ordinance

Section.

1

2 (1)

E. 1

C. 2

A. 6

B. 2r

ö Ä Ä Ä Ä

D.

D.

Day

Disease

B. 2

B. 2

Immigrant

Infected place or port

B. 2

C. 2

Quarantine

Surveillance

E. 1

Vessel or aircraft when regarded as

infected

2 (2)

E. 24, 29, 35

3

B. 22

4

C. 1Br

5

C. 1Br

This corresponds to the foot-note to Article 25 of the 1926 Inter- national Sanitary Convention which was specially drafted to meet the requirements of special cases such as that of Hong Kong.

6

7

B. 9

161

Table of Correspondence,-Continued.

! Public Health

Remarks.

(Quarantine & Corresponding

Prevention of

Disease) Ordinance, 1934.

Ordinance

Section.

Power to make regulations corresponds

generally to A. 16 with the

following exceptions

(b) power of entry

(c) regulating movements

(d) removal of cases

(e) removal of infectious

articles is new

() examination of the dead..

PART II.

8

B. 72; C. 4

A. 16

C. 4 (

C. 4 (c)

B. 72 (f)

F.M.S. Sanit- ary Board

0.4 (m)

9

B. 73; C. 5

10

C 6

11

C. 7

12

C. 9

13

C. 8

14

C. 10

15

New

16

B. 57

Cf. Merchant Shipping Ordinance,

1899, section 39 (20)................

17

18

B. 48

19

B. 67

"aircraft" added

20

B. 51

Merchant Shipping Ordinance,

1899:-

Quarantine Regulations (Table L),

No. 8 (2)..

No. 2

22

2 22

21

19

""

No. 3 (1)......

23

No. 4

24

""

No. 10.........

25

""

2

26

B. 9r

27

C. 1r

28

B. 69

162

Table of Correspondence,-Continued.

Remarks

Public Health

(Quarantine & Corresponding

Prevention of

Disease) Ordinance, 1934.

Ordinance

Section.

29

New

30

New

31

B. 50 (2)

32

B. 54

33

B. 50 (3)

34

B. 53

35

B. 7r

From Hong Kong Police Regulations.

36

C. 18r

37

C. 18r

38

New

Merchant Shipping Ordinance,

1899:-

Quarantine Regulations (Table L),

No. 8.......

39

40

B. 40r

Quarantine Regulations (Table L),

No. 14........

41

42

B. 38r

Quarantine Regulations (Table L),

No. 12.

43

Quarantine Regulations (Table L)

No. 7 (2).....

44

Quarantine Regulations (Table L),

No. 7、(3)......

45

Quarantine Regulations (Table L),

No. 16..........

46

47

D. 25

48

. D. 25

49

D. 26

50

D. 27

51

D. 27

52

D. 28

53

D. 30

54

D. 31

55

D. 32

56

D. 33

57

D. 29

3

163

Table of Correspondence,--Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Ordinance

Disease) Ordinance, 1934.

Section.

58

D. 42

59

New

60

D. 41

61

D. 36

62

D. 37

63

D. 35

64

New

65

B. 64

From Hong Kong Quarantine Regu- lations (Table L), No. 13 (modi- fied).

66

PART III.

P. H. & B. O. Notification by-laws...

67

A. 4b

68

A. 3b

39

""

69

A. 1b

""

70

A. 2b

22

71

71

A. 5b

33

""

P. H. & B. O. Common Lodging

house by-laws

75

76

74

2 2 2 2 ≈

72

A. 16b

73

New

New

C. 40

B. 15 (a) (b). C. 33r

77

B. 15 (c) (d)

78

B. 15 (e)

79

C. 35 (1)

80

C. 34

81

88

B. 7

82

B. 6 A. 87

P. H. & B. O. Disinfection by-laws...

83

88888

86

38

A. 3b

84

B. 8

85

C. 22r

C. 23r

164

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Ordinance

Disease) Ordinance, 1934.

Section.

88888

87

C. 24

C. 32

89

88 28

C. 42r

90

B. 11

91

B. 16

92

C. 38r

93

C. 39r

1

94

New

95

B. 69 (4)

96

C. 35 (ii)

588

97

C. 34

98

C. 32r

99

C. 47 (ii)

Disinfection by-law

100

A. 3b

101

B. 13 (1)

102

B. 13 (3)

C. 36 (1)

103

C. 37

104

C. 42

105

A. 89

106

A. 269

Repeals

107

Commencement

108

165

Notes on new draft of the Public Health (Quarantine and Prevention of Disease) Bill.

This Bill comprises, with some alterations and excisions, sections 1 to 111, 181 and 182 of the former Quarantine Bill, the remaining sections of which (with section 182 repeated) have been transferred to the new Animals and Birds Bill.

Section of former

draft.

Section of present Bill.

Remarks.

2

2

8

9

8 (3)

20

19

22

22 23

33333

35

232

37

35

s.s. (1) "Dairy'-milk shop omitted and

made subject of separate definition.

"C.V.S." omitted as not mentioned in this

Bill.

Definitions of delouse, deratise, and dis-

insectise added.

"Health Officer" extended to include Port

Health Officer.

s.s. (2) clarified in several places.

s.s. (4) added for clarity.

s.s. (2) (g) deleted as overlapping with former s. 9 (1) (h). 2 (l) also deleted, this provision being covered by (3) (h).

s.s. (2) (n) (0) (p) and (q) omitted-trans-

ferred to new Animals and Birds Bill.

Old s. 9 thus made part of new s. 8- -as directed--all quarantine matters hav- ing thus to be dealt with by regulations of the Governor in Council instead of partly by regulations and partly by by-laws.

s.s. 3-similar opening clause to that of 8 (1) inserted. (h) amplified. (1) G. in C. for U.C.

Old s. 9 s.s. (2) omitted since no by-laws are to be made under this Ordinance.

(All references elsewhere to by-laws have

been deleted for same reason).

6 6

"

"or air" added after 'sea' in s.s. (1).

Redrafted in the light of the latest quaran-

tine signal regulations-see s. 35.

"Supercargo" omitted in each s.s. with

approval of D.M.S.S.

Omitted as surplusage.

Redrafted to conform with latest regula- tions governing quarantine signals.

Redrafted with approval of D.M.S.S.

46

44

53

51

(iii) redrafted at beginning and end.

166

-

Notes on new draft of the Public Health (Quarantine and Prevention of Disease) Bill,-Continued.

Section of Section of

former

draft.

present Bill.

55

53

57

0989

59 (2)

59

སྐྱཧྥ

57 (2)

62-68

60-66

71-73

69-71

77

75

81

79

84-85

82

92-3

105

111

105

106

Remarks.

(vii) and (viii) and (ix) redrafted with

approval of D.M.S.S.

Redrafted with aid of D.M.S.S.

Proviso added at end to make clear that these provisions are complementary to those of the Vaccination Ordinance, 1923.

Each slightly amended as agreed by

D.M.S.S.

do.

New s.s. (4) added at desire of D.M.S.S.

(cf. s. 14 of Sanitation Bill).

Last 2 lines omitted as over-lapping with

old s. 101 (new 96).

Redrafted to combine provisions of two old

sections.

See

Health Officer empowered to order patient's removal to hospital, but on patient's refusal must get P.M's. order. para. 53 of Smith Committee's Report and H.E's. directions thereon in last para. of 90III

Omitted with D.M.S.S's. approval-pro- visions covered in Dairies by-laws (Sanitation Bill).

Omitted as almost identical with old 109.

"Notwithstanding anything contained in the foregoing sections" added at beginning to prevent overlapping.

Inserted as in other Bills.

Notes.(1) The extension of the definition of Health Officer in s. 2 to include Port Health Officer has enabled the deletion of "Port" before "Health Officer" wherever "Port" previously appeared, and the omission from the Bill (except in s. 2) of the term "Port Health Officer".

(2) I do not much like the inclusion of (new) s. 105 as, even with the addition of the new first line, it seems hardly to be reconciled with earlier provisions, i.e. s. 84 (1) (a), 92, 93, and 100-103.

(3) Very many minor amendments of wording and punctuation have been made throughout.

167

[No. 30:-18.10.34.-9.]

A BILL

INTITULED

An Ordinance to consolidate and amend the law relating to Quarantine and the Prevention of Disease among animals and birds.

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

1. This Ordinance may be cited as the Public Health Short title. (Animals and Birds) Ordinance, 1934.

2. (1) In this Ordinance unless the context otherwise Interpreta- requires -

(a) 'Animals' means cattle, sheep, goats and all other ruminating animals, and swine and equines.

(b) 'Authorised landing place' means any place declared by this Ordinance or any by-law made thereunder to be an authorised landing place and any other place declared by the Council and notified in the Gazette to be a landing place.

(c) 'Birds' means poultry and all other birds which are ordinarily kept in a state of captivity.

(d) Carcase' means the carcase of an animal or bird, and includes part of a carcase and the meat, bones, hide, skin, hoofs, horns, offal or other part of an animal or bird, separately or otherwise, or any portion thereof.

(e) 'Cattle' includes bulls, cows, oxen, heifers, calves and buffaloes.

(f) 'Council' means the Urban Council unless some other Council is indicated.

(g) 'Disease' includes cattle plague or rinderpest, septicaemia haemorrhagica, pleuro-pneumonia contagiosa of cattle, foot and mouth disease, sheep-pox, sheep scab, swine fever, anthrax, glanders (including farcy), parasitic mange, epizootic lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange, influenza, ringworm, strangles, anaplasmosis, fowl cholera, fowl pox, rabies and any other disease declared by the Council and notified in the Gazette as included in the term disease for the purposes of this Ordinance or any by-law made thereunder.

(h) 'Equines' includes horses, asses, mules and all other equine animals.

(i) 'Fodder' means grass or other substance commonly used for the food of animals.

() 'Litter' means straw or other substance commonly used for bedding or otherwise for or about animals.

(k) 'Poultry' includes domestic fowls, turkeys, ducks, pigeons and geese.

(1) 'Segregation place' means any place appointed by the Council to be a place where animals or birds may be confined and isolated in order to prevent or mitigate disease or the spread of disease, and includes the Government depots.

tion.

Power to make by-laws.

168

(m) 'Special permit' means a written permission granted by and in the discretion of the Colonial Veterinary Surgeon.

(2) Other words and expressions used in this Ordinance shall bear the same meanings as they have in the Public Health (Quarantine and Prevention of Disease) Ordinance, 1934.

3. For the purpose of mitigating or preventing as far as may be possible epidemic, endemic, infectious or contagious disease among animals and birds the Council shall have power to make by-laws with regard to the following matters :-

(1) (a) The inspection, testing for disease, inoculation, detention, segregation, housing, slaughtering, transhipment, exportation, possession and control of animals and birds;

(b) the disposal of the dead bodies of animals and birds;

(c) the construction, regulation, licensing, disinfection and inspection of all places, vessels and vehicles in which animals or birds are or have been kept or carried;

(d) the fees to be paid for licences, housing, inspection, testing, inoculation and disinfection;

(e) the forfeiture without compensation of animals, birds and things dealt with in contravention of any provision of this Ordinance or of any by-law made thereunder, and

(f) the duties and obligations of persons having animals or birds in their possession or under their charge.

(2) The prohibition or regulation of the import or export of cattle into or out of the Colony or any part thereof.

The isolation of cases of disease in animals and birds and the regulation thereof.

(4) The appointment, establishment and maintenance of places for the observation or examination of cattle either on arrival or prior to export.

(5) The control and supervision by registration, licensing or otherwise of depots, stables, pens, cattle-sheds and places for keeping animals and birds.

(6) Provision for the regular inspection of all places where animals and birds are kept.

(7) The slaughtering or isolating or keeping under observation of any animal or bird that may appear to be or may be reasonably suspected of being or of having been in contact or in the same herd or flock with animals or birds affected with disease, and the disposal of the carcase thereof.

(8) Declaring any place or area to be infected with dis- ease, and prohibiting or regulating the movements of animals, birds or persons into, within or out of any such infected place or area, and the removal of carcases, fodder, litter, utensils, hurdles, pens, dung or other things into, within or out of such infected place or area.

(9) Prescribing the mode of cleansing and disinfecting of any place which has been occupied by any animal or bird suffering from epidemic, endemic, contagious or infectious disease.

169

of by-laws to

4. All by-laws made by the Urban Council shall be Submission submitted to the Governor and shall be subject to the approval Governor for of the Legislative Council.

approval of Legislative Council.

The Prevention of the Introduction of Infectious Disease.

5.-(1) Except under and by virtue of a special permit Restrictions no person shall bring any animal into the Colony.

(2) No person shall knowingly bring into the Colony any animal or bird suffering from disease.

(3) When information is received that any disease exists amongst any animals or birds at any place without the Colony, the Governor may issue an order prohibiting, either absolutely or conditionally, the importation either by land or by sea or the transhipment in the Colony of any animals or birds from any such place.

(4) Every order issued under this section shall be published in the Gazette at the earliest opportunity but shail come into operation immediately upon the making of the order.

on import of animals and birds.

to be

6.-(1) The master of any ship on board which Animals on there is any animal, whether such animal is intended to be board ship landed in the Colony or not, shall forthwith on arrival of the reported by ship in the waters of the Colony notify the boarding officer master to Boarding who shall without delay inform the Colonial Veterinary Officer. Surgeon.

(2) The Colonial Veterinary Surgeon may visit such ship and examine such animal.

transit

7. Except under the authority of a permit granted by Landing of the Colonial Veterinary Surgeon, and except in accordance animals in with the terms of such permit, no animal which is brought into prohibited the waters of the Colony on board any vessel, and which is except under not destined for the Colony, shall be removed from such vessel in the waters of the Colony.

permit.

properly

8. While any vessel which has on board any animals Dung and or birds not destined for the Colony remains in the waters of litter to be the Colony, all dung of the animals, and all scrapings, litter and dealt with. sweepings removed from the vicinity of the animals or birds, shall at intervals not exceeding twenty-four hours be dealt with and disposed of as the Colonial Veterinary Surgeon may direct.

of carcases except under

9. Carcases of animals or birds which have died or been No landing slaughtered on board a vessel while in the waters of the Colony or during a voyage shall not be landed in the Colony without a special special permit.

permit.

10. The guard of any train which brings any animal Animals into the Colony shall on arrival of the train report the arrival entering the of such animal to the station master who shall without delay inform the Colonial Veterinary Surgeon.

Colony by train to be reported by guard.

11. Except in accordance with a special permit, no Landing of animal shall be landed from any vessel between 6 p.m. and animals 6 a.m.

prohibited between

6 p.m. and 6 a.m.

Animal to be

landed at authorised

landing

places.

Permittee responsible.

Authorised

landing places.

Colonial

Veterinary Surgeon may cause destruction

of diseased

animal or bird.

Animals imported to

hed at

be housed

depot.

170

12. Except in accordance with a special permit, no animal shall be landed from any vessel at any place other than an authorised landing place.

Special Permits.

13. The permittee named in a special permit shall ensure that the terms of the special permit are strictly complied with.

14. The following shall be authorised landing places :---- (a) Kennedy Town Cattle Wharf.

(b) Ma Tau Kok Government Wharf.

(e) Such other landing places as are designated by the Governor in Council.

15. If any animal or bird brought into the Colony by sea or by land is found to be suffering from disease the Colonial Veterinary Surgeon may, if necessary, cause the same to be destroyed at once and its carcase disposed of in such a manner as may be best calculated to prevent the spread of infection.

Segregation.

16. Subject to the terms of any special permit, every animal landed shall forthwith be taken or driven to the Government Government Depot at Kennedy Town or Ma Tau Kok as the case may be, and every animal which is brought into the Colony by land shall forthwith be taken or driven to the Government Depot at Yaumati Railway Station by the most direct route. Every such animal, unless intended for immediate slaughter and slaughtered accordingly, shall be detained in segregation in such depot, at the risk and expense of the owner, for such period as may be decided by the Colonial Veterinary Surgeon,

Animals

     17. Animals landed, or brought into the Colony by landed under land, under special permit shall be:--

special permit.

Provision regarding dung and litter.

Detention of

animal or bird by Colonial

Veterinary Surgeon.

(a) landed only at the time and place stated in the permit, and

(b) taken or driven forthwith to the segregation place stated in the permit by the route stated in the permit, and

(c) maintained at such segregation place at the risk and expense of the owner for the period stated in the permit.

18. The dung of animals landed or intended to be landed, and partly consumed or broken fodder that has been supplied to such animals, and the litter, fittings, pens, hurdles, utensils and things of any kind whatever used for or about such animals, shall not be landed in the Colony or cast into the waters of the Colony except under and in accordance with a special permit.

19. Any animal or bird which has been conveyed in the same vessel or train, or has otherwise been in contact, with any diseased animal or bird, or which, in the opinion of the Colonial Veterinary Surgeon, may be likely to spread infection, may be detained by the Colonial Veterinary Surgeon in quaran- tine for such period as he may, in the circumstances of the case, think proper.

171

malleined

20. (1) All equines shall be malleined under the super- Equines vision of the Colonial Veterinary Surgeon within ten days of to be arrival in the Colony and shall be re-tested not less than thirty or more than forty five days after such malleining, unless a mallein certificate is produced to the Colonial Veterinary Sur- geon and he is satisfied therewith, in which case a re-test shall be carried out not less than thirty or more than forty five days after the date of the original test as stated in such certificate: Frovided that, in the case of equines which are declared on arrival to be intended for export within one month, the Colonial Veterinary Surgeon may, in his discretion and subject to such conditions as he may think desirable, dispense with malleining for that period.

(2) The Council may order the re-export of any equine in respect of which the provisions of sub-section (1) have not been complied with.

21. The following may be required before the Colonial Information Veterinary Surgeon shall release animals from segregation: before

necessary

release

(a) A certificate to the satisfaction of the Colonial from Veterinary Surgeon, signed by a duly qualified veterinary quarantine. surgeon recognised by the local authority of the country of origin of the animals, in such of the forms set out in the Sche- Schedule. dule as may be appropriate, or giving the like particulars.

(b) A certificate to the satisfaction of the Colonial Veterinary Surgeon, signed by the master of the vessel or person in charge of the animals, stating that no case of disease has occurred during the voyage, and giving the following information:-

(1) Nature of the animals embarked.

(2) Port of embarkation.

(3) Number and causes of deaths.

Nature and number of the animals to be landed.

Provided that, when in the opinion of the Colonial Veterinary Surgeon any such certificate could not have been, or could not be, obtained with reasonable ease, dispense with such certificate.

he may

regard to

22. In the event of disease appearing among animals Power of or birds in segregation, the Council shall have power to order Council with immediate slaughter of the animals or birds or any of them, animals in or to prolong the period of segregation.

segregation.

Surgeon

23. The Colonial Veterinary Surgeon in every instance Colonial shall report promptly to the Secretary of the Council, from Veterinary time to time, all ascertainable material particulars concerning to report. animals or birds placed in segregation and the orders given by him with regard thereto.

:

24. Notwithstanding any other provision of this Ordin- Power of ance, owners of animals in segregation may at any time owner to cause their animals to be slaughtered in a lawful manner. to be

cause animal

slaughtered.

25. For the purpose of slaughter the officer in charge Transfer of a Government depot may permit transfer of animals from permitted one Government depot to another.

Owners to

172

26. Owners of animals or birds in segregation shall on pay charges. demand pay such daily charge for the keep of such animals or birds, until the same shall be either released from segrega- tion or destroyed, as the Colonial Veterinary Surgeon may direct, and in the absence of any such direction the charge per head shall be ten cents for each day or part of a day.

Restrictions against removal of animals, birds or

things from

segregation place.

Disposal of infected

carcases.

Movements of animals and birds

with regard to infected

areas.

Duty of

person in charge to know the

state of

health of animal or

27. Except as provided in section 28 no animals, birds, carcases, dung, litter, fodder, utensils or things of any kind whatever shall be removed from a segregation place without a special permit.

28. The carcases of animals or birds dying or slaughter- ed on account of disease, and all dung, litter, broken fodder and things of any kind whatever, which in the opinion of the Colonial Veterinary Surgeon may spread disease, shall be disposed of as he may direct.

Disease among Animals and Birds in the Colony.

29. Whenever it appears to the Governor, after such enquiry as he may consider necessary, that any disease exists among animals or birds in the Colony or in any part of the Colony, he may issue an order to regulate the movements of any animals and birds within such areas as he may define in such order, and to prohibit any animal or bird being taken into or removed from such area. Every such area shall be deemed an infected place.

30. Every person having any animal or bird in his possession or under his charge shall observe and make himself acquainted with the state of health of such animal or bird.

bird.

"

Duty of

person in charge of animal or bird to notify

existence of disease.

On receipt of notification of disease European Officer to make enquiries.

Interim declaration of infected

area.

31. Every person having in his possession or under his charge any animal or bird affected with or suspected of being affected with disease shall:-

(a) as far as practicable keep that animal or bird separate from animals or birds not so affected, and

(b) with all practicable speed notify the fact of the animal or bird being so affected or suspected to a European police officer of the police area wherein such animal or bird is, or to a sanitary inspector.

32. On receipt of a notification from an owner or person in charge of an animal or bird, or on having reasonable grounds to suspect the existence of disease in any place, a European police officer or sanitary inspector shall proceed with all practicable speed to such place in order to ascertain all available particulars as to the animal or bird, and the owner or person in charge of the animal or bird or place shall give to such European police officer or sanitary inspector all reasonable information and facilities for inspection.

33. It shall be lawful for a European police officer or sanitary inspector who has proceeded to any place in accordance with section 32. notwithstanding inability to obtain particulars, to serve an interim notice in writing, signed by him, declaring such place to be an infected place pending investigation by the Colonial Veterinary Surgeon, and

;

173

also to leave a police officer or sanitary inspector in the place pending the arrival of the Colonial Veterinary Surgeon.

notice shall

34. An interim notice shall set out the requirements of Interim sections 39, 40 and 41 and shall, so far as may reasonably be define re- necessary, define the premises affected thereby. Such notice, quirements. until withdrawn, shall have force and effect as if given cr confirmed by the Council.

interim

35. Service of an interim notice shall be effected by Service of delivery thereof to the owner or occupier of the place or to notice. a person in charge of the animal or bird, or by posting the same on some part of the place.

with respect to interim

36. A European police officer or sanitary inspector Particulars serving an interim notice shall report, with all practicable speed, to the Secretary of the Council and also, in writing, notice to be to the Colonial Veterinary Surgeon the particulars obtained reported. and steps taken by him.

Surgeon to

declared

37. The Colonial Veterinary Surgeon shall visit Colonial promptly the place to which any interim notice relates, and Veterinary if, in his opinion, disease exists or within fifty-six days has visit place existed at such place, he shall with all practicable speed infected by report all ascertainable particulars to the Secretary of the interim Council, but, if satisfied that disease does not so exist or has not so existed, he shall withdraw the interim notice.

notice.

may

38. The Council may declare any place where animals Council or birds are or have been to be an infected place, and thereupon declare place notice in that behalf signed by the Secretary of the Council shall infected. be served in the manner prescribed in section 35. A place declared to be an infected place shall so continue until the Council shall declare the same to be free from infection.

39. No animal or bird, and no carcase, fodder, litter, dung, utensil, milk or other thing, shall be moved out of an infected place without a special permit.

Removal of animals, etc., from

infected place prohibited.

to infected

40. No person, except the Colonial Veterinary Surgeon Admission and persons acting under his direction, police officers and place sanitary inspectors on duty and the attendants of the animals prohibited. or birds shall enter an infected place without a special permit. No attendant shall leave an infected place without a special permit.

inspection

41. The owner or occupier and the person in charge Owner or of an infected place shall give all reasonable facilities for occupier to inspection and for the cleansing and disinfection of the facilities for place and of any pens, hurdles, utensils or other things used and for or about the animals or birds in such place, and shall ensure disinfection. that the requirements of or consequent on any notice, affecting such place and given under this Ordinance or by-laws made thereunder, are observed.

animals or

birds by

42. The Council may order the removal of any animal Removal of or bird from an infected place to any segregation place appointed by the Council.

order of the Council.

Power of Council

174

43. If in the opinion of the Colonial Veterinary Surgeon any animal or bird is suffering from or has been in contact slaughter of with an animal or bird suffering from infectious or contagious

to cause

cases or

contacts.

Burial or exhumation of carcases prohibited except under supervision.

Interpreta- tion.

Animals for

slaughter to

Government

depots.

disease, the Council may cause such animal or bird to be slaughtered and the carcase thereof to be disposed of in such manner as the Council may think fit.

44. No carcase of an animal or bird shall be buried. or, after burial, be dug up, except under the supervision of the Colonial Veterinary Surgeon or of a sanitary inspector acting under his instructions.

Depots for Cattle, Swine, Sheep and Goats.

General.

45. In the following sections:-

(a) "Depot" means one of the depots spec'fied in section. 16 or any other depot for animals provided by the Government.

(b) "Officer in charge" means the person appointed by the Council to superintend and have the charge of any or all of such depots or of part of any such depot.

:

46. All cattle, swine, sheep and goats brought into the be housed in Colony for the purpose of being slaughtered shall be kept in a depot Provided that no such animal shall be permitted to remain in any depot for a longer period than twenty-one days : Provided also that any such animal which is condemned by the Colonial Veterinary Surgeon as unfit to be slaughtered for human food may, with the consent of the Colonial Veterinary Surgeon, be removed by the owner.

Fees for

use of depot.

Removal of

animals

without

permit

prohibited.

Owners of animals to provide food.

Government

and Council

47. The fee for each head of cattle housed in a depot shall be fifty cents payable when the cattle so housed are removed to any place other than an adjoining slaughter-house or another depot and the fee payable for each pig, sheep and goat similarly housed and removed shall be ten cents. No fee is payable on admission.

48. No cattle, swine, sheep and goats shall be removed from a depot for any purpose except on a removal order signed by the officer in charge. Such order shall be granted on the production and deposit of the receipt given on the admission of the animals and in favour of the person therein named or of any other person on his order.

49. The Council shall provide water only for the use of the cattle, swine, sheep, and goats housed in the depots. The owners of such animals shall provide proper and sufficient food and shall send men in sufficient numbers to look after, feed and water such animals, but no other unauthorised person may be or remain on the premises during such hours as the depots are closed to the public.

      50. Neither the Government nor the Council shall be not to accept responsible for the safe custody of any cattle, swine, sheep or responsibility. goats housed in a depot.

Drenching

of animals prohibited.

51. The drenching of any animal with any substance whatever, or the administration of salt in any form, in a depot, except with the permission of the Colonial Veterinary Surgeon or of the officer in charge, is prohibited.

}

!

175

Maintenance of Order in Depots.

52. No person, not being an officer or servant of the Admission Council, shall enter or remain in any depot except for to depot the purpose of securing or of supplying food or water to unauthorised any animal therein.

prohibited to

persons.

53. No person shall in any depot use any indecent Bad or obscene language, or enter or remain therein in a state language and of intoxication.

drunkenness forbidden.

54. No person shall bring into a depot any malt or Liquor spirituous liquor or any drug of any nature whatsoever.

prohibited.

to be in

55. Every person who may desire to use a depot Application for the purpose of accommodating any animal shall make to use depot application in writing to the officer in charge, and permission writing. to use the depots shall be given to the several persons so applying in the order in which such applications are received.

58. Every person using any depot shall obey all Orders to be reasonable orders given to him by the officer in charge, and obeyed. shall conduct himself in a quiet and orderly manner therein.

57. No person shall obstruct or hinder any other obstruction person in the proper use of a depot.

prohibited.

conduct

58. No person shall, by any disorderly or improper Disorderly conduct, disturb or interrupt any other person in the proper forbidden. use of a depot.

Colonial

59. The depots shall, for the purpose of the admission Hours of animals, be open at such hours as may be fixed by the to be fixed by Colonial Veterinary Surgeon with the approval of the Council, Veterinary and, except as provided by sections 49 and 52, no person Surgeon, shall attempt to gain access to, or shall remain in, a depot at any other hour.

given.

60. Whenever in the opinion of the Chairman of the Notice of Council it is expedient for its maintenance or preserva- closing to be tion to close any part of any depot, he shall cause a notice in that behalf to be posted in some conspicuous part of such depot specifying the part that is closed, and no unauthorised person shall thereafter use or enter such part until a further notice has been published and posted as aforesaid notifying the reopening of such part.

to be

61. Every person desiring to bring an animal into a Animals depot shall apply to the officer in charge to inspect and pass inspected such animal, and no person shall bring or cause to be brought prior to or attempt to bring into a depot any animal which has not admission. been duly inspected and passed by the officer in charge.

secured.

62. Every person who brings or causes to be brought into Beasts to be a depot any beast shall cause such beast to be securely tied to properly the tying irons in a byre assigned for the purpose;

and every person who brings or causes to be brought into a depot any sheep, lamb or goat shall cause such sheep, lamb or goat to be properly penned in a lair assigned for the purpose; and every person who brings or causes to be brought into a depot any pig shall cause such pig to be properly secured in a piggery assigned for the purpose.

63. If any difference or dispute shall arise between Procedure in

case of

any persons using a depot regarding any question of priority dispute.

or right to use any part of the depot, such difference or

i

Obstruction

by carts or vehicles prohibited.

Penalty for offences.

Compensation

for animals

176

dispute shall be referred to the officer in charge, and the decision of the officer in charge shall be final and shall be obeyed by such persons.

64. No person resorting to a depot, who is in charge of any cart or other vehicle, shall station such cart or other vehicle in the depot or in any private road giving access thereto in such a manner as to hinder any animals or any other cart or vehicle in arriving at or departing from the depot, or wilfully or improperly station such cart or vehicle so as to occupy a position in which the person in charge of any other cart or vehicle would, by priority of arrival, have prior claim to place such last-mentioned cart or vehicle.

65. Every person who offends against any of the provisions contained in this Ordinance or in any by-law made thereunder shall be liable to a fine not exceeding fifty dollars.

Compensation for animals slaughtered by order of the Urban Council.

63.-(1) Subject to the provisions of sub-sections (2), slaughtered (3) and (4), the Governor in Council shall direct the following compensation to be paid out of the public revenue for any animal slaughtered by order of the Urban Council under the provisions of this Ordinance :-

by order of the Urban Council.

(a) where the animal slaughtered was

was affected with rinderpest or swine fever, the compensation shall be one- half of its full value immediately before it became so affected; (b) where the animal slaughtered was affected with pleuro-pneumonia, the compensation shall be three-fourths of its full value immediately before it became so affected;

(c) where the animal slaughtered was affected with foot and mouth disease, the compensation shall be its full value immediately before it became so affected;

(d) where the animal slaughtered was affected with any other kind of infectious disease among animals, the compensa- tion shall be such proportion of its full value immediately before it became so affected as the Governor in Council may decide after taking the advice of the Urban Council;

(e) where the animal slaughtered was not affected with any kind of infectious disease among animals, the compensa- tion shall be its full value immediately before it was slaughtered.

(2) The value of an animal for the purposes of this section shall be determined by the Governor in Council.

(3) The maximum compensation shall be forty dollars in the case of a pig, and four hundred dollars in the case of any other animal.

(4) In the case of the slaughter of a bird, the maximum compensation payable shall be ten dollars.

(5) Notwithstanding anything in this Ordinance, the Governor in Council may, if he thinks fit, withhold, either wholly or partially, compensation for any animal or bird slaughtered by order of the Urban Council where, in the opinion of the Governor in Council, the owner of the animal

177

or bird or the person having charge thereof has been guilty in relation to the animal or bird of an offence against this Ordinance or any by-law made thereunder or against any other Ordinance regulating the importation of animals or birds into the Colony or the control of animals or birds within the Colony.

(6) Unless otherwise ordered by the Governor in Council, no compensation shall be paid for any animal or bird which in the opinion of the Urban Council shows symptoms of disease before it has been in the Colony for the period of incubation of the disease in question.

(7) It shall be lawful for the Governor in Council to define by order, for the purposes of subsection (6), the periods of incubation of any diseases.

observation

67. The Council may, notwithstanding anything in this Retention for Ordinance, retain and reserve for observation or treatment any by order animal or bird liable to be slaughtered under this Ordinance, of the but in every such case compensation shall be payable as in the case of actual slaughter.

Council.

animals for

68. The Colonial Veterinary Suregon, or any person Seizure of acting under his direction, may seize any animal, bird or contravention thing dealt with in contravention of this Ordinance, and the of by-laws. Council may order the forfeiture of such animal, bird or thing, and the same shall thereupon be destroyed, sold or otherwise disposed of as the Council may direct.

case of

69. No compensation shall be paid in respect of any No com- animal, bird or thing forfeited under this Ordinance, and such pensation in forfeiture shall not prejudice or avoid any prosecution for forfeiture. breach of this Ordinance.

Prevention of Suffering.

of suffering.

70. No person shall bring into the Colony, or drive, Prevention carry, transport or remove, or have or keep, or knowingly suffer to be had or kept, under his control or on his premises, any animal or other creature in any way which may cause it needless or avoidable suffering.

Limitation of Liability.

member of

71. No matter or thing done by the Council or by any Limitation of member or officer of the Council or by any person whatsoever liability of acting under the direction of the Council shall, if it was done Council, etc. bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein con- tained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Commencement.

72. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by proclamation as the ment. date of the commencement of this Ordinance.

178

SCHEDULE.

FORMS.

Importation of animals, Hong Kong.

[s. 21.]

A. Form of veterinary certificate to accompany bovine animals brought to Hong Kong from abroad.

1, the undersigned. (here insert official capacity, if any) ........ hereby certify that I have this day examined the animal(s) described below and have found that the said animal(s) did not show symptoms of rinderpest, septicaemia haemorrhagica, pleuro-pneumonia contagiosa, foot and mouth disease, or other infectious or contagious disease.

DESCRIPTION OF ANIMAL(S).

Breed

Colour

Age

Sex

Signature of veterinary surgeon

Professional qualification

Dated this

day of

. 19......

B. Form of veterinary certificate required to accompany equines brought to Hong Kong from abroad.

I, the undersigned, (here insert official capacity, if any)

hereby certify:-

(1) that I have this day examined the animal(s) described below and have found that the animal(s) did not show symptoms of glanders (including farcy), epizootic lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange, influenza, ringworm or strangles. and

(2) that I tested (each of) the animal(s) described below with mallein on the date(s) mentioned, that is, within ten days before the date of intended shipment of the animal(s) to Hong Kong, and that the animal(s) did not react.

Description of animals

Date

Result of test

of mallein test

Breed Age

Sex

Signature of veterinary surgeon

Professional qualification

Dated this

day of

19......

179

Objects and Reasons.

This is a new Ordinance drafted in the main by the Director of Medical and Sanitary Services to provide an up to date code for the control and prevention of disease among animals and birds, for which local legislation has hitherto made no adequate provision. It is one of the series of bills that have been drafted to deal with public health.

August, 1934.

R. E. LINDSell,

Attorney General.

In this table

TABLE OF CORRESPONDENCE.

A refers to Public Health and Buildings Ordinance, 1903.

B refers to Straits Settlements Quarantine and Prevention of

Disease Ordinance.

C refers to Federated Malay States Quarantine and Prevention

of Disease Ordinance.

Sections are indicated by plain numbers.

By-laws are indicated by numbers and letter b-as 3b.

Rules are indicated by numbers and letter r-as 3r.

Remarks.

Public Health (Animals and

Birds) Ordin-

ance, 1934.

Corresponding Enactment.

Short title

Definitions

2

A 1b (Import & landing of animals) & B 2.

Power to make by-laws

Cf. also F.M.S. Sanitary Board

Enactment, s. 4 (c) (2).

3

A 16.

By-laws subject to approval of

Governor and Legislative Council.

(1) is new

5

S.S. rule

6

A 10b (Import & landing of animals) & C 55

B 45r

180

Table of Correspondence,-Continued.

Public Health

(Animals and

Remarks.

Birds) Ordin-

Corresponding Enactment.

ance, 1934.

P.H.B.O. by-laws, Import, etc., of

animals

7

A. 21b

8

A. 22b

""

"

""

""

9

A. 23b

""

S.S. rule

10

B. 46'

P.H.B.O. by-laws, Import, etc., of

animals

11

A. 2b

12

A. 3b

""

""

13

A. 24b

""

"

14

A. 4b

""

J

S.S. rule

15

B. 49r

P.H.B.O. by-laws, Import, etc., of

animals

16

A. 5b

17

A. 6b

18

A. 7b

S.S. rule

19

B. 50r

P.H.B.O. by-laws, Import, etc., of

animals

20

A. 11b

(amended).

21

A. 12b

"

""

1

J

222

A. 14b

23

A. 15b

""

"

24

A. 16b

""

27

25

A. 17b

""

26

A. 18b

"1

""

22

27

A. 19b

28

A. 20b

"}

S.S. rule

animals

29

B. 42 (1)

P.H.B.O. by-laws, Import, etc., of

30

A. 25b

31

A. 26b

"

19

""

32

A. 27b

"

"

""

""

3333

A. 28b

34

A. 29b

""

35

A. 30b

"

*

36

A. 31b

:

37

A. 32b

38

A. 33b

39

A. 34b

:

*

,,

181

Table of Correspondence,-Continued.

Public Health

Remarks.

(Animals and Corresponding

Birds) Ordin-

Enactment.

ance, 1934.

P.H.B.O. by-laws, Import, etc., of

animals

40

A. 35b

41

""

"

"

11

A. 36b

42

99

"

A. 37b

43

"

1

.

A. 38b

44

A. 39b

P.H.B.O. by-laws for Depots for

animals

45

A.b

(interpretation)

46

A. 56

P.H.B.O. by-laws for Depots for

animals

47

A. 1b

48

A. 2b

49

A. 3b

99

50

""

A. 4b

51

A. 5b

P.H.B.O.-Maintenance of order in

animal depots

52

A. 1b

"}

22

19

蚵品

53

A. 2b

54

11

11

A. 3b

55

"

12

16

A. 4b

56

A. 5b

""

19

""

"

"

22

""

"

:

6888

57

A. 6b

58

A. 7b

59

A. 8b

"

"

60

A. 9b

"

61

A. 10b

"

62

""

A. 11b

""

*

63

A. 12b

64

""

A. 13b

""

65

A. 14b

66

A. 54

67

A. 55

P.H.B.O. by-laws, Import, etc.,

of animals

68

A. 8b

69

A. 9b

70

A. 53

Limitation of liability of member of

Council, etc.

71

A. 269

Commencement

72

P.H.B.O. by-laws, Import, etc.,

of animals

Schedule.

A.b (Appendix).

182

Notes on new Public Health (Animals and

Birds) Bill.

The provisions of this Bill are substantially those of sections 112 to 180 and 182 of the original Public Health (Quarantine and Pre- vention of Disease) Bill.

Section of Section of

Former

Draft.

Present

Bill.

112

2

113

3

Remarks.

Interpretation.

s.s. (1) Definitions of "birds", "Council"

and "poultry" added. 'Carcase"- "or bird" added.

"Disease" amplified. "Segregation place"

-"birds" for poultry."

s.s. (2) added.

46

"Birds" for "poultry" in opening clause.

s.s. (1) (a), (d) and (e) redrafted. "and birds" added in (a), (b), (c), (e) and (also in new s.s. (3), (5), (6), (7), (8) and (9).

s.s. (2), (3) and (4)s. 8 (2) (n), (0), (p) (q) of old P.H. (Quarantine, etc.) Bill. In s.s. (2) the provisions of (n) and (p) above have been combined, since as they stand they overlap and power to regulate import necessarily includes power to prohibit landing at certain places.

5.s. (5)-former 113 (2)-deleted as over-

lapping with (6).

8.S. (6) now (5)-former 113 (3)

s.s. (7) now (6)-former 113 (4)

Au-

s.s. (8), (9), (10) now (7), (8) and (9)=

former 113 (5), (6) and (7). thorising and deleted from (9).

new-submission of by-laws.

4

114-180

5-71

=s. 114 to 180 of former Bill.

114

5

has been recast in three sub-sections, (2), (3) and (4), and a new s.s. (1) has been added at request of C.V.S. pro- hibiting import of animals except under permit. "Bird" added to (2).

"

66

importation substituted for intro- duction and in the Colony" for "at any port

and birds added in s.s. (3).

""

""

Every order issued under this section. shall be substituted for 1st line of 8.S. 4.

117-8

8 & 9

""

or birds

added.

119

10

redrafted.

;;"+-- ---༧, ཁ ག ་ ཟུ ༠༤ ུ}

183

Notes on new Public Health (Animals and Birds) Bill,-Continued.

Section of Section of

Former

Draft.

Present

Bill.

Remarks.

123

14

shall for 1st line.

""

are hereby declared to

in

(c) added.

124

15

or bird "added-

C.V.S." for Veter-

inary Officer ".

128

19

or bird added.

129

20

redrafted as desired by C.V.S.

131

133

23

omitted as conflicting with new s. 19.

99

Secretary to the Council

"D.M.S.S." as in ss. 36 and 37.

for

132-154

22-44

"bird" added passim.

142

32

last two lines redrafted.

155

45

156

46

66

169

59

22

71

182

72

redrafted by agreement with D.M.S.S.

omit-

except when turned out to graze

ted from line 3-last line of proviso amended as desired by C.V.S.

,,

except as provided by sections 49 and 52 inserted in line 5 to avoid repug- nancy with those sections.

-new-added at request of D.M.S.S.

commencement.

Various minor amendments of wording and punctuation have also

been made.

184

[No. 44-6.11.34.-3.]

(C.S.O. 3626/1926 III.)

Short title.

Amendment of Ordin- ance No. 23

of 1917, s. 2 (2).

Rules. Schedule.

Commence- ment.

A BILL

INTITULED

An Ordinance to amend the Boarding-house Ordinance, 1917.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Boarding-house Amendment Ordinance, 1934.

2. Sub-section (2) of section 2 of the Boarding-house Ordinance, 1917, is amended by the repeal of paragraph (c) and the substitution therefor of the following paragraph :-

(c) Common lodging-houses or Ku Li Kun ().

3. The Rules in the Schedule shall be in force except in so far as they may be rescinded, added to or amended by rules of the Governor in Council, and shall be deemed to be rules. made under the Boarding-house Ordinance, 1917.

4. This Ordinance shall come into force on such date. as may be fixed by proclamation of the Governor.

SCHEDULE.

Common Lodging-house or Ku Li Kun () Rules.

1. In these Rules:

means any

"common lodging-house" or "Ku Li Kun () (咕喱館) building or part of a building in which persons of the labouring, artizan or mechanical classes, not being members of the same family, to the number of ten or upwards are housed;

"keeper of a common lodging-house

common lodging-house" means any person licensed to keep a common lodging-house or Ku Li Kun (H).

2.-(a) No building or part of a building shall be used as a common lodging-house or Ku Li Kun() except under and in accordance with a licence in that behalf issued by the Secretary for Chinese Affairs who shall keep a register of all such houses.

(b) If any person who opens or keeps open any common lodging- house or Ku Li Kun () contrary to this rule cannot be found, or if the keeper of a common lodging-house is absent from the Colony, the householder, as defined by the Sanitation Ordinance, 1934, of the premises on which such common lodging-house or Ku Li Kun () is shall be deemed to be the person who has opened or kept open such house and shall be liable accordingly in respect of any contravention of these Rules.

Kun(咕喱館)

!

!

185

3. Before the issue of a common lodging-house or Ku Li Kun () licence, the applicant shall enter into a bond in the sum of $50, with one surety approved by the Secretary for Chinese Affairs, and shall pay the annual fee of $2, and shall furnish the Secretary for Chinese Affairs with two copies of the photograph of such applicant, such photograph to be taken by some photographer approved for the purpose by the Secretary for Chinese Affairs.

4. Every licence issued under these Rules shall state whether the house is for the accommodation of males or females, and guests or occupants of a sex other than that so stated shall not be accom- modated therein.

5. The Secretary for Chinese Affairs shall transmit each applica- tion for a new licence or for removal or extension of premises to the Chairman of the Urban Council who shall cause the premises to be inspected with a view to ascertaining the sanitary condition of the premises and their suitability for use as a common lodging-house or Ku Li Kun().

6. The fee payable on any approved alteration or transfer of a licence shall be $2.

7. Any licence issued under these Rules may be cancelled by the Secretary for Chinese Affairs either forthwith or at the expiration of a period fixed by him, if it appears to him that the premises are, for any reason considered by him to justify cancellation, unsuitable for continued use as & common lo..ging-house or Ku Li Kun (4) Without prejudice to the generality of this rule, fire risks and dangers may provide such reason as aforesaid.

8. Any house to be licensed as a common lodging-house or Ku Li Kun() must be substantially built and in a good state of repair, and must be adequately lighted and ventilated, and all rooms which are to be used as sleeping places must be on all sides above the level of the ground immediately surrounding the house. The house drains must be in good order and constructed in accordance with the regulations regulating house drainage, and there must be adequate kitchen, ablution, privy, urinal and ashbin accommodation; and unless the supply of water is constant there must be a proper cistern for the storage of water. Adequate precautions must be taken or available against fire.

9.-(1) At the time of issuing any licence for a common lodging- house or Ku Li Kun (1) the Secretary for Chinese Affairs shall assign to every room in such house a printed ticket showing the number of person who may be accommodated in such room.

(2) The number shall be calculated with reference to the cubic capacity of the rooms, and so that in the case of sleeping rooms not less than three hundred and fifty cubic feet of air space shall be allowed for each person, provided that in measuring such air space no space at the height of more than ten feet shall be taken into. consideration.

(3) The keeper of a common lodging-house shall keep every such ticket conspicuously displayed on the wall of the room to which it is assigned by the Secretary for Chinese Affairs, and no person in excess of the number shown on the ticket assigned to any room shall be accommodated therein,

10. The keeper of a common lodging-house shall at all times keep bis premises in a clean and wholesome condition, and the fittings of the sleeping rooms shall be maintained by him in a thorough stato of repair. He shall cause every room, passage and stair to be thoroughly swept at least once a day.

11. The keeper of a common lodging-house shall cause all filth and house refuse or other offensive matter to be removed from his premises daily.

12. The keeper of

           odging-house shall cause the internal walls and ceilings of every part of his house to be thoroughly cleansed and limewashed during the months of January and July of each year.

186

13. The keeper of a common lodging-house shall cause the windows of each of the sleeping rooms to be kept open to their full width for at least four hours each day, unless prevented by inclement weather or by the illness of any person occupying any of the rooms.

14. The keeper of a common lodging-house shall not permit males and females above ten years of age respectively to occupy the same sleeping apartment, except in the cases of husband and wife, and parents and children, and he shall not allow any person to occupy his house for immoral purposes.

15. The keeper of a common lodging-house shall not knowingly permit persons of a bad character to lodge in his house and he shall maintain and enforce good order and decorum therein.

16. The keeper of a coinmon lodging-house shall keep a register of the name, occupation and native place of each lodger, and the dates of arrival and departure, and shall at all times, when required by the Secretary for Chinese Affairs or the Chairman of the Urban Council or the Chief Officer of the Fire Brigade or any Health Officer or officer of the Sanitary Department or Fire Brigade, give him free access to such house or any part thereof and shall allow him to inspect the same and such register.

com-

17. If any person in a common lodging-house or Ku Li Kun (n) becomes ill from any infectious, contagious or municable disease, the keeper of such common lodging house shall forthwith give notice thereof to a Health Officer or to the Secretary for Chinese Affairs who shall immediately transmit such information to a Health Officer; and the keeper of such common lodging house shall, if required by a Health Officer, cause the house to be vacated and shall allow the bedding, clothing and other articles used by the infected person to be destroyed or disinfected and the house to be fumigated, disinfected and limewashed at the public expense.

18. A copy of these Rules, in English and Chinese, shall at all times be kept posted in a conspicuous place on each floor of every licensed premises to the satisfaction of the Secretary for Chinese

Affairs.

Objects and Reasons

1. Up to the present the control of common lodging- houses has been divided, the Governor in Council being empowered by the Boarding-house Ordinance, 1917, to make regulations, and the Sanitary Board by the Public Health & Buildings Ordinance, 1903, to make bye-laws, for their governance.

2. The purpose of this amending Bill is to provide under the former Ordinance a complete and separate group of rules governing such houses which are known to the Chinese as "ku li kun." The enforcement of the licensing provisions of these rules will remain in the hands of the Secretary for Chinese Affairs, while the Health Officers will see to the en- forcement of the provisions for sanitation.

3. The Bill forms part of the new Sanitation Code.

November, 1934.

R. E. LINDsell,

Attorney General.

187

Notes on the Boarding-house Amendment Bill.

1. This Bill carries out H.E.'s directions as to the transfer of the provisions governing common lodging-houses from the Sanitation Bill, in which they were originally included, to the Boarding-house Ordinance, 1917.

2. The Schedule comprises a separate and self-contained group of rules regulating these establishments, which is derived in part from the Boarding-house rules (Regulations of Hong Kong, p. 726 f) and in part from the Common Lodging-house by-laws in the Schedule to the Public Health and Buildings Ordinance which were reproduced in the Sanitation Bill.

3. A draft G.N. is also attached which effects the amendments of the present Boarding-house rules necessitated by the creation of the new group.

188

APPENDIX I.

Table showing how the powers of the Saintary Board are exercisable in the new legislation.

Abbreviations:

AAdulterated Food Bill.

B=Buildings Bill.

F-Public Health (Food) Bill.

Q=Public Health (Quarantine etc.) Bill. Q'Public Health (Animals and Birds) Bill. S=Public Health (Sanitation) Bill.

UUrban Council Bill.

Fower of

Corresponding

Fower of

Corresponding

S.B. un-

power of U.C.

S.B. un-

power of U.C.

der s. 16.

der s. 16.

(1)

S.4 (1) (i) (a) & (b).

(22)

Q1.3 (5).

(5)

S.4 (1) (xvii).

(23)

S.4 (1) (xxi).

བྱེ་ ེ

do.

(6)

(24)

Q1.3 (6).

S.4 (1) (xxii).

(7)

S.4 (1) (xv).

(25)

F.5 (1).

S.4 (1) (xvi)

(8)

S.4 (1) (xiv).

(26)

Q1.3 (7).

(9)

S.4 (1) (xiii).

(27)

Q1.3 (preamble).

(10)

S.4 (1) (iii)

(28)

Q1.3 (8).

S.4 (1) (v).

(11)

S.4 (1) (iv).

(29)

Q1.3 (9).

(12)

S.4 (1) (x).

(30)

F.5 (2).

(13)

S.4 (1) (vii).

(32)

F.5 (3) (7) (8) (9) (10)

(11) (12) (13).

(14)

S.4 (1) (viii).

(34)

Q.8

(15)

S.4 (1) (ix).

(35)

do.

power now in

(17)

S.4 (1) (xviii).

(36)

do.

G. in C.

(18)

S.4 (1) (xix).

(37)

do.

(19)

F.5 (5) (6).

(38)

S.4 (1) (xxiii).

(20)

S.4 (1) (xx).

(39)

S.4 (1) (xxiv).

(21)

Q1.3 (1) (2) (3) & (4).

189

APPENDIX II.

Table showing allocation of the various provisions of Ordinance No. 1 of 1903 to the new enactments.

Abbreviations:

A- Adulterated Food Bill.

B Buildings Bill.

www

F= Public Health (Food) Bill.

Q=Public Health (Quarantine etc.) Bill.

Q Public Health (Animals and Birds) Bill. S= Public Health (Sanitation) Bill.

U-Urban Council Bill.

Section

New position

of No 1

of section.

of 1903.

Section of No. 1 of 1903.

New position

of section.

1240

B.1 S.1

43

S.61

2

F.6

44

S.70

B.2

45

S.50

B.3

46

S.45

S.2

47

S.46

6

B.4

48

S.47

F.2

49

S.44 (b)

Q.2

S.49 (1)

S.3

U.2

7

B.5

8

U.3

9

U.4

10

U.5

11

U.6

12

U.12

13

U.13

**** 3***

50

S.44 (c)

51

S.48

52

S.71

53

S.72

Q1.70

54

Q1.66

55

Q1.67

56

Q1.46

57

S. Cattle, etc.,

14

U.14

by-law 15

15

U.15

16

F.5 Q.9

Q1.3

S.4

8835

No. 4

59

No.

2

60

No.

5

61

No.

6

17

F.7

62

No. 7

Q14

63

No. 8

S.5

64

No. 17

18

not included

65

No.

"

19

U.9

66

No.

92

21

S.8

67

No. 18

Q.75

68

No. 43

22

S.9

69

(omitted)

23

not included

70

24

S.10

71

No. 45 No. 11

F Slaughter-house by-laws.

26

S.17

72

F. Markets by-law 2

27

S.18

73

3

28

S.19

29

S.21

75

30

S.22

76

31

S.23

32

S 24

78

33

S.25

34

S.26

35

S.27

36

$ 28 (7)

80

37

$.76

81

29

not included

39

not included,

40

not included

83

41

$.60

42

$.69

84

2 8 3 3 2 3 INE DESA

74

6

19

"

77

5 9

78A

79

F. Food-shops

by-laws 1 & 3

F. Markets by-law 10

44

82 (1)

F.3

82 (2)

F.8 (1)

F.4 (with new

provisions added)

F. Dairy by-laws

19 f..

190

Appendix II,-Continued.

Section

New position

of No. 1 of 1903.

of section.

Section of No. 1 of 1903.

New position

of section.

688888

85

F.8 (but not in full) 131

B.56

85 (2) &

$.80

132

B.52

(3)

133

B.57

F. Dairy by-laws

134

B.58

21 f.

135

B.59

87

Q.82

136

B.60

88

Q.79

1371

not included

89

Q.105

138f

90

S.73

139

B.63

91

S.74

140

B.64

92

S.75 (s.s. (14) new)

141

B.65

93

S.87

142

B.66

94

$.89

143

B.67

95

S.89

144

B.68

95A

S.80

145

B.69

96

B.12

146

B.70

97

B.13

147

B.71

98

B.14

148

B.72

99

B.15

149

B.45

100

B.16

150

B.73

101

B.17

151 (1)

101A

B.18

and (2)

B.74 (1) and (2)

102

B.19

151 (3)

not included

103

B.20

152

B.75

103A

B.21

153

B.77

104

B.22

S.33

105

B.23

154

S.36

106

B.26

154 A

S.34

107

B.27

155

B.78

108

B.28

S.35

109

B.29

156

B.94

110

B.30

157

B.96

111

B.31

158

B.97

112

B.32

159

B.98

113

B.33

S.40

114

B.34

160

B.99

115

B.35

161

S. Latrine

116 (1)

B.39

By-law 1

116 (2)

not included

162 & 162A

S.42

116A

163

(1) (a)

B.40 (1)

116A

B.100, S.62 and S. Factory

by-laws

(1) (b)

not included (See

definition of storey

164

B.100

in S. and B.)

165

S.39

116A (2)

B.40 (2)

166

$.51

116A (3)

not included

167

S.52

116A (4)

168

S.53

(5) (6)

B.40 (3) (4) (5)

169

S.54

116A (7)

not included

170

S.55

116B (1)

B.41

171

$.56

116B (2)

not included

172

S.57

117

B.36

173

S.58

118

B.42

174

$.59

119

B.37

175 (1)

120

B.38

(2)

not included

121

B.43

175 (3)

S.32

122

B.46

176

B.79

123

B.47

177

B.80

124

B.48

178

B.81

125

B.49

179

B.82

126

B.50

179 (1) (d)

not included

127

B.51

128

B.53

(3) (4)

180 (1) (2)

not included

129

B.54

130

not included

180 (5)

B.85

191

Appendix II,-Continued.

Section of No. 1 of 1903.

New position

of section.

Section of No. 1 of 1903.

New position

of section.

181 (1)

B.86

236

B.133

S. Scavenging

237

B.134

by-law 5

238

B.135

181 (2)

S.15

239

B.136

182

B.89

240

B.137

183

B.90

241

B.138

184

B.91

242

B.139

185

B.92

243

B.140

S.90

244

B.141

186

B.93

245

B.142

S. Scavenging

246

B.143

by-law 10

247

B.144

188

B.87

248

B.145

189

B.88

249

B.146

189A

B.101

250

B.147

190

B.102

B.148

251

191

B.103

$.91

192

B.104

252

B.149

193

B.105

$.92

194

B.106

253

B.150

195

B.107

S.93

196

not included

254

B.151

197

S.94

198

B.108

255

B.152

199

B.109

S.77

200

B.7

256

S.78

201

B.8

257

B.153

202

B.9

S.79

203

B.10

258

B.154

204

B.116

$.80

205

B.117

259

B.155

206

B.118

S.81

207

B.119

261

B.156

207A

B.120

S.82

208

B.11

262

B.157

209

B.121

S.83

210

B.122

263

S.37

211

B.123

264

B.158

212

B.115

S.38

213

B.114

264A

B.159

S.29

S.14

214

S.30

264B

B.160

215

S.31

265

B.161

216

B.110

S.84

217

B.111

265A

B.162

218

B.112

S.85

219

B.113

265B

B.163

220

B.25

S.86

221

B.24

2650

B.164

222

$.95

223

265D

B.165

B.6

224

S.96

225

266

B166

227

B.124

267

B.167

228

B.125

S.99

229

B.126

268

S.100

230

B.127

F.11

S.28.

268A

B.168

231

B.128

269

B.169 Q.105

232

B.129

S.97 Q1.71

233

B.130

270

B.170

234

B.131

S.98

235

B.132

271

B.171

S.76

192

Appendix II,-Continued.

Regulation under No.

Regulation under No. 1 of 1903.

New Provision

1 of 1903.

New Provision.

Schedule B.

9

10

""

Importation &c.

of animals

By-laws No.

Q1 70

5 (2)

Aerated Water

F. Schedule.

11

20

Factories.

12

21

"

13

22

Bake-houses. Basements.

F. Schedule.

14

23

S. Schedule A.

15

24

16

25

Cattle-sheds &c

S. Schedule A.

17

26

"

18

27

Cemeteries.

S. Schedule A.

19

28

20.

29

Common

Transferred to

21

7

Lodging-

new Boarding

22

8

houses.

House Amend-

23

9

11

ment Bill.

24

13

25

31

,,

Dairies.

Depots for

cattles &c.

F. Schedule.

26

32

27

33

28

34

29

35

30

36

Part I.

31

37

32

,, 38

Interpretation.

Q1.46

33

39

34

40

99

By-laws 1-5.

Q1.48-52

35

41

36

42

Part II.

37

43

38

44

By-laws 1-14.

Q1.53-66

39

45

,

Disinfection &c.

By-law No.

Latrines

1

Q.2 ("disease"

& "infected")

2

3

Q.105 (amplified)

Q. 83, 84 & 100.

Laundries

By-laws.

Appendix

S. Schedule A

Latrines (Pub. lic) By-laws 1-10.

S. Schedule A. Laundries.

Q1. Schedule.

Domestic clean- liness &c. By- laws.

Eating houses.

S. Schedule A.

F. Schedule

(Restaurants, etc.)

Markets.

Notification &c.

of disease By-law No.

F. Schedule.

1

Q. 69

2

Q. 70

3

Q.68

Entry &c. of

Q. 67

buildings.

S. Sections

5

Q. 71

11-13.

Offensive

Food-preserving

establishments.

Importation &c.

of animals By-laws No.

Trades.

S. Schedule A.

F. Schedule.

1

2

"

Q1. 2

11

12

3

""

4

14

5

16

6

17

,,་

7

18

8

69

Overcrowding.

Prevention &c.

of infectious disease By-laws

No.

1 & 2

S. 43.

S. Schedule A.-

Domestic Cleanliness

&c. By-laws

7 & 8.

Regulation under No. 1 of 1903.

193

Appendix II,-Continued.

New Provision.

Regulation under No. 1 of 1903.

New Provision.

3

10

5

Q. 100.

Q. 85 (modified}

7

B. 46.

9%

S. Schedule A.

Scavenging &c.

by-laws.

S. Schedule A-

Conservancy

Domestic

Cleanliness

Slaughter- houses.

&c. By-law

11.

Schedule C.

by-laws and Scavenging

by-laws passim.

F. Schedule.

Rules preserved

by sec. 4 of U.

4, 6 and 8

Prevention &c. of plague by rats.

not inclduded.

Omitted but Q & Q1 contain anti-rat pro- visions.

Schedule D.

S. Schedule B.

Schedule E.

B. Schedule A.

F.

B.

G.

C.

Prevention &c.

of disease by mosquitoes.

S. Schedule A---

H.

D.

Mosquito pre-

J.

Ε

,,

vention by-

laws.

K.

F.

21

21

L

G.

19

11

H.

Removal of ceil- Q. 100.

ings &c.

Removal of

patients.

Q.81-82 (in part)

M

Sign-board Re-

gulations, 1912

Exceptional

Building Re- gulations, 1931

J.

K.

"

194

APPENDIX III.

Table showing how certain sections of the Public Health and Buildings Ordinance, 1903, have been split up to form part of the new Health legislation.

- Adulterated Food, etc. Bill.

A =

B = Buildings Bill.

F = Public Health (Food) Bill.

Q=Public Health (Human Quarantine etc.) Bill.

:

QI Public Health (Animals and Birds) Bill.

SFublic Health (Sanitation) Bill.

U Urban Council Bill.

-

Section of Public Health

and Buildings Ordinance, 1903.

Corresponding Sections of new enactments.

5

6

B 3 and S 2.

B 4, F 2, Q 2, S 3 and U 2.

16

F 5, Q 9, Q1 3 and S 4.

17

F 7, Q1 4 and S 5.

21

Q 75 and S 8.

49

S 44 and 49.

53

S 72 and Q1 70.

153

155

159

B 77 and S 33.

B 78 and S 35.

B 98 and S 40.

162

S 42.

163 and 164

B 100 and S 62.

181

185

186

B 86 & S 15 and by-laws (Scavenging).

B 92 and S 90.

B 93 and S by-law 10 (Scavenging).

213

B 114 and S 29.

230

B 127 and S 28.

235

B 132 and S 76.

251

B 148 and S 91.

252

B 149 and S 92.

253

B 150 and S 93.

254

B 151 and S 94.

255

B 152 and S 77.

257

B 153 and S 79.

258

B 154 and S 80.

259

B 155 and S 81.

261

262

264

B 156 and S 82. B 157 and £ 83. B 158 and S 38.

264 A

P 159 and S 14.

265

B 161 and S 84.

265 A

B 162 and S 85.

265 B

B 163 and S 86.

265 C

B 164 and S 95.

265 D

B 165 and S 96.

267

B 167 and S 99.

268

S 100 and F 11.

269

270

B 169 and S 97, F 10, Q 106, Q1 71. B 170 and S 98.

195

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 2.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st December, 1934, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$3

$

Chartered Bank of India, Australia and China.

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited.......

19,848,496

8,300,000*

131,755,918

132,750,000†

1,996,993

1,350,000$

TOTAL

$

153,601,407 142,400,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £753,300.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

4th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

Colonial Secretary's Department.

  No. S. 3. The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

4th January, 1935.

111-1124

W. T. SOUTHORN,

Colonial Secretary.

196

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 4.-The following names of successful tenderers are notified for general information :-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 359 of 15.10.34.

S. 399 of 9.11.34.

S. 396 of 7.11.34.

S. 421 of 27.11.34.

S. 422 of 30.11.34.

S. 408 of 15.11.34.

S. 393 of 9.11.34.

S. 394 of 9.11.34.

S. 395 of 9.11.34.

S. 420 of 23.11.34.

Tender for Chinese Cemeteries. Messrs. Tai Tack Shing & Co.

Tender for the Supply of meals to Chinese prisoners, Wit- nesses and Deportees.

Tender for Medical Depart-

ment Contract.

Tender for repairs to R.T.

Kau Sing.

Tender for the Completion of

Contract No. 29 of 1934.

Mr. Chan Sum.

Messrs. A. S. Watson & Co., Ltd., Dairy Farm Ice & Cold Storage Co., Ltd., Hop Kee, The Asia Co. & Tak Cheong.

Messrs. Taikoo Dockyard &

Engineering Co., Ltd.

Messrs. Hop Shing & Co.

Tender for erection of Steel Messrs. Kin Lee & Co.

Frame for Sisters Quarters,

New Government Civil Hospital.

Tender for making Tree Pits, Messrs. Shing Loong.

Planting Trees and Sowing

Seeds in situ.

Tender for the Supply of Messrs. Cheung Hing Tai.

Flower Pots.

Tender for the Supply of Messrs. Li Kau.

Labour and Stores Botani-

cal and Forestry Depart-

ment.

Tender for Slipping and Paint-Messrs. H.K. & Whampoa

ing H.M.S. Cornflower.

Tender for Lighting set for

H.M.S. Cornflower.

Tender for Demolition of Shau-

kiwan Pier.

Tender for Boots, H.K.V.D.C.

S. 419 of 23.11.34.

S. 423 of 27.11.34.

S. 409 of 16.11.34.

S. 433 of 7.12.34.

Tender for Photographing.

S. 434 of 4.12.34.

Dock Co., Ltd.

Messrs. Reiss, Massey and Co.,

Ltd.

Messrs. Tai Tack Shing & Co.

Messrs. Fook Shing.

Mr. Yim Fong.

Tender for purchase of Sailing Mr. Lam Cheong Kee.

Barge, "S.D.E."

GOVERNMENT NOTIFICATION.

S. 435 of 7.12.34.

- 197

PARTICULARS.

FIRMS.

Tender for the purchase of Messrs. Kwong Sun & Co.

certain unserviceable Gov- ernment Stores, Harbour

Master's Department.

Tender for Cleaning Type- Messrs. Dodwell & Co.,

writers.

Ltd.

S. 414 of 21.11.34.

S. 371 of 26.10.34.

Tender for Demolition of Ren-

nies' Mills, Junk Bay.

Mr. P. N. Chow.

Messrs. Shing Loong.

S. 392 of 9.11.34.

S. 436 of 7.12.34.

S. 412 of 23.11.34.

4th January, 1935.

Tender for supplying Black-

soil and Turfing.

Tender for Reconstruction of Mr. Ma Yiu Ting.

Sheung Shui Station Build-

ing.

Tender for the supply of Messrs. The Indian Stores:

Rations to Indian Prison Staff.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

No. S. 5.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. must comply with the

Steerage passengers vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

4th January, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301,

W. T. SOUTпORN,

Colonial Secretary.

GOVERNMENT NOTIFICATION.

S. 435 of 7.12.34.

- 197

PARTICULARS.

FIRMS.

Tender for the purchase of Messrs. Kwong Sun & Co.

certain unserviceable Gov- ernment Stores, Harbour

Master's Department.

Tender for Cleaning Type- Messrs. Dodwell & Co.,

writers.

Ltd.

S. 414 of 21.11.34.

S. 371 of 26.10.34.

Tender for Demolition of Ren-

nies' Mills, Junk Bay.

Mr. P. N. Chow.

Messrs. Shing Loong.

S. 392 of 9.11.34.

S. 436 of 7.12.34.

S. 412 of 23.11.34.

4th January, 1935.

Tender for supplying Black-

soil and Turfing.

Tender for Reconstruction of Mr. Ma Yiu Ting.

Sheung Shui Station Build-

ing.

Tender for the supply of Messrs. The Indian Stores:

Rations to Indian Prison Staff.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

No. S. 5.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. must comply with the

Steerage passengers vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

4th January, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301,

W. T. SOUTпORN,

Colonial Secretary.

"""་-""""་་་་་"

!

No. S 6.

198

NOTICE TO MARINERS.

No. 3/1935.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

3rd January, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

   No. S. 444.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for New Magistracy, Kowloon ", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of January, 1935. The work consists of the erection of a three storeyed building, containing Court Rooms, Offices and two Flats.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

19th December, 1934.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 445.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Mount Parker Catchwater-Second Section", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of January, 1935, for the construction of Mount Parker Catchwater (Second Section) and Contingent Works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

19th December, 1934.

R. M. HENDERSON,

Director of Public Works.

Ν

NOTICE OF TRANSFER

IN pursuance of the Fraudulent Transfer of

         Businesses Ordinance No. 25 of 1923, Notice is hereby given that Henry Russell Forsyth of Gloucester Building, Victeria, in the Colony of Hong Kong, 'hartered Account- ant the Receiver appointed by the Debenture holders of Brewers The Bookshop Limited, whose registered office is situate at Victoria aforesaid is desirous of transferring the busi- ness now carried on by Brewers The Bookshop Limited, at 10, Pedder Street, Victoria aforesaid including the furniture fixtures and stock in trade to Charles Ernest Watson of Shameen Canton in the Republic of China Merchant one month from the date hereof.

       The Transferee intends to carry on the said business at 10, Pedder Street, Victoria, afore- said under the style of Brewers Bookshop and will not assume the liabilities of Brewers The Bookshop Limited, incurred in the said business.

Dated this 4th day of January, 1935.

H. R. FORSYTH,

No

200

NOTICE.

OTICE is hereby given that the under-

signed ChanMing Wo(陳明和)

alias Chan Fook Yam Tong (陳福蔭

of Victoria, in the Colony of Hong Kong. Merchant, that he has sold all his share and interest of and in the Luen Yick Hong

行) of No. 32, Bonham Strand

West, Victoria, aforesaid on the 6th day of December, 1934, and that as from the aforesaid date all his interest and responsibility as a partner of the said Luen Yick Hong ceased.

Dated the 3rd day of January, 1935.

CHAN MING WO,

(陳明和),

alias

CHAN FOOK YAM TONG

(陳福蔭堂)

Receiver.

C. E. WATSON,

Transferee.

(FILE NO. 206 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark..

NOTICE OF RESIGNATION.

NOTICE is hereby given that I have resign-

ed from the compradoreship of Messrs.

Petersen & Co. of York Building. Hong Kong, with effect from the 31st December, 1934.

      Correspondents are requested to address all future communications to me as follows:-

FOK MAN CHI, No. 10, Essex Cresent, Kowloon Tong.

Dated the 3rd day of January, 1935.

(FILE NO. 188 of 1933)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Far East

          Aviation Company Limited, a Com- pany duly incorporated and registered under the Companies Ordinances of Hong Kong and whose registered office is at Kayamally Build- ing, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 3rd day of May, 1933, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark:-

NO

OTICE is hereby given that the Fung Hang Handkerchief Manufacturers of No. 20, Burd Sirect, (Ground floor), Victoria, in the C'olony of Hong Kong, have on the 14th day of July, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MILL

BRAND

in the name of the Fung Hang Handkerchief

白告項出

甲頂年物項清香 戌 人生十牌作招卽償景港 年 無押二照牌席迫兼薄 十 涉加月傢了舖議於為扶 此入日私結衣决各林 月 佈昌匹舖在等責戌方道 卝 記日底案召成年 門 照交等今人司十累牌 常易一承理片損一 營自議頂人初尖十 業交頂案將將八四 日易與將所全日鉅號 司利 後後昌利得盤在以利 理生 生任記生生本至生 人押 意由承押欵意押所抑 何股 盈新受全掃貨召欠生 席東 虧承定盤數物集債意 馨及 概人期生攤牌債項因 謹 與用甲意還照權不連 啟 出囘戌貨值傢會足年

白告受承

甲概利切日昌交等生道 我不生前記易訂意門者 年資押轕有二清期貨牌我 十責理未欠字楚甲物一昌 一此 清各照戌牌+記

Manufacturers, who claim to le the proprittors 承月佈一者界常用年照四承

thereof.

The Trade Mark has been used by the applicants since the year 1933, in Class 25 in

respect of Cotton handkerchiefs not in the piece.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of November, 1!:34.

THE FUNG HANG HANDKERCHIEF MANUFACTURERS,

20, Burd Street, Hong Kong, Applicants.

頂卄 經請揭營囘十舘號受 四 交先借業利二底利本 昌日 易向等偷生月傢生港 新出項利押私押薄 承頂及生加四招全扶 人人一押入日牌盤林

昌記謹啓

The Hong Kong

Government Gazette

g

FEACO

     in the name of The Far East Aviation Company Limited, who claim to be the proprietors there- of.

       The Trade Mark is intended to be used by the Applicants forthwith, in respect of the following goods :-

Motor engines, motor tractors their structural parts and accessories therefor, in Class 6.

Motor cycles, motor cars, motor trucks, motor vehicles and chassis and their structural parts and accessor- ies therefor, in Class 22.

Dated the 2nd day of November, 1934.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

THE

TRADE MARKS ORDINANCE

(No. 40 of 1909)

Price $1.00 per copy

obtainable at

Noronha and Company

Government Printers

Local Subscription.

Per annum(payable in advance),......$18.00 Half year, Three months,

(do.),

(do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character, Repetitions,

10.00

6.00

.$1.001 for let .$0.20 insertion

5 cents. Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

(FILE No. 498 or 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Yuen

H Kwong Wo Firm,

of No. 12, Jervis Stret, Victoria, Hong Kong, proprietors of the Lee Hing Company

201

(FILE No. 487 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Sang Kee

(4)

Firm of No. 6 Con- naught Roal, West, (First Hoor), Victoria, in the Colony of Hong Kong, have, on the 15th day of November. 1934, applied for the regis-

(E) have, by an application tration in Hong Kong in the Register of Trade

dated the 27th day of November, 1934, applied for the registration in Hong Kong, in the begister of Trade Marks, of the following Trade Mark :-

BEST

QUALITY

Marks of the following Trade Mark :-

挐翠漿

行發

天字

(FILE No. 486 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that Java Flash-

light Factory, of No. 23 Yen Chow Street, Shumshuipo, Kowloon, in the Colony of Hong Kong, have on the 14th day of November, 1931, applied for the re.istration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

COCK

BRAND

TRADE

MARK

EEN

ULTRAMARINE BLUE

in the name of the sail Yuen Kwong Wo Firm proprietors of the Les lling Company, who claim to be the proprietors thereof.

      The Trade Mark has been used by the applicants in respect of Ultramarine Blue in Class 1 for the last 25 years or thereabouts.

Dated the 7th day of December, 1934.

GEO, K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

(FILE No. 488 of 1934)

TRADE MARKS ORDINANCE, 1909

NOT

Application for Registration of

a Trade Mark.

"OTICE is hereby given that the Lung Kai Bros. Knitting Factory of No. 222, Tung Choi Street, Ko vioo in te Clony of Hong Kong, have on the 16th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :--

LING KAI FACTORY

牌魚飛

FLYING

FISH

廠造纖弟兄溪龍

in the name of the Lung Kai Bros. Knitting

Factory, who claim to be the proprietors there-.

of.

     The Trade Mark is intended to be used forth- with by the applicants in respect of Singlet, Hosiery and other ready made clothing in Class 38.

     Facisniles of such Trade Mark can be seen at the Offie of the Registrar of Trade Marks and of the undersigned.

Dated the 7th day of December, 1934.

LUNG KAI BROS. KNITTING FACTORY, No. 222, Tung Choi Steet, Kowloon, Applicants.

in the name of the said Sang Kee Firm, who claim to be proprietors thereof.

The said Trade Mark is intended to be usel by the applicants forthwith in respect of Chinese paper in Class 39.

The applicants dischim the right to the ex- clusive use of a'l the Chinese characters and of the device of the national flag of the Chinese Republic appearing on the mark.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 7th day of December, 1934.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

(FILE No. 496 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Resistration of

a Trade Mark.

OTICE is hereby given that George Dobie

and Son Limited, of Four Square Works, Paisley, Scotland, on the 16th day of October, 1931, applied for the registration, in Hong Kng, in the Register of Trade Marks, of the following Trade Mark viz:--

FOUR SQUARE

in the name of the said George Dobie & Son Limited, who claim to be the proprietors there- of.

The Trade Mark has been used by the Ap- plicants in respect of Tobacco, whether manu- factured or unmanufactured in Class 45.

Dated the 7th day of December, 1934.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

Hong Kong.

in the name of the said Java Fleshlight Fac- tory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Flashlight in Class 8.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 7th day of December, 1931.

RUSS & CO.,

Solicitors for the Applicants,

No. 6, Des Voeux Road Central, Hong Kong.

(FILE No. 492 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Shing

Hing Company (誠興公司)

of No. 80. Prince Edward Raod, Kowloon, Hong Kong, have, by an application dated the 22nd day of November 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Shing Iling Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Matches in Class 47.

Dated the 7th day of December, 1934.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicants, St. George's Building,

Hong Kong.

comm

204

LEGISLATIVE COUNCIL.

No. S. 7.-The following Bills were read a first time at a meeting of the Council held on the 10th January, 1935:-

A BILL

[No. 46-5.11.34.-1.]

J

Short title.

Substitution for Ordin- ance No. 6 of 1906,

s. 15 (2).

Amendment

of Ordin- ance No. 6 of 1906, s. 15, s.s. 3 and 4.

INTITULED

An Ordinance to amend the Asylums Ordinance, 1906.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Asylums Amend- ment Ordinance, 1935.

2. Sub-section 2 of section 15 of the Asylums Ordinance, 1906, is repealed and the following sub-section is substituted therefor :-

(2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully detained in any prison or house of detention, is, in the opinion of the Medical Officer of the prison or house of detention, as the case may be, in which such person is confined, of unsound mind or likely to become of unsound mind, the Governor may by warrant under his hand order such person to be removed to an asylum and to be detained there until the expiration of his sentence or period of detention or until further order.

3. Sub-sections 3 and 4 of section 15 of the Asylums Ordinance, 1906, are amended by the insertion of the words "or period of detention" immediately after the words "the expiration of his sentence" in each sub-section.

Objects and Reasons.

1. Section 15 (2) of the principal Ordinance (as enacted by section 8 of the Asylums Amendment Ordinance, 1927) provided only for the committal by order of the Governor to an asylum of prisoners under sentence who were certified by the prison Medical Officer to be of unsound mind.

2. Remand prisoners, detention prisoners and persons committed to the house of detention as vagrants were thus left outside the scope of this provision, as well as prisoners and persons detained who showed signs of insanity but could not be definitely certified as insane.

3. The present Bill remedies these defects.

C. G. ALABASTER,

Attorney General.

November, 1934.

C.S.O. 4855/34.

205

[No. 48-5.12.34.-1.]

A BILL

INTITULED

An Ordinance to amend the Public Health and Buildings

Ordinance, 1903.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Public Health and Short title. Buildings Amendment Ordinance, 1935.

2. Paragraph (7) of section 16 of the Public Health and Amendment Buildings Ordinance, 1903, is amended by the addition of the of Ordinance following words before the semi-colon at the end thereof :-

"and the prescribing of fees to be paid by householders in respect of such removal".

No. 1 of

1903, s. 16,

para. (7).

Objects and Reasons.

The purpose of the amendment effected by this Bill is to make possible the imposition of a charge on householders for the removal of night-soil and other excretal refuse from their premises where such removal is undertaken by the Sanitary Board. Such removal has been undertaken hitherto without charge in the Hill District only. In other districts house- holders make their own arrangements for night-soil removal.

December, 1934.

C. G. ALABASTER,

Attorney General.

206

[No. 34-10.12.34.-4.]

Short title.

Government buildings and works exempt.

Saving as to tenancy contracts.

Inter- pretation.

Adjoining

owner.

Author of a nuisance.

Authorised architect.

Balcony.

Basement.

(C.S.O. 4301/29).

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

the construction of Buildings.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Buildings Ordin- ance, 1935.

Exemptions and Savings.

2. The provisions of this Ordinance with reference to the construction of buildings and the carrying out of worl:s shall not apply in the case of buildings or works belonging to the Crown or to the Colonial Government or upon any lard vested in any person on behalf of His Majesty's naval, military or air force services; but all the provisions of this Ordinance in relation to hoardings, scaffoldings, and verandahs, balconies and areas on or over or into unleased Crown land shall apply without exception to all buildings throughout the Colony.

3. Nothing herein contained shall vary or affect the rights or liabilities as between landlord and tenant under any contract between them.

Interpretation.

4. In this Ordinance,

(1) "Adjoining owner" means the owner or one of the owners, and "adjoining occupier" means the occupier or one of the occupiers, of land, buildings, storeys or rooms adjoining those of the "building owner"

(2) "Author of a nuisance" means the person by whose act, default, permission, or sufferance the nuisance arises or continues.

(3) "Authorised architect" means any individual whose name appears in the list of authorised architects hereinafter provided for.

(4) "Balcony" means any stage, platform, oriel or other similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

(5) "Basement" means any cellar, vault, or under- ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding 2 feet above the floor level.

207

(6) "Build" includes carry on works.

Build.

(7) "Building" includes any part of a domestic building, Building. house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy. kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding.

(8) "Building Authority" means the Director of Public Building Works or such other person as the Governor in Council may Authority. appoint to give effect to the provisions of this Ordinance.

(9) "Building owner" means such one of the owners of Building adjoining land who is desirous of building, or such one of the owner. owners of buildings, storeys, or rooms, separated from one another by a party wall or party structure who does or is desirous of doing a work affecting that party wall or party

structure.

works.

(10) "Building works" includes any building construc- Building tion, site formation, repairs, alterations, additions and every kind of building operation whatsoever.

(11) "Cement" means Portland Cement.

Cement.

(12) "Cockloft" includes any floor other than a ground Cockloft. floor, and any platform or landing of a greater breadth than three feet and which has not a clear space of nine feet measured vertically above it.

(13) "Cross wall" means any wall not exposed to the Cross outer air other than a partition wall, used or constructed to wall. be used for separation of one part of any building from another part of the same building.

building.

(14) "Dangerous building" means a building in such a Dangerous condition as to cause risk of injury either to the occupiers or users of such building or to the occupiers or users of any neighbouring building, or to passengers.

(15) "Domestic building" means any building con- Domestic structed, used, or adapted to be used, wholly or partly, for building. human habitation, but does not include any building where caretakers only, not exceeding two in number, pass the night.

(16) "Exceptional building" includes (i) every public Exceptional building, factory, workshop, bakery, brewery, distillery, building. pawnshop, every building intended for special uses, every building made wholly or partly of reinforced concrete, every building made wholly or partly of glass, iron or other material not provided for in this Ordinance, and (ii) every part of every building which is an exceptional building within the meaning of the first part of this paragraph.

(17) "External air" means the air of any space which External is vertically open to the sky and unobstructed and which, air. (when measured from and at right angles to the external surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony), has a dimension of not less than thirteen feet

External

wall.

Factory.

Floor.

Hill-side.

Hill District.

Kowloon Peint District.

Latrine.

Latrine

208

throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

(18) "External Wall" means an outer wall of any part of any building not being a party wall, even though adjoining to a wall of another building but does include any outer wall of a verandah projecting over a street.

(19) "Factory" means any premises or place wherein or within the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

(20) "Floor" includes any horizontal platform forming the base of any storey, and every joist, board, timber, stone, brick, or other substance, connected with and forming part of such platform.

(21) "Ilill-side" means the face of the natural hill, or the face of any scarp or retaining wall built to support the same, or any artificial filling in or terracing with earth behind such scarp or retaining wall, made with the object of support- ing a street or forming a site for a building.

(22) "Hi District" means auy part of the island of Hong Kong above the 700-feet contour.

(23) "Kowloon Point District" means that portion of Kowloon bounded on the South by Salisbury Road, on the North by Jordan Road and Gascoigne Road, on the East by Chatham Road and on the West by Nathan Road.

(24) "Latrine" includes privy, pail latrine, water closet and urinal.

C

(25) Latrine accommodation" includes a receptacle accommoda- for human excreta, together with the structure comprising such receptacle and the fittings and the apparatus connected therewith.

tion.

Main wall.

Mid-level District.

(26) "Main wall" means either an external or a party wall.

(27) "Mid-level District" means that portion of the City of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulam Road at No. 1 Bridge and passing along Pokfulam Road, High Street, Bonham Road and Caine Road as far as Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the Northern boundary of Inland Lots 100, 1086, 122 and 123, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern boundary of War Department land, thence along the Western boundary of Inland Lots 47A. 47 and 1211 until this line. produced meets Monmouth Path, thence in a straight line to

}

209

the North West corner of Inland Lot 2325, thence in a straight line to the North West corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the Southern boundary of the City of Victoria.

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

building.

(28) "New building" includes any building begun after New the 21st February, 1903; and any then existing building thereafter or hereafter altered to such an extent as to necessitate the reconstruction of the whole of any two of its main walls or the removal of the roof and the reconstruc- tion of at least one-half of each of any two of its main walls, whether at the same time or by instalments at different times; and any existing building raised to such an extent that its total height exceeds one and a half times the original height of the building. It also includes the conversion into a domestic building of any building not originally constructed for human habitation, and the conversion into more than one domestic building of a building originally constructed as one domestic building only and any existing building altered in such a manner as to form an additional storey, or the conversion into premises, for separate occupation by different tenants, of any building originally constructed for one tenancy.

(29) "Occupier" means any person in actual occupation Occupier. of any premises.

(30) "Owner" includes any person holding premises Owner. direct from the Crown, whether under lease, licence or otherwise and also any person for the time being receiving the rent of any premises, solely or as joint tenant, or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

(31) "Pail latrine" means latrine accommodation in Pail latrine. cluding a receptacle for human excreta.

wall.

(32) "Partition wall" means any wall of the height of Partition one storey only, or of a less height, used or constructed to be used for separating one part of a building from another part of the same building, and not coming under the definition of "cross wall", "external wall", "main wall" or "party wall".

structure.

(33) "Party structure" means a party wall, and also a Party partition, floor or other structure separating, vertically or horizontally, buildings, storeys or rooms which belong to different owners.

1

Party wall.

Person.

Premises.

Public building.

Room.

Storey.

Street.

Tenant.

Tenement- house.

Verandah.

210

(34) "Party wall" means wall forming part of a building and used or constructed to be used in any part of the height or length of such wall for the separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons

(35) "Person" includes a body corporate, a partnership and an association of persons unincorporated.

(36) "Premises" includes any land, building, or structure. of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or inclosed, cesspool or foreshore also any vessel lying within the waters of the Colony.

(37) "Public Building" includes any building not in occupation of the Naval, Military or Air Force Departments, used for public worship, public instruction, public assembly or public recreation; and also any building used as an hotel a public hall or hospital, or for any other public purpose whatsoever.

or as

(38) "Room" includes any sub-division of any storey of any domestic building other than :---

(a) a cubicle:

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes.

(39) "Storey" means the space between the upper surface of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

(40) "Street" includes the whole or any part of any square, court or alley, highway, lane, road, road-bridge, footpath, or passage whether a thoroughfare or not.

(41) "Tenant" means any person who holds direct from any householder the whole or any part of any floor or floors of any building.

(42) "Tenement-house"

means any domestic building constructed, used, or adapted to be used for human habitation by more than one tenant.

(43) "Verandah" means any stage, platform, or portico. projecting from a main wall of any building and supported by piers or columns.

i

211

-

(44) "Wall" includes cross wall, external wall, main Wall. wall, partition wall party wall, and every other kind of wall whether supporting any structure or not.

(45) "Water closet" means latrine accommodation used Water or adapted or intended to be used in connection with a closet. water carriage system and comprising provision for the flushing of the receptacle by a water supply.

(46) "Window" means a structure placed in an opening Window. in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable, when opened, of aiso admitting air.

(47) "Works" includes the partial or total constructing, Works. reconstructing, pulling down, opening, cutting into, adding to, and altering any building. retaining wall, chimney-stack, flue, ground, road, well, drain, sewer, and any other building operation whatsoever.

Authorised Architects.

architects.

5.-(1) The Clerk of Councils shall publish annually by List of notification in the Gazette a list of all such architects, authorised engineers and other persons as the Governor in Council may deem qualified to perform the duties required by this Ordinance to be performed by an authorised architect. Such list shall include the names of the Director of Public Works and of such other officers of the Public Works Depart- ment as the Governor in Council may think fit. The Clerk of Councils shall from time to time similarly publish the names of persons added to or removed from the last published annual list by Order of the Governor in Council. The last published list as so amended shall be deemed the current authorised list.

(2) The Governor in Council shall not order the insertion of the name of any person in any such list unless he deems him in all respects fit and suitable to be authorised.

(3) The Governor in Council may by order remove the name of any authorised architect who has ceased to practice in the Colony, he may also, on any ground which he may deem sufficient, remove the name of any person he may consider unfit or unsuitable to continue to be authorised; but in such last mentioned case notice shall be given, if practic- able, to the person whose name it is proposed to remove and he shall be entitled to be heard by the Governor in Council, either in person or by counsel, before such removal is made.

Plans, Drawings and Notices.

6.-(1) It shall not be lawful to commence any building Consent of works without the consent of the Building Authority and the Building following procedure shall be adopted :-

Authority required in connection

(a) Notice in writing in or according to the form with all contained in Schedule A of the intention to commence any

new works.

building works shall be given to the Building Authority by Schedule A. leaving the same at his office. Every such notice shall clearly state the locality of the intended building works and the number and section or sub-section of the lot on which it is

Plans to be submitted.

Block plan.

Exceptional Buildings.

Schedule B.

Certificate

of authorised architect required before repairs &c. to existing building.

212

intended to build and shall state any special or material particulars in connection with the same which it is not possible to denote on the plans. Such notice shall also state the name and address of the owner and occupier of the building or lot and shall be signed by such owner or occupier or by the duly authorised agent of such owner or occupier.

(b) Proper plans of such building works signed by an authorised architect showing the position, form, description and dimensions of all portions thereof shall be submitted to the Building Authority with the aforesaid notice for his approval. If repairs, alterations or additions are intended to be made to any existing building they shall be clearly differ- entiated on the plan from the existing work intended to be left intact or utilised in carrying out such repairs, alterations or additions; and if the Building Authority shall consider it necessary so to do he may require further plans to be sub- mitted of other portions of the existing building and of any adjoining buildings. Unless dispensed with by the Building Authority the details of any drainage to be constructed shall be shown on the plan. Every plan shall be drawn on tracing linen or other material approved by the Building Authority, to a scale of not less than one-tenth of an inch to the foot, and shall contain enlarged details with figured dimensions of the principal features of construction and shall also show the position and levels of the surrounding ground and buildings. In cases where several alterations are made in the original design during the carrying on of work involving the submission of amended plans, the Building Authority may require the submission of a complete set of new plans shewing the building as completed. In the case of minor alterations or repairs the Building Authority may dispense with the submission of plans by an authorised architect.

(c) A block plan showing clearly the situation of the premises and the neighbouring streets and buildings drawn to a scale of not less than one inch to fifty feet shall be submitted with such plans and if the Building Authority considers it necessary that any levels or development streets be shewn in such block plan he shall be entitled to require the same so to be shewn.

(d) In the case of a building to be constructed wholly or partly of reinforced concrete or steel such plans shall be accompanied by proper and complete calculations relevant to such reinforced concrete or steel to the satisfaction of the Building Authority and by a certificate signed by an authorised architect in the form in Schedule B.

(e) In the case of repairs, alterations or additions to any existing building such plans shall be accompanied by a certificate from an authorised architect stating that he has inspected such building and that in his opinion it is capable of bearing the weight and stresses of the repairs, alterations or additions proposed to be made in accordance with the said plan and also of any additional weight or stresses which in consequence of such repairs, alterations or additions may be imposed upon it. Such certificate shall be in the form Schedule C. contained in Schedule C.

(f) The Building Authority may also require any other information concerning the proposed building and the uses to which it may be put that he may deem necessary.

213

Authority

are not

(g) The Building Authority shall within twenty eight Building days of the submission of the said plans notify the person to notify submitting the same or his authorised architect or other if plans representative if they are not in accordance with the require regular. ments of this Ordinance and if the Building Authority does not within such period so notify the building shown on such plans may be commenced in the same manner as if the approval of the Building Authority had been received. Provided that in the event of such plans having been withdrawn for alteration during such period of twenty eight days by the person submitting the same or his architect or other repre- sentative the said period shall be calculated from the date of their final submission.

of plans.

(h) If the Building Authority shall within such period of Amendment twenty eight days notify the person submitting the plans or his authorised architect or other representative of any matter in respect of which they are not in accordance with the requirements of this Ordinance then, if they are amended as required, the Building Authority shall approve within a period of fourteen days from the time the amended plans are sub- mitted to him and if he shall not signify his approval within such period the building may be commenced in the same manner as if the approval of the Building Authority had been received.

ment or

(i) It shall not be lawful to resume any building works Notice of if work has been suspended for a period exceeding three commence- months nor to commence any building works which have not resumption been commenced within three months of the date of the of works. approval of the plans, without obtaining the consent of the Building Authority. Seven days notice in writing of the intention to resume or commence such building in or according

to the form contained in Schedule A shall be given to the Schedule A. Building Authority who, before giving his consent may require amended plans to be submitted to him for approval if he considers it necessary for the purpose of complying with the provisions of this Ordinance.

(1) All plans, certificates and notices submitted to the Building Authority shall be filed in his office.

kept on

(2) A copy of every plan approved by the Building Copies of Authority shall be supplied by the authorised architect in plans to be charge of any building works to the contractor engaged on building such work and it shall be the duty of such contractor to keep works. every such plans available on such works for inspection by the Building Authority or any officer deputed by him: Provided that nothing contained in this Ordinance shall be No obliga- construed to render it obligatory upon the Building Authority Government or any Government officer to inspect any building works or to inspect existing building for the purpose of verifying the accuracy building of any plans, certificates or notices submitted to or approved by the Building Authority nor for the purpose of verifying that the provisions of this Ordinance have been complied with in respect of any such plans, certificates or notices.

works, etc.

notice may

mencement

In case any accident or emergency shall render it In case of necessary to shore up, underpin, demolish or otherwise make emergency safe any existing building immediately it shall be lawful so to be given do without first obtaining the consent of the Building Authority after com- provided notice in writing of any such work and of the accident of work. or emergency which necessitated such work shall be given to the Building Authority by the owner or his duly authorised agent within two days thereafter. Failure on the part of an

!

Certificate

architect

required on completion of repairs

&c. to

existing building.

214

owner or agent to give such notice within such time as aforesaid shall render such owner or agent liable upon summary conviction to fine not exceeding five hundred

dollars.

If on inspection the Building Authority or an officer deputed by him considers that the building has been made safe he may order all work to be stopped until such time as proper plans have been submitted to and approved by the Building Authority and any owner, agent, architect, engineer or contractor who fails to observe such order shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

(4) On the completion of any repairs, alterations or of authorised additions to any existing building the authorised architect who supervised such repairs, alterations or additions shall furnish his certificate to the Building Authority stating that the same have been completed in accordance with the approved plans. Such certificate shall be in the form contained in Schedule D. Failure to furnish the Building Authority with such certificate within one week after the date of completion of work shown on the approved plan shall render the authorised architect liable upon summary conviction to a fine not exceeding ten dollars per day

per day in respect of each day of his default.

Schedule D.

Adequate supervision

architects.

(5) Adequate supervision in and throughout the carrying by authorised on of works shown on any plans approved by the Building Authority shall be exercised by the authorised architect who has signed such plans: Provided that if at any time prior to the completion of such works the supervision thereof be transferred or changed to another authorised architect the latter shall exercise adequate supervision of such work and shall also if required by the Building Authority furnish fresh plans for his approval.

Penalty for

failure to exercise

adequate supervision.

Misrepre-

sentation in plans, certificates or notices.

Notice in writing of any such transfer or change of supervision shall be given to the Building Authority immediate- ly after the date of such transfer or change by both the authorised architect whose duty it was to supervise the work up to date of such transfer or change and also by the authorised architect to whom the supervision has been transferred or changed. Failure on the part of an authorised architect to furnish such notice to the Building Authority within two days after the date of such transfer or change shall render such architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

Failure on the part of an authorised architect to exercise adequate supervision in and throughout the carrying on of any work which it is his duty to supervise shall render him liable upon summary conviction to a fine not exceeding two thousand dollars.

(6) (a) Every misrepresentation of a material fact in any plan, certificate or notice submitted or furnished to the Building Authority shall be deemed a contravention of this Ordinance and the person who has signed any such plan, certificate or notice shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

215

from

(b) Every material divergence or deviation from the work Divergence shown in any plan approved by the Building Authority, unless or deviation such divergence or deviation has received the written approval approved of the Building Authority shall be deemed a contravention of plans. this Ordinance. In respect of any such divergence or devia- tion which is not so approved, every owner, agent, architect, engineer or clerk of works who condones such divergence or deviation and every contractor employed in the building who carried out such divergence or deviation shall upon summary conviction be liable to a fine not exceeding two thousand dollars in respect of every such divergence or deviation. Every material divergence or deviation from the work shown I such plan shall be reported in writing to the Building Authority within seven days from the date on which such divergence or deviation occurred, by the authorised architect whose duty it is to supervise such work. Failure on the part of such authorised architect to furnish such report to the Building Authority within the above-mentioned period shall render such authorised architect liable upon summary conviction to a fine not exceeding two thousand dollars and such failure shall be deemed prima facie evidence of condona- tion by such authorised architect of such divergence or deviation.

to require

(7) In the case of any contravention of this Ordinance Power of under sub-section (6), a Magistrate shall also have power to magistrate order the building works or any portion thereof to be forthwith compliance altered or demolished so as to comply with the requirements with Ordin. of this Ordinance and to the satisfaction of the Building Authority.

ance.

Design of buildings.

domestic

Mid-level,

7. It shall not be lawful to erect any Chinese domestic Chinese building (unless specially sanctioned by the director of Public buildings Works who shall be the sole judge as to what constitutes a within Chinese domestic building) other than quarters for occupation Hill, or by servants, within the Mid-level District, the Hill District Kowloon or Kowloon Point District and no non-Chinese domestic build- Districts ing shall be divided with the object of providing for its оссира- prohibited. tion by more than one person to every one thousand cubic feet of clear internal space.

Foint

complaint.

8. Upon the complaint of any person (whether such per- Building son be aggrieved or not) that a Chinese domestic building has Authority to inspect been built within the Mid-level District, the Hill District, or any such Kowloon Point District or that any domestic building in either building on of such districts is sub-divided, in contravention of the pro- visions of this Ordinance, the Building Authority or any officer deputed by him for the purpose, shall inspect such building, and any person in any way obstructing such inspection shall be deemed to be acting in contravention of this Ordinance.

Chinese in

or Kowloon

9. Nothing in sections 7 and 8 shall be held to prevent Restriction the owners of Chinese domestic buildings now existing within to the

not to apply the Mid-level District or the Hill District, or Kowloon Point residences of District from repairing such buildings in accordance with their the Mid- present structure, nor shall anything in this Ordinance be held level, Hill to preclude any Chinese or other person from owning or Point occupying or residing in any lawful domestic building in the District. Mid-level District, the Hill District or Kowloon Point District; nor shall the said sections apply to any land in the occupation of the Naval, Military or Air-force Departments, but they shall

Existing

rights of the

Government to regulate type of buildings to be erected preserved.

Hoard-

ings and

forms, scaffold- ing, etc.

216

apply to any land now in the occupation of the Naval, Military or Air-force Departments whenever such land ceases to be in such occupation.

10. Nothing contained in this Ordinance shall be held to affect the right, which has hitherto been exercised by the Government, of forbidding the erection in any part of the Colony (whether in the Mid-level District or the Hill District or Kowloon Point District or elsewhere) of buildings of a different character from those previously existing on the same site. The Building Authority shall have the power to refuse his approval of the plans of any building which differs in design or character from those in the immediate neighbourhood.

Hoardings and scaffoldings.

11. Every person who is about to erect or take down any safety plat building shall, before commencing to erect or take down such building, cause to be put up and maintained such hoarding and platforms as may be necessary for the safety and con- venience of passengers and the occupiers of adjoining property; but no pathway or thoroughfare shall, during building opera- tions or otherwise be occupied by a hoarding, platform or scaffolding or any building material whatever except by per- mission of the Building Authority or an officer deputed by him in that behalf, who may grant permission on a written applica- tion.

Authorised building materials.

Exceptional buildings.

Fower to

tions relating

The pavement, side channel and surfacing of any thoroughfare shall not be broken up, or into, by the excava- tion of holes for the purpose of securing any hoarding or scaffolding poles and the side channels shall be in no way obstructed by such hoarding or scaffolding poles or by any building debris or building material.

Building materials.

12. Except as hereinafter provided, the walls of all per- manent buildings shall be constructed exclusively of good hard well burnt brick, sound stone, or other hard and incombustible material approved by the Building Authority.

13. Subject to the provisions of any regulations made under section 14, the design construction and situation of every exceptional building shall be subject to the special approval of the Building Authority.

14. It shall be lawful for the Governor in Council to make regula- make regulations governing the design construction and sit- to exception uation of exceptional buildings or any class of exceptional al buildings. building. The regulations in Schedule B shall be deemed to

Schedule B.

Buildings in districts outside the City of

Victoria or Kowloon.

Construc-

have been made under this section.

15. Notwithstanding anything herein to the contrary provided, where any building is outside the boundaries of the City of Victoria or Kowloon such building if separated by a distance of not less than one hundred and fifty feet from any other building, may have walls, verandahs and balconies con structed wholly or partly of wood, and such building shall be deemed to be an exceptional building and shall be subject to the approval of the Building Authority in each particular case.

Walls.

     16. Every wall shall be constructed of brick, stone or tion of walls other hard incombustible substance, solid across its entire regulated.

thickness and shall be properly bonded and substantially put

217

together with good cement or lime mortar to the satisfaction of the Building Authority. Except where specially permitted in this Ordinance, no part of such wall shall be thicker than any part underneath it, and all cross walls and return walls shall be properly bonded into main walls. Sound blue bricks may be used in the walls of the uppermost storey only of a building, or, where such storey exceeds fifteen feet in height, in the uppermost fifteen feet of the walls of such storey; but blue bricks, may not, without the approval of the Building Authority, be used in the walls of the other storey or storeys.

17. (1) Every person who erects a new building shall Thickness construct every external and every party wall of such building of external

                               and party not exceeding thirty-five feet in length, clear of cross walls, walls, in accordance with the following rules, and in every case the thickness prescribed shall be the minimum thickness of which such wall may be constructed :-

(a) Where the wall does not exceed 12 feet in height, it shall be 9 inches thick for its whole height.

(b) Where the wall exceeds 12 feet but does not exceed 25 feet in height, it shall be 13 inches thick for its whole height.

(c) Where the wall exceeds 25 feet but does not exceed 40 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 18 inches thick, and in the other storey or storeys 13 inches thick.

(d) Where the wall exceeds 40 feet but does not exceed 55 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

(e) Where the wall exceeds 55 feet but does not exceed 70 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

(f) Where the wall exceeds 70 feet but does not exceed 80 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 311⁄2 inches thick, the wall in the next storey 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

Provided that-

(i) in cases where the number of storeys is less than that indicated in the foregoing rules or where the walls are con- structed in good cement mortar, the respective thicknesses of the walls shall be determined by the Building Authority;

(ii) in the case of two-storied buildings and of the upper- most two storeys of buildings containing a greater number of storeys, the walls may be 13 inches thick throughout the height of such two storeys, provided such height does not exceed 25 feet;

(iii) no storey shall exceed in height 15 feet without the permission of the Building Authority, who shall in such case prescribe to what extent, if any, the walls shall be increased in thickness. Such increase of thickness may be provided for by piers of the required thickness and of such collective length, not exceeding one.fourth part of the length of the walls, as the Building Authority may require.

Sec. 17 to apply to

walls here-

218

(2) If any wall exceeds 35 feet but does not exceed 60 feet in length clear of cross walls, the thickness of such wall shall, unless the Building Authority otherwise permits, be in- creased by adding 44 inches to the thickness specified in sub- section (1).

18. The provisions of section 17 shall also apply, in the case of existing buildings, to any walls or portions of walls after erected hereafter erected or re-erected therein: Provided that in any case where from any cause it is not practicable or desirable to apply such provisions, the thicknesses shall be determined by the Building Authority.

or re-erected.

Limitation

of length of walls.

Cross walls.

Walls

over 80 feet

in height to be

Building Authority.

19.-(1) No wall, other than a boundary wall, shall exceed sixty feet in length, clear of any return or cross wall, without the approval of the Building Authority.

A wall shall not be deemed a cross wall for the purpose of determining the length of any external or party wall unless it is carried up to the top of the topmost storey, and unless in each storey the aggregate extent of the vertical faces or eleva- tions of all the recesses and that of all the openings therein taken together shall not exceed one-half of the whole extent of the vertical face or elevation of the wall in such storey.

(2) No wall shall exceed eighty feet in height without the approval of the Building Authority. The height of every wall shall be measured from the level of the adjacent foot-path, or, approved by where no foot-path exists, from the level of the street or ground outside to the highest part of such wall or, in the case Measurement of a gable, to half the height of such gable, but shall in no case include any portion of a wall which acts as a retaining wall. Ornamental towers, turrets, or other architectural features or decorations, not exceeding nine feet in height and parapets not exceeding three feet in height shall not be included in measur- ing the height of such wall.

of height

of walls.

Tie-rods required for external

walls more than 35 feet in length.

Thickness of cross walls to be two-thirds that of main walls.

(3) Any external wall of a building exceeding thirty-five feet in length, clear of cross walls, shall be secured at the level of each upper floor, and at the ceiling or roof, with wrought- iron tie-rods not less than one and a quarter inches in diameter, spaced not more than twelve feet apart and extending through such external wall and the nearest parallel wall of such build- ing. The tie-rods shall have screwed ends with nuts bearing upon wrought-iron washer plates not less than eighteen inches square by half an inch in thickness, or cast-iron washer plates to be approved by the Building Authority, and the brickwork of each wall for its full thickness and for an area of two feet square round the end of each tie-rod shall be built in cement-

mortar :

Provided that the Building Authority may modify or dis- pense with the requirements of this sub-section whenever he may consider such requirements unnecessary.

20. The thickness of every cross wall shall be at least two-thirds of the thickness prescribed by section 17 in that behalf for an external wall or party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs, unless, in any particular case, the Building Authority shall specially authorise a less thickness. But if such cross wall supports a superincumbent external wall the whole of such cross wall shall be of the thickness prescribed for an external wall or party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs.

}

................

219

walls.

21. Partition walls not exceeding twelve feet in height Thickness and the external walls of latrines, bathrooms and stair hoods of partition not exceeding eight feet in height may be constructed of brick in cement-mortar of a thickness of four and a half inches, or of reinforced concrete or of such other material and of such thickness as the Building Authority may permit.

be provided.

22. Every wall of every new building shall have a damp- Damp-proof proof course composed of materials impervious to moisture courses to to be approved by the Building Authority extending throughout its whole thickness and at such level as the Building Authority may require.

Every external or enclosure wall which abuts against the earth shall be protected by a vertical damp-proof course set in a position satisfactory to the Building Authority.

of founda-

23. The foundation of every wall of a building shall be Construction of footings of sound stone, brick, concrete, or other equally fou hard substance, carried down to a depth of not less than twice the thickness of the wall in the lowest storey of the said building; and the lowest course of every such foundation shall be of a width of not less than twice the thickness of the wall in the said lowest storey, and the width of such foundation shall diminish gradually towards the upper surface thereof in regular steps or offsets: Provided that on rock or hard ground of an incompressible nature, or in sandy, unstable or soft ground, the Building Authority may permit or require the foundations of all works and buildings to be of such special depth and width and of such materials as shall be approved by him as being in each particular case applicable to such ground.

24. Retaining walls shall be constructed of masonry, Retaining brickwork or cement concrete. Such walls when constructed walls. of masonry or brickwork shall be properly bonded and built solid throughout in cement mortar or when built in masonry may be laid dry.

Every retaining wall shall be provided with one or more adequate foundation courses of cement concrete laid at right angles to the face of the wall on solid ground or piling and each course shall not be less than 12 inches in depth and shail project at least 6 inches beyond the face of such wall and shall extend the full thickness of such wall. All masonry and brick walls exceeding 12 feet in height shall be provided with lacing or bond courses of good cement concrete at least one foot in depth extending throughout the full thickness of the wall. The lacing courses shall be thoroughly keyed into the wall on their upper and lower beds. The distance between the top of the foundation courses and first of such lacing courses and the distance between any two adjacent lacing courses shall not exceed 6 feet measured vertically. In the case of a masonry wall the stones shall be roughly squared and have flat beds, and bond or header stones at least 2 feet 6 inches in length must be inserted in alternate courses and laid to break joint and there shall not be less than one such bond or header At stone to every square yard of surface area of the wall. the back of every retaining wall (except when such is con- structed in dry masonry) there shall be formed a layer of hand-packed broken brick or granite of a thickness of at least 12 inches and every such wall shall also be provided with weepholes of not less than 3 inches internal diameter and at least one such weephole shall be provided to every four super- ficial yards of the face of the wall.

~

Construction of boundary or enclosure walls.

Party walls to be carried up above roof.

Openings through

party or external

walls.

Recesses.

Returns to shop fronts.

220

Every retaining wall shall be provided with a proper cop- ing of cement concrete or other impervious material approved by the Building Authority and adequate channels shall be formed at the top and toe of every such wall to intercept and carry off stormwater.

The design of every retaining wall, breast wall, dam or similar structure shall be subject to the approval of the Building Authority to whom a stress diagram of the wall must be sub- mitted.

25. No person shall construct or reconstruct any bound- ary wall or enclosure wall fronting any public road or thoroughfare unless it is solid throughout its entire thickness and built of brick or stone properly bedded and bonded together, surmounted by a coping of dressed stone or properly moulded bricks set in cement mortar or constructed of such other materials as may be approved by the Building Authority.

26. Every party wall shall unless exempted by the Build- ing Authority be carried up above the upper surface of the roof of every building to a height of at least eighteen inches, measured at right angles to the slope of the roof, and every such party wall and every parapet wall shall be properly coped with a coping composed of cement and sand in the proportion of not less than one part of cement to every two parts of sand, or of such other material as the Building Authority may approve, or shall be otherwise protected in order to prevent water soaking into such wall.

27.-(1) Openings may only be made in party walls to an extent not exceeding one half of their area on each storey unless in the opinion of the Building Authority a greater area may be allowed.

(2) When it is desired to close any openings previously made through any party wall, such openings shall be solidly stopped up with brick or stone-work of the full thickness of the party wall, and such brick or stone-work shall be built in lime-mortar or cement-mortar and properly bonded with such party wall. Any future openings through any such party wall shall be restricted to the removal, in whole or in part, of such stoppings, unless the previous openings did not extend to one half of the area of such wall, and additional openings shall only be made in such manner as to ensure that the total extent of the openings, inclusive of those previously made, shall not ex- ceed one half of the area of such wall on each storey.

(3) Recesses may be made in party walls and in external walls: Provided that the aggregate area of such recesses does not exceed one-half the whole area of the wall of the storey in which they are made, and that the backs of such recesses are of not less thickness than thirteen inches in party walls, and nine inches in external walls.

(4) In the case of a shop front left open to the street, the side walls or party walls shall be returned along such front for at least twelve inches where the house has more, and for at least nine inches where the house has not more, than one storey above the ground storey, and such return walls shall be properly bonded into the side walls or party walls in cement mortar. Where such shop front is in a corner building, the side wall shall be returned along such front for at least two feet.

7

221

and recesses to be arched

(5) Every opening and every recess in any wall shall Openings either be arched over with brick or stone-work in cement- mortar or spanned by a steel girder or ferro-concrete beam or spanned. of such dimensions and construction as the Building Authority. may consider necessary for the support of the superincumbent weight.

prohibited.

28. No lath and plaster wall, or other hollow wall, shall Lath and be hereafter constructed in any building except with the per- plaster walls mission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Bonding for the walls of domestic buildings.

domestic

29. Every building hereafter erected, shall have courses Bonding of of hoop-iron, tarred and sanded, or other suitable bonding, walls of built into the main walls at the level of the foundations, if buildings. required by the Building Authority, and at the level of each floor and at the level of the eaves. Each such course shall consist of not less than three bands in the case of foundations. and of all walls of a thickness of not less than eighteen inches, and of not less than two bands in the case of all walls of a less thickness than eighteen inches; each hoop-iron band shall measure not less than one inch and a quarter in width, and not less than one-thirty-second of an inch in thickness, and such bands shall be continuous and lap-jointed wherever prac- ticable. In any case in which continuous bands are not prac- ticable they shall be arranged as the Building Authority may require.

Bressummers and lintels.

and lintels.

30. Every joist, bressummer and lintel shall be of Bearings of sufficient strength and rest upon a template of cement concrete bressummers or stone laid in cement mortar and shall have a bearing of not less than the depth of the member.

Concreting of ground surfaces.

31.-(1) The ground surface of the lowermost storey or Impermeable where there is a space below such storey then the ground sur- floors to

be provided. face of such space, of every building and the floor of every [cf. s. 167.1 kitchen, bathroom, latrine, and water closet and the ground surface of every area, backyard, court-yard, alley-way or space on which slops may be thrown or from which foul waters flow, shall be properly covered over with a layer of good lime concrete not less than four inches thick finished off smooth with not less than two inches of cement concrete or hard glazed bricks or granite paving or glazed tiles bedded and jointed in cement mortar or with not less than four inches of cement concrete or with such other material as may be ap- proved by the Building Authority. For the purposes of this section the cement concrete shall be composed of one part of cement, two parts of sand and four parts of stone broken to pass a one inch ring for interior surfaces and one part of cement, three parts of sand and five parts of stone broken to pass a one inch ring for exterior surfaces.

(2) The ground surface of every area, kitchen, latrine, water closet, backyard, court-yard, alley-way or space on which slops may be thrown, shall have a fall of not less than 1 in 40 from the walls of the building towards the surface channel or other outlet for the drainage of such surface.

Repairs to

material over ground surface.

[cf. s. 167.]

222

(3) This section shall not apply to any existing domestic building, the ground surface of which has been paved to the satisfaction of the Building Authority in accordance with any existing law or by-law and which is so maintained.

32. Where the ground surface of any building or the impermeable floor of any kitchen, bathroom, latrine, or water closet, or the ground surface of any area, backyard, court-yard, alley- way or space on which slops may be thrown or from which foul waters flow, is or has been paved or covered over with impervious material, and such material has been subsequently broken, excavated or otherwise disturbed, or has perished, the landlord or owner shall make good the same to the satisfaction. of the Building Authority upon the completion of any work for the execution of which the same has been broken or other- wise disturbed or within fourteen days from the receipt by him of written notice from the Building Authority so to do; and in default thereof he shall be liable to a fine not exceeding twenty-five dollars for each offence, and to a further fine not exceeding ten dollars for each day after such conviction during which such offence continues.

Level of the ground floor to be above level of ground outside.

Distance

Floors.

33. The level of the ground floor of every domestic build- ing hereafter erected shall be not less than six inches higher than the highest level of the ground outside such building: Provided that the Building Authority may reduce this require- ment in any case where in his discretion it may appear de- sirable.

34. No floor timbers of any one building shall approach between floor nearer than nine inches towards the floor timbers of any other contiguous building, and the space intervening between the ends of such timbers shall be properly and substantially built up solid with whole bricks or with stone laid in mortar.

timbers of contiguous buildings.

Floors to rest on corbels of brick or stone-work.

Ventilation

ed floors

in the lowest storey.

35. The floors of all buildings including verandahs shall not (unless constructed of concrete or other incombustible material) be built into the thickness of any wall, but shall either rest upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the floor. When any opening in a timber floor is to be filled in, every joist over such opening shall be formed in one length to span from wall to wall unless otherwise approved by the Building Authority.

36. Every person who shall erect a new domestic build- under board- ing shall construct every room in the lowest storey, if provided with a boarded floor, in such manner that there shall be, for the purpose of ventilation, between the underside of every joist on which such floor may be laid and the upper surface of the concrete with which the ground surface or site of such building may be covered, a clear space of an average height of not less than two feet and six inches above the level of the ground outside, and he shall cause such space to be properly ventilated, any openings for such purpose being protected in such manner as effectually to exclude rats from such premises.

Wooden floors to be water-

tight.

37. All wooden floors hereafter constructed shall be properly tongued and grooved or otherwise jointed so as to be reasonably water-tight.

223

38. The floors of all domestic buildings hereafter erected Cement shall, unless specially exempted by the Building Authority, required. skirtings have skirtings of cement or of other impervious material approved by the Building Authority, at least nine inches in height and of a thickness of not less than one inch.

Height of Storeys.

be left

39.-(1) In the case of every domestic building hereafter Space to erected, the lowest storey used or adapted to be used for between human habitation shall contain a clear space of at least eleven floors. feet, measured vertically, and every upper storey shall contain a clear space of at least ten feet measured vertically: Provided nevertheless that in the case of any caretakers' quarters, servants' quarters, kitchen and pantry a clear space of at least nine feet measured vertically, and in the case of any bathroom, latrine and water closet, a clear space of at least eight feet measured vertically shall be sufficient.

40.--(1) In this section-

"Semi-detached' has the same meaning as in section 82.

(2) This section shall apply only to domestic buildings erected after the 24th day of June, 1920.

(3) In detached and semi-detached buildings, and in any building exempted by the Building Authority every storey shall, subject to sub-sections (4) and (5), contain a clear space of at least nine feet six inches measured vertically.

(4) Caretakers' quarters, servants' quarters, kitchens and pantries may be constructed so as to contain a clear space of only nine feet measured vertically.

(5) Bathrooms and latrines may be constructed so as to contain a clear space of only eight feet measured vertically.

Height of storeys

in certain

buildings.

41. No building or part of a building which has a clear Certain space of less than nine feet measured vertically shall be used for human habitation.

Cocklofts.

spaces not

to be used for habita- tion.

42. (1) No cockloft shall be hereafter erected in any Rules as to storey or room which is used for sleeping purposes nor shall cocklofts. a cockloft be erected in any storey of a domestic building other than the ground storey of such building.

(2) No cockloft shall without the permission of the Building Authority extend over more than one half of the floor area of the room or exceed two hundred square feet in area and every cockloft shall have a clear space below every part of it of not less than nine feet measured vertically.

(3) No cockloft shall so obstruct any doorway or window opening into the external air as to prevent the same being opened to its full extent nor shall any cockloft or stair leading to the cockloft be erected nearer than four feet to such doorway or window unless with the permission of the Building Authority.

١

Rules as

to construc- tion of staircases.

224

(4) No cockleft shall, without the permission of the Building Authority, be hereafter erected in any domestic building which exceeds forty feet in depth.

(5) No portion of the space either above or below any cockloft shall be inclosed except by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two-thirds open, and as far as practicable evenly distributed.

(6) No cockloft shall be erected or if already existing be allowed to remain, in any kitchen.

(7) No cockloft shall be used for any purpose other than storage.

(8) Every cockloft shall, unless the Building Authority shall otherwise permit, be supported directly from the ground by pillars or columns to the satisfaction of the Building Authority in such manner that no additional load is placed upon any wall of the building in which such cockloft is situated, provided that any existing cockloft, for which a permit in writing has been issued by the Sanitary Board or Building Authority, shall be allowed to remain, subject to the conditions of such permit.

Staircases.

43. Every building hereafter erected, which exceeds one storey in height shall be provided with a staircase in accordance with the following provisions :-

(1) Every main staircase hereafter erected shall be so arranged as to have a tread of not less than nine inches from the face of one riser to the face of the next and no riser shall be of a greater height than seven inches.

(2) Every staircase hereafter erected shall, unless exempted by the Building Authority, be inclosed by walls of fire resisting material and shall not be constructed with a soffit so as to form any enclosed space between the treads, the risers and such soffit, unless otherwise approved by the Building Authority.

(3) At every storey on every staircase hereafter erected adequate light and ventilation shall be provided to the satis- faction of the Building Authority.

(4) Every building hereafter provided with stairs shall have a staircase giving direct egress to a street or lane, or to an open space leading thereto, to the satisfaction of the Building Authority; and, in the case of a building of more than two storeys in height, or in which any floor is more than twenty-three feet above the level of the street, there shall be provided to the satisfaction of the Building Authority an additional staircase giving egress on to the roof or some other satisfactory means of escape in the case of fire.

(5) Every main staircase, including the treads, risers, strings and other supports, and all landings, enclosure walls, lobbies and passages from one flight to another, hereafter

**

225

erected in any building which is constructed or adapted or converted to be used either wholly or in part as a Public building, a tenement house for separate families or for offices, shall be of fire resisting materials to the approval of the Building Authority. All doors and window openings or glazed partitions communicating with any such staircase shall be adequately protected by fire resisting doors of solid teak not less than two inches thick or by wired glazing or by some other method equally satisfactory to the Building Authority.

(6) Every main staircase hereafter erected shall be provided with a handrail properly fixed on at least one side of every flight and no flight, landing, lobby or passage from one flight to another shall be of less width than three feet unless otherwise approved by the Building Authority.

(7) Every staircase and all landings, lobbies and passages from one flight to another shall at all times be kept open and free from any obstruction whatsoever.

Lifts and lift shafts.

44. (1) Every lift or hoist shaft hereafter erected Lifts, etc. shall be enclosed by walls of fire resisting materials at least three inches thick and shall be ventilated from the highest point direct to the outer air, to the satisfaction of the Building Authority.

(2) The door to every lift or hoist shaft hereafter erected shall be of fire resisting material and when such lift or hoist is used for the conveyance of passengers the door shall be so arranged that it can only be opened when the lift cage is at rest opposite the doorway and that the lift cage cannot be moved unless the door to the lift shaft is properly closed.

(3) Every lift and hoist and any mechanism connected therewith shall be constructed and arranged in such manner and position as the Building Authority may approve.

(4) Every lift and hoist and any mechanism connected therewith shall be kept by the owner of the building in which such lift or hoist is installed in good order and repair and efficient working order.

Fire escapes.

escapes for

35 feet

45. Every existing building and every building here- Fire after erected which has a storey the floor of which is more storeys than thirty-five feet above the level of the street or ground exceeding surface adjoining the front of such building shall be provided above street on every storey with such means of escape in the case of level. fire, for the persons using, dwelling or employed therein, as the Building Authority may require.

Any means of escape so provided shall be kept and maintained by the owner of the building in good condition and repair and efficient working order and no person shall obstruct or render less commodious or suffer to be rendered less commodious any such means of escape.

Ceilings prohibited.

Corbels to be of stone or brick.

Covering of

roof to be

of incom- bustible material.

Space between timbers of contiguous buildings.

Structures on roofs prohibited.

Roofs to rest upon brick or stone-work.

Eaves- gutters, and rain- water

down-pipes to be provided.

Bond timbers or wood- plates not to be built into walls.

226

Ceilings.

46. No ceiling shall hereafter be erected in any building except with the permission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Corbelling.

47. All corbelling for the support of floor or of roof timbers shall be done in stone cut to flat beds, or in red brick, at least nine inches in length, set in cement-mortar. The entire thickness of the walls throughout the height of such corbelling shall also be built in cement-mortar. No one corbelling course if of brick shall project beyond the course immediately beneath it more than two and a quarter inches.

Roofs.

48. The roof of every building and of any minor superstructure placed above such roof except the doors, and frames of dormers or sky-lights, shall be externally covered with tiles, glass, metal, or other incombustible substance. All hatchways leading out to the roofs of buildings shall be provided with hatches or covers which, if not composed entirely of metal, shall be properly sheathed externally in sheet-zinc or other metal approved by the Building Authority.

49. No roof timbers of any one building shall approach nearer than nine inches towards the roof timbers of any other contiguous building, and the space intervening between the ends of such timbers shall be properly and substantially built up solid with whole bricks or with stone laid in mortar.

50. No platform, superstructure, staging, framework, wire, wire netting, bamboo, matting or structure whatsoever, shall be erected, maintained or fixed over or upon the roof of any building except with the permission of the Building Authority or unless used solely for the purpose of drying clothes

51. The roofs of all buildings, including verandahs shall not, unless wholly constructed of incombustible materials, be built into the thickness of any wall, but shall either rest upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the roof.

52. The roof of every building (including every verandah and balcony) and the floors of every verandah and balcony shall be so arranged and constructed, and so supplied with eaves-gutters and rain-water down-pipes properly connected with the side-channels as to prevent any water being discharged upon or over any public foot-path or roadway.

Wood-work.

53. No bond timber or wood-plate shall be built into the thickness of any wall.

3

*

227

near flue

54. No timber or wood-work shall be placed in any Timber or wall or chimney-breast nearer than nine inches from the wood-work inside of any flue or chimney-opening, nor under any chimney- or chimney- opening within six inches from the upper surface of the heart!: opening of such chimney-opening.

Projections, etc.

prohibited.

jections.

55. No encroachment or projection whatsoever, except- Limitation ing eaves, cornices and mouldings not exceeding eighteen of pro- inches projection, shall extend over any street or unleased crown land unless with the special permission of the Building Authority.

projections.

56. Every eaves, cornice moulding or other projection Mouldings whatsoever over any street or unleased crown land shall be shutters and constructed of such material and in such manner as the other Building Authority may decide and no door, gate, window or shutter opening on any street shall be so hung or placed as to project beyond the building at a height of less than seven and one half feet above the street level.

thorough-

57. Save as by this Ordinance provided, it shall not be Projections lawful for any person to make any door or gate in such into public manner as to open over a public thorougfare, nor to project fares any door-step or landing on, or across any public foot-path, prohibited. nor to extend or affix any sunshade, telegraph wire, signboard, lamp, grating, gutter, or other unauthorised projection from any building, in such manner as shall cause obstruction, daager, or annoyance, in any street or to the passengers thereon, or so as to cause any encroachment on or over any street or unleased Crown land:

Provided that in the case of theatres and other public Proviso in buildings the doors may with the consent of the Building case of Authority be made to open outwards over a public through- buildings.

fare.

public

Verandahs, balconies and areas.

58. No encroachment shall be made on, over or into Encroach- any street whether public or private or into unleased Crown ments over land by any verandah or balcony, or by any area, or by any regulated. structure whatsoever-

(1) unless with the previous consent of the Governor and subject to such conditions as he may see fit to impose; and

(2) until the applicant for leave to make such encroach- ment shall have previously signed an undertaking in the form contained in Schedules E or F: and

(3) unless in accordance with the regulations contained in Schedules G and H: and

(4) unless the building to which such verandah, balcony, area or structure appertains shall comply in all respects with every provision of this Ordinance.

Streets

Schedules E and F.

Schedules G and H.

59. No balcony shall, except with the consent of the Balconies Governor in Council, be hereafter erected or re-erected to forbidden in project over any street, whether public or private, which is than 25 less than twenty-five feet in width.

streets less

feet wide;

or when the

building exceeds in height the width of

the street.

Height and projection of Verandahs

and Balconies.

Building

Authority to determine width of

street.

Verandahs

not to be inclosed.

228

60. No verandah or balcony shall, except with the consent of the Governor in Council, be hereafter erected or re-erected to project from any building which exceeds in height the width of the street over which such verandah or balcony is intended to project, nor shall any building from which a verandah or balcony projects be afterwards increased ir height so as to exceed the width of the street over which such verandah or balcony projects.

61. The number of storeys and the projection of verandahs or balconies projecting over any street shall be determined by measuring on the line of the wall abutting on such street a vertical height equal to the width of the street over which the verandahs or balconies are intended to project and from the point thus determined a line at an angle of 75° with the horizontal shall be drawn and any part of a verandah or balcony except the balustrade, falling outside such line shall be deemed illegal, and no portion of any verandah or balcony shall project beyond the line of kerb of the footpath underneath such verandah or balcony provided that in no case shall the projection exceed 11'6" from the lot boundary adjoining such verandah or balcony and if there be no foot- path the projection of the verandah or balcony shall be determined by the Building Authority.

62. The width of a street shall be determined by the Building Authority.

Restriction on partitions, obstructions and inclosures in verandahs or balconies.

63. No partition (other than such as may be necessary and balconies for the separation of the verandah or balcony of any building from the verandah or balcony of any adjacent building) shall be erected in any verandah or balcony over unleased Crown land or over any strect, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part, (except by a balustrade not exceeding 3 feet in height) or used as a bathroom, urinal, water closet, sleeping apartment, store- room, or kitchen, nor shall any rain or other water be dis- charged therefrom save in the manner hereinbefore provided:

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

Kitchen

tion to be provided in domestic buildings.

Kitchens, fireplaces and chimneys.

64. Every domestic building, and every floor of a accommoda- domestic building

domestic building which is separately let for dwelling pur- poses, shall be provided with adequate kitchen accom- modation, the internal area of which shall not, except with the permission of the Building Authority, as signified by the approval of the plan required under the provisions of this Ordinance, be less than sixty square feet, and every kitchen shall be provided with a properly constructed fireplace, and every kitchen shall be properly paved or floored with cement- concrete or other non-absorbent material approved by the Building Authority. The internal surface of the walls, of every kitchen shall also be rendered in cement-mortar, or other non-absorbent material approved by the said Authority,

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229

to the height of at least four feet from the floor level, and the thickness of such material shall not be less than half an inch.

of extent of

houses.

65. No kitchen of any tenement house shall, without the Limitation permission of the Building Authority as signified by the ap- kitchens in proval of the plan required under the provisions of this Ordin- tenement ance, hereafter be constructed so as to extend across more than one-half of the width of such building if such building has other buildings abutting against it on both sides or is separated from any adjacent building or from land on which any building may be erected by a less space than twenty feet throughout one side. The width of a building shall be measured parallel to the principal front and shall be the average distance between the centres of the party walls or the outer faces of the lateral external walls of such building.

or fire-

66. Every fireplace shall be constructed with a proper Construction chimney or smoke-flue and in such a manner as not to allow of chimneys the smoke to escape through any window or hole in the walls places. or roof or through any vent other than such chimney or smoke- flue. The interior surfaces of every brick or masonry chim- ney or smoke-flue shall be smoothly rendered with mortar, or lined with earthenware pipes and no such chimney or smoke- flue shall have less than twenty-eight square inches of internal sectional area, equivalent to a diameter of six inches in the case of circular pipes, unless with the approval of the Building Authority. Except when required for heating purposes, smoke-flues shall be encased with brickwork properly bonded into the wall in connexion with which they are constructed, and, when added to existing buildings, such brickwork shall be built in cement-mortar :

Provided that in the case of chimneys or smoke-flues re- quiring to be extended to a greater height than five feet above the roof, any extension in excess of that height may, at the discretion of the Building Authority, consist of iron pipes.

use of

67. Whenever any fireplace is adapted for the use of Fireplaces charcoal or wood as fuel, such fireplace shall be provided with adapted for a hood of sheet-metal or other approved material of sufficient charcoal or size connecting with a chimney or smoke-flue carried up above wood to the level of the main roof.

have hoods,

stove, or

68. The upper surface of any floor under any oven, Floors stove or fireplace shall be of incombustible materials, extend- under oven, ing over the whole area covered by such oven, stove or fire- fireplace place and beyond to a distance of nine inches at least on every to be incom- side of such oven, stove or fireplace; and such floor shall have hearths of stone, tile or other incombustible material laid before every chimney-opening.

bustible.

fixed near

69. No chimney or smoke-flue shall be constructed or Chimneys fixed nearer than nine inches to any wood-work or combustible not to be material unless encased in non-conducting and incombustible wood-work. material to the satisfaction of the Building Authority.

above roof.

70. Every brick or masonry chimney or smoke-flue shall Thickness be continued up above the roof in brick or cut stone-work, of and height a thickness all round of not less than four inches, to a height of chimney of not less than three feet above the highest point in the line of junction with such roof; and every such chimney or smoke flue hereafter erected above such point shall be built in cement mortar.

Corbelling

and founda- tions of chimneys regulated.

Thickness

of back of chimney- opening.

Windows in Storeys required.

Limitation of depth of buildings.

Measure- ment of

depth of a building.

Determina- tion of front and

rear.

Every room

to be

provided

with sky- light or window.

230

71. Chimneys of brick, stone, or other incombustible material, may be corbelled out in the upper storeys of build- ings, provided that the work so corbelled out does not project from the wall more than the thickness of such wall, but all chimneys built in the ground storeys of buildings shall, unless with the consent of the Building Authority, rest upon solid foundations and upon footings similar in every respect to the foundations of the walls against which such chimneys are built.

72. The back of every chimney-opening, from the hearth up to the height of four feet above the level of the fire-grate, shall be at least nine inches thick if in a party wall, or at least four and a half inches thick if not in a party wall.

Windows, Storeys and Rooms.

73. Every storey of every domestic building hereafter erected shall be provided with one window at least opening either directly or across a verandah or balcony into the ex- ternal air and the total area, clear of any obstruction to the light, of such window or windows shall be at least one tenth of the floor area of every such storey.

Every storey of every such domestic building shall also be provided with a window of at least ten square feet, clear of any obstruction to the light, in the rear main wall of such building (exclusive of any kitchen or outbuilding attached to the building) opening either directly or across a verandah or balcony into the open space in the rear of such building and the area of such window shall not be included in calculating the window area required by this section.

Every window provided under this section shall be so constructed that at least one half can be opened and the open- ing shall extend as far as is practicable above the floor level.

74. (1) No domestic building shall hereafter be erected. of a greater depth than thirty-five feet unless every storey of such building is provided with windows opening into the ex- ternal air having a total area, clear of any obstruction to the light (including the window in the rear) equal to not less than one-eighth of the floor area of such storey and so arranged that, in the opinion of the Building Authority, the whole of the storey will be adequately lighted and ventilated.

(2) Provided always that the provisions of this section shall not apply in any case in which the Crown lease has specially provided for the erection of buildings of a greater depth than thirty-five feet; and provided further that the Governor in Council may in any other case in his discretion grant exemption from or modification of the provisions of this

section.

75. The depth of a building shall be measured on the ground level from a central point in the outer surface of the front main wall to the outer surface of the nearest main wall of the same building opposite to such front main wall.

76. In any case where it may be found necessary the Director of Public Works shall determine which is the front and which is the rear of a building.

77. No room shall be constructed in any storey of any existing domestic building, or of any domestic building here- after erected, unless such room is provided with a sky-light, or with a window or windows opening either directly or across a verandah or balcony into the external air and having an area,

*

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231

clear of any obstruction to the light, equal to at least one tenth the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level.

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as may be deemed expedient.

of windows

78. No window of any tenement house shall be obstructed Obstruction by the erection of any structure whatsoever.

Open spaces, lanes, etc.

in tenement houses.

between new

79. No person who shall erect a new domestic building Open space or alter any existing domestic building on a site excavated out building of a slope or declivity shall permit such building or part thereof and hill-side. to abut against the hill-side, but a clear intervening space or area of a width of not less than one-fourth of the height of the cutting shall be left between such building, along its whole extent, and the toe of the cutting: Provided that such inter- vening space or area shall in no case be of a less width than eight feet in any part as measured on the ground level of such building, and shall not encroach in any way upon any street; Provided further that the Governor in Council may grant ex- emption in any case in which the provisions of this section may appear to him to be inapplicable.

The height of the cutting shall be measured on a vertical line drawn from the toe of such cutting, and extending from the finished ground or concreted surface to a point where it meets a line drawn at an angle of thirty degrees with the horizontal from the top of the cutting.

80. Every person who shall, under the provisions of section 79 leave a clear intervening space or area between a new domestic building and the hill-side, shall make the surface of the floor of such area at least six inches lower than the level of the lowest floor of such building, and he shall, if so required by the Building Authority, lay, to the full extent of such area, along the toe of the slope of the hill-side, and to a depth of at least twelve inches below the surface, a line of hard sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the sub-soil of such area, and he shall not cause such sub-soil drain to be passed out under the floor of any building, unless any other mode of outlet may be impracticable; and, in such case, he shall cause the sub-soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor. The floor of every such area shall have a fall of not less than 1 in 40 towards the outlet for the drainage of such area, and shall be covered with a layer of impervious material, as provided for in this Ordinance, and shall be channelled.

Sub-soil drainage of

such open

spaces.

in areas

prohibited.

81. Every area shall be kept, at all times, free and Structures unobstructed by structures of any kind other than a bridge or flight of steps not exceeding three feet and six inches in width, nor shall such area be roofed in or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing or fence, along its upper edge.

Provision

of open spaces and

access lanes for domestic

buildings.

232

82.-(1) Every domestic building hereafter erected or re-erected shall be provided by the owner with an open space in the rear, or partly in the rear and partly at the side, ex- clusively belonging to such building, equal in area to not less. than one half of the roofed-over area of such building; and the level of such open space shall not be less than 6 inches below the floor of the lowermost storey. In addition to such open space the owner shall provide a lane to the satisfaction of the Building Authority, giving access to some public or private street and shall submit a plan of such proposed lane to the Building Authority for approval. Such plan shall be prepared with a view to promoting uniformity in the laying out of such lanes.

Every lane shall be formed to such levels as the Building Authority may direct.

(2) A lane shall not be required in the case of any detach- ed or semi-detached domestic building which has a side lane or yard extending the entire depth of the building and of a width of not less than five feet and also has a clear and unobstructed area in the rear of the building of a depth of not less than eight feet and extending for the full width of the site, but no such building shall be deemed to be semi-detached unless it is one of a pair of buildings each of which has a side lane or yard as above described.

(3) Kitchens, bathrooms and latrines not exceeding ten feet in height above the highest point of the surface of the open space may be erected in the aforesaid open space, but such buildings shall not cover more than one fourth of such open space.

(4) In the event of the open space being provided partly in the rear and partly at the side, the proportion of such open space shall not in either case be less than one half of the whole area required under this section.

(5) The open space in the rear or at the side shall not be inclosed except by boundary walls or fence of a height not exceeding eight feet, containing a doorway communicating with the lane in the rear or the side lane provided under sub-section (2) of this section.

(6) In no case shall any obstruction whatever be placed or erected in any lane or open space provided under this section except as hereinbefore permitted.

(7) In no case shall the Building Authority require the space for a lane, expressly provided for one building, to be of a greater width than five feet and when such a lane is on land leased from the Crown prior to the 21st February, 1903, and the building for which the lane is provided has no verandahs or balconies projecting over a street, then any width of the lane in excess of three feet may be included as open.

space.

(8) No portion of any street shall be included in calculat- ing the area of open space required by this section except as allowed by sub-section (7).

(9) For the purpose of this section, no yard or space which is inclosed on all sides by walls having a height of more than eight feet shall be included in calculating the area of

open space.

233

(10) The Governor in Council may modify the foregoing requirements in any case in which the Crown lease or the agreement for a Crown lease has specially provided for an open space in the rear of any such building of a less area than is hereby required, and may in any other case make such modification as may be recommended by the Director of Public Works upon such conditions, if any, as may be deemed ex- pedient.

of open

83.-(1) No existing domestic building which has an Alteration open space of less area than that required by section 82 shall space. hereafter be altered in such a manner as to encroach on the existing amount of open space and no existing domestic build- ing which has a greater amount of open space than that re- quired by section 82 shall hereafter be altered in such a manner as to reduce the amount of open space to less than that required by section 82.

(2) The Building Authority, with the consent of the Gov- ernor in Council, shall have power in any case to grant a modification of the requirements of this section upon such conditions, if any, as the Building Authority may deem ex- pedient.

lanes for

84. Every building, other than a domestic building, here- Access after erected or re-erected, shall be provided with such a lane non-domestic as is referred to in sub-section (1) of section 82.

buildings.

of re-

85. For the purposes of sections 82 and 84, re-erection Meaning includes every alteration of an existing building in such a erection. manner as to make the resulting building a new building or in such a manner as to make the resulting building or any part thereof an exceptional building.

Means of access to

86. The owner of every building provided with scavenging lane under section 82 or section 84 shall provide open space. means of access to the open space of his building from such scavenging lane.

Vertical Height of buildings to Main wall-head.

87. The height of every building shall hereafter be re- Limitation gulated in accordance with the following rules, unless the of height of Governor in Council shall otherwise permit :--

(1) No existing building on land leased from the Crown prior to the 21st February, 1903, which does not exceed in height one and a quarter times the width of the street upon which it abuts shall hereafter be raised to a height exceeding one and a quarter times the width of the street upon which it abuts.

(2) No existing building on land leased from the Crown prior to the 21st February, 1903, which exceeds in height one and a quarter times the width of the street upon which it abuts, shall hereafter be increased in height.

(3) No building on land leased from the Crown prior to the 21st February, 1903, shall hereafter be erected or re- erected to a height exceeding one and a quarter times the width of the street upon which it abuts.

(4) No existing building which has verandahs or balconies projecting over a street and which exceeds in height the width of the street upon which such building abuts shall hereafter be increased in height.

(5) No building on land leased from the Crown after the 21st February, 1903, shall be erected to a height exceeding the width of the street upon which it abuts.

buildings.

[cf. s. 160].

}

Method of determining height of buildings.

234

(6) No building which does not fall within the provisions of paragraphs (1), (2), (3), (4) or (5) of this section shall be erected or re-erected or raised to a height exceeding such height as the Building Authority may authorise, but in the case of a building on land abutting upon a street the Building Authority shall have no power to require such building to be of a less height than that specified in such of the fore-going paragraphs as would apply if such building had been so ar- ranged as to abut upon such street.

(7) No building shall exceed three storeys in height unless such building is constructed of fire resisting materials through- out and no domestic building shall exceed five storeys in height unless with the consent of the Governor in Council.

(S) In the event of any building being hereafter erected or re-erected on a corner site so as to abut upon more than one street, or in the event of any building on a corner site being increased in height, the height of such buildings shall be regulated by the widest or wider of the streets upon which it abuts, so far as it abuts or will abut upon such widest or wider street and also so far as it abuts or will abut upon the narrower streets or street to a distance not exceeding twice the width of such narrower street as measured from the wider street.

(9) In the event of any building being hereafter erected or re-erected so as to abut upon more than one street although not on a corner site, or in the event of any such building being increased in height, the height of the several parts of such building shall be regulated by the widths of the streets upon which they respectively abut.

88.-(1) Whenever it is practicable to do so the height of any building shall be determined by measuring on the line of the wall abutting upon the street which regulates the height, from the level of such street, the full vertical height allowed by section 87.

Such full vertical height shall also be measured from the level of such street on the line of the nearest main wall of the same building opposite to the wall abutting on the street.

From the points thus determined on the two main walls, lines shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, be drawn at angles of 68 degrees with the horizontal, and in the case of buildings on land leased from the Crown after the 21st February, 1903, lines shall be drawn at angles of 65 degrees with the horizon- tal, and any part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) falling outside such lines shall be deemed illegal and no part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, extend beyond a height measured from the level of the street upon which the building abuts, equal to twice the width of such street and in the case of buildings on land leased from the Crown after the 21st February, 1903, no part of the building shall extend beyond a height measured from the level of the street upon which it abuts equal to one and a half times the width of such street.

Provided that:-

(a) In the case of a domestic building, erected on land leased from the Crown after the 21st February, 1903, any part of the building, in the rear of the nearest main wall of the same building opposite to the front main wall, may

*

235

be erected to a height equal to the width of the street on which such building abuts but no portion whatsoever of such rear part of the building (except any chimney, party wall or parapet not exceeding three feet in height) shall extend beyond the heigh so determined.

(b) In the case of a domestic building erected on land leased from the Crown prior to 21st February, 1903, and which has no verandahs or balconies projecting over any street, any part of the building in the rear of the nearest main wall of the same building opposite to the front main wall, which does not extend more than half the width of the main building as measured on the rear main wall, may be erected to a height equal to one and a quarter times the width of the street on which such building abuts. From a point thus determined on the rear main wall of such rear part of the building a line may be drawn at an angle of 68° with the horizontal and no portion of this part of the building whatsoever (except any chimney, party wall or parapet not exceeding three feet in height) shall fall outside such line.

(c) In the case of any existing building which has no verandahs or balconies projecting over a street and which already exceeds in height one and a quarter times the width of the street upon which it abuts, the structure of the roof or any part thereof shall not be altered in such a manner that any portion of such structure shall fall outside lines drawn at angles of 68° with the horizontal from points determined by measuring on the line of the wall abutting upon the street and the nearest main wall opposite to such wall a vertical height equal to 1 times the width of the street upon which the building abuts.

(d) In the case of any existing building which has veran- dahs or balconies projecting over a street and which already exceeds in height the width of the street upon which it abuts, the structure of the roof or any part thereof shall not be altered in such a manner that any portion of such structure shall fall outside lines drawn at angles of 68° with the horizontal from points determined by measuring on the line of the wall abutting upon the street and the nearest main wall opposite to such wall a vertical height equal to the width of the street upon which the building abuts.

(e) In no case shall any building hereafter erected exceed five storeys in height or a total height of eighty feet unless with the consent of the Governor in Council.

(2) In the event of the street on which a building abuts not being level throughout the extent of such building, the height shall be measured from the central point of the external face of the wall abutting on such street.

(3) The full vertical height allowed by section 87 shall apply only for the width of the building so far as it abuts upon the street by which the height is regulated; and the height of any portion of the building which does not so abut shall be determined by the Building Authority.

(4) In any case which does not fall within the fore-going provisions the height of the buildings shall be determined in such manner as the Building Authority may direct.

(5) The diagrams which follow this section are used as illustrations only of the rules set out in this and the preceding section. They shall not be deemed to control the text.

236

TREATMENT OF DOMESTIC BVILDINGS ERECTED ON LOTS SOLD BEFORE

AND AFTER 1903.

68°

A ROAD

DOMESTIC BUILDINGS ERECTED ON LOTS SOLD PRIOR TO 1903

63°

631/2

"B" ROAD

DOMESTIC BUILDINGS ERECTED ON LOTS SOLD AFTER 1903

"C" ROAD

634 (r)

!

"A" ROAD,

TREATMENT OF NON- DOMESTIC BVILDINGS ERECTED ON LOTS SOLD BEFORE AND

AFTER 1903.

"A" ROAD

1689

1680

SCAVENGING LANE

→-1/4 x "B

2 × 8

"B" ROAD

TO 1903

NON DOMESTIC BUILDINGS ERECTED ON LOTS SOLD PIOR

(63%

SCAVENGING LANE

1689

163/2

"B" ROAD

NON DOMESTIC

BUILDINGS ERECTED ON

1631⁄2 LOTS SOLD AFTER 1903,

"C" ROAD

"C" ROAD

237-

238

"A" ROAD

68

"R" ROAD

=1/4*R**

TREATMENT OF BVILDINGS ERECTED ON LOTS SOLD

BEFORE AND AFTER

1903 HAVING

A STREET AT THE REAR

-IXA

+

"A" ROAD

BUILDINGS ERECTED ON LOTS JOLD PRIOR TO 1903

63°

634

14/2xB2

"B" ROAD

"R" ROAD

68

BUILDINGS ERECTED ON LOTS SOLD AFTER 1903

"B" ROAD

CORNER TREATMENT OF BVILDINGS ERECTED ON LOTS SOLD BEFORE 1903.

2 x B

"B" ROAD

"A"ROAD

68°

-2x668

"B" ROAD

69%

239

New private streets to be

approved by Building Authority.

Width of new private streets.

Space in front of new buildings in private

lanes

Obstruction of street by buildings

prohibited.

Compensa- tion in

case of

refusal to

allow re- erection.

Penalty.

Construction maintenance

and lighting of private streets.

240

Private streets.

89. No new street on land held under lease from the Crown shall be constructed for the purpose of the erection of new buildings fronting thereon until a block plan of the whole of the property concerned drawn to a scale of not less than one-twentieth of an inch to the foot, showing such proposed street, and its connexions with neighbouring streets together with the proposed levels and any scavenging lanes as well as the proposed method of construction and surface drainage, shall have been submitted to and approved by the Building Authority.

90. No new street on land held under lease from the Crown within the City of Victoria, on which domestic buildings front, shall be of a less width throughout than thirty feet, and no such street outside the City of Victoria shall be of a less width throughout than forty feet. Every such street shall open, at one end at least, upon some existing or projected public street.

91. Every person who shall erect fronting a private lane any new domestic building shall so place the said building that along its entire frontage there shall be an open space of at least seven and a half feet in width, measured from the centre line of such lane.

92.-(1) No building shall hereafter be erected or re- erected over any entrance to or over or upon any portion of any street on land held under lease from the Crown nor shall any other obstruction of any kind be maintained or placed in, over, or upon any portion of any such street, unless with the consent of the Governor in Council.

(2) In the event of the refusal of the Governor in Council to consent to the re-erection of any building to which this section applies, compensation shall be paid by the Government to the owner of such building, the amount of such compensa- tion to be determined by arbitration as hereinafter provided.

(3) Every person who contravenes any of the provisions of this section shall be liable upon summary conviction to a fine not exceeding one hundred dollars.

93.-(1) Every street or lane on land held under lease from the Crown on which buildings front, adjoin, or abut, shall be concreted or otherwise surfaced, channelled, sewered and drained to the satisfaction of the Building Authority and shall be maintained in good order to his satisfaction at the expense of the owners of the lands and premises fronting, adjoining or abutting on the street or lane.

In the event of the owner of any lands or premises so fronting, adjoining or abutting on such street or lane failing to concrete or otherwise surface, channel, sewer, drain or main- tain such street or lane to the satisfaction of the Building Au- thority, Government may carry out such work and the Build- ing Authority may apportion the cost thereof between the several owners in proportion to the width of their land at the place where it fronts, adjoins or abuts on such street or land; and the Building Authority may recover such apportioned cost together with interest thereon at the rate of 8% per annum from the date of demand for payment thereof made by the Building Authority, by action in the summary jurisdiction of the Supreme Court against the person who at the time when the apportionment is made is the owner of the premises or

241

against any person who subsequently becomes and, at or after the date of the commencement of such action is the owner thereof.

The Building Authority may at any time after making the apportionment and notwithstanding any change of ownership in the meantime, register in the Land Office against any pre- mises included in the apportionment, notice of the sum appor- tioned thereon and upon registration of the notice such sum together with interest thereon at the rate of 8% per annum from the date of demand for payment made by the Building Authority shall be and remain a charge on such premises.

(2) Every street on land leased from the Crown may if the Building Authority thinks fit be provided with lighting apparatus by Government and the cost of providing and main- taining such apparatus shall be borne by the several owners respectively in proportion to the width of their lands and premises at the place where the same fronts, adjoins or abuts on such street and the Building Authority may apportion the cost thereof between the several owners in the same manner as is provided by sub-section (1) and the Building Authority shall have the same power and means of recovering such cost as is provided by sub-section (1).

The cost of illumination of such street shall however be borne by Government.

Water closets and latrines.

94. Every latrine shall be constructed of brick, stone, or Construction other material approved by the Building Authority, and shall and have a clear internal area of not less than seven square feet, of latrines. and no latrine shall have direct communication with a street.

95. Every pail latrine shall open into the outer air and not into the building.

dimensions

rendering of

96. Every latrine shall have a suitable door and an open- Ventilation ing or openings for ventilation into the external air of not and internal less than two square feet in aggregate immediately under the latrines. roof. The internal walls of every latrine shall be rendered in cement mortar or other non-absorbent material approved by the Building Authority to the height of at least three feet and the thickness of such material shall not be less than half an inch.

97. The floor of every latrine hereafter erected on any Construction ground floor shall be raised at least six inches above the level of floor of of the surface outside.

latrines.

not to be.

98. No pail latrine shall be so constructed as to have any Latrines direct communication by means of any pipe, drain or grating, connected with any underground drain or sewer, and any existing pail with drain. latrine having such communication shall have the same com- pletely cut off by the owner when so required by the Building Authority.

water

99. No water pipe or water tap shall be led to, or fixed Direct in or over, any water closet, latrine or urinal, without the connexion of intervention of a cistern or tank between such water pipe or service with water tap and the water service pipe.

latrines etc. prohibited.

Separate

exceptional

buildings to have

242

100. Every domestic building and every floor of a dwellings and domestic building hereafter erected which is separately let for dwelling purposes shall be provided with adequate latrine ac- commodation to the satisfaction of the Building Authority and every "exceptional" building shall be provided by the owner water-closets. thereof with adequate latrine accommodation on the premises for the separate use of each sex to the satisfaction of the Building Authority.

adequate

latrines or

Sub-soil

drains to be provided when required.

Drains to

in new buildings.

Drainage works.

101. Where in the opinion of the Building Authority the site on which any domestic building is about to be erected or re-erected is so damp as to require subsoil drains, adequate provision of such drains shall be made to the satisfaction of the Building Authority.

102. Every owner of a new building shall construct the be provided ground floor of such building at such sufficiently high level as will allow of the construction of a drain and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty, at a point in the upper half-diameter of such sewer.

Drainage works to be carried out by

persons

approved by

Building Authority.

Drains in existing buildings to be amended

or recon- structed if defective.

Drainage Regulations. Schedule J.

Groups of buildings to be drained in combina- tion if

required by Building Authority.

Owner's liabilities as to drains.

103. All works connected with the construction, repair, amendment, disconnexion, trapping, and ventilation of drains shall be carried out at the cost of the owner of the building by persons approved by the Building Authority under the supervision of his officers and in all respects to his satisfaction.

104. (1) The Building Authority may, by a written. notice, require the owners of existing buildings, the drains of which are, in his opinion, in a defective or insanitary condition to construct, within a reasonable time, new drains in accord- ance with the provisions of this Ordinance, or to make such other improvements in the existing defective drainage of such buildings as may be necessary to meet the requirements of this Ordinance.

(2) Drainage regulations may be made by the Governor in Council. The regulations in Schedule J shall be deemed to have been made under this sub-section.

105. If the Building Authority considers that a group of contiguous buildings may be drained more advantageously in combination than separately, he may order that such group be drained upon some combined plan to be approved by him, and the cost thereof, shall be apportioned by the Building Authority between the different owners of such group of contiguous buildings.

106. If any building be without a sufficient drain, and if a public sewer of sufficient size be within one hundred feet of the premises or outermost boundaries of the lot on which such building is situated, and if such public sewer be on a lower level, it shall be lawful for the Building Authority to require the owner of such building to construct a drain in such a manner as shall allow of the requisite communication with such public sewer, and such drain shall be adequately trapped and ventilated to the satisfaction of the Building Authority.

Provided always, that if any owner, by order of the Build- ing Authority, drains his building into a public sewer, he shall not be required to drain such building at his own expense into any other public sewer.

243

of the

107. Whenever the Building Authority shall have reason Suspected to believe that the drains of any building are defective or in drains to be a condition injurious to health it shall be lawful for him to an officer

                              opened by order an inspecting officer to enter the premises and to inspect Building such drains, and, if requisite for the purpose of such in- Authority. spection, such officer shall cause the ground to be opened in any place he may deem fit, doing as little damage as may be, and should such drains be found in a satisfactory condition, they shall be reinstated and made good at the public expense; but should such drains prove to be defective, the Building Authority shall cause them to be properly reconstructed, re- paired, or amended by the owner in accordance with the pro- visions of this Ordinance.

drainage

108. In isolated places not provided with any public Where no drainage system, every private drain or channel shall have its public course and outfall constructed in such manner as the Building system" Authority may approve.

drains

to be to satisfaction of Building Authority.

Drain

with main

109. Every drain on private property shall be laid as directed by the Building Authority under the provisions of this connexions Ordinance; and, upon its completion, every such drain shall sewers to be be connected with the Government main sewer by the Director regulated by of Public Works, who shall have power to regulate the number of Public and position of the connexions to be made.

Nullahs, storm water-channels and drains.

Director

Works

110. No building shall hereafter be erected over any Building public drain, nullah, or storm water-channel, whether natural over drains, or artificial, without the written consent of the Governor in etc. Council.

[cf. s. 160].

111. No nullah, or storm water-channel, whether natural Nullahs. or artificial, shall hereafter be covered over except by a bridge not exceeding fifty feet in length, without the written consent of the Director of Public Works.

Fublic

112. All work permitted under sections 110 and 111 Powers of shall only be carried out under such conditions as may be im- Director of posed by the Director of Public Works, and to his entire satis- Works. faction. In framing such conditions, he shall make due provision for the sub-soil drainage of adjacent land, and for access for the purpose of inspection and cleansing.

or water-

113. It shall not be lawful for any person to dig out the Inter- foundations of any building, or to excavate any site for any ference with purpose whatsoever, in such manner as to cut into, open out, nullah,

                               any drain, divert, undermine, obstruct, dam, or otherwise interfere with catch-water any drain, nullah, catch-water or water-channel, whether channel situated on leased or unleased Crown land, unless he has prohibited. provided to the satisfaction of the Director of Public Works for the escape of any waters flowing through such drain, nullah, catch-water or water-channel.

Wells.

114. Except with the permission of the Building Au- flushing. thority, which may be granted upon a written application, it Wells for shall not be lawful to sink or re-open any well to be used for the purpose of flushing water closets or urinals, or to allow any such well to be sunk or re-opened.

Exclusion

of surface

water.

Timber stores to be inclosed.

Occupation of new building

without a certificate prohibited.

Schedule K.

244

Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

Timber Stores.

115. Every building, yard or other place used for the storage of timber, other than timber in baulk, shall, unless exempted by the Director of Public Works, be inclosed on all sides by brick walls at least ten feet high and fourteen inches thick. Every such building, yard or place shall have a clear passage-way not less than six feet in width between such walls and the boundary of any other premises. No portion of any building, yard or place, if used for the storage of more than three hundred cubic feet of timber, other than timber in baulk, shall be within fifty feet of any building or premises used for any other purpose whether on the same or on an ad- joining lot.

No building used for the storage of timber, other than timber in baulk, and no building in any yard or place used for the storage of timber other than timber in baulk shall exceed in height thirty feet measured from the level of the ground to the extreme top of such building.

No pile, stack or store of timber shall exceed thirty feet in height from the level of the ground.

It shall not be lawful to form in any pile, stack or store of timber any room or chamber or space (other than a passage) to be used for any purpose whatever.

For the purpose of this section, timber in baulk shall not include China fir poles.

Occupation of new buildings.

116. (1) No new building shall be occupied or used in any way, except by caretakers only not exceeding two in number, until an authorised architect shall have certified in writing according to the form contained in Schedule K to the Building Authority that such building complies in all respects with the provisions of this Ordinance, and is structurally safe, nor until the owner shall have received from the Building Authority a written permit to occupy such building.

(2) If, after receiving such certificate from an authorized architect, the Building Authority or any officer deputed by him shall discover that in certain respects such building does not comply with the provisions of this Ordinance and of all Regulations made thereunder, the Building Authority may require the authorised architect who signed such certificate to pay a fee of fifty dollars (which shall be paid into the Colonial Treasury) for each further inspection and no permit that such building shall be occupied shall be issued by the Building Authority until he shall have received a further certi- ficate as aforesaid signed by an authorised architect.

(3) If the Building Authority does not, within fourteen days of the receipt of the aforesaid written certificate notify the owner or his architect or other representative that the building is not in accordance with the provisions of this Ordin- ance, such building may be occupied: Provided that in the

+

245

event of any contravention of this section, the occupier and also the owner shall be liable for such contravention, unless such owner proves that such occupation has taken place with- out his knowledge or consent.

Dangerous buildings.

and fencing

117. Every owner of a building which may be declared Shoring by the Building Authority, or an officer deputed by the of dangerous Governor in Council in that behalf, by an order in writing building. to such owner, to be dangerous, shall cause the same to be shored or otherwise properly secured and shall erect, in such manner as may be directed by the Building Authority, or an officer deputed as aforesaid, a proper fence or hoarding for the protection of passengers.

down

118. Buildings rendered dangerous by fire, wind or Taking other cause of whatsoever nature, to such an extent as, in dangerous the opinion of the Building Authority, or an officer deputed building. by the Governor in Council in that behalf, necessitates their being taken down partly or wholly or otherwise made safe shall, upon the service on the owner of an order in writing from the Building Authority, or an officer deputed as afore- said, declaring that such building is in a dangerous condition. and must be taken down partly or wholly or otherwise made safe and specifying the time within which the work is to be done, be taken down or made safe by such owner accordingly.

owner.

119.-(1) If the owner of a dangerous building cannot Shoring or be found, or if, on such notice in writing as aforesaid, he taking down

dangerous refuses or neglects within the time fixed in such notice to building at shore or otherwise properly secure or to take down such cost of dangerous building or such portion thereof as may be declared to be dangerous by the Building Authority, or an officer deputed as aforesaid, such dangerous building or such portion thereof shall, without delay, be shored or otherwise. properly secured or taken down by persons employed by the Building Authority who shall be entitled to recover the cost thereof from the owner.

in cases of

(2) In all cases of emergency, the Building Authority Procedure or an officer deputed as aforesaid, may cause the necessary emergency. work to be done without any notice whatever, the cost of such work being recoverable from the owner.

The decision of the Building Authority or of an officer deputed as aforesaid, that the particular case is one of emergency, shall be final and binding on all persons.

(3) Costs recoverable by the Building Authority from the owner under sub-sections 1 or 2 shall constitute a first charge on the land and premises on which the dangerous building is situated: Provided that the land and premises shall not be so chargeable as against a bonâ fide purchaser thereof for valuable consideration without notice.

Powers of magistrate in case of

building.

120. It shall be lawful for a magistrate on a representa- tion being made to him by the Building Authority, or by an officer deputed by the Governor in Council in that behalf, dangerous that the whole or any part of a building, by reason of any crack, settlement or other defect having shown itself in it, or by reason of the materials used or method of its con- struction having been found by examination to be defective,

Ex of

wa

Ti

stc

in

Occ

        of r buil

witl

cert

prol

Inflammable structures not to be erected

246

is liable to become dangerous, to order such building or part of such building to be closed by or under the direction of the Inspector General of Police, and to remain closed until the Building Authority, or an officer deputed as aforesaid, has certified in writing that the defects have been Provided that at least seven remedied to his satisfaction: days notice in writing of the intention to make any such representation shall be given to the owner of any building affected thereby or to his representative.

Every person found inhabiting or using any building or as aforesaid shall upon summary part thereof closed conviction be liable to a fine not exceeding one hundred dollars, and to a further fine not exceeding fifty dollars for every day that such person shall continue to inhabit or use such building after conviction.

Provided always that nothing in this section contained shall be construed as affecting the powers expressly vested in the Building Authority and the officer deputed as aforesaid in sections 117, 118 and 119.

Matsheds and other inflammable structures.

121. (1) It shall not be lawful for any person to erect or maintain any structure of wood, mats, palm leaves, thatch, or other inflammable material, without permission in writing from the Building Authority, or an officer deputed prohibit by him in that behalf, and except subject to the regulations

contained in Schedule L.

without

permission

ed within

gathering ground of a public reservoir. Schedule L.

(2) No such structure shall be erected on any land which is situated within the gathering ground of any public reservoir without the special permission of the Building Authority.

(3) Every person who erects or maintains any structure. in contravention of the provisions of this section shall upon summary conviction be liable to a fine not exceeding cne hundred dollars, and the magistrate may further order the building to be removed.

Sche

Precautions to be adopted when

blasting.

Blasting.

122. It shall not be lawful for any person to blast any stone, earth or other material unless he shall have fully covered over and weighted down such material with a or taken such other sufficiently heavy timber shield, precautions as shall effectually prevent any fragments from being projected in such a manner as to be dangerous, and unless, in addition, he shall previously have fully warned all radius of five hundred feet from the persons within a proposed blast by means of red flags and by the beating of a gong continued for at least five minutes, previous to the firing off of such blast. No blast shall be fired off except between 12 noon and 12.30 p.m., and between 4.30 p.m. and 5 p.m., or between such other hours as the Governor in Council may, by notification, appoint: Provided that in all Government quarries. whether leased or otherwise, the blasting of stone shall be subject to regulations made by the Governor in Council.

247

Every person who contravenes any of the provisions of this section shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder and likewise the contractor or foreman under whom such labourer is working.

Earth cutting.

cutting etc. Schedule M.

as to earth cutting

123. It shall not be lawful for any person to cut or Regulations remove earth, sand, clay or turf, or to collect, extract, split, blast or remove stones, from any land not under lease from the Crown, except subject to the regulations contained in Schedule M. or without the permission in writing of the Director of Public Works, or in such manner as shall under- mine or in any way prejudically affect or endanger the stability of any bank or of any land or property adjoining.

Every person who contravenes any of the provisions of this section or of any such regulations shall be liable on summary conviction to a fine not exceeding one hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder, and likewise the contractor or foreman under whom such labourer is working.

Powers and duties of the Building Authority as to entry

and inspection.

inspect

124. (1) The Building Authority, or any officer Power to deputed by him for the purpose, may at any time enter and enter and inspect any building for the purpose of ascertaining whether buildings. the requirements of this Ordinance are carried out in relation thereto or whether any building is dangerous, and in the event of his discovering that the requirements of this Ordinance have been contravened in any particular, or that any building is dangerous, the owner thereof or his duly authorized agent shall, upon receipt of an order in writing from the Building Authority, stop the operations upon such building until such contravention has been rectified or such building has been taken down or rendered safe. Every person in charge of the erection of any building shall provide planks, ladders, or other reasonable means of access to every part of such building to facilitate the inspection, and the Building Authority shall have power to do any thing to any such building which he may consider necessary for the purpose of making an efficient inspection thereof.

may be

(2) For the purpose of inspecting any building or wall Openings believed to be in a dangerous condition the Building in building Authority, or an officer deputed as aforesaid, may cause such made. openings to be made therein as he may deem fit: Provided that at least twenty-four hours notice in writing of his intention to make any such openings shall be given to the owner or his duly authorized agent.

3

E

of

or

>r

Director of

Public Works may stop or divert traffic.

Building nuisances defined.

Notice to abate build- ing nuisance.

248

Stoppage or diversion of traffic.

125. The Director of Public Works shall have power, on his being satisfied of the necessity therefor, to temporarily stop or divert or partially stop or divert the traffic along any street, or to block up or occupy or partially block up or occupy such street, for the purpose of carrying out any works of whatsoever nature: Provided that, if the traffic in a street is stopped or diverted, or a street is blocked up, notice to the public shall be given, whenever practicable.

Building nuisances.

126. (1) The following shall be deemed to be nuisances. under this Ordinance :-

1. Any verandah, balcony, area or structure which is not in accordance with the provisions of this Ordinance.

2. Any unauthorised encroachment on, any land not under lease from the Crown.

over or into

3. Any building or works whatsoever hereafter com- menced, carried on, resumed, altered or completed in con- travention of any of the provisions of this Ordinance.

4. Any structure erected or maintained in contraven- tion of the provisions of this Ordinance.

5. The use in any building or works of any defective materials or of any materials contrary to the requirements of this Ordinance.

6. Any failure to supply, or any inadequate or defective provision of drain, draintrap, water flushed sanitary appliance or fitting, ventilating pipe, sub-soil drainage or cesspool accommodation.

7. Any act, failure, neglect, omission or refusal whereby any provision of this Ordinance is contravened.

8. Any act, failure, neglect, omission or

                      or refusal whereby any condition or term attached to the grant of any modification of or exemption from any provision of this Ordinance is contravened.

(2) In respect of any offence against paragraph 5 of sub-section (1), every person who as architect, engineer, or clerk of works, specifies or condones the use of improper or defective materials or, as contractor, makes use of improper or defective materials and also the owner of any building or works on which any such improper or defective materials are used, shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding fifty dollars a day for every day that the nuisance remains unabated.

Abatement of nuisances.

127.-(1) The competent authority to deal with nuisances under this Ordinance shall be, unless the context otherwise requires, the Building Authority or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent authority as hereinbefore defined, such authority may at his

249

discretion serve a notice in the form contained in Schedule Schedule N. N, (with such modifications, if any, as may be necessary) on the author of the nuisance or if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate. who either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction, under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

order

of nuisance.

128. In case the said nuisance shall not be abated Magistrate's within the time limited, it shall be lawful for a magistrate empowering to make an order empowering the Building Authority to abatement abate the nuisance; and all expenses, incurred by such Authority in causing such nuisance to be abated as aforesaid, shall forthwith be paid by the person against whom the original order to abate such nuisance was made, or failing him by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

abatement of

materials.

129. Whenever the demolition of any building or Recovery of works or any part thereof shall take place under any order expenses of made under section 128, it shall be lawful for the Building nuisance by Authority, in case of non-payment of the said expenses by sale of the person liable to pay the same to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any. shall be paid to the owner.

payment of

130. In case the person liable to pay the same shall Distress in not forthwith pay all expenses incurred by the Building case of non- Authority in the abating of any nuisance as required by expenses. this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

131. Nothing in this Ordinance shall affect any other Saving of remedy for the abatement of nuisances.

Service of notice, summons or order.

other remedies for

nuisances.

notice

order.

132. Any notice, summons or order given, issued or Method of made under the provisions of this Ordinance, may be served service of upon the person affected by the document to be served, summons or either personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last- known place of business or residence of the person to be served, or, if there is no occupier of such premises. by

Provisions concerning buildings on line of junction when ad-

joining lands are unbuilt on.

250

putting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or if the whereabouts of such owner or agent be unknown by posting a registered letter addressed to such owner or agent, at his last-known place of residence or of business in the Colony.

Rights of building and adjoining owners.

133. Where lands held under lease from the Crown by different owners adjoin and are unbuilt on at the line. of junction, and either owner is about to build on any part of the line of junction, the following provisions shall have effect :-

(1) if the building owner desires to build a party wall. on the line of junction, he shall serve notice thereof on the adjoining owner describing the intended wall;

(2) if the adjoining owner consents to the building of a party wall, the wall shall be built half on the land of each of the two owners, or in such other position as may be agreed between them;

(3) the expenses of the building of the party wall shall from time to time be defrayed by the two owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively;

(4) if the adjoining owner does not consent to the building of a party wall, the building owner shall not build the wall otherwise than as an external wall placed wholly on his own land;

(5) if the building owner does not desire to build a party wall on the line of junction but desires to build an external wall placed wholly on his own land, he shall serve notice thereof on the adjoining owner describing the intended wall;

(6) where in any of the cases aforesaid the building owner proceeds to build an external wall on his own land, he shall have a right at his own expense, at any time after the expiration of one month from the service of the notice, to place on the land of the adjoining owner below the level of the lowest floor, the projecting footings of the external wall with concrete or other solid substructure thereunder, making compensation to the adjoining owner or occupier for any damage occasioned thereby. The amount of such compensation. if any diference arises, shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be deter- mined.

Where an external wall is built against another external wall or against a party wall, it shall be lawful for the Building Authority to allow the footing of the side next such other external or party wall to be omitted.

251

134. The building owner shall have the rights in relation to party structures and

structures-

following Rights of adjoining owner in

building

relation to party structures,

(1) to make good, underpin, or repair any party etc. structure which is defective or out of repair;

(2) to pull down and rebuild any party structure which is so far defective or out of repair as to make it necessary or desirable to pull it down;

(3) to pull down any timber or other partition which divides any buildings, and is not conformable with the provi- sions of this Ordinance, and to build instead thereof a party wall conformable thereto;

(4) in the case of buildings having rooms or storeys the property of different owners intermixed, to pull down such of the said rooms or storeys, or any part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(5) in the case of buildings connected by arches or com- munications over streets belonging to other persons, to pull down such of the said buildings, arches or communications or such parts thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(6) to raise and underpin any party structure permitted by this Ordinance to be raised or underpinned or any external wall built against such party structure, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof, and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against such party structure or external wall;

(7) to pull down any party structure which is of insuffi- cient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above purposes, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof;

(8) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by. such operation;

(9) to cut away any footing or any chimney-breast, jamb or flue projecting, or other projection from any party wall or external wall in order to erect an external wall against such party wall, or for any other purpose, upon condition of making good all damage occasioned to the adjoining premises by such operation;

(10) to cut away or take down such parts of any wall or building of an adjoining owner as may be necessary in conse- quence of such wall or building overhanging the ground of the building owner, in order to erect an upright wall against the same, on condition of making good any damage sustained by the wall or building by such operation;

(11) to raise a party fence wall, or to pull the same down and rebuild it as a party wall;

(12) to perform any other necessary works incident to the connexion of a party structure with the premises adjoining thereto :

Existing prior buildings.

252

Provided always, that these rights shall be subject to this qualification, that any building which has been erected prior to the 21st February, 1903, shall be deemed to be conform- able with the provisions hereof if it be conformable with the provisions of the Ordinances regulating buildings before that date.

Require-

ments of adjoining owner in

relation to party struc tures.

Differences between building owner and adjoining

owner.

Notice to be given by building

owner

before work commences.

135. (1) Where a building owner proposes to exercise any of the foregoing rights with respect to party structures, the adjoining owner may by notice require the building owner to build on any such party structure such chimney copings, jambs, or breasts, or flues, or such piers or recesses, or any other like works as may fairly be required for the convenience of such adjoining owner, and may be specified in the notice: and it shall be the duty of the building owner to comply with such requisition in all cases where the execution of the required works will not be injurious to the building owner, or cause to him unnecessary inconvenience or unnecessary delay in the exercise of his right.

(2) Any difference that arises between a building owner and an adjoining owner in respect of the execution of any such works shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be determined.

136.-(1) A building owner shall not, except with the consent in writing of the adjoining owner, and of the adjoining occupiers, or in cases where any wall or party structure is dangerous (in which cases the appropriate provisions of this Ordinance shall apply), exercise any of his rights under this Ordinance in respect of any party fence wall unless at least one month, or exercise any of his rights under this Ordinance in relation to any party wall or party structure other than a party fence wall, unless at least two months before doing so he has served on the adjoining owner of the party fence wall, the party wall or party structure, as the case may be, notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.

(2) When a building owner in the exercise of any of his rights under this Ordinance lays open any part of the adjoining land or building, he shall at his own expense make and main- tain for a proper time a proper hoarding and shoring or temporary construction for protection of the adjoining land or building and the security of the adjoining occupier.

(3) A building owner shall not exercise any right given to him by this Ordinance in such manner or at such time as to cause unnecessary inconvenience to the adjoining owner or to the adjoining occupier.

(4) A party wall or structure notice shall not be available for the exercise of any right, unless the work to which the notice relates is begun within six months after the service thereof, and is prosecuted with due diligence.

(5) Within one month after receipt of such notice the adjoining owner may serve on the building owner a notice. requiring him to build on any such party structure any works to the construction of which he is hereinbefore declared to be entitled.

253

(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience, and shall, if necessary, be accompanied by explanatory plans and draw- ings.

(7) If either owner does not, within fourteen days after the service on him of any notice, express his consent thereto, he shall be considered as having dissented therefrom, and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.

between

owner.

137.-(1) In all cases not specially provided for by this Differences Ordinance, where a difference arises between a building owner building and an adjoining owner in respect of any matter arising with owner and reference to any work to which any notice given under this adjoining Ordinance relates, unless both parties concur in the appoint- ment of one architect they shall each appoint an architect, and the two architects so appointed shall select a third architect, and such one architect, or three architects, or any two of them, shall settle any matter from time to time during the continuance of any work to which the notice relates in dispute between such building owner and adjoining owner, with power by his or their award to determine the right to do, and the time and manner of doing any work, and generally any other matter arising out of or incidental to such difference; but any time so appointed for doing any work shall not, unless other- wise agreed, commence until after the expiration of the period by this Ordinance prescribed for the notice in the particular

case.

(2) Any award given by such one architect, or by such three architects, or by any two of them, shall be conclusive, and shall not be questioned in any court; with this exception, that either of the parties to the difference may within fourteen days from the date of the delivery of the award, appeal there- from to a judge in chambers, who may, subject as hereafter in this section mentioned, rescind the award or modify it in such manner as he thinks just.

(3) If either party to the difference makes default in appointing an architect for ten days after notice has been served on him by the other party to make such appointment, the party giving the notice may make the appointment in the place of the party so making default.

(4) The costs incurred in making or obtaining the award shall be paid by such party as the architect or architects determine.

(5) If the appellant on appearing before the judge declares his unwillingness to have the matter decided by him, and proves to his satisfaction that in the event of the matter being decided against him he will be liable to pay a sum, exclusive of costs, exceeding five hundred dollars, and gives security, to be approved by the judge, duly to prosecute an action in the Supreme Court and to abide the event thereof, all proceedings in Chambers shall thereupon be stayed, and the appellant may bring an action in the Supreme Court against the other party to the difference.

(6) The plaintiff in such action shall deliver to the defendants an issue whereby the matters in difference between them may be tried, and the form of such issue in case of dispute or of the non-appearance of the defendant shall be settled by

.

Right of entry of building

owner.

254

the court, and the action shall be prosecuted and the issue tried in all respects as if it were an ordinary action or issue in the Supreme Court, or as near thereto as circumstances admit.

(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as cir- cumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.

(8) Where both parties have concurred in the appointment of one architect, then, if he refuses, or for seven days neglects to act, or if he dies or becomes incapable to act before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.

(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for seven days neglects, to act, or before such difference is settled, dies, or becomes incapable to act, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his pre- decessor.

(10) Where each party has appointed an architect, then, if the two architects refuse, or, for seven days after request of either party, neglect to select a third architect, or another third architect as aforesaid the Governor may, on the applica- tion of either party, appoint the Director of Public Works or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the two architects appointed by the parties.

(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appoint- ment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.

(12) Where each party has appointed an architect, then, if either of the architects refuses, or for seven days neglects to act the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.

(13) In this section "architect' means "authorised architect'.

138. A building owner, his servants, agents and work- men, at all usual times of working, may enter and remain on any premises for the prupose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furni- ture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a

255

constable, break open any fences or doors in order to effect such entry: Provided that before entering on any premises for the purpose of this section the building owner shall give fourteen days notice of his intention so to do to the owner and occupier; in case of emergency he shall give such notice only as may be reasonably practicable.

strengthen-

foundations

139. Where a building owner intends to erect within ten Under- feet of a building belonging to an adjoining owner a building pinning or any part of which within such ten feet extends to a lower level ing of than the foundations of the building belonging to the adjoining of adjoining owner, he may, and, if required by the adjoining owner, shall building. (subject as hereinafter provided), underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect:-

(1) at least two months notice in writing shall be given by the building owner to the adjoining owner stating his inten- tion to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

(2) if the adjoining owner shall, within fourteen days after being served with such notice, give a counternotice in writing that he disputes the necessity of such under- pinning or strengthening, or that he requires such under- pinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner.

(3) the building owner shall be liable to compensate the adjoining owner and occupier for any inconvenience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:

(4) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise be subject in case of injury caused by his building operations to the adjoining owner.

require

140. An adjoining owner may, if he thinks fit, by Adjoining notice in writing, require the building owner (before com- owner may mencing any work which he may be authorised by this security to Ordinance to execute) to give such security as may be agreed be given for upon, or in case of difference as may be settled by a judge expenses in chambers, for the payment of all such expenses, costs and and counter compensation in respect of the work as may be payable by by building the building owner.

The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter. requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and com- pensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.

payment of

requisition

owner.

Expenses

to be borne

jointly by building owner and adjoining

owner.

Expenses to be borne by the

building

owner.

256

If the adjoining owner does not within one month after service of the counter-requisition give security accordingly, he shall at the end of that month be deemed to have ceased to be entitled to compliance with his party wall or party structure requisition, and the building owner may proceed as if no party wall or party structure requisition had been served on him by the adjoining owner.

141. (1) As to expenses to be borne jointly by the building owner and the adjoining owner :---

(a) if any party structure is defective or out of repair, the expenses of making good, underpinning, or repairing the same shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes or may make of the structure;

(b) if any party structure is pulled down and rebuilt by reason of its being so far defective or out of repair as to make it necessary or desirable to pull it down, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the

structure;

(c) if any timber or other partition dividing a building is pulled down in exercise of the right by this Ordinance vested in a building owner, and a party structure is built instead thereof, the expense of building such party structure and also of building any additional party structures that may be required by reason of the partition having been pulled down, shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the party structure and to the thickness required for the support of the respective buildings parted thereby;

(d) if any rooms or storeys or any parts thereof, the property of different owners, and intermixed in any building, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of such rooms or storeys;

(e) if any arches or communications over public ways or over passages belonging to other persons than the owners of the buildings connected by such arches or communications, or any part thereof, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes of such arches or communications.

(2) As to expenses to be borne by the building owner :-

(a) if any party structure or any external wall built against another external wall is raised or underpinned in pursuance of the power by this Ordinance vested in a building owner, the expense of raising or underpinning the same and of making good all damage occasioned thereby, and of carrying up to the requisite height all such flues and chimney- stacks belonging to the adjoining owner on or against any such

257

party structure or external wall as are by this Ordinance required to be made good and carried up, shall be borne by the building owner;

(b) if any party structure, which is of proper materials and sound or not so far defective or out of repair as to make it necessary or desirable to pull it down, is pulled down and rebuilt by the building owner, the expense of pulling down and rebuilding the same and of making good any damage by this Ordinance required to be made good, and a fair allowance in respect of the disturbance and inconvenience caused to the adjoining owner shall be borne by the building

owner;

(c) if any party structure is cut into by the building owner, the expense of cutting into the same, and of making good any damage by this Ordinance required to be made good shall be borne by such building owner;

(d) if any footing, chimney-breast, jamb or floor is cut away in pursuance of the powers by this Ordinance vested in a building owner, the expense of such cutting away and making good any damage by this Ordinance required to be made good shall be borne by the building owner;

(e) if any party fence wall is raised for a building, the expense of such raising shall be borne by the building owner.

(f) if any party fence wall is pulled down and built as a party wall the expense thereof shall be borne by the building owner.

of expenses

by adjoin.

(3) If at any time the adjoining owner makes use of any Proportion party structure or external wall (or any part thereof) raised which may or underpinned as aforesaid, or of any party fence wall pulled be borne down and built as a party wall (or any part thereof) beyond ing owner. the use thereof made by him before the alteration, there shall be borne by the adjoining owner from time to time a due proportion of the expenses (having regard to the use that the adjoining owner may make thereof)-

(a) of raising or underpinning such party structure or external wall, and of making good all such damage occasion- ed thereby to the adjoining owner, and of carrying up to the requisite height all such flues and chimney-stacks, belong- ing to the adjoining owner on or against any such party structure or external wall as are by this Ordinance required to be made good and carried up;

(b) of pulling down and building such party fence wall as a party wall.

any

of expenses

142. Within one month after the completion of Statement work which a building owner is by this Ordinance authorised to be or required to execute, and the expense of which is in submitted whole or in part to be borne by an adjoining owner, owner.

by building the building owner shall deliver to the adjoining owner an account in writing of the particulars and expense of the work, specifying any deduction to which such adjoining owner may be entitled in respect of old materials, or in other respects, and every such work shall be estimated and valued at fair average rates and prices according to the nature of the work, and the locality and the market price of materials and labour at the time.

Difference between building owner and adjoining

owner as to expenses

Failure by adjoining owner to

express dis-

258

143. At any time within one month after the delivery of the said account the adjoining owner, if dissatisfied there- with, may declare his dissatisfaction to the building owner by notice in writing served by himself or his agent, and specifying his objections thereto, and thereupon a difference shall be deemed to have arisen between the parties, and shall be determined in manner hereinbefore provided for the settlement of differences between building and adjoining

owners.

144. If within the said period of one month the adjoining owner does not declare in the said manner his dissatisfaction with the account, he shall be deemed to have to be deemed accepted the same, and shall pay the same on demand to the party delivering the account, and, if he fails to do so, the amount so due may be recovered as a debt.

satisfaction

acceptance.

Adjoining

owner

failing to contribute, building owner to become sole owner.

Adjoining owner liable

for expenses incurred on his requisi- tion.

Other easements and rights in regard

to party structures preserved.

Submission of claim.

Appointment

of arbitra- tors.

145. Where the adjoining owner is liable to contribute to the expenses of building any party structure, then, until such contribution is paid, the building owner at whose expense the same was built shall stand possessed of the sole property in the structure.

146. The adjoining owner shall be liable for all expenses incurred on his requisition by the building owner, and in default of payment the same may be recovered from him as a debt.

147. Nothing in this Ordinance shall authorise any interference with any other easements in or relating to a party wall, or take away, abridge, or prejudically affect any right of any person to preserve or restore any other thing in or connected with a party wall in case of the party wall being pulled down or rebuilt.

Arbitration.

148. No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the person claiming shall await the decision of the Governor in Council before proceeding with the works.

tion, if

149. In the event of dispute, the amount of compensa- any, payable under this Ordinance shall be determined by arbitration in the manner following:-

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.

:

+

259

(2) The two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.

In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

on which compensa-

150. (1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such purpose the value of any land resumed or of any building tion to thereon-

be based.

(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and Ordinance the condition of the premises, the state of repair thereof. No. 6 of and the probable duration of the premises in their existing state; and

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the main- tenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisition being compulsory.

1901.

(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove--

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

be received.

(3) If the said arbitrators or umpire are satisfied by Effect of such evidence then the compensation shall-

(a) in cases (a) and (b) in sub-section (2) so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c) in sub-section (2) be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

such evidence

on com-

pensation.

Vacancies among arbitrators.

Contraven- tions.

260

(c) in case (d) in sub-section (2) be based on the value of the land, and of the materials of the buildings thereon.

151. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and, if he is a person appointed by a claimant, shall be filled by some other person so appointed

Contraventions and Penalties.

152. Every act, failure, neglect, or omission whereby any requirement or provision of this Ordinance is contraven- ed, and every refusal to comply with any of such require- nents or provisions, shall be deemed a contravention of this Ordinance.

Penalty for building nuisance.

153. Every person who as architect, engineer, clerk of works, contractor, foreman, or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner occupier or tenant of any building or works on which any such nuisance exists shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing to obey magis- trate's order or for

obstructing Building Authority.

Fenalty for

ventions.

154. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or who, without reasonable excuse, refuses to permit the Building Authority, or any oflicer deputed by such Authority, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders the Building Authority, or such officer as aforesaid, in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

155. Every person who contravenes any of the other contra- provisions of this Ordinance in respect of which contraven- tion no special penalty is otherwise provided shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

Liability of

secretary or manager of company.

Proceedings against

several

persons.

156. Where a contravention of any of the provisions. of this Ordinance is committed by any company, corporation or firm, the secretary, manager, director or any partner thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

157. Where proceedings under this Ordinance are competent against several persons in respect of the joint act o default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

261

Special powers of magistrate.

magistrate

structures.

158. It shall be lawful for a magistrate in any case in Power of which it is proved to his satisfaction that any cockloft, to order partition, or shop-division is not in accordance with the removal of provisions of this Ordinance, to order either in addition to illegal or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction thereof or of any portion thereof by any officer deputed by the Building Authority and no compensation shall be payable to any person ir respect of any damage done thereto by such demolition, removal and destruction.

to authorise

159.-(1) If admission to premises for any of the pur- Power of poses of this Ordinance is refused, any magistrate on com- magistrate plaint thereof on oath by any officer authorised by this officer to Ordinance to enter and inspect premises (made after reason- enter and

                               inspect able notice in writing of the intention to make the same has premises. been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same into the premises during the hours prescribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained unde this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

Building

modification

cases.

160. Every application for modification of or Power of exemption from any of the provisions of sections 74, 77, 79, Authority 82, 83, 87, 88 and 110, which the Governor in Council is to grant by any of such sections empowered to grant, shall be made or exemption to the Building Authority in the first instance, and may be in certain granted by him either wholly or in part and with or without conditions; and a certificate under the hand of the Building Authority to the effect that any such modification or exemption has been granted by him shall be as valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council.

Appeal to the Governor in Council.

Governor in

entrusted

161. Whenever any person is dissatisfied with the Appeal to exercise of the discretion of any person to whom discretion- Council ary power is given under this Ordinance in respect of any ageision of act, matter, or thing, which is by this Ordinance made any person subject to the exercise of the discretion of such authority, with powers or with any action or decision of any such person either as to under this the carrying out of or the meaning of any of the provisions of Ordinance. this Ordinance, or whenever any of the provisions of this Ordin- ance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor ir Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation,

Governor in Council em- powered in any appeal to state case for

the opinion

of Full Court on question of law.

Order of

262

or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Coun- cil shall thereafter determine the matter in the absence of, and without further reference to, the Building Authority.

The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and docu- ments submitted by the respondent for the consideration of the Governor in Council

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.

162. In any appeal under the provisions of section 161 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shåll be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and deter- mine the question of law arising on any case stated as afore- said, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

No proceedings by way of mandamus, injunction, pro- hibition, or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

     163. Every order of the Governor in Council on any Governor in appeal shall be final and may be enforced by the Supreme Court

as if it had been an order of that court.

Council

enforced by

the court.

Breach of

condition of modification

or exemp- tion.

Registration

of modifica- tion and cancellation thereof.

164. The breach of or failure to perform any term or condition attached to any modification of or exemption from any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

165. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the

proper- ty affected on payment by such owner of a fee of three dollars. (such fee to be paid in stamps), and in the event of the can- cellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

263

Regulations.

166. The Governor in Council may alter, amend or Governor in revoke the whole or any part of the provisions of the Schedules Council may and may substitute new provisions or new regulations therefor. Schedules

Application of Ordinance.

alter

and make regulations

167.(1) Sections 6 to 147 shall not apply to any part Application of the New Territories except to New Kowloon, unless the of Ordin- Governor in Council shall by order otherwise direct; and

(2) Sections 31 and 32 shall not apply to any domestic building which existed on the 29th day of December, 1894, unless such building is situated within the City of Victoria, or at Kowloon, New Kowloon, Quarry Bay, Shaukiwan, or Aber- deen, or within such other districts or places as may be notified by the Governor in Council.

(3) The provisions of sections 6 and 116 so far as they relate to authorised architects shall not apply in any case in which the Building Authority shall so decide, and the Governor in Council may direct the Building Authority to prepare type- plans and may make regulations in regard to such type-plans it approved, and domestic buildings may, notwithstanding any- thing to the contrary in this Ordinance contained, be erected in accordance with such type-plans and regulations in any part of the Colony outside the City of Victoria or Kowloon.

ance to New Territories.

etc.

from

168. No legal liability whatever shall rest upon the Government Government or upon any Government officer by reason of the exempted fact that any buildings or works other than Government build- liability. ings or works have been or may hereafter be erected or carried out upon designs or plans or of type, construction or materials consented to or approved of by the Government or by any Government officer or by reason of the fact that any such works or buildings are subject to the approval or inspection of any Government officer.

169. No matter or thing done by the Building Authority Limitation or by any public officer or other person whomsoever acting of personal

                              liability under the direction of the Building Authority shall, if it was of the done bonâ fide for the purpose of executing this Ordinance, Building

                              Authority, subject them or any of them personally to any action, liability, and others. claim or demand whatsoever : Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition, or other order un- less it is expressly so enacted.

of persons acting under

170. The provisions of section 48 of the Interpretation Protection Ordinance, 1911, shall apply to actions or prosecutions com- menced against the Building Authority or any person acting the Ordin- under his direction or any public officer or other person acting ance. in his aid, for anything done or intended to be done or omitted No. 31 of to be done under the provisions of this Ordinance.

Ordinance

1911.

171. Nothing herein contained shall be deemed to pre- Saving of vent or limit the exercise by His Majesty of any powers of rights of resumption contained in any Crown lease.

the Crown..

ance

172. Section 8 of the Public Lighting Ordinance, 1914, Amendment is amended by the deletion of the words "section 186 of the of Ordin- Public Health and Buildings Ordinance, 1903", and by the No. 13 of substitution therefor of the words "section 93 of the Building 1914, s. 8. Ordinance, 1934."

Amendont

of Ordin-

aure No. 1 of 1903.

Access to scavenging lanes, etc.

Obstruction

in private streets.

Refuse removal.

Notice to abate

nuisance.

264

173. The Public Health and Buildings Ordinance, 1903, is amended as follows:-

(i) Sections 4, 7, 96 to 152, 156 to 158, 160, 162, 163, 176 to 180, 182 to 184, 188 to 213, 216 to 229 and 236 to 250; are repealed.

(ii) In section 6 paragraphs (1), (3), (10), (11), (16), (20), (25), (27), (31), (37), (39), (44A), (45), (46), (59A) and (60) are repealed.

(iii) In section 153 (1) the word "constructed" in the first line is deleted.

(iv) In the first lines of section 153 (2) and (3) the word "erected" is substituted for the word "constructed".

(v) In the last line of section 154A (1) the words "or of section 180" are deleted.

(vi) In section 155 the words "the erection of any struc- ture or" are deleted and the word "any" is inserted before the word "fitting",

(vii) In the first line of section 159 the words "be main- tained or used so as to" are inserted after the word "shall" in the first line.

(viii) The words "Every latrine" are substituted for the first four lines of section 164. The words "Latrines to be cleansed as the Board may direct" are substituted for the marginal note to the said section.

(ix) Section 181 is repealed and the following section is substituted therefor :--

181.-(1) Every scavenging lane (or side street or open space used for scavenging where no scavenging lane is pro- vided) may be used at any time by any public oflicer and every such lane, street or open space inay be used at any time by any authorised person as a means of approach to any building to which such lane, street or space gives access for the purpose of inspecting scavenging or cleansing any part of such building.

(2) If any such open space is inclosed, the communication door or gate shall be opened by the occupier whenever required by any authorised person for the purpose of inspecting, scavenging or cleansing any part of such building.

(x) Sections 185 and 186 are repealed and the following sections are substituted therefor :-

185. No shed, lean-to, shelter, show case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over, or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor in Council.

186. All household refuse shall be regularly removed by the Government from every street on land held under lease from the Crown,

(ai) In section 230 the following sub-section is substituted for sub-section (1):-

(1) The competent authority to deal with nuisances under this section shall be, unless the context otherwise requires, the Head of the Department or any officer deputed by him in that

behalf.

+

265

(xii) In section 230 (2) the words "may at his discretion" are substituted for the word "shall" in the third line and the words "in the form contained in Schedule L (with such modi- fications, if any, as may be necessary)" are deleted.

(xi) The words "if any such plans are so deposited", are added after the words "Building Authority" in the ninth line of section 251.

(xiv) The words "occupier or tenant" are inserted

after the word "owner" in the fourth line and the word "five" is substituted for the word "two" in section 257.

(xv) In section 258 the words "this Ordinance" are sub- stituted for the words "Part III", the words "any oflicer of the Department or" are added after the word "permit" in the third line and the word "five" is substituted for the word "two" in the last line.

(xvi) In section 261 the word "or" is deleted from the second and third lines and the words "or firm" are added after the word "corporation" and the words "director or any partner" are added after the world "manager".

(xvii) The word "and" at the end of the third line and the remainder of section 267 are deleted.

(xviii) Schedules E, F, G, H, J, K, L and M are repealed.

SCHEDULE A.

[ss. 6 (1) (a) & 166.]

Notice of intention to commence or resume any Building Works.

HONG KONG,

19......

To the Building Authority,

hereby give you notice, pursuant to the Buildings Ordinance, 1935, of

         intention to commence (or resume) the following building work in accordance with the accompanying plans, and that I have engaged

Authorised

Architect to give general supervision in and throughout the carrying out of such building works.

Particulars.

No. of Lot

Locality

Name and number of street (if any)

Width of street (if any) upon which building fronts

Purpose for which it is intended to use the building

Name and address of owner

Name and address of the authorized agent of owner (if any).

(Signature of owner or authorized agent)

(Statement of capacity in which the party signs)

SCHEDULE B. [ss. 6 (1) (d), 14 & 166.]

Exceptional Buildings Regulations.

Buildings of

skeleton con-

The provisions of section 22 of the London County Council (General Powers) Act, 1909, as the same may be amended from time on and steel to time, and the Reinforced Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on struction. the 6th day of July, 1915, as the same may be amended from time concrete.

Reinforced

266

to time, shall be deemed to be in force in every part of the Colony to which the Buildings Ordinance, 1935, for the time being and from time to time applies, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the said Ordinance and as the circumstances may require or render necessary, and with any modifications specially allow- ed by the Building Authority in any particular case.

2. The certificate referred to in section 6 (1) (d) of the Buildings Ordinance, 1935, shall be in the following form:-

Form-S. 6 (1) (d).

1 hereby certify that the plans and calculations submitted by me for the construction of

.on.

have been prepared under my supervision or direction and that the said plans and calculations conform in all respects to the provisions. of Section 22 of the London County Council (General Powers) Act, 1909, and all amendments (if any) thereof, and to the Reinforced Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on the 6th day of July, 1915, and all amendments (if any) thercof, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the Buildings Ordi- nance, 1934, and the circumstances may require or render necessary and with any modifications specially allowed by the Building Autho- rity.

Dated

Authorised Architect.

SCHEDULE C.

[ss. 6 (1) (e) & 166.]

Certificate of Stability of Existing Buildings.

HONG KONG,

19......

I hereby certify that I have inspected the building known as

Lot No.

and

that in my opinion it is capable of bearing the weight and stresses of the repairs, alterations or additions proposed to be made in accord- ance with the plan submitted herewith, and of any additional weight or stress which in consequence of such repairs, alterations or addi- tions may be imposed upon it.

Το

The Building Authority.

Authorised Architect.

SCHEDULE D.

[ss. 6 (4) & 166.]

Certificate of completion of Repairs, Alterations or Additions.

HONG KONG,

19......

I

       Authorized Architect hereby certify that the repairs, alterations or additions to the building known as

on ... ...... Lot No.

Section

have been completed in accordance with the plans approved by the Building Authority in the Buildings Ordinance file Ref. No......

Authorised Architect.

+

267

SCHEDULE E.

[ss. 58 & 166.]

Undertaking with regard to verandah (or balcony) to be erected on or over Crown land.

hereby agree in consideration of being permitted by His Ex- cellency the Governor to erect a verandah (or balcony) over unleased Crown land adjoining house No.

No.

on

Lot

1. That during the construction of the said verandah (or balcony) will in no way deviate from the plans and drawings

thereof supplied, signed by office of the Building Authority.

and deposited in the

2. That

will always keep the said verandah (or balcony) in good order and repair and will colourwash, paint and cleanse the same and will keep clean the footpath underneath the same whenever required by the Building Authority to do so and will not use or permit to be used any portion of the structure for the display of advertisements other than the name or names of the occupiers, together with such appropriate business descriptions as are necessary for the purpose of identification.

3. That

       will always give free ingress to the Building Authority or any officer authorised by such Authority to enter the premises and examine the verandah (or balcony).

4. That should the land on or over which such verandah (or balcony) is to be erected be, at any future time, required by the Government for any public work, improvement, or other public hereby undertake on receipt of a notice in

purpose

Own

writing from the Building Authority to remove at expense the whole of the structure within a period of three months from the date of such notice, and without making any claim for com- pensation on the Government for such removal.

5. That in the event of

            Street being hereafter raised or lowered

hereby undertake on receipt of a notice in writing signed by the Building Authority to raise or lower within a period of three months from the date of such notice and at own expense the whole of the ground floor surfaces to such levels as shall be determined by the Building Authority and further undertake to make no claim for compensation

on the Government in respect of such raising or lowering.

6. That

will always comply with all regulations from time to time in force relating to verandahs and balconies.

7. And that this agreement shall be binding also on executors, administrators and assigns.

Dated the

day of

Witness to signature.

19......

Signature of owner of Lot No.

SCHEDULE F.

[ss. 58 & 166.]

Undertaking with regard to areas for the admission of light and air into basements to be constructed on unleased Crown land.

hereby agree in consideration of being permitted by His Excellency the Governor to construct as an encroachment on unleased Crown land the following works:-

adjoining house No.

on

Lot No.

1. That

will in no way deviate from the plans and drawings of such works supplied, signed by deposited in the office of the Building Authority.

and

2. That

268

     will keep the whole of the said works in good repair, and not permit the accumulation of rubbish therein or the use thereof for storage purposes, or as a smokehole or in any way other than as a channel for the admission of light and air.

3. That

will always give free ingress to the Build- ing Authority or any officer authorised by such Authority, to enter the premises for the purpose of inspection.

4. That should the land occupied by such works be at any time required by the Government for any public work, improvement or other public purpose

hereby undertake, on receipt of a notice in writing from the Building Authority, to remove at own expense the whole of such works within a period of three months from the date of such notice and without making any claim for compensation on the Government for such removal.

5. That

will always comply with all regulations

from time to time in force relating to areas.

6. And that this agreement shall be binding on executors, administrators and assigns.

Dated the

Witness to signature.

day of

19......

Signature of owner of Lot No.

SCHEDULE G.

[ss. 58 & 163.]

Verandah and balcony regulations.

Notwithstanding anything contained in these regulations no struc- tural alteration shall be required to be made in any verandah, balcony or basement already constructed in compliance with the regulations in force at the time.

1. Except as hereinafter mentioned any verandah projected over any street from the ground storey of any building shall not be less than ten feet wide, between the face of the wall from which it is projected and the inside face of the base of the piers or columns upon which it is supported.

As far as practicable, unless the Building Authority shall other- wise direct, the external face of the base of the piers or columns shall align with the face of the kerb of the side walk.

2. Any such verandah shall not be less than eleven feet high measured from the top of the kerb-stone or, if there is no kerb-stone, from the level of the centre of the street to the underside of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

3. Any balcony projected over any street shall have a clear height underneath every part thereof of at least eleven feet measured from the top of the kerb-stone, or, if there is no kerb-stone, from the level of the centre of such street.

4. Any such verandah, balcony, or part thereof, projected over any street from any storey higher than the ground storey of any building, shall not be less than ten feet high. Such height shall be measured from the floor of the verandah, or balcony, to the under- side of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

5. The ends of all such verandahs or balconies. which do not abut on any verandah or balcony existing at the date of their con- struction, shall be left open and shall be finished in all respects in a similar manner to the front elevation thereof.

*

269

6. Special plans and drawings of any such verandah or balcony. shall be submitted to the Building Authority and shall be on tracing cloth and such plans and drawings shall be drawn to a scale of not. less than one-tenth of an inch to the foot, and the details of all brackets, mouldings, caps, cornices, balustrades, and similar parts of the proposed structure, shall be drawn to an uniform scale of one inch to the foot. Such plans and drawings shall clearly show the lines and levels of existing kerbs and any proposed alterations to such lines or levels. Figured dimensions shall be given of such proposed alterations.

7. Any such verandah or balcony shall be constructed of iron, stone, brick or other incombustible material approved by the Build- ing Authority, except that the piers of every verandah shall on the ground floor of any building be made of cut stone worked straight, the exposed faces of which shall be extra fine punched or of other incombustible material approved by the Building Authority.

8. All bressummers and lintels, in connection with any such verandah or balcony, shall be constructed of iron or other incom- bustible material approved by the Building Authority.

9. The roof and floors of any such verandah or balcony shall be provided, to the satisfaction of the Building Authority, with gutters laid to a proper fall and with down-pipes to carry off water.

10. In the case of balconies any bracket, which is not built into any party or cross wall or main wall other than the wall from which it projects, shall have its top member extended for a length of at least three feet underneath the floor joists, or be otherwise anchored down in a manner satisfactory to the Building Authority.

or

11. The foot-path or roadway underneath any verandah balcony over unleased Crown land or projecting beyond any such verandah or balcony out to the kerb-stone shall be paved with fine cement-concrete at least four inches thick, or finely dressed granite stones, not more than eighteen inches square, closely jointed and laid on a bed of lime-concrete, or with such other materials as may be approved by the Building Authority, by the owner for the time being of the property from which such verandah or balcony projects, who shall maintain the same in good order, to the satisfaction of the Building Authority: Provided that wherever the Building Authority may consider it expedient to do so he may lay or repair any such foot-path or roadway at the expense of the owner, as afore- said, who shall pay into the Treasury, within seven days of the date of notice, the amount certified by the Building Authority as being due in respect of the work done, and in default of such payment the Building Authority may recover such amount by an action in the Supreme Court in its summary jurisdiction.

12. No verandah or balcony shall hereafter be constructed over any street unless the building from which it projects has a clear and unobstructed courtyard, backyard, back lane, or other open space, belonging exclusively to such building and extending across the entire width and in the rear of such building and of a minimum depth of eight feet:

Provided that:

(a) A bridge or covered way, not exceeding three feet and six inches in width, when such is necessary for giving access to buildings in the rear of the property, shall not be deemed an obstruction to such courtyard, backyard, back lane, or other open space, within the meaning of this regulation.

(b) The Building Authority shall have power to modify this regulation in any case in which he may be consider it expedient to do so.

SCHEDULE H.

[ss. 58 & 166.]

Signboard Regulations.

1. No signboard shall be hung or fixed or maintained over any roadway unless a clear space of not less than fourteen feet be left between the signboard and the level of the road-way and no signboard.

270

shall be hung or fixed or maintained over any footpath unless a clear space of not less than nine feet be left between the signboard and the level of the footpath.

2. No signboard which projects more than six inches from the face of a building and of which the maximum width exceeds fourteen inches shall be of a greater area than twenty square feet.

3. No signboard which is attached to the face of any building shall project more than four feet from such face unless such sign- board is fixed to the underside of the floor of a verandah or balcony.

4. No signboard of which the maximum height exceeds five feet. shall project more than two feet from the face of a building.

5. No signboard, which is attached to the face of a verandah or balcony shall extend for a greater height than three feet above. the level of the floor of such verandah or balcony unless it be hung or fixed at right angles to the face of such verandah or balcony.

6. Every signboard shall be secured with proper and sufficient fastenings which shall be fixed and at all times maintained to the satisfaction of the Building Authority.

7. Every signboard which fails to comply with the above con- ditions will be treated as a contravention of the Buildings Ordinance, 1935. Provided that distinctive signboards such as those used by pawnbrokers will be permitted so long as they comply with the pro- visions of condition No. 6 and conform to a design and size approved by the Building Authority.

SCHEDULE J.

[ss. 104 & 166.]

Drainage (including water closets and urinals) Regulations.

1. Nothing in these regulations shall affect any existing drain, sewer, water closet or urinal constructed and maintained in com- pliance with by-laws or regulations previously in force until such drain, sewer, water closet or urinal shall become defective.

2. In these regulations,

""

(a) Drain means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed, and main drain means the whole of such drain excluding any branches thereof.

66

""

(b) Sewer includes sewers and drains of every description except drains to which the word drain interpreted as aforesaid applies.

3. Any owner or occupier of private premises about to construct, reconstruct, alter or amend any drain shall give the notice and for- ward the plans required by section 6 of the Buildings Ordinance, 1935. Such plans must show the whole of the drainage works pro- posed to be carried out, the diameter of the pipes, their gradient and their connexion to the main drain, sewer, channel or nullah, and also the levels and sizes of any existing drains crossed by or adjacent to such new drains. Copies of Schedule A in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of the villages, at any village police station between 10 a.m. and 4 p.m.:

Provided that when drainage works are being carried out in conjunction with other works it shall only be necessary to forward one form as set out in Schedule A, which must however contain particulars of the whole of the works including such drainage works.

271

Note. The approval of plans by the Building Authority under these regulations certifies simply to the fact that the plans are in accordance with the Buildings Ordinance, 1935, and with the re- gulations made thereunder, but signifies no approval of the sufficiency or otherwise of the plan and throws no responsibility on the Build- ing Authority.

4. Any person carrying out excavations for drainage works on any premises contiguous to a public thoroughfare, whereby the safety of the public may be jeopardized, shall light such excavations by means of a lantern or lanterns kept lighted through the night, and he shall further provide watchmen, erect hoardings and otherwise take such precautions as may be necessary for securing the safety of the public and the protection of adjoining properties.

5. Covered drains and sewers shall be made of impervious materials, to be approved by the Building Authority, with smooth internal surfaces, such as well glazed earthenware pipes or cast-iron pipes protected against rust or corrosion by suitable asphaltic coat- ing, and shall be so constructed as to be water-tight and air-tight. In jointing pipes with cement, tarred hemp shall be caulked into the joints before the cement is applied, and care shall be taken that no cement or other jointing material projects from the joints into the interior of the pipes, and any such projecting material or other irregularities in the bore of the drain or sewer shall be carefully removed.

6. All drains and sewers shall be laid so as to have a firm bed throughout their length. Where the bottom of the trench is in rock or similar hard substance, the pipes shall be firmly bedded in suitable selected material free from large stones and well rammed into place. Where such drains or sewers are laid under a wall, they shall be protected by means of a relieving arch.

7. All stone-ware pipes shall be well glazed and free from cracks and flaws and shall have a thickness of not less than one-twelfth of their diameter.

8. That portion of the drain of any building which is immedi- ately connected with any sewer shall (unless specially exempted by the Building Authority) be provided with a suitable and efficient intercepting trap at a point situate on the ground of the owner of the drain as distant as

as distant as may be practicable from such building and as near as may be practicable to the point at which such drain is connected with such sewer. Adequate means of access shall be provided to every drain by a manhole or disconnecting chamber or other means of access to be approved by the Building Authority for the purpose of cleansing the drain. All manhole and disconnecting chambers shall be constructed of brickwork at least nine inches in thickness built in cement mortar so as to be water tight up to the level of the adjacent ground and every drain or sewer connecting into such manhole or disconnecting chamber shall be continued along the floor of the chamber by means of open half- channel pipes set in a bed of cement concrete. The surface of the concrete shall be raised above the edges of the half-channel pipes and shall be floated with neat cement all over so as to present a smooth and impervious surface. Where tributary drains are nected to the main channel the manhole bottom shall be benched up in cement concrete at an angle of forty-five degrees and finished at the channel with a bull nose edge and such tributary drains shall be formed by means of curved half-channels similarly laid in the benching and made to discharge over the main channel.

con-

All manhole and disconnecting chambers shall be fitted with air tight covers and frames to be approved by the Building Authority.

9. All covered drains and sewers shall be laid in straight lines and regular gradients between the points at which any change of direction occurs, and all changes of direction shall be made by means of properly curved pipes or by half channels in manholes.

10. Concrete for encasing drains or sewers shall be composed of four parts of good sound clean stone, broken to pass through a one inch ring, two parts of sand and one part of Portland cement thoroughly well mixed and well rammed into place or of such other materials and in such proportions as the Building Authority may

approve.

272

11. Cement-mortar for the jointing of pipes or any other work shall be mixed in the proportions of not more than three parts of clean sharp sand to one part of good Portland cement and used fresh.

12. No covered drain or sewer shall be less than four inches in clear internal diameter, but the Building Authority may require any covered drain or sewer to be constructed of a larger diameter.

13. Subject to the limitation mentioned in regulation No. 12 of these regulations, no drain or sewer shall be larger than is neces- sary in the opinion of the Building Authority to carry off the sewage of the premises drained or the sewage with the rain-water, which, under conditions hereinafter specified in regulations Nos. 35, 36 and 37 of these regulations, shall be admitted to the drain.

sewer shall have the

14. Every drain. or

                  maximum fall, throughout its length, that the relative levels of the public sewer and of the most remote inlet will admit of:

Provided always-

(a) that, if the available fall exceeds 1 in 30, the part of the drain or sewer more remote from the public sewer may be laid with a fall of 1 in 30; and the remainder, with such greater fall as may be necessary to connect with the public sewer;

(b) that, if the excavation necessary to obtain the maximum available fall, is likely in the opinion of the Building Authority to endanger the stability of the adjoining or neighbouring property, the gradient may be modified to such extent as the Building Authority may approve.

15. Whenever the available fall for a covered drain or sewer is less than 1 in 30, the Building Authority may require the gradient of the drain or sewer to be varied by increasing such gradient in the upper portion of such drain or sewer and by reducing it in the re- maining portions.

16. Whenever the gradient of any portion of a covered drain or sewer is less than 1 in 30, the Building Authority may require an automatic flush tank or any other suitable contrivance for attaining an effective flush to be provided to his satisfaction.

17. No drain or sewer shall be so constructed as to pass under any domestic building except when any other mode of construction is impracticable. Any drain or sewer passing under a building shall be of cast-iron pipes coated inside with Dr. Angus Smith's patent composition, or of other material approved by the Building Authority, and all such pipes shall be of a quality to be approved by the Build- ing Authority and the joints shall be properly caulked and run with lead, and (unless the written permission of the Building Authority has first been obtained to lay the drain or sewer otherwise) shall be laid in one straight line for the whole distance beneath such build- ing, and shall be imbedded and encased throughout its entire length in four inches of concrete as specified in regulation No. 10 of these regulations.

18. Whenever a covered drain or sewer traverses soft or yield- ing ground, or when water may make its appearance in the trench, the drain or sewer shall be surrounded throughout its entire length with not less than four inches of concrete as specified in regulation No. 10 of these regulations.

19. No drain or sewer shall be constructed in such manner as to allow any inlet to such drain or sewer to be placed inside any roofed building, (except such inlet as may be necessary from the apparatus of any water closet or urinal):

Provided that, if in the opinion of the Building Authority it is impracticable to comply with this regulation in respect of any pre- mises without encroaching on unleased Crown land, the Building Authority shall, on payment by the owner of such premises of a fee of twenty dollars, construct an inlet on Crown land to receive the drainage of such premises and connect such inlet with a sewer. The cost of cleansing and maintaining such inlet shall thereafter be borne by the owner for the time being of the said premises, and may be recovered by the Building Authority from such owner by an action in the Supreme Court in its summary jurisdiction.

*

273

20. The aggregate area of the openings in any grating fixed on the inlet to a waste-pipe from a bath or sink shall not be less than four square inches and such waste-pipe shall not have a less internal diameter than one and a half inches.

21. Every inlet to a drain or sewer shall be provided with a trap of a pattern to be approved by the Building Authority. All surface traps and gulleys shall be provided with hinged gratings having the nett area of the openings not less than twice the area of the trap or pipe. Such gratings shall be sunk to a depth of at least one inch below the surrounding surface with a slope round them equal to half the width of the grating.

22. Traps shall have not less than two inches of water seal and shall be properly fixed and jointed to the satisfaction of the Building Authority. All stone-ware traps shall be surrounded with four inches of concrete as specified in regulation No. 10 of these re- gulations.

23. No person shall construct or fix in connexion with any drain or waste-pipe the form of trap of the kind known as the bell- trap or any trap of the kind known as the D trap.

24. Every covered main drain or sewer carrying sewage or sullage-water shall be ventilated at its upper end by carrying up in the open air an iron ventilating pipe of a diameter of not less than four inches to a height of not less than three feet above the eaves of the building to which it is affixed or of any of the immediately adjoining buildings, and clear of all windows, sky-lights or other openings as required by the Building Authority. The joints of all such pipes shall be properly caulked and run with lead.

25. Every covered main drain or sewer carrying sewage or sullage-water shall, if required by the Building Authority, have a ventilating opening near to its lower end and in the open air, and no trap or other obstruction to the free circulation of air shall exist be- tween this opening and the one described in regulation No. 24 of these regulations.

When a covered main drain receives the drainage of more than one building, the Building Authority may require additional provision for ventilation of the branch drain from each building.

26. All eaves-gutters shall be of cast-iron or other material approved by the Building Authority and shall be securely fixed at a proper gradient and connected to rain-water pipes to the satisfaction of the Building Authority.

27. Rain-water pipes and waste-pipes from baths, sinks and other similar appliances on the upper floors of buildings shall be fixed, as far as may be practicable, vertically, and shall be of cast- iron socketed pipes jointed with yarn and red lead, or wrought-iron pipes, with screwed joints, coated with bituminous composition, or galvanised, or pipes of other approved materials, securely fixed outside the wall, and in the open air, by means of heavy wrought-iron bands fitted round the pipe, and made fast with wrought-iron spikes not less than four inches long, or in the case of iron pipes by means of ears, made fast as above described and provided, at each point of con- nexion, with a suitable head, and at their lower extremity with a bend, shoe, or pedestal pipe. Every opening in the wall of a build- ing for the discharge of sullage-water shall be of a suitable size and entirely protected to the satisfaction of the Building Authority by a fixed grating of cast-iron or other material to be approved by the Building Authority.

Provided that in the case of rain-water pipes and waste-pipes abutting on any street, cast-iron or wrought-iron pipes only shall be used, properly jointed as above described, (unless permission has been granted by the Building Authority to use pipes of other mate- rial), and wherever practicable rain-water pipes shall be carried under the foot-path and shall discharge into the side-channel.

Note. Zinc, tin-plate, riveted or lap-jointed sheet-iron will not be permitted.

274

28. No waste-pipe (other than a soil pipe from a water closet or urinal) and no rain-water pipe shall be connected directly with any covered drain, but every such pipe shall be brought down to within one foot from the ground and shall discharge in the open air near to or over a trap.

29. No rain-water pipe from the roof of a building shall be used as a ventilating pipe for any drain which communicates or is de- signed to communicate with a sewer.

30. Any person who may have laid any drain or sewer or con- structed drainage works connected therewith shall not cover up such drain sewer or works until the same shall have been previously in- spected and passed by the Building Authority or an officer deputed by him, and every such person shall give three clear days written notice to such Authority that such drain or sewer or works are ready for inspection, and such notice shall be delivered at the office of the Building Authority in a form of which printed copies in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of villages, at any police station. between 10 a.m. and 4 p.m. : Provided that in all cases where plans or a notice signed by an authorised architect have been submitted under regulation No. 3 of these regulations, the notice referred to in this regulation shall, if the Building Authority so requires, be signed by an authorised architect.

21. Before any drain or sewer is covered in, it shall be inspect- ed and tested by the Building Authority or an officer deputed by him to ascertain whether it is water-tight and air-tight; and no drain or sewer that fails in either of these respects shall be passed. A fee of twenty dollars shall be paid by the person who signs the notice referred to in regulation No. 30 of these regulations for every inspec- tion after the first if the Building Authority is satisfied that such further inspection has been necessitated by negligence or by bad workmanship or the use of improper materials. After a drain or sewer has been passed, the earth shall be carefully filled in, above and around the drain or sewer, and thoroughly rammed and con- solidated. For a depth of at least six inches above the summit of the sockets of the pipes, selected material, free from stones larger than will pass through a two inch ring, shall be used in filling in the trench.

32. Surface channels shall be constructed of impervious mate- rials to be approved by the Building Authority and of such section as the Building Authority may approve, and shall be finished off smooth and laid to regular gradients of not less than 1 in 80 unless the Building Authority shall permit a less gradient.

33. The floors of all kitchens, sculleries, bathrooms, stables, cow- sheds and the like, shall, where practicable, be laid to proper falls, and shall be elevated above the ground outside the building, and shall be provided with surface channels passing out through the wall and delivering above a trapped gulley outside. When new drains are being laid and where the floor is at the level of the ground out- side, such surface channel shall be connected to a trap outside the house by a straight pipe terminating above the water level and below the grating of the trap, which shall be accessible and in free com- munication with the open air. Every such opening in the wall shall be of a suitable size and entirely protected by a fixed grating, at its upper end, to the satisfaction of the Building Authority.

34. All surfaces of backyards and paved areas of premises wherever practicable shall have a fall towards the trap or inlet of the drain of not less than 1 in 40, and such inlet shall be placed as far from the walls as practicable.

35. Open surfaces such as backyards, courtyards or other spaces on which slops are thrown, or from which foul water flow, shall be provided with trapped connexions to the covered drains for the re- moval of such waters as well as some of the rain-water.

36. Wherever an outlet is available, surface channels shall be provided to carry excessive rainfall from the premises, and these channels shall be properly connected with a storm water-channel or drain. As many four inch traps as the Building Authority may approve shall be placed in such surface channels and connected with the covered drains for the purpose of flushing the sewers.

275

37. The rain-water from roofs which slope towards inclosed courtyards or backyards may, if diversion to the surface channel is impracticable, be received into the covered drains, but no ventilat- ing pipe shall be used for the conveyance of rain-water from the roof.

38. No person shall, where it can possibly be avoided, lay any pipe for conveying sub-soil drainage in such manner or in such position as to communicate directly with any sewer, cesspool, or covered drain used for the conveyance or reception of sewage.

39. In every case where the course of a drain or sewer shall be diverted, any cesspool previously existing and into which such drain or sewer may have previously emptied, shall be cleansed, deo- dorized and filled with clean earth.

40. Every water-closet and urinal in a building shall, unless exempted by the Building Authority, be constructed against an external wall, and all apparatus shall be fixed as near to such external wall as in the opinion of the Building Authority is practicable.

41. Every water closet and urinal shall be furnished with a separate cistern or flushing box unless the Building Authority shall otherwise permit. In the case of water closets such cistern or flush- ing box shall be so constructed, fitted and placed as to admit of a supply of water to such closet, basin, or other receptacle of not less than two gallons and not more than three gallons each time such basin or other receptacle is used.

Such cistern or flushing box shall in all cases, except where it is in connexion with a valve-closet, be of the type known as Water Waste Preventor.

Such cistern shall be provided with a suitable ball-cock fixed on the supply pipe, and it shall be furnished with an overflow pipe carried through the external wall of the building into the open air and terminating in a conspicuous place.

Provided that, in the case of trough water closets and urinals, such cistern or flushing box shall be of automatic action and of such size and pattern and discharging at such intervals as may be ap- proved by the Building Authority.

42. Every water closet and urinal shall be furnished with a suitable apparatus for the effectual application of water to any basin, or other receptacle with which such apparatus may be connected and used, and for the effectual flushing and cleansing of such basin or other receptacle, and for the prompt and effectual removal there from of any solid or liquid filth which may from time to time be deposited therein.

Every water closet or urinal shall be furnished with a basin or other suitable receptable or receptacles of non-absorbent material, and of such shape, capacity, and mode of construction as to receive a sufficient quantity of water; and every such receptacle in con- nexion with a water closet shall in addition contain a sufficient quantity of water to allow of all filth which may from time to time be deposited therein to fall directly into the water. Every such receptacle shall be provided with a suitable trap, having a water seal of not less than one and a half inches.

No container or other similar fitting shall be constructed or fixed under such receptacle.

No trap of the kind known as the D trap shall be constructed or fixed in connexion with any such water closet or urinal apparatus.

43. No water closet or urinal or receptacle shall be directly con- nected with any water service pipe.

44. No flush-pipe connecting any water closet apparatus with the cistern shall be less than one and a quarter inches in internal diameter throughout its length and no flush-pipe in connexion with any urinal shall be less than three-quarters of an inch in internal diameter throughout its length.

270

45. No water closet or urinal apparatus or receptacle shall be cased in.

46. Every water closet and urinal shall be provided with an efficient soil pipe of cast-iron or wrought-iron securely fixed to the wall in the manner described for ventilating and waste-pipes; and such soil pipe shall be not more than (unless required by the Build- ing Authority) four inches in diameter in the case of water closets and not more than (unless required by the Building Authority) two inches in diameter in the case of urinals, and shall be properly con- nected to the drain at the foot, and shall be continued up in full diameter without bends or angles except where unavoidable, and shall terminate in an open end at least three feet in height above the eaves of the building to which it is affixed or of any adjacent building, and not less than ten feet from any window.

Such soil pipe shall be jointed with yarn and molten lead and well caulked.

Every soil pipe shall be provided with proper junctions for con- necting with the water closet or urinal receptacle, the trap of which No soil pipe shall be connected in a sound and substantial manner. shall receive any pipe other than that from a water closet apparatus or urinal, and no trap shall be fixed in any portion thereof.

Every soil pipe shall be fixed throughout its entire length out- side the building in the open air.

47. When more than one trap for a water closet or urinal re- ceptacle is connected with a soil pipe, the trap of each and every such receptacle shall be provided with an air-pipe of cast iron or lead not less than one and a quarter inches in diameter in the case of urinals and not less than two inches in diameter in the case of water closets, which shall be carried up throughout its entire length outside. the building, and shall either be connected to the soil pipe above the connexion with the uppermost trap, or shall terminate not less than three feet above the eaves of the building and not less than ten feet from any window.

48. All joints, pipes, fittings and apparatus in connexion with any water closet or urinal shall be perfectly water-tight and air-tight, and fixed to the satisfaction of the Building Authority.

49. All drains, sewers, and drainage works shall be built and carried out in all respects in accordance with the provisions of the Buildings Ordinance, 1935, and of these regulations and of any that may be made hereafter, and if no written notice provided by re- gulation No. 3 of these regulations shall have been given to the Building Authority by any owner or occupier about to construct, reconstruct, alter repair, or amend any drain or sewer on his pre- mises, and if by such default the Building Authority shall have had no opportunity of inspecting and approving or disapproving of any such drain, sewer or drainage works actually built and already cover- ed in, it shall be lawful for the Building Authority on discovering the existence of such drain or drainage works to call upon such owner or occupier to open and uncover the same for the purpose of inspection, and should such drain, sewer, or drainage works prove upon inspection to be defective either in respect of design, work- manship, or materials, they shall be deemed a nuisance under the aforementioned Ordinance and dealt with accordingly.

50. All works connected with the construction of drains, sewers, and connexions shall be carried out in strict accordance with the plans and sections previously submitted to and approved by the Building Authority, or with such amendments to such plans and sections as may have been required by him, to make them comply with the provisions of the Buildings Ordinance, 1935, and such works shall be carried out in a proper and workmanlike manner with the best materials of their respective kinds, and shall be subject during their progress to the control and supervision of the officers of the Building Authority appointed in that behalf and shall be completed to the entire satisfaction of the Building Authority.

51. Whenever any drain or sewer is about to be constructed or reconstructed, the Building Authority shall have power to require the provision of a surface channel of approved materials and design, in lieu of a covered drain or sewer, in any position in which a covered drain or sewer may appear to him to be undesirable.

277

Waste-pipes from buildings and surface channels from kitchens, sculleries, bathrooms, stables, cowsheds and the like shall discharge into such surface channel without the intervention of a trap; but any communication between such surface channel and a covered drain or sewer shall be by means of a trap.

52. The position and depth of any sewer to which it is proposed to make a connexion shall be ascertained by the person submitting any plan or notice relating to any drainage works. The Building Authority shall, on application being made to him by such person, open the road or footway where necessary to enable such information to be obtained, but the cost of such opening and of the reinstate- ment of the surface shall be borne by the applicant.

53. The Building Authority, or any officer deputed by such Building Authority may, with such assistants as may be necessary, enter any building, curtilage or works, and may open the ground surface or take such other action as he may consider necessary for the purpose of inspecting and supervising the works to be carried out or about to be carried out under these regulations: Provided that any damage caused to the owner by reason of such inspection shall be made good by the Building Authority at the public expense should the work of which inspection is made be found sound and good.

54. In any case in which the Building Authority may consider the provisions of any of these regulations inapplicable or inexpedient, he may grant such modifications or exemptions as he may consider necessary.

SCHEDULE K.

[ss. 116 & 166.]

Certificate with regard to compliance with Ordinance.

I

HONG KONG,

certify that the new building, viz.:

on

Lot No.

19......

Authorized Architect, hereby

Sec.

comply/complies

in all respects with the provisions and requirements of the Build- ings Ordinance, 1935 (including all regulations and by-laws made thereunder), and is structurally safe.

I therefore request that a written permit to occupy such building may now be granted to

the registered owner of this/these building as required by Section 116 of the said Ordinance

To

The Building Authority.

Authorized Architect.

SCHEDULE L.

[ss. 121 & 166.j

Matshed regulations.

GENERAL.

46

matshed

1. In these regulations,

includes structures of wood,

Inter-

pretation.

mats, palm leaves, thatch or other inflammable material.

2. No matshed shall be erected or maintained within fifty yards Proximity to of any other building unless with the permission in writing of the buildings. Building Authority.

Application.

278

3. Every application for permission to erect a matshed shall specify the proposed dimensions of the matshed, the period of time. for which such matshed is required and, if it is intended for habita- tion by more than two persons, the maximum number of persons it is intended to accommodate at night; and no matshed shall be used for habitation by more than two persons unless the permission to erect such matshed expressly states that it may be so used.

Proximity to

     4. No part of the structure of any matshed shall be within ten telegraph and feet of any telegraph or telephone wire or electric cable. telephone wires.

Contraven- tions.

Penalty.

Sanitary

5. The permit-holder shall be responsible for any act or omission by which any of these regulations is contravened and shall indemnify the Government and the Building Authority from all and every claim that may be brought against the Government, or the Building Authority, in respect of sanctioning the erection of the mat- sheds referred to in such permit.

6. Any contravention of these regulations and any breach of the conditions of a permit will entitle the Building Authority to cancel and withdraw the permit without notice, and will render the person responsible for any such contravention or breach liable upon summary conviction to a penalty not exceeding one hundred dollars.

7. Every matshed, shall at all times, be kept in a cleanly con- maintenance. dition, and all garbage and other refuse matters shall be removed therefrom at least once every twenty-four hours and be properly dis- posed of to the satisfaction of the Sanitary Board.

Removal

8. On the expiry of the permit the permit-holder shall remove. such, matshed without delay and shall clear the site to the satisfaction of the Building Authority.

SPECIAL REGULATIONS FOR MATSHEDS USED OR INTENDED TO BE USED FOR HABITATION.

X

Application

of Regula- tions. 10-19.

Freparation of site.

Distance

from hill-

side.

Notice

to be affixed.

9. The following regulations apply only to matsheds used or in- tended to be used for habitation by more than two persons.

10. The site of every such matshed shall be levelled, and the site, including the ground surface for a distance of not less than three feet from the outer walls of such matshed, shall be covered with a layer of good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority and provided with channels graded to discharge where required by the Building Authority.

Provided that in all cases in which the floor of the matshed averages at least two and a half feet above the ground and the space below such floor is not inclosed, or in which the matshed is erected over water, the forgeoing requirements may with the permission of the Building Authority be dispensed with.

11. No such matshed may be erected in such a manner that any part of any external wall of such matshed is at a less distance than eight feet horizontally from any cutting.

12. A board shall be exposed on the outside of every such mat- shed containing the following information:-

(a) Name of permit-holder.

(b) Number of permit.

(c) Date of issue of permit.

(d) Duration of permit.

(e) Maximum number of persons it is intended to accom-

Inodate.

2

279

13. The ground surface of every kitchen used in connexion with Kitchens. any such matshed shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority.

14. Adequate latrine accommodation shall be provided for the Latrines. occupants of every such matshed and the ground surface of every such latrine shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth and graded and channelled to the satisfaction of the Building Authority. Every receptacle in a pail latrine shall be fly proof.

15. Adequate arrangements, to the satisfaction of the Building Drainage. Authority, shall be made for the drainage of every such matshed, and also of every such kitchen and latrine, as well as of the ground im- mediately surrounding them. Adequate provision shall also be made for conducting all sullage-waters into a public sewer, if available, failing which, they shall be disposed of as the Building Authority may direct..

16. Each occupant of any such matshed shall be provided with Over- at least thirty square feet of unobstructed floor area and three hun- crowding. dred and thirty cubic feet of clear and unobstructed internal air

space.

accom-

17. Every such matshed upon a site that is concreted shall be Sleeping provided with suitable beds or bunks for the use of the occupants, modation. and such beds or bunks shall be at least two feet above the floor of such matshed.

18. In all cases in which any such matshed is intended to be Exemption. used for occupation for a period not exceeding three months, and is occupied by not more than twenty persons, the Building Authority may, in his discretion, exempt such matshed from compliance with any or all of the foregoing provisions: Provided always that such exemption shall not be deemed to protect the permit-holder from legal action in the event of a nuisance arising from the erection of such matshed.

19. The Building Authority may require the applicant for per- mission to erect any matshed intended for the housing of more than two persons to sign an undertaking in the following form, and to make a deposit in the Treasury of a sum to be fixed by the Building Authority, not exceeding five hundred dollars for each matshed, as security for the performance of such undertaking.

UNDERTAKING TO PROTECT TREES, &c., NEAR MATSHED.

for the

In consideration of the issue to the undersigned of a permit to erect ......matshed...... at............... housing of [workmen]

hereby undertake to make good any loss or destruction of or damage to any trees, shrubs or under growth or other Government property on unleased Crown land within a distance of five hundred yards from any part of any matshed erect- ed under such permit, occurring while such matshed stands, unless can prove to the satisfaction of the Building Authority that such loss, destruction or damage has not occurred through the act, neglect or default of any person employed by or any person making use of any such matshed, hereby agree that the amount of any such loss, destruction or damage for which

                      may be liable under this document, as assessed by the Superintendent of the Botanical and Forestry Department, may be deducted from the su of $............ which

have deposited with the Treasurer as

and

security for that purpose.

Protection of planta-

tions.

As witness

19......

Witness.

hand this

day of

280

SCHEDULE M.

[ss. 123 & 106.]

EARTHI CUTTING, &C. REGULATIONS.

Regulations as to obtaining stone, earth, sand clay or turf from Crown land.

1. No person shall cut or remove earth, sand, clay, or turf, or collect, extract, split, blast or remove stones from any land not under lease from the Crown, without having previously obtained a written permit from the Director of Public Works, and such permit must be kept by the head workman on the ground and shall be pro- duced whenever required by the Director of Public Works or any officer deputed by him, or by the police, and shall have stated in it the period for which it will be available.

2. The place where stone, earth, sand, clay or turf is to be obtained shall, where practicable, be stated in the permit.

3. As each case may require special precautions, the permit- holder must obey any special instructions of the Director of Public Works indorsed on the permit.

4. Permits for the obtaining of stone will be limited to the collection of loose boulders.

5. Any permit may be limited to the collection of a stated quantity.

6. No stone shall be rolled on to, or left deposited upon, any public road or allowed to roll over any hill-slope to the danger of life or property or to the detriment of trees.

7. All escarpments caused by the cutting on unleased Crown land must be sloped uniformly and properly turfed upon completion of the excavation.

8. Any infringement of these regulations will entitle the Director of Public Works to cancel and withdraw the permit without notice, and will render the person to whom the permit was granted liable upon summary conviction to a penalty not exceeding one hundred dollars.

9. The Director of Public Works shall have power at any time to cancel and withdraw a permit, without giving any notice or assign- ing any cause for such withdrawal.

10. The permit-holder is to provide a competent foreman, who is to remain on the ground during the whole of the time the men are obtaining the material, for the purpose of ensuring that the work is carried out without undermining or prejudically affecting or endangering the stability of any bank or of any land or property adjoining, and to prevent the rolling of stones over any hill-slope to the danger of life or property or to the detriment of trees, and to see that all regulations and conditions attached to the permit are properly complied with.

11. The charges to be made in respect to each and every permit granted by the Director of Public Works under these Regulations shall be determined by him in each case.

46

12. As regards the New Territories, except New Kowloon, these Regulations shall be read and construed as if the words District Officer appeared instead of the words Director of Public Works."

Note: Any contravention of the Buildings Ordinance, 1935, as regards the above matters renders not only the labourer doing the work, but the permit-holder, contractor, or foreman under whom such labourer is working, liable to the penalty provided by such Ordinance.

No.

281

SCHEDULE N.

[ss. 127 & 166.]

Notice to abate a building nuisance.

OFFICE OF THE BUILDING AUTHORITY,

HONG KONG,

19......

To A.B.,

It has been brought to my attention that a nuisance exists

your situated

which contravenes section

Lot No.

viz.:

of the Buildings Ordinance,

1935. I have therefore to give you notice under the said Ordinance to abate the nuisance within a period expiring on

by

(Signed)

Building Authority.

Objects and Reasons.

1. One of the recommendations in the Report of the Director of Medical and Sanitary Services on the need for re-organization of the Medical and Sanitary Services is that Regulations regarding the construction of buildings should come under a Buildings Ordinance.

2. Hitherto this subject has been dealt with under the Public Health and Buildings Ordinance (No. 1 of 1903).

3. It is felt that there are disadvantages in mixing provi- sions as to the design and construction of buildings, which concern mainly the Public Works Department, with provisions relating to house-cleansing and the prevention of disease, which are the special concern of the Sanitary and Medical Depart-

ments.

4. This Ordinance extracts from Ordinance No. 1 of 1903 (which it is intended shortly to repeal and replace by another Ordinance or Ordinances dealing with Sanitation and the Pre- vention of Disease) those provisions which deal with the con- struction of buildings and concern the Public Works Depart- ment and amends them where amendment is considered necessary.

5. A Table of Correspondence attached to the Bill shews the origin of its various clauses and the nature of the amend-

ments.

December, 1934.

C. G. ALABASTER,

Attorney General.

282

GENERAL INDEX

to open spaces

ADDITIONS; to buildings

A.

ACCESS; to buildings for inspection

ADJOINING OWNER; interpretation of...

Rights of

ALTERATIONS; to buildings

APPEAL; to Governor in Council

APPLICATION; of Ordinance

ARBITRATION

ARCHITECTURE, rules as to types of

AREAS; between building and hill-side

Structures in

Sub-sol drainage of

Encroaching on streets

AUTHOR of a nuisance; interpretation of..

AUTHORIZED Architect, interpretation of

B.

List of

SECTION

124

86

6

4 (1)

133-147

6

161-165

167

148-151

10

79

81

80

59 (Schedule F)

4 (2)

4 (3)

5

BASEMENT; Interpretation of

thickness of walls

BEARING; for floors

BLASTING

BLOCK PLAN

BLUE BRICKS

BOND TIMBERS

BONDING for Walls

BACKYARD; ground surface of

BALCONY; Interpretation of

Rules as to

Obstructions in

Undertaking with regard to.. Regulations of

BATHROOMS; clear vertical height in

31

4 (4) 58-61

63

Schedule E

Schedule G

4 (5)

39-40 (5)

21

35

122

89, 6 (c)

16

53

29

Dangerous

BOUNDARY WALLS

BREACH of Condition of modification

BRIDGES

BRESSUMMERS;

BUILDING; Interpretation of

Addition or alteration of

Chinese domestic

Depth of

25

164

81

30

4 (7)

6

7-9

118-120, 124

74-77

Design of

7-10

Domestic, Interpretation of..

4 (15), 6

Height of

New

87, 88

4 (28)

Notice of intention to

commence

Schedule A.

Nuisances

126

Public, Interpretation of Wooden

4 (37) 15

of

BUILDING AUTHORITY; Interpretation

Liability of

Powers as to entry and

Powers to divert traffic

BUILDING OWNER; Interpretation of...

Rights of

4 (8)

168,

169

inspection by

124

125

4 (9)

133-147

C.

46

CEILINGS;

CEMENT; Interpretation of

4 (11)

*

2

در

283

General Index,-Continued.

C,-Continued

CERTIFICATE completion

CHIMNEYS;

for reinforced concrete

CHINESE Domestic Building

COCKLOFT;

COMPENSATION; for disallowing re-

erection

Claims for

CONCRETING of ground surfaces.

CONTRACTS tenancy

CONTRAVENTIONS; Interpretation of

(see Penalties)

CORBELLING;

CORNICES;

CROSS WALL; Interpretation of

Thickness of

D.

SECTION

116 Schedule B.

54, 66, 67,

69-72

"

7-9

4 (12), 42

92 (2)

148-151

31

3

152

35

55, 56

4 (13) 20

DAMP-PROOF COURSES

DANGEROUS BUILDINGS; Interpreta-

tion of

Shoring of, etc....

DETACHED BUILDING;

DISTRICT; Hill, Mid-level, Kowloon Point

DOMESTIC BUILDING; Interpretation of

DOWN-PIPES

DRAINAGE; Works

Regulations

22

4 (14) 117-120, 124

40, 82

4 (22) (23) (27)

4 (15)

52

101-109 Schedule J.

DRAWINGS;

Building over

Interference with existing

110

113

6

EARTH: Cutting

EAVES, Gutters

E.

ENCROACHMENTS on Crown Land

ENTRY and inspection of buildings EXCAVATIONS, Lighting of

EXCEPTIONAL Building, Interpretation

123 Schedule M.

52, 56 Schedule J (26)

58

124

Schedule J (4)

of

4 (16)

Construction of

12-15

160, 164, 165

EXTERNAL AIR, Interpretation of

EXTERNAL WALL, Interpretation of

4 (17)

4 (18)

EXEMPTIONS

F.

FACTORY; Interpretation of

FALL, of ground surfaces.

FIRE ESCAPES

FIRE PLACES

FLOORS; Interpretation of

Bearing for Impermeable Level of ground Space between To be water-tight To rest on corbells Ventilation under

FOUNDATIONS; Construction of

4 (19)

31 (2) 45

64, 66-68

4 (20)

35

31

33

34

37

35

36

23

284

General Index,-Continued.

G.

GOVERNMENT Buildings

GOVERNOR IN COUNCIL, Appeal to

Empowered to state case for

Full Court

Orders of ....

SECTION

161

མའྱ

2

162

163

31-33

GROUND Floors and Surfaces

H.

HABITATION; Space prohibited for HEARTHS:

HILL-DISTRICT; Interpretation of HILL-SIDE; Interpretation of

HOARDINGS;

HOLLOW-WALLS

HOODS; for fire-places

Stair

HOOP-IRON Bond

I.

IMPERMEABLE FLOORS; INFLAMMABLE STRUCTURES;

K.

KITCHENS; Height of

Ground surface of

Limitation of extent of To be provided

KOWLOON-POINT District

41 68

4 (22)

4 (21)

11

28

67

21

29

31, 32

121 Schedule L.

39, 40 (4)

31,

32

65

64

4 (23) 7-10

LANES;

L.

LATH and Plaster Partitions

LATRINES; Interpretation of

General requirements

Height of

Thickness of walls

LIABILITY, of Government Officers

LIFTS and Lift Shafts

LIME-Mortar

LINTELS;

M.

MANDAMUS;

MATSHEDS;

Regulations

MID-LEVEL DISTRICT

MODIFICATIONS

N.

82, 84

28

4 (24)

94-101

39, 40 (5)

21

168 & 169

44

16

30

161

121

Schedule L.

4 (27), 7-10 160, 164, 165

New Building; Interpretation of NEW Kowloon, Interpretation of

Application of Ordinance to. NEW Territories, Interpretation of

Application of Ordinance to. NOTICES; Dangerous Buildings

to commence work

"service of

4 (28) Interpretation Ordinance No. 31 of 1911

167

Interpretation Ordinance No. 31 of 1911

167

118

6

Schedule A.

132

A

285

-

General Index,-Continued.

N,-Continued.

SECTION

NUISANCE; Abatement of

Notice to abate

127-131 Schedule N.

Penalty for

153

NULLAHS;

110-113

0.

OCCUPATION; of new buildings

OCCUPIER; Interpretation of

OPEN Space

OPENING and Recesses

ORDER of Governor in Council

ORDINANCE; Application of

Protection of persons

acting under

OWNER; Interpretation of

116

4 (29)

79, 82, 83, 86

27

163

167

170

4 (30)

P.

PANTRIES;

39, 40

PARTITION WALLS, Interpretation of

4 (32)

Thickness of

In verandahs

17 63

4 (33)

PARTY Structure, Interpretation of

PARTY Walls, Interpretation of

Thickness of ....

To be carried above roof

PARAPETS;

PENALTIES;

PERSON; Interpretation of

PLANS,

POWER of Building Authority to grant

modification or exemption

PREMISES;

PROJECTIONS;

PROTECTION of Persons acting under

Ordinance

PUBLIC Building

R.

RECESSES;

REGISTRATION of Modification

RESUMPTION

RETAINING Walls

RETURNS to Shop fronts

RIGHTS of, Building and adjoining

ROOFS;

owners

The Crown

ROOM; Interpretation of

Windows required for

SCAFFOLDING

S.

SCAVENGING Lanes

SEMI-detached Buildings

SERVANTS Quarters

SEWERS and drains

SHOP Fronts, returns to

SKIRTINGS

SKY-Lights

STAIRS

4 (34)

17

26

26, 88

6, 126, 152-157

4 (35) 6

160

4 (36)

55-57

170

4 (37)

27

165

150, 171

24

27

133-147

171 48-52

4 (38)

77

11

82, 84

40, 82

39, 40

101, 109

Schedule J.

27

38

77

43

- 286

General Index,-Continued.

S,-Continued.

STONES; Removal of

SECTION

123

STOREY; Interpretation of

Height of

STORM water-channels STOVES; Floor under

STREET, Interpretation of

Width of

Private

STRUCTURES; Inflammable

Party

T.

4 (39)

17 (proviso 3)

39, 40 110-113

68

4 (40) 62

89

122 Schedule M.

4 (33)

TENANCY Contracts

TENANT, Interpretation of

TENEMENT, Interpretation of

TIE Rods

TIMBER Stores

TYPE-plans

TYPES of Architecture

3

4 (41)

4 (42) 19 (3) 115 167 (3) 7-10

V.

VENTILATION, of Buildings

under floors

VERANDAH, Interpretation of

Obstruction in

Regulations

Rules as to

74

36

4 (43)

63

Schedules E & G.

58-61

W.

WALLS: Interpretation of

Cross

4 (44)

4 (13)

External

Main

Partition

4. (18)

4 (26)

4 (32)

Party

Blue bricks

4 (34)

16

Bonding of

29

Damp-proof courses for

Hollow

Boundary or fence Cross

External

Foundations for

Hoop iron courses for

Lath and plaster ....

Limitation of length of Materials for

Mortar for

Partition

Party

25

19, 20

22

17, 19 (3)

23

28

29

28

19

12

16

21

26, 134-138

Retaining

24

Tie-rods for

19 (3)

WATER-closets

WEEP-Holes

WELLS,

94-100 Schedule J.

24

WINDOWS, Interpretation of

WOOD Plates

Required

Obstruction to

WOOD-work near flues

WOODEN Buildings

Floors

WORKS, Interpretation of

Notice of intention to commence...

114

4 (46)

73, 74, 77

78

53

54

15 Schedule L.

37

4 (10), 4 (47) Schedule A.

287

TABLE OF CORRESPONDENCE.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

1

N

Cf. Sanitation Bill 2

3

Cf. Sanitation Bill 3

4 (1)

6 (1)

(2)

(2)

(3)

(3)

J

a substituted for the

(4)

(5)

to an average

the floor

level" added

(5)

(6)

Added

(6)

garage

and hoarding

"

added

(7)

(8)

(8)

(9)

Deleted

(10)

(9)

(11)

Added

(10)

(11)

(13)

Substituted for definition of Mez-

zanine floor

(12)

(38)

Re-drafted to exclude the walls of

a central yard

(13)

(16)

€9

(14)

(20)

(15)

(22)

64

Deleted and definition

Mid-level

district

substituted

(24)

(16)

(25)

>>

seven substituted for 'five'

Amended to excluded vertical en-

closure and cross wall or

""

(17)

(26)

66

""

""

other partition "

which have

their own definition

(18)

(27)

Amended to conform to definition

in the Factories Ordinance, 1927

(19)

(28)

(20)

(29)

except Chinese Villages omit-

ted

(21)

(31)

(22)

(32)

288

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance No. 1 of

1935.

1903.

Added

4 (23)

#4

pail latrine, water closet and

urinal added

(24)

6 (35)

Added

(25)

(26)

(37)

Added to take the place of "Eu-

ropean Reservation"

(27)

Amended as in definition (12)

(38)

"and any existing building...

for one tenancy" added...

33

(28)

(39)

(29)

(42)

(30)

(44)

Added

(31)

(32)

(44A)

(33)

(45)

(34)

(46)

(35)

paddy" omitted

(36)

(37)

(38)

Last paragraph added

(39)

""

the whole or any part of " and

66

road-bridge, footpath

added

3 3 5 3 3 € € €

(47)

(48)

(49)

(51)

(53)

(40)

(54)

(41)

(55)

(42)

(56)

Deleted

(57)

"

"

а

the substituted for

(43)

(58)

(44)

(59A)

Deleted

(60)

Added

(45)

glazed "

omitted

(46)

(60A)

"wall, pier, wharf, fence" omitted

(47)

(61)

Revised to accord with No. 39 of

1932, s. 131

10

5

7

239

Table of Correspondence,-Continued.

Buildings

Remarks.

Ordinance, 1935.

Ordinance No. 1 of 1903.

Re-drafted giving in greater detail the procedure to be adopted be- fore any building work is com- menced or resumed; making the architect responsible for work shewn on plans submitted by him; increasing penalties for defective work, etc.

Re-drafted to include Kowloon Point district and giving the Director of Public Works authority to de- cide what constitutes a Chinese domestic building

6

222-225

7

200

"or Kowloon Point District" in-

serted

8

201

Do.

Do.

9

202

10

203

Re-drafted to make it compulsory to

erect hoarding during the de- molition or erection of a build- ing

11

208

12

96

13

97

44

Schedule B added to the mar-

ginal note

14

98

the City of Victoria and Kow- loon have been substituted for an urban district

15

99

16

100

for

"composed of good cement..

or other suitable material omitted

thirty five

""

substituted

"forty and for ventila- tion omitted and or where the walls are constructed in good cement mortar" inserted in proviso (1)

17

101

practicable

substituted for

possible

18

101A

66

eighty substituted for seventy six" and "not exceeding nine feet" inserted

19 (2)

102 (2)

thirty five

*

substituted

for

66

thirty

J

19 (3)

102 (3)

20

103

not exceeding twelve feet

in height inserted

""

21

103A

290

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

1935.

Ordinance No. 1 of 1903.

"Re-drafted to apply to all build- ings and to provide for a ver- tical damp-proof course who.e necessary

Last paragraph deleted

Re-drafted giving more detail of con- struction and excluding retain- ing walls built of lime concrete or in lime mortar

2 23

22

104

105

66

within an urban district omitted 25

""

225

24

221

220

46

unless exempted by the Building Authority and and every

26

106

two

parapet wall

inserted

one half substituted for

""

thirds and unless in the

opinion

ed" inserted

may be allow-

27

107

.......

outside the European Reservation

or the Hill District omitted...

"

28

108

domestic

and which is not

within

the Hill District

66

omitted and not less than inserted

29

109

Re-drafted and curtailed

30

110

Re-drafted and the thickness of lime

concrete reduced from six to four inches and the thickness of cement concrete increased from three to four inches

31

111

Re-drafted to include bath-room

32

112

33

113

34

114

Last sentence added

1005

35

115

36

117

37

119

outside the European Reservation or the Hill District omitted and size of skirting reduced....

"

eleven

""

substituted for "twelve"

and ten " substituted for

888

38

120

66

eleven and the permissible height of bathrooms and latrines from nine to eight feet.

39

116 (1)

Deleted and included in definition

of "Storey

116 (2)

291

M

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

1935.

Ordinance No. 1 of 1903.

Deleted and included in definition of

""

Storey "

40 (1) (a)

116A (1) (a)

"

(b)

(2)

(2)

Deleted

(3)

66

nine feet six inches" substituted

66

""

for ten feet

(3)

(4)

(4)

(5)

eight" substituted for seven

and a half

(5)

(6)

Deleted and included in definition

of "Storey

(7)

41

116B (1)

Re-drafted to preclude cooklofts from being erected on a top storey or in any room used for sleeping purposes

42 (1)

118 (1)

mezzanine floor

omitted

(2)

(2)

Do.

(3)

(3)

Do.

(4)

(4)

Added

(5)

Added

(6)

Re-drafted and the treads and risers altered from 8" and 8" to 9" and 7" respectively; a minimum width of staircase is now given

43

121

Added

44

Re-drafted and the height of forty feet reduced to thirty five feet...

45

149

"outside the European Reservation.

or the Hill District omitted...

46

122

47

123

48

124

49

125

50

126

51

127

52

132

party or external omitted

53

128

292

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

Added

Re-drafted

giving the Building

Authority discretionary power and controlling the height above the footpath of projecting win- dows, etc.

54

129

55

56

131

Last sentence omitted

57

133

any street whether public or pri-

vate or into added

58

134

"and subject to

impose

added

(1)

(1)

58 (2)

134 (2)

(3)

(3)

(4)

(4)

59

135

"verandah or added

and on'e

and a quarter times

omitted.

60

136

Added

61

Deleted

137

Deleted

138

Added to take the place of defini-

tion (60)

""

("or maintained and except

62

within

District') omit-

ted, and ("except by

height") added

63

139

"sixty

and

"

substituted for fifty

"

"

on an' upper floor

46

omitted

outside the

64

140

District

omitted

108 588

65

141

66

142

67

143

68

144

69

145

and every chimney

in

cement mortar

added

20

70

146

71

147

72

148

2

293

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

Re-drafted to make it clear that the

window in rear is intended to! light the main building and to have the windows extending as far as practicable to the ceiling

thirty

five

forty,

66

substituted for

glazed" omitted

and clear of any obstruction to the light" and and ven-

133

73

150

tilated

added

74 (1)

151 (1)

thirty five

forty

"

substituted for

"

(2)

(2)

Deleted

(3)

Re-drafted to conform to Section 87

75

152

Added

Re-drafted to ensure that all rooms

in a domestic building are pro vided with a window opening into the external air

to..

"existing" omitted from marginal

76

2

77 (Sanitation Bill 33.)

153 (1)

note

44

or fitting" and " or by any merchandise omitted

""

78

155

(Sanitation

Bill 35.)

Deleted

175

"within an urban district omitted

88888

79

176

80

177

81

178

Re-drafted to include every new domestic building whether on land leased before or after 1903.

The width of the side land has been increased from four to five feet and an open space eight feet wide is now required in the

rear

82 (1)

179 (1)

(2)

(a)

"

>>

ten substituted for "eleven

""

and fourth substituted for

""

third

(3)

(b)

(4)

(c)

Deleted

(d)

294-

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of 1903.

The height of the boundary walls. has been reduced from ten to eight feet

(5)

(e)

(6)

(£)

Re-drafted so that every building

will be required to provide an area five feet wide in rear for a scavenging lane

(7)

(g)

Re-drafted to exclude any portion

of a street being included as open space

(8)

(2)

Added

(9)

Added

(10)

Deleted

180

Added

83

Added

84

85

180 (5)

Added

86

(Sanitation Bill

15 and Scavenging

By-law 5.)

"

፡፡

quarter

substituted for

half

87 (1)

188 (1)

Do.

(2)

(2)

quarter

substituted for

half

and the proviso omitted

(3)

(3)

Added

87 (4)

(5)

188 (4)

(6)

(5)

Re-drafted to make

to make all buildings over three storeys in height fireproof; omit maximum height for non-domestic building and increasing the permissible height of domestic buildings from four to five storeys; omit the defini- tion of "storey

(7):

(6)

"to a distance not exceeding twice

the width of such

narrower

street" substituted for to a distance of fifty feet

""

(8)

(6) (a)

(9)

(6) (b)

Deleted

(6) (c)

295

Table of Correspondence,--Continued.

Remarks.

Re-drafted and the angle within which the height of a building must be kept has been increased from 30 degrees to 68 degrees in the case of building erected on old lots and to 631 degrees in the case of buildings erected on new lots

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

88 (1)

189 (1)

Added

Added

Added

Added

(1) (a)

(1) (b)

(1) (c)

(1) (d)

(2)

(2)

Added

(3)

(4)

(3)

Added

(5)

construction and added

""

89

182

"throughout added

""

90

183

91

184

"upon which domestic buildings

abut" omitted........

92 (1) (Sanitation

Bill 90.)

(2)

185 (1)

(2)

Added

in s.s. (1). s.s. (3), see No. 1 of 1845 s. 30A.

Re-drafted to make it clear that the

owner of a private street is re- sponsible for its maintenance. The last paragraph has been added to ensure recovery of the cost of any work carried out by Government in a private street.

(3)

93 (1) (Sanitation Bill, Scavenging By-law 10.)

186

the

"and such latrine

building" omitted and "and no

latrine added

with a street

Added

Thickness of rendering added

Last sentence omitted

"pail" added

2 3 8 5

94

156

95

96

157

97

158

98

159

(Sanitation

Bill 40)

296

Table of Correspondence,-Continued.

Buildings

Remarks.

Ordinance, 1935.

Ordinance No. 1 of

1903.

Amalgamated and re-drafted to in- Iclude every domestic building and every floor of a domestic buliding hereafter erected

99

160

100

163 & 164

(Sanitation Bill 62)

101

189A

within an urban district omitted

"

102

190

103

191

104

192

105

193

106

194

107

195

Deleted

196

Deleted

197

108

198

109

199

110

216

111

217

112

218

113

219

Re-drafted to cover wells for flush-

ing purposes only

114

213

(Sanitation Bill 29)

Title amended and section re-drafted

to regulate the height of any building in which timber is stored and the height of any stack of timber and to prevent the formation of timber stacks into rooms

according to the form contained in

schedule K" inserted

115

212

116 (1)

204

(2)

Added

(3)

proviso

117

205

46

or otherwise made safe inserted

118

206

119 (1)

207 (1)

297

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

119 (2)

207 (2)

Added

(3)

120

207A

46

structure

ing

substituted for "build-

121

209

Last paragraph added

122

210

7

sand, clay added; or earth

<

deleted penultimate paragraph added. See No. 1 of 1845 s. 30A

123

121

or his duly authorized agent in'-

serted

"duly authorized agent

66

substitut-

ed for representative "

46

any

works whatsoever sub- stituted for works of a public

nature

"?

defective materials or inserted

46

may at his discretion

ed for

shall "

124 (1)

227 (1)

(2)

(2)

125

228

126 (1) 5

229 (1) 5

substitut-

127

230

(Sanitation

Bill 28)

128

231

129

232

130

233

131

234

132

(Sanitation

Bill 76)

235

133

236

134

237

135

238

136

239

137

240

138

241

139

242

140

243

141

244

298

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

142

245

143

246

144

247

145

248

146

249

147

250

Reference to Board omitted

148

251

........

(Sanitation

Bill 91)

149

252

(Sanitation

Bill 92)

150

253

(Sanitation

Bill 93)

151

254

(Sanitation

Bill 94)

152

255

(Sanitation Bill 77)

occupier and tenant "inserted and

44

"

"five" substituted for two

153

257

(Sanitation Bill 79)

}

"two thousand substituted for

two hundred

154

258

(Sanitation Bill 80)

Penalty increased to $500

155

259

(Sanitation

Bill 81)

or firm

partner

and

director or any inserted....

156

261

(Sanitation

Bill 82)

157

262

(Sanitation Bill 83)

"

"

"mezzanine floor and cubicle

omitted and deputed by the Building Authority" substitut- ed for **

of the Department

158

(Sanitation Bill 38)

264

299

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

159

204A

(Sanitation Bill 14)

or the Board omitted

160

264B

Reference to the Board omitted

161

265

(Sanitation-

Bill 84)

162

265A

(Sanitation

Bill 85)

163.

265B

(Sanitation

Bill 86)

164

265c

(Sanitation

Bill 95)

165

205D

(Sanitation

Bill 96)

166

Cf. Sanitation Bill 99

167 (1)

266

(2)

267 (1)

(1)

"

the City of Victoria or Kowloon

substituted for an urban dis- trict

(3)

'(2) ́

168

268A

Reference to the Board omitted

169

269

(Sanitation

Bill 97)

Reference to the Board omitted

170

·270

(Sanitation Bill 98)

171

271

Amends No. 13 of 1914

172

Amends No. 1 of 1903

173

Re-drafted to ensure supervision by

an authorised architect

Schedule A.

Schedule K

See G.N. 660 of 23.11.1931

Schedule B.

New

Schedule C..

New

Schedule D.

300

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

(2) amplified in respect of advertise-

ments

Schedule E.

Schedule E

44

or lowered " and or lower add-

ed in (5)

66

"

Schedule F.

Schedule F.

(1) "ten feet" for "seven feet nine

Schedule G.

Schedule G.

inches

(2)

"eleven for twelve

"

(3) eleven for twelve

(4) ten for eleven

(7) and (8) "urban district" omit-

ted

Re-drafted to permit of use of re-

inforced concrete, etc.

(10) re-drafted

(12) and (13) omitted

See G.N. 349 of 22.11.1912

Schedule H.

(1) and (2) new

Schedule J.

Schedule M.

(3) proviso re-drafted

(8) Last clause re-drafted to ensure proper channels and junctions

in manholes

(10) Cement concrete substituted for

lime concrete

66

(18) not less than inserted

(24) as required by the Building

Authority added

(25) "if required by the Building

Authority" added

(27)

yarn and red lead ed for cement

""

"

""

substitut-

Stone ware pipes omitted

(31) Fee on giving notice of con- struction of drainage works in- creased from $10 to $20

(40) "unless exempted by the Build-

ing Authority" inserted

(44) Redrafted for clarity

301

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of 1903.

(46) not more than (unless exempted by the Building Authority)" substituted for "at

least."

(1) structures

"' for

for "buildings

(4)

electric cable added

"

(9) "either

temporary or per-

manent omitted

(10) Re-drafted.

፡፡

66

(11) cutting for hillside or

bank of earth"

(14) Re-drafted

Schedule L.

Schedule H.

(1) and (2)" sand, clay" added.

Schedule M.

Schedule J.

(5), (11) and (12) New-see G.N.

554 of 1934

Schedule N.

Schedule L.

Short title.

Interpreta- tion.

302

A BILL

INTITULED

An Ordinance to further and protect the activities in Hong Kong of the St. John Ambulance Association and the St. John Ambulance Brigade Overseas and to incorporate the Director for the time being of the Ambulance Depart- ment of the Order of St. John in Hong Kong and the Treasurer and Secretary for the time being of the Hong Kong Branch of the St. John Ambulance Association as Custodian Trustees.

WHEREAS the St. John Ambulance Association is a foundation of an Order formerly designated the Grand Priory of the Order of the Hospital of St. John of Jerusalem in England, which was duly incorporated by a Charter granted on the 14th day of May, 1888 by Her late Majesty Queen Victoria, and now designated the Grand Priory in the British Realm of the Venerable Order of the Hospital of St. John of Jerusalem by virtue of a Charter granted on the 12th day of June, 1926, by His Majesty King George V.

AND WHEREAS the Order has since its incorporation formed the St. John Ambulance Brigade from certified pupils of the St. John Ambulance Association and divided it into portions, that is to say, the St. John Ambulance Brigade, which carries out its work within the United Kingdom of Great Britain and Ireland, and the St. John Ambulance Brigade Overseas, which carries out its work in the British Empire overseas, and has placed each portion under the command of an officer who is responsible to the Director of the Ambul- ance Department of the Order AND WHEREAS in the vear 1884 a branch of the said St. John Ambulance Associa- tion was established in the Colony of Hong Kong and is known as the Hong Kong Branch of the St. John Ambulance Associa- tion and is governed by a General Committee known as the Hong Kong General Committee of the St. John Ambulance Association AND WHEREAS in the year 1916 a District of the said St. John Ambulance Brigade Overseas was establish- ed in the Colony of Hong Kong and is now known as The Hong Kong District of the St. John Ambulance Brigade Over- seas and is carried on under the general regulations of the St. John Ambulance Brigade Overseas.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof as follows:-

1. This Ordinance may he cited Ambulance Ordinance, 1935.

2. In this Ordinance :-

as the St. John

(a) "The Order" means the Grand Priory in the British Realm of the Venerable Order of the Hospital of St. John of Jerusalem.

303-

(b) The Association" means the Hong Kong Branch of the St. John Ambulance Association.

(c) "The Brigade" means the Hong Kong District of the St. John Ambulance Brigade Overseas.

3. No person, other than the Association or the Brigade, Distribution shall distribute or sell or expose for sale:--

(a) any badge, token or emblem specifically adopted for

use of the Association or the Brigade.

(b) any badge, token or emblem containing the words "St John Ambulance Association" or "St. John Ambulance Brigade" or any similar token or emblem

of Badges.

4. No person shall, except with the authority of the Unauthorised Order, Association or Brigade or with other lawful authority possession or lawful excuse, have in his possession:

(a) any badge, token or emblem specifically adopted by the Order, Association or Brigade for the use by members thereof, or

(b) any badge, token or emblem containing the words "St. John Ambulance Association" or "St. John Ambulance Brigade".

of Badges.

5. No person shall without lawful authority or excuse Possession of have in his possession:-

(a) any device which so closely resembles any badge, token or emblem specifically adopted by the Order, Associa tion or Brigade for use by members thereof as to lead to the belief that the device in question is such badge, token or emblem, or

(b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any member of the Order. Association or Brigade as to be calculated to deceive or mislead.

Unauthorised Badges.

authority.

6. No member of the Order, Association or Brigade shall, Wrongful by virtue of his wearing, carrying or bearing any badge, token exercise of or emblem of the Order, Association or Brigade or otherwise, attempt to enforce or exercise authority otherwise than in accordance with the Regulations of the Order and its Departments.

7.--(1) No person shall form, or work in connection with Unauthorised or be a member of, any organisation which, without authority Bodies. from the Order, claims or purports to be the St. John Ambulance Association or the St John Ambulance Brigade Overseas or any organisation, other than the Association or the Brigade, which uses the title the St. John Ambulance Association or the St. John Ambulance Brigade or the equivalent Chinese titles therefor or any title in any language, with or without additional words or characters, which so closely resemble the St. John Ambulance Association or the St. John Ambulance Brigade as to be calculated to deceive or mislead, or any organisation which, by the use of any such titles or otherwise, without due authority, purports or claims to be connected with the Order, the Association or the Brigade.

Penalty.

Incorpora- tion.

304

(2) No person shall, without the consent of the Governor- in-Council, form. or work in connection with, or be a member of any organisation other than the Association or the Brigade, which carries on or is intended to carry on any work of a similar nature to that carried on by the Association or the Brigade.

8. Every person who contravenes any of the provisions of this Ordinance shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

9.-(1) The Director for the time being of the Ambulance Department of the Order in Hong Kong and the Treasurer and Secretary for the time being of the Hong Kong Branch of the St. John Ambulance Association as the Executive Officers of the Association are hereby incorporated under the name of The Executive Officers of the Hong Kong Branch of the St. John Ambulance Association" (hereinafter called "the Cor- poration') and in that name shall have perpetual succession and shall and may sue and be sued in all Courts in the Colony and shall and may have and use a Common Seal.

[

(2) The purposes of the Corporation shall be to hold all property both real and personal belonging to the Association and Brigade in Hong Kong.

(3) Any real or chattel real property now vested in the Association and Brigade in Hong Kong shall forthwith vest in the Corporation by virtue of this Ordinance.

(4) All stocks shares securities and things in action and all vessels goods and chattels now vested in the Association and Brigade in Hong Kong or in any other person or corporation for the purposes of the Association or Brigade in Hong Kong shall forthwith be transferred to the Corporation,

(5) All real or chattel real property which may hereafter be acquired by the Association or Brigade in Hong Kong shall be vested in the Corporation.

(6) The disposition and management of the property of the Association and Brigade in Hong Kong and the exercise of any powers or discretions with respect thereto shall be vested in the Hong Kong General Committee of the St. John Ambul- ance Association (hereinafter called "the General Com- mittee').

(7) As between the Corporation and the General Com- mittee and subject and without prejudice to the rights of other persons the Corporation shall have the custody of all securities. and documents of Title relating to the property of the Associa- tion and Brigade in Hong Kong but the General Committee shall have free access thereto and be entitled to take copies thereof or extracts therefrom.

(8) The Corporation shall do and perform or concur in doing and performing all acts necessary to enable the General Committee to exercise their powers of disposition and manage- ment or any other powers or discretion vested in them.

(9) When any disposition by the Corporation is expressed to be made by the authority or direction of the General Com- mittee the title of a Purchaser shall not be impeachable on the ground that no such authority or direction had in fact been

2

+

305

given or that any authority or direction was improperly carried out and a purchaser shall not either before or on conveyance be concerned to make any enquiry as to the authority of the Corporation to make the disposition.

(10) All sums payable to or out of the income or capital of the property of the Association and Brigade in Hong Kong shall be paid to or by the Corporation: Provided that the Corporation may allow all rents profits and income derived from such property to be paid to or by the direction of the General Committee or into such Bank to the credit of such person as the General Committee shall direct and in such case shall be exonerated from seeing to the application thereof and shall not be answerable for any loss or misapplication thereof.

property

10. Notwithstanding anything herein contained the Immovable Association and Brigade in Hong Kong shall not acquire any shall not immoveable property in the Colony unless the consent of the be acquired Governor-in-Council shall have been previously obtained.

without the consent of the Governor- in-Council.

of Deeds.

11. All deeds and other instruments requiring the seal Execution of the corporation shall be sealed in the presence of and shall be signed by the Director for the time being and the Treasurer and Secretary for the time being and all instruments requiring the signature of the Corporation shall be signed by such Director, Treasurer and Secretary.

12. Nothing in this Ordinance shall affect or be deemed Saving of to affect the rights of His Majesty the King, His Heirs or the Crown

                              rights of Successors, or the rights of any body politic or corporate or and for of any other person except such as are mentioned in this other rights. Ordinance and those claiming by, from or under them.

certain

Objects and Reasons.

This Bill follows the form usual in incorporation Ordin ances of this nature, particularly that of the Boy Scouts Association Ordinance, No. 22 of 1927.

Short title.

Interpreta. tion.

Ordinance No. 7 of 1923.

Incorpora- tion.

Purposes.

General Committee.

306

A BILL

INTITULED

[No. 45-1.11.34.-1.]

An Ordinance to provide for the Incorporation of the Cheero

Club of Hong Kong.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof as follows:-

1. This Ordinance may be cited as the Cheero Club In- corporation Ordinance, 1935.

2. In this Ordinance :-

(a) "The General Committee " means the General Com- mittee from time to time appointed pursuant to Section 5 of this Ordinance.

,,

(b) The Ladies' Advisory Committee means the Ladies' Committee for the time being appointed pursuant to Section 6 of this Ordinance.

(c) "The Young Men's Christian Association of Hong Kong means the Young Men's Christian Association as incorporated by the Young Men's Christian Association Ordi- nance, 1923.

3. The General Committee for the time being shall be a body corporate under the name of "The Cheero Club Hong Kong" (hereinafter referred to as "the Corporation") and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal.

4. The purpose of the Corporation shall be to promote and carry out in the Colony of Hong Kong the following objects :-

(a) To maintain and carry on the Cheero Club Hong Kong.

(b) To provide facilities for the entertainment and re- creation of His Majesty's Forces in the Colony of Hong Kong.

(c) To provide the said facilities under the aegis of the Young Men's Christian Association of Hong Kong.

5. The first General Committee shall be Sir William Shenton and Messrs. Philip Stanley Cassidy and Alexander Somerled Mackichan, representing the Young Men's Christian Association of Hong Kong, and Mr. Frederick Charles Hall, the Reverend Lewis Bryan and Mr. George Gwinnett Noble Tinson representing the Subscribers to the Cheero Club Fund, together with the Chairman for the time being of the Ladies' Advisory Committee.

+

307

The first Chairman of the General Committee shall be Mr. Frederick Charles Hall, and thereafter the Chairman for the time being shall be appointed by the General Committee.

On the resignation, death, or other determination of the membership of any member of the General Committee, other than the Chairman for the time being of the Ladies' Advisory Committee, the General Committee shall appoint a successor, and in making such appointment the General Committee shall, unless there is good reason to the contrary, maintain on the General Committee three nominees of the Board of Directors of the Young Men's Christian Association of Hong Kong and three representatives of the subscribers to the Cheero Club Fund.

Committee.

6. The Ladies' Advisory Committee shall consist of not Ladies less than six or more than twelve members. The first mem- Advisory bers of the Ladies' Advisory Committee shall be Mrs. Edith Lewis, Mrs. Eileen Bellamy, Mrs. Esme Henderson, Mrs. Ethel Tinson, Mrs. Nancy Fitzgerald, Mrs. Gladys Baskett, Mrs. Margery Bowes-Smith, Mrs. Helen Drummond and Mrs. Hildred Shellshear.

The Chairman of the Ladies' Advisory Committee shall be appointed by the Ladies' Advisory Committee.

On the resignation, death, or other determination of the membership of any member of the Ladies' Advisory Com- mittee any vacancy so caused shall, if the General Committee think fit, be filled by the General Committee on the recom- mendation of the Ladies' Advisory Committee.

7. The General Committee shall from time to time Delegation delegate to the Ladies' Advisory Committee such powers as

of powers to Ladies' the General Committee shall consider expedient, in order, Advisory subject to the directions of the General Committee, to vest in the Ladies' Advisory Committee the control and manage- ment of the Cheero Club.

Committee.

8. The General Committee shall have full power to make Power to regulations and by-laws:-

(a) For the control and management of any premises owned or occupied by the Corporation, and in regard to all matters incidental to the conduct of such premises.

(b) For the internal management, subject to the advice. of the Ladies' Advisory Committee, of the Cheero Club.

make re- gulations, etc.

hold and

9.-(1) Subject to the provisions of sub-section (2), the Power to Corporation shall have power to acquire, accept leases acquire, of, purchase, take, hold and enjoy any lands, buildings, sell property. messuages or tenements of what nature or kind soever and wheresoever situated, and also to invest moneys upon mort- gage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever.

(2) Notwithstanding the provisions of sub-section (1), the Corporation shall not acquire any immovable property in the Colony unless it shall have previously obtained the special consent of the Governor-in-Council in each case.

Sealing of deeds, etc.

Saving of rights of

the Crown

308

(3) The Corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, ex- change, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, mes- suages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the Corporation, upon such terms as to the Corporation may seem fit.

10. All deeds and other instruments requiring the seal of the Corporation shall be sealed in the presence of and shall be signed by two members of the General Committee for the time being and the Secretary for the time being and all instruments requiring the signature of the Corporation shall be signed by such committeemen and Secretary.

11. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, His Heirs or Successors, or the rights of any body politic or corporate or certain other of any other person except such as are mentioned in this

Ordinance and those claiming by, from or under them.

and of

persons.

Objects and Reasons.

1. As a result of the increase in the number of His Majesty's Naval and Military Forces in Hong Kong in 1927 the Young Men's Christian Association of Hong Kong was requested by The English National Council of the Young Men's Christian Association to provide additional facilities for the entertainment and recreation of His Majesty's Forces in the Colony of Hong Kong.

2. As a result of such request the Young Men's Christian Association of Hong Kong with the help of a Committee of local ladies issued an appeal for funds with the result that premises were obtained for the purpose of providing recrea- tional facilities for His Majesty's Forces.

3. The original Committee consisted of Directors of the Young Men's Christian Association and later were added members representing the General Public of Hong Kong and the Chairman of the Ladies' Advisory Committee.

4. The premises first obtained were at the corner of Queen's Building in the premises formerly occupied by the Banque Franco Chinoise. Later the City Hall Committee granted accommodation in the City Hall and from that date until the City Hall was condemned as unsafe, facilities for dancing, writing, whist drives and other amusements were carried on under the name of the Cheero Club and proved of the greatest service in providing recreation of the above description for members of His Majesty's Forces.

5. On the closing of the City Hall the Club fell into abeyance for lack of accommodation and in the Autumn of 1933 an appeal was made for sufficient funds to enable new premises to be erected to carry on the work so successfully inaugurated by the Old Cheero Club under the Auspices of the Young Men's Christian Association.

+

309

6. The appeal was successful in raising over $41,000 which was sufficient to pay for the erection and furnishing of a building on a site which had been granted by Government at the corner of Murray Parade Ground which had been handed back to Government by the Secretary of State for War on the understanding that it was to be used for the benefit of men of His Majesty's Forces and such land is now vested in the Young Men's Christian Association.

7. As a result of meetings between representatives of the Young Men's Christian Association and of Subscribers to the fund and members of the Old Ladies' Advisory Com- mittee it was decided that the premises should be used by the Cheero Club and that it was for the benefit of that Club that the Club should be incorporated under an Ordinance so as to give it perpetual succession.

8. This Bill follows the lines of other Incorporation Ordinances of the same kind.

310

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 8.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America,

including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April,

1924.

30th April, 1926.

Hawaiian Is-

lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

11th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, TAI Po.

No. S. 9.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 23rd day of January, 1935.

The Lots are let for the term of one year from the 1st day of July, 1934 as Agri- cultural Lots.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents in Acre.

Annual

Upset

Crown

Price.

Rent.

No.

D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

$

$

1

180

861

Tai Wai, Sha Tin.

As per plan deposited in the District Office, North.

·18 acre.

Nil.

1.10

2

862

""

""

""

*06

.40

11th January, 1935.

T. MEGARRY,

District Officer, North.

*

311

1

DISTRICT OFFICE, TAI PO.

No. S 10. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 23rd day of January, 1935.

The Quarry is let for the term of one year from the day of auction for the purposes of obtaining clay subject to the Special Conditions hereunder specified.

Registry No.

PARTICULARS OF THE LOT.

Boundary Measurements.

Locality.

Contents in Acres.

Annual

Price.

Upset Crown

Rent,

No.

Lot.

N.

S.

E.

W.

Un- surveyed hillside

feet. feet. feet.

feet.

$

$

€A

Quarry No. 1.

Nai Wan, Kau Sai Island.

As per plan deposited in the District Office, North.

3 acres.

Nil.

150

SPECIAL CONDITIONS.

(a) The lease to be for a period of one year from the day of auction, but subject to cancellation at any time on three months' notice being given without compensation but a refund of a proportionate part of the fee will be made.

(b) Fee payable annually in advance.

(c) The lessee shall work the clay in a proper and efficient manner and with due regard to the prevention of landslips and to the safety of the workmen : a certificate under the hand of the District Officer, North that there has been a breach of this condi- tion shall be conclusive evidence in that behalf.

(d) The lessee to fill in any holes in the area to such levels as the District Officer, North may require and to his satisfaction.

(e) The lessee will not be allowed to sublet the whole or any portion of the area without permission first having been obtained from the District Officer, North.

(f) The lessee to make all arrangements as regards the removal of clay from the Any damage done to privately owned properties must be reinstated by the lessee at his own expense.

area.

(g) All damage and compensation in respect of loss of life or injury to any in- dividual or damage to property in respect of the area or the working thereof during the subsistence of this lease shall be borne and paid by the lessee.

(h) The lessee to make good any loss or destruction of or damage to any trees, shrubs, or undergrowth on Crown Land within a distance of 500 yards from any part of the area held under this lease, occurring while such area is held, unless he can prove to the satisfaction of the District Officer, North that such loss, destruction or damage has not occurred through the act, neglect, or default of any person employed by him or any person making use of such area, the amount of such loss, destruction or damage to be assessed by the Superintendent of the Botanical Department.

  (i) Lessee will be allowed to erect such temporary structures as may be considered necessary for the working of the area. Such structures to be subject to removal at any time on one month's notice or expiry or cancellation of lease. The structures must be to the approval and satisfaction of the District Officer, North.

312

   (3) Lessee will be given permission to erect and maintain a temporary pier or jetty if in the opinion of the Director of Public Works such pier or jetty be reasonably neces- sary for the purpose of shipping clay from the area into junks or boats; the site and dimensions of such temporary pier or jetty shall be subject in all respects to the approval of the Director of Public Works who may at any time direct the removal of such tem- porary pier or jetty to any other place the expense of such removal to be borne by the lessee.

(k) In the event of the fee being three weeks in arrears the lease will be cancelled and the security or portion thereof estreated

11th January, 1935.

T. MEGARRY, District Officer, North.

DISTRICT Office, Tai Po.

No. S. 11.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a m., on Wednesday, the 23rd day of January, 1935.

   The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial No. 1 as a Building Lot and Serial Nos. 2 to 5 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial No. 1 is further subject to Special Condition No. 2 (a). Serial Nos. 2 to 5 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Govern- ment Notification. Serial No. 5 is further subject to Special Condition hereunder specified.

The amount to be spent on the building lot in rateable improvements under the General Condition No. 5 is $500.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

N.

S.

W.

Contents in Acres, or Price. Square feet.

Annual

Upset Crown

Rent.

fect.

feet. feet. feet.

$

#

1

51

4692

Wo Hop Shek.

As per plan deposited in the District Office, North.

840 sq. ft.

1.00

2

6

1225

Pan Chung.

•10 acre

22

.10

""

3

22

918

Wun Iu.

*13

15

$20

"1

4

84

1249

Shan Kai Wat.

*01

2

.10

"1

""

5

185

354

Pai Tau.

*28

61

.30

""

SPECIAL CONDITION TO SERIAL No. 5.

  The Purchaser shall pay the sum of $12 to the licencees of F. L. No. 330 as compen- sation for 60 fir trees on the Lot.

11th January, 1935.

T. MEGARRY, District Officer, North.

312

   (3) Lessee will be given permission to erect and maintain a temporary pier or jetty if in the opinion of the Director of Public Works such pier or jetty be reasonably neces- sary for the purpose of shipping clay from the area into junks or boats; the site and dimensions of such temporary pier or jetty shall be subject in all respects to the approval of the Director of Public Works who may at any time direct the removal of such tem- porary pier or jetty to any other place the expense of such removal to be borne by the lessee.

(k) In the event of the fee being three weeks in arrears the lease will be cancelled and the security or portion thereof estreated

11th January, 1935.

T. MEGARRY, District Officer, North.

DISTRICT Office, Tai Po.

No. S. 11.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a m., on Wednesday, the 23rd day of January, 1935.

   The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial No. 1 as a Building Lot and Serial Nos. 2 to 5 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial No. 1 is further subject to Special Condition No. 2 (a). Serial Nos. 2 to 5 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Govern- ment Notification. Serial No. 5 is further subject to Special Condition hereunder specified.

The amount to be spent on the building lot in rateable improvements under the General Condition No. 5 is $500.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

N.

S.

W.

Contents in Acres, or Price. Square feet.

Annual

Upset Crown

Rent.

fect.

feet. feet. feet.

$

#

1

51

4692

Wo Hop Shek.

As per plan deposited in the District Office, North.

840 sq. ft.

1.00

2

6

1225

Pan Chung.

•10 acre

22

.10

""

3

22

918

Wun Iu.

*13

15

$20

"1

4

84

1249

Shan Kai Wat.

*01

2

.10

"1

""

5

185

354

Pai Tau.

*28

61

.30

""

SPECIAL CONDITION TO SERIAL No. 5.

  The Purchaser shall pay the sum of $12 to the licencees of F. L. No. 330 as compen- sation for 60 fir trees on the Lot.

11th January, 1935.

T. MEGARRY, District Officer, North.

313

DISTRICT OFFICE, TAI Po.

  No. S. 12. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 24th day of January, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Building Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and are further subject to Special Condition No. 2 (a) in the above Government Notification.

The amounts to be spent on the building lot in rateable improvements under the General Condition No. 5 are $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in

Annual

Upset

Crown

No. D. D. Lot.

Square Feet.

Price.

Rent.

N.

8.

E.

W.

feet.

feet. feet. feet.

$ $

1 104

4214

Ngau Tam Mi.

As per plan deposited in the District Office, North.

780 sq. ft.

16

2.00

432

9

1,00

""

2

114

1674

Sheung Tsun.

""

ون

3

125

2126

Ha Tsun.

330

"

11th January, 1935.

7

1.00

T. MEGARRY,

District Oficer, North.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 13.--Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1934.

Language

in

Name of

Place of

Name or

Firm of

Date of

Number

of

Title of Book.

which it is

Author,

Translator,

Printing

Issue

Number

Printer and

Subject.

and

from

Name or

Sheets,

Leaves,

Size.

of

Number of Copies of which the

Whether

Printed

Name and

Price at

Residence of the

which the

or

Book is

written.

or

Editor.

Place of

Publication.

the

Edition.

Firm of

Publisher.

or

Edition

consists.

Press.

Pages.

Litho-

graphed.

sold to the

Public.

Portion of such Copyright.

Proprietor of the Copyright or any

No. 26.-New Century Text- books, Chinese History (1-4).

Chinese.

Tang Chi

Ching.

History.

56,

Lyndhurst

Terrace.

The Eastern

1.7.34.

Book Co.

60

leaves

51" x 7"

First.

5,000

Printed.

40

cents.

in 4

books.

新世紀初小歷史教科書 (一至四)

No. 27.-The Gold and Silver Exchange Tables.

Do.

Kwan Chak

Chuen.

金銀滙水捷徑

Short way to calculate

gold and

silver

exchange.

18, Tai Ping| Shan Street.

Yik Tung

Yan

Printing Co.

1.9.34.

213

leaves.

6" x 4" Do.

1,000

Do.

No. 28.-China Coast Tide

English.

Guage.

Capt.

Andrew

Watson.

Navigation.

1 & 3,

Wyndham

Street.

S. C. M. P., 1.11.34. Ltd.

leaves.

81" X

113"

Do.

100

Do.

Tang Chi

Ching,

56, Lyndhurst

Terrace.

$2.00 Ho Lung Yan,

Chan Ka

Cheong, Kwan Chak Chuen, 8, Tai On

Terrace, 1st fl.

$4.00 Capt. Andrew

Watson,

c/o China Navigation Co., Ltd. Messrs Butterfield

& Swire.

<

314

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1934,-Continued.

Language

in

Title of Book.

Name of

Author,

Translator,

which it is

Subject.

Place of

Printing

and

Name or

Firm of

Date of

Number

of

Whether

Number of

Price at

Issue

Printer and

from

Name or

or

written.

Editor.

Place of

Publication.

the

Sheets,

Leaves,

Number Copies of Printed

which the

Size.

of

Edition.

which the

or

Edition

Firm of

or

consists.

Press.

Litho-

graphed.

Book is sold to the

Public.

Name and Residence of the Proprietor of the Copyright or any

Portion of such Copyright.

Publisher.

Pages.

12

No. 29.-The Importance of Truth.

Chinese.

Editor

B.J. Tan.

Religion.

56,

Wellington

Street.

Pr.:-Fook 10.11.34 pages. Hing & Co.

4" x 5" First

10,000

Printed. 2 cents.

B. J. Tan,

95A, High

Street.

Pub :-

眞理撮要

Christian

Mission to

Chinese

Seamen.

No. 30.-St. John Bosco.

Do.

聖約翰鮑斯高

Fr. V.

Bernardini

S. C.

Life and

work of

179,

Third Street, West Point.

Don Bosco.

St. Louis

Industrial

School.

17.11.34

30 9"x7" Do. pages.

1,000

Do.

Free.

Biography.

Fr. V.

Bernardini S. C.,

St. Louis

Industrial

School.

315

No. 31. Primary Copy Books (1-2).

Do.

Tang Kim

Hing.

Copy book.

1, Alveston

Terrace.

Chan U 15.11.34 Sang.

40 54"x72" Third. 5,000 pages.

Do.

each.

10

cents

each.

Chan U Sang,

1, Alveston

Terrace.

初等新字帖(一至二)

4th January, 1935.

R. R. TODD,

p. Secretary for Chinese Affairs

316

GOVERNMENT LABORATORY.

  No. S. 14.-Return of samples examined under 'The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 31st December, 1934.

Description.

Number of Samples.

Number found genuine.

Number found adulterated.

Bread

3

3

Butter

6

6

Cheese..

3

3

Flour

11

10

Ghee

3

2

Lard

I

1

Milk, fresh

18

17

Peanut Oil

3

3

Purico

1

1

Sugar

1

1

COONHOLOO☺

0

0

0

1

1

0

1

0

¿

0

2nd January, 1935.

50

47

A. JACKSON,

2

Government Analyet.

GOVERNMENT LABORATORY.

No. S. 15.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the year ended 31st December, 1934:-

Description.

Number of samples.

Number found genuine.

Number found

adulterated.

Bread

7

7

0

Butter

7

7

0

Cheese

3

3

0

Flour

12

11

1

Ghee

15

11

4

(Vegetable)

1

1

0

Lard..

2

2

0

Milk, fresh

84

76

8

Condensed.

 Purico Peanut Oil Sugar

2231

2

2

0

3

0

1

2nd January, 1935.

139

126

13

A. JACKSON,

Government Analyst.

j

A

317

PUBLIC WORKS DEPARTMENT,

No. S. 16. It is hereby notified that sealed tenders in, triplicate which should be clearly marked Tender for langar at Kai Tak", will be received at the Colonial Secretary's Office until Noon of Monday, the 28th day of January, 1935, for the erection of a Hangar for Civil Aviation, together with the construction of annexes, roads, drainage works, etc.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th January, 1935.

R. M. HENDEerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 17.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the erection of the New Central British School at Kowloon", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of February, 1935. The work consists of the erection of a two-storied building in brickwork and re-inforced concrete.

No work will be permitted on Sundays.

  For Form of tender, specification and further particulars apply at the Office of Mr. W. A. Cornell, F.R.I.B.A., F.S.I., Hong Kong Stock Exchange Building, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

11th January, 1935.

R. M. HENDerson,

Director of Public Works.

COLONIAL SECRETARY'S DEPARTMENT.

  No. 15.-Notice is hereby given that the Governor proposes to make an order under the Streets (Alteration) Ordinance, 1923, for the permanent closure of the unnamed street in the City of Victoria on the south-west side of Inland Lot No. 86 joining Wanchai Road and Queen's Road East.

Any person objecting to the proposed order must send his objection in writing to the Colonial Secretary so as to reach the office of the Colonial Secretary not later than the 17th day of January, 1935.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 31 of 1932.

Re Augusto Maximo dos Passos Victal, of No. 336, Ma Tau Wei Road, Kowloon City, Accountant.

FIRST dividend is intended to be de-

A clared in this matter.

   Creditors who have not proved their debts by the 15th day of February, 1935, will be

excluded.

Dated the 11th day of January, 1935.

N

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No 22 of 1934.

Notice of Public Examination.

Re Henry Cadogan Best residing at No. 327, Prince Edward Road, Kow- loon, in the Dependency of Hong Kong, Engineer.

OTICE is hereby given that the Public Examination of Henry Cadogan Best will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 26th day of January, 1935, at 10 a.m.

Dated the 11th day of January, 1935.

JAMES J. HAYDEN.

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

SUMMARY JURISDICTION

Action No. 3 of 1935.

Between The Lai Heung Wine Shop Plaintiffs

and

The Pak Hoo Tong Firm and Tsui Siu Chi a partner therein

Defendants.

NOTICE is hereby given that a Writ of Foreign Attachment returnable on the 25th day of January, 1935, against the property movable or immovable of the above-named defendant, Tsui Siu' Chi, within the Colony has been issued in this action pursuant to the provisions of Chapter XVII of the Hong Kong Code of Civil Procedure.

Dated the 10th day of January, 1935.

LO AND LO,

Solicitors for Plaintiffs, Alexandra Buildings,

Hong Kong.

THE KA WAH SAVINGS RANK, LTD.

NOTICE is hereby given that a Meeting of

     Creditors of the Ka Wah Savings Bank, Limited, will be held at the office of Messrs. Lo and Lo, Alexandra Buildings, Des Voeux Road Central, Victoria, Hong Kong, on Wednes- day, the 16th day of January, 1935, at 5 o'clock in the afternoon, in pursuant to Section 227 of the Companies Ordinance, 1932.

Dated the 7th day of January, 1935.

By Order of the Board,

天希譚

Chief Manager.

A

N

IN THE SUPREME COURT OF

HONG KONG

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 34 of 1933.

Be The Chuen Tack Bank and Chan Mung Hung & Fung Wan Chi Partners therein of 177, Queen's Road Central, in the Colony of Hong Kong.

SECOND dividend of $5.00 per cent has

been declared in the above matter.

OTICE is hereby given that the above- mentioned dividend may be received at the Trustee's Office, 5th floor, hina Building, Hong Kong, aforesaid on the 14th January 1935, between the hours of 10 a.m. and 4 p.m and on any subsequent day during office hours

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 7th day of January, 1935.

N

LI YAU CHUEN,

Trustce.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Guadalupe Barretto de Balbas late of 170, Paseo de San Gervasio Barcelona, Spain, Widow, deceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of the Probates Ordinance No. 2 of 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 31st day of January, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 11th day of January, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executor, Prince's Building, Hong Kong,

NOTICE OF TRANSFER.

URSUANT to Section 3 of the Fraudulent

PURSUANT to Sections Ordinance, No. 25

of 1923, Notice is hereby given that Messrs. Butterworth & Co., of Samarang, Java, carrying on business and trading under the name or style of Pentreath & Co., at Alexandra Build- ings, Victoria, in the Colony of Hong Kong, is

desirous of transferring the business of Pen-

treath & Co., as General Merchants, Commission

Agents and Brokers, including the goodwill, furniture and fixtures to George Artis Pentreath

of Alexandra Buildings, Victoria aforesaid one month from the date hereof.

The transferee intends to carry on the said

business at Alexandra Buildings, Victoria afore-

said, under the firm name of "Pentreath & Co.",

and will not assume the liabilities incurred by the Transferor in the said business.

Dated the 11th day of January, 1935

BUTTERWORTH & Co.,

By their Attorney,

G. A. PENTREATH,

Intended Transferor,

G. A. PENTREATH,

N

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of John Reginald Hinton late of Victoria, in the Colony of Hong Kong, Mercantile Assistant, deceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of the Probates Ordinance No. 2 of of 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 31st day of January, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 11th day of January, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Executrix, Prince's Building, Hong Kong.

In the Matter of the Companies Ordin-

ance, No. 58 of 1911-1930,

and

In the Matter of The Shanghai Com-

pany, Limited.

(IN LIQUIDATION).

[OTICE is hereby given in pursuance of

Section 188 of the Companies Ordinances 1911-1930, that a General Meeting of the Members of the above-named Company will be held at 98, Wing Lok Street, second floor, in the Colony of Hong Kong, on Saturday, 16th February, 1935, at 2.30 p.m. for the purpose of having an account laid before them, showing the manner in which the windng-up has been conducted and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidators, and also determining by Extraordinary Resolution the manner in which the books, accounts and records of the Company and the Liquidators' thereof shall be disposed of.

Dated this 11th day of January, 1935.

CHỊU FOOK CHAU,

CHAN SZE KWAI,

Liquidators.

甲為銀前清二份承啟 戌廢乃憑手號票受者

** ★ 紙係股續收收經本

中 十今自票限盤條已酒 酒二經悞到期臨到交家 國 家

酒 月派日頜甲時中易全

** 清後如戌辦環清盤 盤四安雖逾年事威楚家收 代日結有期十處靈請私盤 表 此股不一頓各頂 派 佈份到月囘街股與囘 票收二股一東豪股 收囘十本百天 本 條股日銀二囘酒 告 是本以以十股家 白

Intended Transferee.

RKK

A

320

(FILE No. 275 of 1934).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE NO. 439 of 1934)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE

NOTICE is hereby given that The Bridgestone Tyre Company Limited, of NOT is hereby given that Chu Hok

       No. 105, Kyomachi, City of Kurume, Japan, on the 12th day of June, 1934, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

BS Stone Bridge

in the name of the said Bridgestone Tyre Company Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of All kinds of tyres and tubes for wheels of automobiles, bicycles, auto- bicycles or any other wheels in Class 40.

This mark is to be associated with Trade Mark No. 49 of 1932, and the Applicants disclaim the right to the exclusive use of the letters "B.S."

Dated the 11th day of January, 1935.

(FILE No. 248 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The

         General Electric Company Limited a British Company of Magnet House, Kingsway, London, W.C. 2, England, Manufacturing Elec- trical Engineers, have on the 26th day of April, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

G. E. C.

in the name of The General Electric Company Limited, who claim to be the proprietors thereof.

       The Trade Mark has been used by the Applicants in Class 6 in respect of Machinery of all kinds and parts of machinery, except agricultural and horticultural machines includ ed in Class 7, in Class 8 in respect of Wireless and other telephonic and telegraphic apparatus and parts and fittings for such apparatus, electric batteries and accumulators and electric measuring instruments, and in Class 13 in respect of electrical goods and fittings of ordinary metal, electric lamps and all other electrical goods of ordinary metal included in Class 13.

        The mark has been declared to be distinctive by order of His Excellency the Governor under Section 9(5) of the Trade Marks Ordinance 1909 in Classes 6 and 8. In Class 13 the said Trade Mark is to be associated with Trade Mark No. 324 of 1919.

       A fascimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 14th day of December, 1934.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central,

Hong Kong.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building, 2nd Floor, Hong Kong.

(FILE No. 503 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that The Yue

Ming, of No. 4, Shum Chun Street, Ground Floor, Kowloon, Hong Kong, have on the 18th day of October, 1931, applied for the registration in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark :-

堂心問

製監鳴鶴朱

品药牌草剷

in the name of Chu Ick Ming, who claims to

be the proprietor thereof.

The above Trade Mark is intended to be used by the applicant in respect of Medicines in Class 3.

Dated the 14th day of December, 1934.

CHU HOK MING, Applicant.

(FILE No. 467 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Derick Rolfe

NOT

Cheong Firm) N Martin of 21. Duke's Avenue Canon's

of No. 27, Jervois Street, Victoria, in the Colony of Hong Kong, have, by an application dated the 5th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

Sweet

Hower

(2)

in the name of the said Yue Cheong Firm, who claim to be the proprietors thereof.

The said Trade Marks have been used by the applicants since May, 1934, in respect of Toilet Soap in Class 48.

The "Sweet Flower " mark is limited to the colours exactly as shown on the mark affixed to the application for registration.

The applicants disclaim the right to the exclusive use of the Letters "Y.Y.Y. appear- ing on the "Gold Soap " Mark and the words "Sweet Flower" appearing on the " Flower Mark.

Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 14th day of December, 1934.

LEO D'ALMADA & CO., Solicitors for the Applicants, David House, Hong Kong.

Park, Edgware in the County of Middlesex, England, on the 25th day of September, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

---

INTELEX

in the name of the said Derick Rolfe Martin who claims to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in respect of Goods manufactured from Indiarubber and Guttapercha not included in other classes in Class 40.

Dated the 9th day of November, 1934.

HASTINGS & CO. Solicitors for the applicants, Gloucester Building, Hong Kong.

THE

TRADE MARKS ORDINANCE

(No. 40 of 1909) Price $1.00 per copy

obtainable at

Noronha and Company

Government Printers

4

(FILE No. 212 of 1933)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that W. F. Woods Limited, of Wellington, in the Dominion of New Zealand and 38 Collins Street, Surry Hills, near Sydney in the State of New South Wales Australia, on the 8th June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Marks viz :-

(1)

The Universal Ointment for all skin diseases,

KORRENGZAL

running

sores, swollen

glands, dobie itch, cuts, wounds, boils, piles, insect bites, sprains.

W. E. WOODS LTD. MANUFACTURING CHEMEXTS

SYDNEY

(2)

321

(FILE No. 465 OF 1934) TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Dunlop Rub-

bor Co. (China) Limited, a Company duly incorporated and registered under the Companies Ordinances of Hong Kong and whose

Registered Office is at No. 89 Foochow Road, Shanghai, China, and carrying on business at Shanghai aforesaid and also at No. 3 Wyndham Street, Victoria, Hong Kong, and elsewhere, have on the 29th day of October, 1934, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

DUROFLI

in the name of Dunlop Rubber Co. (China)

Limited, who claim to be the proprietors there-

of.

The Trade Mark is intended to be used by

the Applicants forthwith, in respect of the following goods:-

Games of all kinds and sporting articles

such as Golf and Tennis Balls,

Tennis and Badminton Rackets,

Tennis Nets, Cricket and Hockey

Balls, Hockey Sticks, Football Blad- ders, etc., and appliances for games generally, in Class 49.

Dated the 16th day of November, 1934.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 481 OF 1934)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

Hang Firm otherwise called The Ching OTICE is hereby given that The Ching

Kwong Firm (ZEMW)

of No 76, Tai Chung Road, Kongmoon, Kwong- tung Province, China, have, by an application dated the 7th day of November, 193, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

恒正

方免偽欺

色味比别不同

認真煙味

正式老號紅煙

兩吸留意

in the name of the said Ching Hang Firm otherwise called The Ching Kwong Firm, who

claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in respect of Chinese Manufactured Tobacco in Class 45.

Dated the 16th day of November, 1934.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants. St. George's Building, Hong Kong.

PEPPERMINT CURE

Pains in the Chest or Stomach, Palpitation of the Heart, sense of undus Fulness after Hating, Windy Spasma, Dysentery, Malarial Fevers,

Coughs and Colds in the Head, "Asthma and Bronchitis. Infantile Complaints. Pull Instructions for use incide the Package.

SOLELY PREPARED BY

(FILE No. 463 OF 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Lung Kai Bros. Knitting Factory, of No. 222, Tung Choi Street, Kowloon, in the Colony of Hong Kong, have on the 27th day of October, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

A AA

N

(FILE No. 485 OF 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Tung

Yan Medicine Manufactory ([F] E ) of No. 144 Tai Ping Road, Canton, China, have, by an application dated the 13th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

    in the name of the said W. E. Woods Limited, who claim to be the proprietors thereof.

      The Trade Marks have been used by the Applicants in respect of the following goods respectively, in the following classes respec- tively, viz:-

Ointment for human use in Class 3 and Medicines for human use in Class 3.

The Applicants disclaim the right to the ex- clusive use of all the words other than "Kor- rengzal" and the name of the firm and address appearing in the " Korrengzal mark and of

"

all the words other than the name of the firm and address appearing in the " 'Peppermint | Cure" mark.

Dated the 16th day of November, 1934.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building, Hong Kong.

TRADE

MARK

牌AM

in the name of the Lung Kai Bros. Knitting Factory, who claim to be the proprietors there- of.

The Trade Mark is intended to be used forth- with by the applicants in respect of Singlet, Hosiery and other ready made clothing in Class 38.

Registration of this trade mark shall give no right to the exclusive use of the letter" A and the letters "A. A. A." and the Chinese character

meaning "Three ".

Facismiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 16th day of November, 1934.

LUNG KAI BROS. KNITTING FACTORY, No. 222, Tung Choi Street, Kowloon, Applicants.

in the name of the said Tung Yan Medicine Manufactory, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Medicinal Oil in Class

3.

Dated the 16th day of November, 1934.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building,

Hong Kong.

(FILE No. 438 OF 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

322

(FILE NO. 462 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Wing Fung NOTICE is hereby given that 1. G. Far-

Hong, of No. 76 Bonham Strand East, Victoria, in the Colony of Hong Kong, have on the 16th day of October, 1934, applied for the registration in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark :--

行豐头

TRADE

MARK

in the name of the said Wing ung Hong, who claim to be the proprietors thereof.

      The above Trade Mark has not been used by the applicants but it is their intention to use the same forthwith in respect of wines and spirits excluding Brandy and or Cognac in Class 43.

      A Facsimile of the above Trade Mark may be seen at the offices of the Registrar of Trade Marks or at the office of the undersigned.

Dated the 9th day of November, 1934.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

benindustrie Aktiengesellschaft of Gruneburgplatz, Frankfort-on Main, Germany, Manufacturers, have on the 12th day of Sep- tember, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

---

'Iso

I so'

in the name of I. G. Farbenindustrie Aktien- gesellschaft, who claim to be the sole pro- prietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Photographic films and plates sensitised in Class 1.

The said Trade Mark is to be associated with Trade Mark No. 317 of 1932.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of November, 1934.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 352 OF 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given, that Clarry

Edward Prentice of the City of Shanghai in the Republic of China, had on the 17th day of August, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

SPUNCRETE

in the name of Clarry Edward Prentice, who claims to be the proprietor thereof.

The above Trade Mark is intended to be used by the Applicant in Class 17, in respect of Cement and concrete articles.

Fascimiles of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 9th day of November, 1934.

D'ALMADA REMEDIOS & SILVA, Solicitors for the Applicant, York Building, 2nd Floor,

Hong hong.

(FILE NO. 429 of 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Kwong Wing Shing Firm of No. 193, Des Voeux Road West, Hong Kong, Fire Cracker Merchants, have on the 8th day of October, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :-

(FILE No. 381 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs.

2,

Sin Pak Street, Wong Sha, Canton, have on the

31st day of August, 1934, applied for registra-

(FILE No. 469 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

tion in Hong Kong, in the Register of Trade NOTICE is hereby given that Leung Ying

Marks of the following Trade Mark :-

無廣鄺

KWONG

Nam () of No. 566 Shanghai Street, Kowloon, Hong Kong, has, by an application dated the 5th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MADE IN CHINA

in the name of Kwong Wing Shing Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the appli- cant in respect of Fire Crackers in Class 20.

Registration of this Trade Mark shall give no right to the exclusive use of the representa- tion of a female figure except as shown on the mark.

Dated the 9th day of November, 1934.

KWONG WING SHING FIRM, No. 193, Des Voeux Road West,

Hong Kong. Applicants.

in the name of Messrs. Kwong Kwong Chai,

who claim to be the proprietors thereof.

The above mark has been used by the appli- cants since 1904 in respect of medicated wine in Class 3.

The applicants disclaim the right to the ex- clusive use of the Chinese characters

and the word "Kwong".

     A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 9th day of November, 1934.

WILKINSON & GRIST, Solicitors for the Applicants. 2, Queen's Road Central, Hong Kong.

標商

in the name of the said Leung Ying Nam who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Medicines, Medicated Articles and Medicinal Plaster in Class 3.

The registration of the said Trade Mark shall give no right to the exclusive use of the representation of a Medicinal Plaster.

Dated the 9th day of November, 1934.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

Trade and Shipping Returns for the month of November, 1934.

YOMPILED by the Statistical

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each ! commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers, 18, Ice House Street.

APINTER

AND Diidi lauen av NORONHA & CO

PRINTERS to the Hong Kong GoVERNMENT.

324

NOTICES.

کردم

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 18.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

1926.

No. S. 301,

18th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

No. S. 19.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 1st day of February, 1935.

The Lot is to be let for the term of Five years from the 1st day of February, 1935, for fish pond purposes only, at the highest annual Crown Rent as shall be bid at the time of letting, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (c).

PARTICULARS OF THE LOT.

Boundary Measurements.

Upset

Registry No.

Locality.

Contents in Acres.

Upset Annual Price. Crown

N

9.

E.

W.

Rent.

Lantao Demarcation District No. 313, Lot No. 26.

Tai O.

18th January, 1935.

$

$

5.66

Nil

40.00

Subject to

readjustment as

provided by the

Conditions of Sale.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

.

327

IN THE SUPREME COURT OF HONG KONG.

SUMMARY JURISDICTION

Action No. 3 of 1935.

Between The Lai Heung Wine Shop Plaintiffs

and

The Pak Hoo Tong Firm and Tsui Siu Chi a partner therein

Defendants.

NOTICE is hereby given that a Writ of

       Foreign Attachment returnable on the 25th day of January, 1935, against the property movable or immovable of the above-named defendant, Tsui Siu Chi, within the Colony has been issued in this action pursuant to the provisions of Chapter XVII of the Hong Kong Code of Civil Procedure.

Dated the 10th day of January, 1935.

LO AND LO,

Solicitors for Plaintiffs,

Alexandra Buildings,

Hong Kong.

In the Matter of The Companies Ordin-

ance, 1932,

SPECIAL RESOLUTIONS

(PURSUANT TO SECTION 116)

OF

THE CHINA CAN COMPANY, LIMITED.

AT an Extraordinary General Meeting of the

above-named Company duly convened, and held at the registered office of the Com- pany at No. 2 Davis Street. Kennedy Town, Victoria. in the Colony of Hong Kong, on Wednesday, the 16th day of January, 1935, the subjoined Special Resolutions were duly passed as Special Resolutions.

into

1. That the Scheme of Arrangement for the amalgamation of the Company by way of reconstruction whereby the assets and liabilities of the Company are to be transferred to a new company to be formed under the laws of the Republic of China as a company limited by shares with a capital of $5,000,000.00 Shanghai currency divided 50,000 shares of $100.00 Shanghai currency each having been ap proved and agreed to by resolutions of separate meetings of the holders of founders' shares and the holders of ordinary shares of the Company held on the 28th day of May, 1931, and sanctioned by the Supreme Court of Hong Kong by Order dated the 3rd day of December. 1934, the Comany be wound up voluntarily, and that Mr. Wong Po Lim (HRE)

NOTICE.

OTICE is hereby given that the Yeung Shing Fire Insurance and Investment Company, Limited, intends on or after the 26th day of January, 1935, to apply to the Registrar

THE KA WAH LIFE ASSURANCE CO., LTD.

NOTICE

OF

CREDITORS' MEETING.

of Companies for the release of the deposit NOTICE is hereby given that a meeting of

made in respect of the Fire Iusurance business carried on by the said Company under the Fire and Marine Insurance Companies Deposit Ordinance, 1917.

Notice is hereby further given that any objections to the release of the said deposit should be sent to the Registrar of Companies before the said 26th day of January, 1935.

DEACONS,

SOLICITORS FOR THE SAID YEUNG SHING

FIRE INSURANCE AND INVESTMENT

COMPANY, LIMITED.

Hong Kong, 18th January, 1935.

the creditors of the Ka Wah Assu- rance Company, Limited, will be held at the offices of Messrs. P. H. Sin and Company, Asia Life Building, No. 14, Queen's Road Central, Victoria, Hong Kong, on Saturday, the 26th day of January, 1935, at 2.30 o'clock in the after- noon, in pursuance of Section 227 of the Com- panies Ordinance 1932.

Dated the 15th day of January, 1935.

KINGSTON TAFT TAN, Manager.

甲銀前清二份承啟 大戌廢乃憑手號票受者 中 年紙係股續收收經本 大

THE COMPANIES ORDINANCE No. 39 of 1932. 國十今自票限盤條已酒中 THE KA WAH LIFE ASSURANCE Co., LTD. 酒二經到期臨到交家 國

NOTICE

OF

EXTRAORDINARY GENERAL Meeting.

OTICE is hereby given that an Extra- ordinary General Meeting of the above- named Company will be held at its registered Office No. 212, Des Voeux Road Central, forenoon on Saturday, the 26th day of January, Victoria, Hong Kong, at 10.30 o'clock in the

1935, for the purpose of considering and if thought fit to pass as an Extraordinary Resolu- tion the following resolution.

"That the Company be wound up volun- tarily and that two Liquidators be appointed for the purpose of such winding-up."

Dated the 15th day of January, 1935.

By Order of the Board of Directors,

KINGSTON TAFT TAN,

Manager.

In the Matter of The Ka Wah Savings

Bank Limited.

of No. 2. Davis Street, Kennedy AT an Extraordinary General Meeting of

Town, aforesaid, be appointed liquidator for the purpose of such winding up.

2. That the said liquidator be and he is hereby authorised and directed to carry into effect the agreement dated the 24th day of December, 1934, which was produced to this meeting and expressed to be made between the Company of the one part and the new company (being The China Can Company Limited or Shanghai in the Republic of China) of the other part for the transfer of the assets and liabilities of the Com- pany to the new company in the terms of the said Agreement, subject nevertheless to the provisions of the said Scheme of Arrangement and with such modifications (if any) as he may think expedient.

Dated the 16th day of January, 1935.

LONG MAN KO, Chairman.

the above-named Company, duly con- vened, and held at No, 208, Des Vaux Road Central, Victoria, in the Colony of Hong Kong, on Wednesday, the 16th day of January, 1935, at 11 o'clock a.m., the following Extraordinary

Lesolution was duly passed :-

"That it has been proved to the satis- faction of this Meeting that the Company cannot by reason of its Tiabilities continue its business and that it is advisable to wound-up the same and accordingly the Company be wound-up voluntarily, and that Wu Yee Tung, of No. 77, Pokfulum Road, Chan Tat Sam, of No. 24, Connaught Road Central, and Fung Iu Wing, of No. 1, Third Street, all of Victoria aforesaid, be appointed Liquidators for the purpose of such winding up ".

Dated the 16th day of January, 1935.

NGAN SHING KWAN, Chairman.

大中國酒家收盤代表人阮康廖啟

大中國酒家收

家月派日頜甲時中易全酒 收初清後如戌辦環清盤 家 盤 四妥雖逾年事威楚家 收 代 日結有期十處靈請私 盤 此股不一收頓各頂派 佈份到月囘街股與 囘 票收二股一東豪股 收回十本百 本

條股日銀二囘酒告 是本以以十股家

(FILE NO. 494 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The China Import and Export Lumber Company, Limited, of Lot No. 90, To Kwa Wan, Kowloon, in the Colony of Hong Kong, have on the 4th day of December, 1931, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

TRADE

MARK.

in the name of The China Import and Export Lumber Company, Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants for the past 15 years.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of January, 1935.

THE CHINA IMPORT AND EXPORT LUMBER COMPANY, LIMITED,

Lot No. 90, To Kwa Wan,

Kowloon.

(FILE NO. 501 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

328

(FILE Nos. 491 AND 502 OF 1934)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

N

                         OTICE is hereby given that Wah Yan Tobacco Company, of No. 301, NOTICE is hereby given that Naamlooze

                         Queen's Road West, Victoria, in the Colony of Hong Kong, Tobacco Vennootschap Chemische Fabriek L. van der Grinten; a limited liability Company duly Merchants, have on the 21st day of November, 1934, applied for the registra- tion of Trade Mark No. (1) and on the 4th day of December, 1934, applied for the registration of Trade Mark No. (2) in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks :-

corganized and existing under the laws of the Kingdom of the Netherlands, of 28, Hoogeweg, Venlo, Province of Limburg, Kingdom of the Netherlands, Manufacturers, have on the 3rd day of December, 1934, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

OCÉ

in the name of Naamlooze Vennootschap Che- mische Fabrick L. van der Grinten, who claim to be the proprietors thereof.

       The Trade Mark has not hitherto been used by the Applicants but it is their intention to use it forthwith, in respect of the following goods:-

-

Paper (including light-sensitive paper),

in Class 39.

Dated the 21st day of December, 1934.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

Hong Kong.

10 CIGARETTES

CIGARETTES

WAR YAN TOBACCO CO.

HONG KONG CHINA

(1)

(2)

SPRING

20 CIGARETTES

CIGARETE Š

(FILE No. 506 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Lee Yuen

Cheong Firm,) of No.

     70, Ko Shing Street, Victoria, in the Colony of Hong Kong, have, on the 5th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Y

TRADE

S

MARK

YU SHING CO.

司公盛裕

CHEFOO

MADE IN CHINA

in the name of The Lee Yuen Cheong Firm,

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 31 in respect of Chefoo Silk Piece Goods.

Registration of this Trade Mark shall give no right to the exclusive use of the letters "Y. S.

appearing on the said Mark in com- bination or separately.

"1

       Facsimiles of the said Trade Mark can be seen at the Offices of the Registrar of Trade. Marks of Hong Kong and also of the under- signed.

Dated the 21st day of December, 1934.

LEO D'ALMADA & CO., Solicitors for the Applicants, No. 67 Des Voeux Road Central,

Hong Kong.

in the name of Wah Yan Tobacco Company, who claim to be the sole proprie- tors thereof.

The Trade Marks have hitherto not been used by the applicants but it is their intention so to use them forthwith in respect of Manufactured tobacco in Class 45.

Registration of Trade Mark No. (2) shall give no right to the exclusive use of the letters "W. Y." in combination or separately.

Facsimiles of the two Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 21st day of December, 1934.

(FILE No. 500 of 1934)

WAH YAN TOBACCO COMPANY, 301, Queen's Road West, Hong Kong, Applicants.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Ming

Wah Metal Works of Nos. 50 to 60, Perceival Street, Hong Kong, Manufacturers, have on the 3rd day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

SCALES BRAND

(M)

in the name of The Ming Wah Metal Works, who claim to be the sole proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Torch lights and torch light cells in Class 8.

Registration of this mark shall give no right to the exclusive use of the letters M. W." in combination or separately.

Dated the 21st day of December, 1934.

THE MING WAH METAL WORKS, Applicants.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),.........$18.00

Half year,

Three months,

(do.),

10.00

(do.),

6.00

Foreign, $6 extra for Postage.

For 5 lines and under,. Each additional line,

Chinese, per Character,

Repetitions,

Terms of Advertising.

$1.00 for 1st .$0.20 insertion

5 cents. Half price.

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

་སྐ་

329

(FILE No. 527 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tong Kung

(FILE No. 391 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

trading under the style NOTICE is hereby given that the Yuen

of Yu Wo Fung() of No. 262,

Des Voeux Road West, Victoria, in the Colony of Hong Kong, has on the 29th day of Decem- ber, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :----

Kwong Wo firm of No. 112 Jervois Street, Victoria, in the Colony of Hong Kong, have, on the 6th day of September, 1934, appli- ed for the registration in Hong Kong, in the Mark namely:- Register of Trade Marks, of the following Trade

港香

WING

FUNG

LEE

裕和豐酒供

親自選辦

源廣和

庒選

Vermillion

TIENTSIN & HONGKONG-

in the name of Tong Kung, trading under the style of Yu Wo Fung, who claims to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Chinese Wine and Spirits, in Class 43.

The registration of this Mark shall give no right to the exclusive use of all the Chinese characters appearing on the mark with the

exception of () meaning "Goblet".

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of January, 1935.

TONG KUNG,

TRADING UNDER THE STYLE OF Yu Wo Fung, Applicant.

(FILE No. 432 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

N

a Trade Mark.

OTICE is hereby given that The Shing

Hing Company (AT)

of 80, Prince Edward Road, Kowloon, Hong Kong, have, by an application dated the 13th day of October, 1934, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Yuen Kwong Wo firm,

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 1 in respect of Vermil- lion.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 23rd day of November, 1934.

P. H. SIN & CO., Solicitors for the Applicants,

Asia Life Building,

Hong Kong.

(FILE NO. 351 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sander Wieler

& Co., of Hong Kong, King's Building, on the 31st day of October, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

仙芝

سنا

in the name of the said Shing Hing Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Matches in Class 47.

Dated the 23rd day of November, 1934.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

行洋打山峭

in the name of said Sander Wieler & Co., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Woolen, Worsted, and Hair Goods not included in Classes 33 or 34, in Class 35.

Fac-imiles of the Trade Mark can be seen at at the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 23rd day of November, 1934.

SANDER, WIELER & CO.

Applicants.

IXXXI JOV

332

LEGISLATIVE COUNCIL.

No. S. 20. The following Bills were read a first time at a meeting of the Council held on the 24th January, 1935:-

Short title.

Interpreta- tion.

Council,

Chairman.

Secretary.

Health Officer.

Veterinary Officer.

Composition of the Urban

Council,

which is to replace the Sanitary Board.

Ordinance No. 6 of 1887.

Ordinance

No. 8 of 1929.

A BILL

[No. 26-18.1.35.-11.]

INTITULED

An Ordinance to make provision for the substitution of an Urban Council for the Sanitary Board, and to repeal the Public Health and Buildings Ordinances.

Be it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof, as fol- lows:

1. This Ordinance may be cited as the Urban Council Ordinance, 1935.

2. In this Ordinance :-

"Council" means the Urban Council.

"Chairman" means the officer for the time being lawfully performing the duties of Chairman of the Council.

"Secretary" means any person appointed by the Governor to be Secretary and includes an Assistant Secretary.

"Health Officer" includes any Medical Officer appointed as a Health Officer by the Governor by notification in the Gazette.

"Veterinary Officer' includes the Colonial Veterinary Surgeon and any Assistant Colonial Veterinary Surgeon.

3.-(1) The Sanitary Board shall be abolished and re- placed by an Urban Council which shall consist of the Chair- man of the Council, appointed by the Governor, the Director of Medical and Sanitary Services who shall be Vice-Chairman, the Director of Public Works, the Secretary for Chinese Affairs, the Inspector General of Police, and not more than eight additional members who shall hold office for three years from the notification of their respective appointments or elec- tions in the Gazette.

(2) Three of the said additional members shall be elected by an electorate composed of the persons whose names shall appear in one or other of the two parts of the register herein- after referred to: Provided that if nominations are not received for all the vacancies announced, it shall be lawful for the Governor to fill by appointment any vacancy or vacancies which are not filled by election.

(3) The first part of the register shall consist of the two Jurors Lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887, as amended by the Jury Amendment Ordinance, 1929.

(4) The second part of the said register, which shall be kept by the Registrar of the Supreme Court, shall consist of the names of all male persons of any of the following classes.

A

{

333

who shall have duly applied to be registered therein, and whose claims to be registered shall have been duly allowed:-

(a) unofficial members of the Executive or Legislative Council;

(b) persons of sound mind who have previously been in- cluded in the Jurors Lists but have been omitted or removed therefrom on account of age or infirmity, or on account of exemption from jury service granted by the Governor in Council or by the Court;

(c) barristers and solicitors in actual practice and the clerks of solicitors in actual practice;

(d) persons registered under section 4 of the Medical Ordinances Registration Ordinance, 1884, or under the Dentistry Ordin- Nos. 1 of ance, 1914, or under the Pharmacy and Poisons Ordinance, 1916;

(e) editors and sub-editors of daily newspapers published in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dis- senters or of Jews, acting as such in the Colony;

(g) professors and other academic officers of the Univer- sity of Hong Kong;

(h) masters of schools which are certified by the Director of Education as not being vernacular schools;

(i) masters of steamers and local pilots; and

י

officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, Commissioned and Warrant Officers of the Hong Kong Naval Volunteer Force, and also such other members of the said Corps or of the said Force as shall have been exempted from jury service by the Governor in Council;

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

(5) If any question arises as to the right of any person to be included in the second part of the said register such question shall be decided by the Registrar of the Supreme Court, subject to an appeal within seven days to the Governor in Council whose decision thereupon shall be final; Provided that it shall be lawful for the Governor in Council to vary such decision at any time.

1884, 16 of

1914, and

9 of 1916.

(6) Subject to any rules which may have been made under Ordinance section 9 of the Public Health and Buildings Ordinance, 1903, No. 1 of or which may be made under section 4 of this Ordinance, the second part of the said register shall be closed to any fresh applications for registration for fourteen days before the day appointed for any ballot for the election of a member of the Urban Council, and shall remain closed until after the ballot- ing in that election shall have been completed.

(7) Every person who at any ballot held under this sec- tion applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at any such ballot, applies at the same ballot for a ballot paper in his own name, and every person who, for the purpose of procuring his registration in the second part of the register

Rules as to election of

members of the Council. G. N. 408 of

1927.

Members' names to be gazetted.

Substitution

of members.

Duties of the Council.

Preserving existence of

334

referred to in sub-sections (3) to (7), knowingly makes any false or misleading representation, whether verbal or in writ- ing or by conduct, shall upon summary conviction be liable to a fine not exceeding $500 and to imprisonment for any term not exceeding three months.

(8) If any question arises as to the validity of any pro- ceeding in any election or intended election of a member of the Urban Council the decision of the Governor in Council thereon shall be final and conclusive for all purposes what- soever, and the Governor in Council may thereupon give any direction which he may think fit.

(9) The other five additional members (three of whom shall be Chinese) shall be appointed by the Governor.

(10) Persons, whether elected or appointed by the Governor, who immediately before the commencement of this Ordinance were serving as additional members of the Sanitary Board under the provisions of section 8 of the Public Health and Buildings Ordinance, 1903, shall be additional members of the Urban Council as if they had been elected or appointed under this section but shall remain in office only until the expiration of the terms for which they were originally elected or appointed as members of the Sanitary Board.

4. All matters relating to the keeping and revision of the register and to the election of the members shall be governed by rules made by the Governor in Council: Provided that the rules made under section 9 of the Public Health and Buildings Ordinance, 1903, shall remain in force so far as they are applicable until they are altered or replaced by rules made by the Governor in Council under this section.

5. The names of all members elected or appointed shall be forthwith notified in the Gazette.

6. If any member of the Council be at any time prevent- ed for more than six months by absence or other cause from acting, the Governor may appoint, or if the member has been elected, the electors may nominate, and, if more than one candidate, is nominated may elect, some other person to re- place such member, until he shall return or be able to resume his functions.

7. The duties of the Council shall be to exercise control within the area allotted to it over all matters in respect of which powers are given to it by this Ordinance or any other Ordinance.

8. For the purpose of carrying out the provisions of the Sanitary law in respect of matters over which the Council exercises Department. control there shall be a Sanitary Department.

Appointment of officers.

9. The Governor may appoint a Secretary and Assistant Secretaries to the Council, and also Health Officers, Veterinary Officers and Sanitary and other Inspectors, all of whom shail be officers of the Sanitary Department, and may also appoint such servants of the Department as may be required.

.....................

i

335

Director of

Services.

10. The Director of Medical and Sanitary Services shall Position of be the professional adviser to the Council in all medical Medical and matters including matters of public health and sanitation. Sanitary It shall be his duty to assist and advise the Council on such matters and to superintend the enforcement and observance of all Ordinances relating to Public Health and of the by-laws and regulations made thereunder.

Chairman

11. -(1) The Chairman of the Council shall give such Duties of instructions as may be necessary for carrying out and giving of Council. effect to the decisions and policy of the Council, and shall be responsible also for the general administration of the Sanitary Department.

Medical and

(2) On receipt of any such instructions affecting public Duties of health the Director of Medical and Sanitary Services shall Director of issue the necessary directions to the officers under his control Sanitary and shall be responsible for their being duly carried out.

Services.

unaffected

12. The Council shall be held to be legally constituted Constitution notwithstanding any vacancies occurring therein by the death, absence, resignation, or incapacity of any member.

on the Council.

13.-(1) The Council shall meet once in every alternate Council week and oftener if need be, and may adjourn from time to meetings. time. The Chairman may at any time, and shall, on a requisi- tion signed by three members of the Council, summon a meet- ing thereof.

(2) Any four members shall be a quorum, and at every Quorum. meeting at which the Chairman or Vice-Chairman is absent the members present shall appoint a temporary chairman to pre- side. The chairman at any meeting shall have an original vote and also, if the votes be equal, a casting vote.

14. (1) The Council may make Standing Orders for Standing regulating the procedure at its meetings.

(2) The present Standing Orders of the Sanitary Board shall continue in force so far as they are applicable until re- placed under this section.

orders.

of select

15.-(1) The Council may appoint select committees, Appointment consisting of not less than two of its members or one of its committees. members and a Health Officer or a Veterinary Officer, and may by appointment or removal change the personnel of any such committee.

to Health

(2) The Council may by resolution delegate any of its Delegation powers and functions to any Health Officer or to any such of powers select committee as aforesaid, with full powers to enforce any Officers or of the provisions of any Ordinance or by-law conferring committees. powers on the Council or providing for the more effectual sanitation of the Colony, and may revoke such delegation.

to select

orders of

(3) Any failure to comply with the orders of a Health Failure to Officer or of such select committee, duly signed by the Secre- comply with tary of the Council, shall be punishable in the same manner the Health as if such order had been made by the Council.

Officers or of select committees.

336

Construction 16. Whenever in any Ordinance, Order of the Governor of references in Council, Order of the Governor, Standing Order, rule, re-

to Sanitary Board, etc.

Commence- ment. Ordinance No. 31 of 1911.

Repeal of Ordinances

No. 1 of 1903,

No. 19 of

1928, No. 30

gulation, minute, by-law, deed, contract, official letter or other document, the term "Sanitary Board" or "President of the Sanitary Board" occurs, and, in order to give effect thereto it is necessary to substitute "Urban Council" or "Chairman of the Urban Council" such document shall be read and construed accordingly.

17. Subject to section 9 of the Interpretation Ordinance, 1911, and except for the purposes of appointing or electing the first members of the Council, this Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the commencement of this Ordinance.

18. The Public Health and Buildings Ordinance, 1903, the Public Health and Buildings Amendment Ordinance, 1927, No. 6 of 1927, the Public Health and Buildings Amendment Ordinance, 1928, the Public Health and Buildings Amendment Ordinance, 1929, the Public Health and Buildings Amendment Ordinance, 1930, the Public Health and Buildings Amendment Ordinance, 1931, the Public Health and Buildings Amendment (No. 2) Ordin- ance, 1931, and the Public Health and Buildings Amendment Ordinance, 1935, are repealed.

of 1929, No. 18 of

1930, No. 3

of 1931, No. 18 of 1931 and

No. of 1935.

Objects and Reasons.

1. In his Report on the need for the reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends that the Public Health and Build- ings Ordinance, (No. 1 of 1903) which deals with building con- struction, sanitation, infectious diseases control, food con- trol, etc., should be broken up into a number of Ordinances, each dealing with its particular branch of the Public Health Complex.

2. This Bill provides for the replacement of the Sanitary Board by an Urban Council and also repeals the various Public Health and Buildings Ordinances.

3. The Sanitary Board had four official and six unofficial members, two of whom were elected. It is proposed in the Urban Council to have five official members and also to in- crease the number of unofficial members to eight. Of these, three are to be elected, and five, of whom three must be Chinese, nominated by the Governor.

January, 1935.

C. G. ALABASTER,

Attorney General.

}

337

TABLE OF CORRESPONDENCE.

Marginal note.

Urban Council Ordinance, 1935.

Source, with modifications.

Short title.

Interpretation.

1

F.M.S. S.B. Enactment,

1916.

2

Composition of Urban

3

Council which is to re-

place the Sanitary

Board.

Rules as to election of

4

members of this Coun-

cil.

Members

names to be

5

gazetted.

Substitution of members.

6

Public Health and Buil- dings Ordinance, 1903, section 8 as amended by section 5 of No. 6 of 1927.

s.s. (1). Inspector General of Police added as official member. Eight unofficials instead of six.

s.s. (2) three unofficials to be elected as com- pared with two.

s.s. (4) (e) "reporters"

omitted.

(j) = former s.s. (4) (j) as amended by No. 30 of 1933, s. 19 (2).

s.s. (10) Preserves status of members of Sanitary Board as members of Urban Council.

P.H. & B.O. No. 1 of

1903, sec. 9-redrafted to keep the old rules in force.

P.H. & B.O0. Section 10 cut down, since the Vice President is to be the D.M.S.S.

P.H. & B.O. Section 11. "and if more than one candidate is nominated may elect." added.

Duties of the Urban Coun-

cil.

7

Preserving existence of Sanitary Department.

6

Appointment of officers.

9

P.H. & B.O. Section 19

modified.

Position of D.M.S.S.

10'

Duties of the Chairman

11

of Council and of the D.M.S.S.

S.S. (1)-P.H.& B.O. s. 8

(10). s.s. (2) new.

- - - ... ... .

338

Table of Correspondence,-Continued.

Marginal note.

Urban Council Ordinance, 1935.

Source, with modifications.

Constitution unaffected by

12

P.H. & B.O. Section 12.

vacancies on the Council.

Council meetings

13

P.H. & B.O. Section 13.

Quorum

s.s. (2) redrafted.

Standing orders.

14

Appointment of Select

Committees.

15 (1)

P.H. & B.O. Section 14.

s.s. (2) preserves former standing orders.

P.H. & B.O. Section 14

(2).-redrafted.

Delegation of powers to Health Officers or Select Committees.

15 (2)

P.H. & B.O. Section 15

(1).

Failure to comply with orders of Health Officers or of Select Committees.

15 (3)

P.H. & B.O. Section 15

(2).

Construction of references

16

to Sanitary Board, etc.

Ordinance No. 37 of 1932,

Section 30.

Commencement.

17

Repeals of Ordinances,

18

1

339

Notes on new draft of Urban Council Bill.

S.

2

s. 3

"Health Officer"-D.M.S.S. excluded (at his own desire) to prevent repugnancy with new s. 9.

"Veterinary Officer"-redrafted.

s.s. (2) "Three" instead of "four" of the additional (unofficial) members to be elected.

s.s. (4) (e) "reporters" omitted.

() redrafted as in s. 19 (2) of Ordinance

No. 30 of 1933.

s.s. (9) "five" instead of "four" additional members to be nominated by the Governor, "three" (instead of "two") of whom are to be Chinese.

s.s. (10) added--preserving status on Council of members of the Sanitary Board.

ss. 8, 9, 10 and 11 are new: they have been framed after

careful consultation with the D.M.S.S.

s 8

s. 9

effects the continued existence of the Sanitary Depart-

ment.

is derived from s. 19 of the P.H. and B.O., 1903, and enables the appointment of Public Health Officers all of whom are declared to be officers of the S.D.

s. 10 first paragraph has been transferred from s. 7 of

the Sanitation Bill.

s. 11

Second paras. 8 of former U.C. draft.

defines the duties of the Chairman and of the D.M.S.S. respectively as regards the decisions of the Council.

1

C.S.O. 1 in 4301/29.

340

[No. 17-18.1.3.5-9.]

A BILL

INTITULED

An Ordinance to amend the law relating to town cleansing, nuisances, domestic sanitation, the licensing of certain premises and trades and the disposal of the dead.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

PART I.

Short title.

Saving as to tenancy contracts.

Interpreta- tion.

Author of nuisance.

Balcony.

Basement.

Building.

Building Authority.

Cattle.

PRELIMINARY.

1. This Ordinance may be cited as the Public Health (Sanitation) Ordinance, 1935.

2. Nothing herein contained shall vary or affect the rights. or liabilities as between landlord and tenant under any con- tract between them.

3. In this Ordinance and in all by-laws made there- under

-

'Author of a nuisance' means the person by whose act, default, permission or sufferance the nuisance arises or con- tinues.

'Balcony' means any stage, platform, oriel or other similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

'Basement' means any cellar, vault,

vault, under-ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding two feet above the floor level.

'Building' includes any part of every domestic building, house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding

'Building Authority' means the Director of Public Works or such other officer of the Public Works Department as may be appointed to be the Building Authority.

'Cattle' means bulls, cows, oxen, heifers, calves and buffaloes.

"[

341

'Cockloft' includes any floor other than a ground floor, Cockloft. and any platform or landing of a greater breadth than three feet, which has not a clear space of nine feet measured vertically above it.

'Colonial Veterinary Surgeon' includes any veterinary Colonial

Veterinary surgeon or medical practitioner authorised by the Governor to Surgeon. perform the duties of the Colonial Veterinary Surgeon under this Ordinance and also any Assistant Colonial Veterinary Surgeon.

'Council' means the Urban Council unless some other Council. Council is indicated.

'Cubicle' means any portion of a room partitioned off for Cubicle. the purpose of being used as a sleeping place.

'Dangerous trade' means any manufacturing process or Dangerous handicraft in which lead, arsenic, mercury, phosphorus or any trade. other poisonous substance whatsoever is used.

'Domestic building' means any building constructed, used Domestic or adapted to be used, wholly or partly, for human habitation, building. but does not include any building where caretakers only, not exceeding two in number, pass the night.

air.

'External air' means the air of any space which is vertic- External ally open to the sky and unobstructed and which (when measured from and at right angles to the external surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony) has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

'Factory' means any premises or place wherein or within Factory. the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

'Floor' includes any horizontal platform forming the base Floor. of any storey, and every joist, board, timber, stone, brick or other substance connected with and forming part of such platform.

'Health Officer' includes the Director of Medical and Health Sanitary Services, any medical officer appointed as a Health Officer. Officer by the Governor, any Colonial Veterinary Surgeon and any officer for the time being performing the duties of a Health Officer.

District.

'Hill District' means any part of the island of Hong Kong Hill above the 700 feet contour.

'Householder' means the actual tenant or occupier of House- any building, or, in cases where there is no such person, then holder. the owner of such building, and, in the case of corporations, companies and associations, the secretary or manager thereof.

'Latrine' includes privy, pail latrine, water closet and Latrine.

urinal.

Latrine

accommoda-

tion.

Pail latrine.

Mid-level District.

Occupier.

Offensive trade.

342

'Latrine accommodation' includes a receptacle for human excreta together with the structure comprising such receptacle and the fittings and the apparatus connected therewith.

'Pail latrine' means latrine accommodation including a moveable receptacle for human excreta.

'Mid-level District' means that portion of the City of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulum Road at No. 1 Bridge and passing along Pokfulum Road, High Street, Bonham Road and Caine Road as far as Ladder Street, thence along Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the northern boundary of Inland Lots 100, 1086, 122 and 128, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern Boundary of War Department land, thence along the Western boundary of Inland Lots 47A, 47 and 1211 until this line produced meets Monmouth Path, thence in a straight line to the north-west corner of Inland Lot 2325, thence in a straight line to the north-west corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral noundaries are to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the southern boundary of the City of Victoria

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

'Occupier' means any person in actual occupation of any premises.

'Offensive trade' includes:-

(a) the trades of blood-boiling, tripe-boiling, soap-boiling, fat-boiling, tallow-melting, resin-boiling, bone-boiling, bone- crushing, bone-burning, bone-storing, rag-picking, rag- storing, manure manufacture, blood-drying, fell-mongery, leather-dressing, tanning, glue-making, size-making, gut- scraping, hair-cleaning, feather-storing, feather-cleaning and pig-roasting (except the roasting of pigs in any domestic build- ing or restaurant for consumption in such domestic building or restaurant by the inmates or visitors thereof);

(b) any trade, business or manufacture which is declared by the Council by by-law to be an offensive trade;

(c) any trade, business or manufacture which is carried on in such a way as to be dangerous or injurious to the health of persons engaged in it, or in such a way as to be dangerous or injurious to the health of persons residing in the neighbour- hood; and

(d) any other noxious, offensive, noisome or unhealthy trade, business or manufacture whatsoever.

343

'Owner' includes any person holding premises direct from Owner. the Crown, whether under lease, licence or otherwise, and also any person for the time being receiving the rent of any premises, solely or as joint tenant or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

'Person' includes a body corporate, a partnership and Person. an association of persons unincorporated.

'Premises' includes any land, building or structure of Premises. any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or enclosed, cesspool or foreshore, and also any vessel lying within the waters of the Colony.

'Public building' includes any building, not in occupation Public of the Naval, Military or Air Force Departments, used for

                               building. public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital or for

for any other public purpose

whatsoever.

'Public latrine' means any latrine to which the public are Public admitted on payment or otherwise.

latrine.

'Refuse' includes dust, dirt, ashes, rubbish, sweepings Refuse. and every other kind of waste matter whatsoever.

'Room' includes any sub-division of any storey of any Room. domestic building other than:-

(a) a cubicle;

(b) a drying-room,. store-room, pantry, lobby or landing which is not used for sleeping purposes

'Secretary' and 'Assistant Secretary' mean the Secretary Secretary. and Assistant Secretary of the Council respectively.

'Storey' means the space between the upper surface Storey.. of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

Street.

Tenant.

Tenement.

Tenement

house.

Urban District.

Verandah.

Vessel.

Water closet.

Window.

Working class tenement house.

Works.

Workshop.

344

'Street' includes the whole or any part of any square, court, alley, highway, lane, road, road-bridge, foot-path or passage whether a thoroughfare or not.

'Tenant' includes any person who holds direct from any householder the whole or any part of any floor or floors of any building.

"Tenement' means an apartment consisting of one or more rooms or cubicles let separately from the rest of the house.

"Tenement house' means any domestic building construct- ed, used or adapted to be used for human habitation by more than one tenant.

'Urban District' includes the City of Victoria, Kowloon, New Kowloon and any such area as the Governor in Council

define and notify in the Gazette.

may

'Verandah' means any stage, platform or portico pro- jecting from a main wall of any building and supported by piers or columns.

'Vessel' means any steam, motor or sailing ship, launch, motor boat, junk, lighter, sampan or boat.

'Water closet' means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

'Window' means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable also, when opened, of admitting air.

'Working class tenement house' means a house divided into tenements for the accommodation of persons of the labouring, artisan or mechanical classes.

'Works' includes the partial or total constructing, recon- structing, pulling down, opening, cutting into, adding to and altering any building, wall, retaining wall, chimney-stack, flue, ground, road, well, drain or sewer, and any other building operation whatsoever.

'Workshop' means any premises or place other than a factory wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for the purpose of gain in or incidental to making any article or part of an article, or altering or repairing or ornamenting or finishing or adapting for sale any article, provided that at least twenty persons are employed in manual labour in the said premises or in the close, curtilage or precincts thereof.

1

345

POWER TO MAKE BY-LAWS.

4.-(1) The Council shall have power to make by-laws Matters with regard to the following matters:-

with regard to which the Council

(i) the periodical entry and inspection of all buildings has power and curtilages-

(a) for the purpose of ascertaining the sanitary condition, cleanliness and good order thereof or any part thereof, and of any storeys, cocklofts or partitions therein, or the condition of any drains, latrines, cubicles and kitchens therein or in connexion therewith;

(b) for the purpose of ascertaining whether the same are in an overcrowded condition;

(ii) the prevention and abatement of nuisances;

(iii) the promotion of domestic cleanliness;

(iv) the cleansing, limewashing and proper sanitary maintenance of all premises;

(v) the promotion of lighting and ventilation in public or private buildings;

(vi) the provision and maintenance of proper latrine ac- commodation in private and public buildings;

(vii) the limitation of accommodation in premises and the prevention of overcrowding;

(viii) fixing from time to time the number of persons who may occupy a domestic building or any part thereof, and marking on the exterior or interior of such buildings the number of persons permitted to occupy the same or any part thereof;

(ix) prescribing the conditions under which alone it shal} be lawful to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used for habitation or for occupation as a shop, any cellar, vault, underground room, basement or any room any side of which abuts on or against the earth or soil;

(x) the closing of premises unfit for human habitation and the prohibition of their use as such;

to make by-laws.

(xi) the control of wells and pools and of all water used for domestic or trade purposes where such water is derived from any spring, well, pool, pond, water channel or other source which is not included in the term "Waterworks" as defined in section 2 (m) of the Waterworks Ordinance, Ordinance 1903;

(xii) the prevention of the propagation of mosquitoes; (xiii) the provision and proper construction of dust-bins or dust-cans in public or private premises;

(xiv) the cleansing of domestic buildings and the removal therefrom of refuse and all objectionable matter at stated times;

(xv) scavenging and the removal and disposal of refuse;

No. 16 of 1903.

By-laws subject to approval of

Legislative

Council.

Schedule A.

346

(xvi) conservancy and the removal and disposal of excretal matter:

(xvii) the erection of public latrines and applications for permission to erect such latrines; and the sanitary mainten- ance of public latrines, urinals, dust-bins and manure depots;

(xviii) the sanitary maintenance of eating houses, restaurants, factories, workshops, breweries, distilleries, theatres and places of public instruction, recreation or assembly;

(xix) the control of dangerous, unhealthy and offensive trades, the prohibition of the continued maintenance of any existing such trade without a licence from the Council, the prohibition of the establishment of any such trade without a licence from the Council, and the revocation of licences to carry on such trades;

(xx) the regulation of public baths, laundries and wash- houses;

(xxi) the construction, licensing and proper sanitary maintenance of places and buildings in which cattle, swine, sheep and goats are kept in private premises;

(xxii) providing for the regular inspection of all places where animals are kept;

(xxiii) the breaming of vessels and the maintenance of cleanliness in the harbours, on the foreshores and in the waters of the Colony;

(xxiv) the disposal of the dead, the regulation and sanitary maintenance of cemeteries, the fees to be charged in respect of graves, exhumations and interments, the keeping of such registers as may be necessary, and all other matters connected therewith; also the regulation and sanitary mainten- ance of mortuaries and the disinfection of dead bodies; and

(xxv) the prescribing of forms.

(2) The Council may in any such by-laws impose fines for any breach thereof not exceeding fifty dollars in each case. If no specific penalty is prescribed by the Council for the breach of any by-law, the maximum penalty for such breach shall be a fine not exceeding fifty dollars.

(3) No by-law made by the Council under this Ordinance shall be held to be invalid on the ground that it imposes obligations or confers powers which exceed the obligations imposed or the powers conferred by some section of this Ordinance dealing with the same subject-matter as the by-law in question.

5.-(1) All by-laws made by the Urban Council shall be submitted to the Governor, and shall be subject to the approval of the Legislative Council.

(2) The by-laws in Schedule A shall be in force except as they may be rescinded, suspended, amended or added to by by-laws inade by the Council under section 4.

347

PART II.

ESTABLISHMENT.

6. The Inspectors and such other subordinate officers Appointment as may be appointed by the Governor under section 9 of the and group-

ing of Urban Council Ordinance, 1935, shall, for the purposes of officers. this Ordinance, be grouped under the Health Officers who will be under the general direction of the Director of Medical and Sanitary Services.

Director of

7. For the purposes of this Ordinance and of the by-laws Position of made thereunder the Director of Medical and Sanitary Services Medical and shall be the professional adviser to the Council and shall give Sanitary such directions to the Health Officers as may be necessary relation to for carrying out the lawful decisions of the Council.

Power of Entry.

Services in

Council.

8. Any Health Officer or any officer duly authorised by Power of him may, with or without assistants as he may deem desirable, entry to at all times between 6 a.m. and 6 p.m. enter and inspect any infectious house or premises for the purpose of ascertaining the sanitary condition thereof, or of ascertaining whether any infectious or contagious disease exists therein :

Provided always that unless in the opinion of such officer any delay in entering and inspecting may, or is likely to, prove injurious or detrimental to public health, he shall in each case before entering and inspecting, if the occupiers offer any reasonable objection thereto, give them two hours notice in writing of his intention, by leaving such notice with them or at the house or premises which he intends to enter and inspect. In the case of Chinese occupiers such notice shall be in the Chinese character.

disease.

entry for

9. Any Health Officer may also enter and inspect any Additional house or premises at any hour of the day or night for the powers of purposes mentioned in section 8 without giving any such Health notice as aforesaid, provided the officer so entering has a Officers. special order in that behalf signed by the Chairman of the Council.

inspect

10. Any select committee of the Council, or any officer Specia! specially authorised by the Chairman of the Council, and sub- authority to ject to such directions as he may impose, may enter and for over inspect at any time any domestic building for the purpose of crowding. ascertaining whether such building or any part thereof is in an overcrowded condition.

necessary

11. If it shall be requisite for the purpose of ascertaining Authority the sanitary conditions of any domestic building or curtilage, for opening to open the ground surface of any part thereof, any ground Inspector in possession of authority in writing signed by the surface. Secretary or by a Health Officer, after giving not less than 48 hours' notice in writing signed by either of the aforesaid officers to the occupier or owner of such domestic building or

Secretary to furnish authority granting power of entry to inspect for

over-

crowding.

Entry between midnight

and 6 a.m. prohibited except

under

special permit.

Power of magistrate

to authorise officer to enter and inspect premises.

Means of access to buildings from

scavenging lanes.

348

curtilage of his intention to enter the same for the purpose of opening up the ground surface thereof, may so enter, with such assistants as may be necessary, and open the ground sur- face of any such premises in any place or places he may deem fit, doing as little damage as may be. Should the material which has been used for covering such ground surface, and the nature and thickness thereof, be found satisfactory and in accordance with law, such ground surface shall be reinstated and made good by the Council at the public expense.

12. The Secretary shall, upon the requisition of a Health Officer, authorise in writing, in English and Chinese, one or more of the Inspectors to enter any domestic building at any hour between 6 p.m. and midnight for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition.

13. No Inspector shall, between the hours of midnight and 6 a.m., enter

any domestic building for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition, without the written permission, in English and Chinese, of the Chairman of the Council.

14.-(1) If admission to premises for any of the pur- poses of this Ordinance is refused, any magistrate on complaint thereof on oath by any officer authorised by this Ordinance to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same during the hours pre- scribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact, by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained under this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

15.- (1) Every scavenging lane (or side street or open space used for scavenging where no scavenging lane is provided) may be used at any time by any public officer, and every such lane, street or open space may be used at any time by any authorised person as a means of approach to any build- ing to which such lane, street or space gives access for the purpose of inspecting, scavenging or cleansing any part of such building.

(2) If any open space appurtenant to a building is en- closed the communication door or gate shall be opened by the occupier whenever required by any authorised person for the purpose of inspecting, scavenging, cleansing, or the removal of nightsoil from any part of such building.

349

Power of arrest.

arrest in

16. In the absence of an officer of police it shall be Power of lawful for any officer of the Sanitary Department, absence of in whose presence a summary offence in the nature police officer. of a sanitary nuisance has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed. against the offender by complaint and summons.

PART III.

SANITARY PROVISIONS.

The Prevention and Abatement of Nuisances and the Prevention of the Propagation of Mosquitoes.

17. The following shall be deemed to be nuisances liable Nuisances. to be dealt with summarily in the manner provided by this Ordinance :-

(1) any building or part of a building which is so dark, ill-ventilated or damp, or in such a condition of dilapidation, as to be dangerous or prejudicial to the health of the inmates;

(2) any building or part of a building which contains rat-holes or rat-runs or other similar holes, or which is infested with rats, or in which the ventilating openings are not protected by gratings in such manner as effectually to exclude rats there- from;

(3) any premises which are so overcrowded or in such a dirty or insanitary condition as to be dangerous or prejudicial to health;

(4) any street or road, or any part thereof, or any water- course, nullah, ditch, gutter, side-channel, drain, ashpit, sewer, latrine, urinal or cesspool, so foul as to be noxious, noisome or unhealthy;

(5) any noxious matter or waste water flowing or dis- charged from any premises, wherever situated, into any public street or road, or into the gutter or side-channel of any street or road, or into any nullah or watercourse or the bed thereof;

(6) any watercourse, well, tank, pool, pond, canal, conduit or cistern, the water of which, from any cause, is so tainted with impurities or so unwholesome as to be injurious to the health of persons living near or using such water, or which is likely to promote or aggravate epidemic disease;

(7) any accumulation or deposit of stagnant water, sullage-water, manure, house-refuse or other matter, where- ever situated, which is unhealthy;

(8) any spring, seepage, stream, drain, water course or collection of water liable to form a breeding place for mos- quitoes;

Power to

inspect premises where

350

(9) any stable, cow-house, pigsty or other premises for the use of animals, or in which live fish or birds are kept, which is in such a condition as to be injurious to the health of man or of such animals, fish or birds;

(10) any offensive trade which is being carried on without a licence from the Council;

(11) any cemetery or place of burial so situated or so conducted as to be unhealthy;

(12) any fireplace adapted for the use of charcoal or wood as fuel which is not provided with a hood of sheet metal or other approved material of sufficient size connected with a chimney or smoke flue;

(13) any internal surface of the walls of any kitchen not rendered in cement mortar or other non-absorbent material to a height of four feet from the floor level;

(14) any internal surface of any latrine not rendered in cement mortar or other non-absorbent material to a height of three feet from the floor level or on which the rendering is cracked, broken or in any way defective;

(15) any floor of any kitchen, bathroom, latrine or urinal or the ground surface of any building, area, backyard, court- yard or alley-way on which slops may be thrown or on which foul waters flow, which is or has been paved or covered over with impervious material but which has been subsequently broken, excavated or otherwise disturbed;

(16) any defective eaves, gutter, waste-pipe or rain water pipe which discharges over any street;

(17) any opening in the wall of any building for the discharge of sullage water not provided with a fixed grating of cast-iron or in which the grating is broken or is in any other way defective;

(18) any surface trap or gully not provided with a hinged grating or in which the grating is broken or is in any way defective;

(19) any chimney (not being a chimney of a private dwelling house) or any furnace sending forth smoke in such quantity as to be a nuisance; and

(20) any act, omission or thing which is, or may be, dangerous to life or injurious to health or property.

18.-(1) It shall be lawful for any Health Officer, on reasonable presumption of the existence of a nuisance on any premises, by an order in writing to authorise any officer of existence of the Sanitary Department, with an assistant or assistants,, to enter such premises at any time between 6 a.m. and 6 p.m. and to inspect the same.

nuisance

presumed.

(2) The inspecting officer shall produce and show the order to any person being, or claiming to be, the occupier of such premises: Provided that the inspecting officer shall not at any time enter any house or upon any land which may be occupied, should such occupier object to his entry, without previously giving the said occupier two hours notice in writing of his intention to do so.

fr

351

refusing

19. Any person refusing admittance to the said inspecting Penalty for officer, after such notice has been given, shall be liable to a admittance. fine not exceeding twenty-five dollars.

where

found on

20. When larvae of mosquitoes are found on any pre- Action mises, the Council may, on the advice of a Health Officer, mosquito give notice to the owner or occupier of such premises to larvae remove all accumulations of water from such premises or to premises. take steps to prevent the recurrence of the breeding of mosquitoes in any such accumulations of water, and such owner or occupier shall comply with such notice forthwith.

may serve

abatement

21. On the receipt of any information respecting the Council existence of a a nuisance, the Council shall, if satisfied of notice its existence, serve a notice on the author of the nuisance, or if requiring such person cannot be found, on the owner or occupier of the of nuisance. premises on which the nuisance arises, requiring him to abate the same within a reasonable time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided that-

(1) where the nuisance arises from the want, or defective construction, of any latrine accommodation, or where there is no occupier of the premises, notice under this section shall be served on the owner;

(2) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the Council may abate the same;

3) where the nuisance arises or continues by the act, default or sufferance of the owner, and such owner cannot readily be found. the Council may, if the nuisance urgently requires abatement, abate the same and recover all reasonable expenses from such owner;

(4) where the nuisance arises in or on any lane, yard, passage, landing, stairway, roof, latrine or other place, which is used in common by two or more occupiers of any premises which are occupied as dwellings, offices, workshops, factories or stores, notice under this section may be served on the

owner.

Council may

compliance

with by-laws.

22.--(1) It shall be lawful for the Council in any serve notice case where there is a contravention of any by-law, to issue a directing notice to the offender stating what is required to be done to carry out the provisions of such by-law, and to call upon him to comply with such notice within a reasonable time to be stated in the said notice.

(2) The Secretary, any Health Officer or such other officer as the Council may depute may, however, institute summary proceedings before a magistrate against any person contravening any by-law without the previous issue of such notice by the Council and the magistrate may impose a fine not exceeding fifty dollars.

review

notice.

23. If the person served with notice under section 20, Council may section 21 or section 22 is dissatisfied therewith, it shall be law- ful for him, within the time therein specified, to apply to the Council to review the same, stating the grounds of his applica- tion, and the Council shall thereupon inquire into the matter and shall confirm, modify, suspend or discharge the said notice, or extend the time allowed for compliance therewith.

On non- compliance

with notice

be made

before a magistrate.

a

352

24. If such person has not obtained from the Council modification or withdrawal of the notice, and con- complaint to tinues to make default in complying with the requirements thereof, or, in the case of a nuisance, if the same, although abated since the service of the notice, is in the opinion of the Council likely to recur on the same premises, the Council shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a magistrate, who shall thereupon issue a summons, requiring the person on whom the notice was served to appear before him.

Power of

magistrate to make an order

dealing with a nuisance.

Order prohibiting use, etc.,

of building unfit for human habitation.

Penalty for

order of magistrate or for defacing

any copy of such order.

25. (1) If the magistrate is satisfied that the require- ment of the Council is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the said premises, he shall make an order on such person--

(a) requiring him to comply with all or any of the require- ments of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or

(b) prohibiting the recurrence of the nuisance, and direct- ing the execution of the works necessary to prevent the re-

currence; or

(c) both requiring abatement and prohibiting the recur- rence of the nuisance.

(2) The magistrate may, by his order, impose a fine not exceeding fifty dollars on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order.

26. Where the nuisance proved to exist is such as to render any building, in the judgment of the magistrate, unfit for human habitation, he may by an order in writing prohibit the use thereof for the purpose until, in his judgment, it has been rendered fit for that purpose, and may direct that a copy of such order be affixed to the building in question, and may further order that such building, and the approaches thereto (if any), shall be properly closed and secured by the owner; and, on the magistrate being satisfied that it has been rendered fit for that purpose, he may by order declare the building habitable, and, from the date thereof, such building may be inhabited.

27. (1) Every person who fails to obey an order to contravening comply with the requisitions of the Council or of any Health Officer or of any select committee of the Council, and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during his default; and every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues; moreover, the Council may, by any officer, enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.

!

353

(2) Every person who defaces any copy of a magistrate's order, which has been affixed to any building or premises, shall be liable to a fine not exceeding fifty dollars.

re nuisances.

28.--(1) The competent authority to deal with nuisances Competent under this Ordinance shall be, unless the context otherwise re- authority quires, the Chairman of the Council or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent au- thority as hereinbefore defined, such authority shall serve a notice on the author of the nuisance or, if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate, who, either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

(3) In case the said nuisance shall not be abated within the time limited, it shall be lawful for a magistrate to make an order empowering the competent authority to abate the nuisance; and all expenses incurred by such authority in causing such nuisance to be abated as aforesaid shall forth- with be paid by the person against whom the original order to abate such nuisance was made, or, failing him, by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

(4) Whenever the demolition of any building or works or any part thereof shall take place under any order made under sub-section (3) it shall be lawful for the competent authority, in case of non-payment of the said expenses by the person liable to pay the same, to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

(5) In case the person liable to pay the same shall not forthwith pay all expenses incurred by the competent authority in the abating of any nuisance as required by this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

(6) Nothing in this Ordinance contained shall affect any other remedy for the abatement of nuisances.

(7) Notices issued by the Council relating to nuisances Form of shall be in the form in Schedule B with such modifications nuisance as may be necessary.

notice.

Schedule B.

Wells not

to be sunk

or re-opened without

permission of the Council

and

Building Authority.

Construction of wells.

Excavation allowing stagnant water.

354

Wells and Pools.

29.-(1) Except with the permission of the Building Authority and of the Council, which may be granted on a written application, it shall not be lawful to sink or re-open any well to be used for any other purpose than that of flushing water closets and urinals or to allow any such well to be sunk or re-opened.

(2) Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

30. No premises shall be so excavated as to admit of the formation on the surface thereof of pools of stagnant or other foul waters, and it shall be lawful for the Council to call

                          upon the owner of any premises whereon such pools may exist to fill up the same with good clean earth to the level of the sur- rounding ground, or to drain off such pools by means of surface-drains into any channel with which they may lawfully communicate.

Closing of insanitary

wells.

Obstruction

prohibited.

31.-(1) Where it is made to appear to the Council that any well is in an insanitary condition, or is likely to prove injurious to health. and that it is expedient that it should be closed and filled up, the Council may call upon the owner, by notice in writing, to close and fill up the same within the time limited in such notice.

(2) If such notice is not complied with, the Council may cause the owner to be summoned before a magistrate, who may make such order in the matter and as to costs as he may deem right. Should the magistrate order the well to be closed and filled up, he may impose a fine not exceeding five dollars for each day his order is not complied with.

Maintenance of Adequate Lighting and Ventilation.

32.-(1) In no case may any unauthorised obstruction in open space whatever be placed or erected in any open space provided for the efficient ventilation or lighting of any building under the provisions of any Ordinance.

Verandahs

not to be inclosed.

(2) No partition (other than such as may be necessary and balconies for the separation of the verandah or balcony of any building from the verandah or balcony of any adjacent building) shall be maintained in any verandah or balcony over unleased Crown land or over any street, nor shall anv such verandah or balcony be obstructed or inclosed wholly or in part (except by a balustrade not exceeding three feet in height) or used as a bathroom, urinal. water closet, sleeping apartment, store- room or kitchen, nor shall any rain or other water be discharged therefrom save in the manner provided by section 52 of the Buildings Ordinance, 1935.

Ordinance No.

1935.

of

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

1

a

355

or

to be

light or

33.-(1) No room shall be maintained or used for Every room sleeping purposes in any storey of any existing domestic provided building, or of any domestic building hereafter erected, with sky- unless such room is provided with a skylight, or with window.

window

or windows

either directly opening across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth of the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level:

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as he may deem expedient.

(2) No screens or partitions shall be erected or maintain- ed in any room on the ground floor of any domestic building with the exception of such as form one 'ping fung', one show- case, and one accountant's office.

Such structures must comply with the following require- ments, namely:-

(a) A 'ping fung' shall be composed of wire netting, lattice work, railings or carved wood-work which shall be arranged in such a manner as to leave at least two-thirds of its area open and as far as possible evenly distributed.

(b) A show-case shall not extend more than two-thirds across the width of the room and shall leave a space of not less than four feet measured vertically between the top of such show case and the underside of the floor or joists of the floor above.

(c) An accountant's office must have either-

(i) its partitions, with the exception of the one formed by a show-case, composed of wire netting, lattice work, railings or carved wood-work arranged in such a manner as to leave at least two-thirds open and as far as possible evenly distributed or

(ii) the whole of its front open with the exception of a counter not exceeding three feet and six inches in height, or in the case of a pawnbroker's shop not exceeding seven feet and six inches in height.

on repre-

Council

of storeys,

windows,

34.-(1) Whenever the Urban Council on the repre- Governor sentation of a Health Officer is satisfied that any of the rooms in Council in any block of domestic buildings are so dark as

so dark as to be sentation dangerous or prejudicial to the health of the inmates, the of the Council may recommend in writing to the Governor in may order Council the demolition of all storeys above the lowermost demolition storey of every third building in such block, and the provision provision of of additional windows for such of the buildings as are allowed additional to remain, and the carrying out of such consequential works and other as the Urban Council may deem necessary to render such works in buildings healthy and secure; and the Governor in Council cases, sub. may thereupon direct that such demolition and such ject to consequential works be carried out, and the amount of tion. compensation to be paid by the Government in respect of such buildings as are demolished wholly or in part shall be determined by arbitration in the manner hereinafter provided.

certain

compensa-

Ordinance No. 6 of 1901.

Obstruction

356

(2) The cost of any works carried out under this section, exclusive of any such compensation as aforesaid, shall be certified by the Building Authority, and the Governor in Council may thereafter impose, in such proportions as he may decide, a special improvement rate upon the owners of such of the ad cining houses as are in the opinion of the Governor in Council benefited by such works; such rate shall not exceed an annuity for such period not exceeding thirty years as may be agreed upon, which shall be calculated at the rate of five per cent. interest, and of which the present value shall be the cost above referred to. Every such rate may be recovered by the Treasurer in the same manner as if it were a rate imposed under the provisions of the Rating Ordinance, 1901. The owners may, however, pay such cost into the Treasury at any time within one month from its being notified to them as certified by the Building Authority, and, further, may at any time pay into the Treasury the present value of the balance of any annuity unexpired.

(3) The Governor in Council may permit any part of any works directed under this section to be carried out by the owner at his own cost, but subject to the satisfaction of the Building Authority and to such conditions and in accordance with such plans and particulars as the Governor in Council may direct.

35. No window of any tenement house shall be of windows obstructed by the erection of any structure or fitting

whatsoever, or by any household goods or merchandise.

prohibited.

Conditions

cubicles may

and main- tained.

Sleeping Accommodation

36.-(1) No cubicle shall be erected, or, if already under which erected, be maintained in any room unless such room be be erected provided with a sky-light or windows opening either directly or across a verandah or balcony into the external air, and having a total area equal to at least one-tenth of the floor area of such room and capable of being opened to the extent of one-half at least, and unless the area of such sky-light, window or windows which is clear of any obstruction to the light is equal to one-half at least of the total area of such sky-light, window or windows.

(2) Not more than three cubicles shall be allowed in any room, and, in the event of any room not having a window at the rear opening either directly or across a verandah or balcony into the external air, only one cubicle shall be allowed in such room.

(3) No cubicle shall be erected, or, if already erected, maintained, on the ground floor of any domestic building.

(4) The cubicle or cubicles in a room shall be so placed as to leave at least two-fifths of the width of the window or windows required by this Ordinance without any cubicle partition in front of such two-fifths.

(5) No cubicle shall have a less floor area than sixty- four square feet, nor a less length or width than seven feet.

(6) There shall be a space measured vertically between the top of every portion of the partition of every cubicle and the ceiling or undersides of the supports of the floor above, or of the roof, as the case may be, of not less than four feet.

357

(7) No cubicle or partition shall be erected, or if already existing shall be allowed to remain, in any kitchen.

(8) No portion of the structure of any cubicle shall exceed six feet in height.

(9) No portion of the structure of any cubicle except the necessary corner posts shall be nearer than two inches to the floor of such cubicle, and no structure shall be erected, or if already existing shall be allowed to remain, within any cubicle which is of a greater height than the maximum height allowed by this section for any portion of the structure of such cubicle or which provides a cover or roof to the cubicle.

(10) All cubicles and partitions referred to in this section shall be constructed of wood, metal or other material approved by the Building Authority and shall be painted, whitewashed or otherwise kept clean to the satisfaction of the Council.

Provided that the Council, with the consent of the Governor in Council, shall have power in all cases to grant a modification of or exemption from the requirements of this section upon such conditions, if any, as the Council may deem expedient.

premises

cubicles and

37. It shall be lawful for a magistrate, in his absolute Closure of discretion, to order the whole or any portion of any building, containing or of any storey containing a cubicle or partition, which is unauthorised contrary to the provisions of this Ordinance, to be forthwith partitions closed and to remain closed until the alterations or removal by order of magistrate. required have or has been certified in writing by the Secretary to have been made and completed to the satisfaction of the Council. Every person found living in any building or portion thereof so closed as aforesaid shall be deemed to have acted in contravention of this Ordinance and shall be punish- able accordingly.

may order

of cubicles,

do not

38. It shall be lawful for a magistrate in any case in Magistrate which it is proved to his satisfaction that any mezzanine floor, demolition cockloft, cubicle, partition or shop-division is not in and removal accordance with the provisions of this Ordinance, to order, partitions, either in addition to or in substitution for any penalty etc., which specified in this Ordinance, the immediate demolition, removal comply with and destruction thereof or of any portion thereof by any of the

                               provisions officer deputed by the Council, and no compensation shall Ordinance. be payable to any person in respect of any damage done thereto by such demolition, removal and destruction.

Adequate Latrine Accommodation to be Provided

provision of

tion to be

39. Should it appear to the Council that any building Inadequate or part of a building is without sufficient and proper latrine latrine accommodation and that such accommodation is accommoda- necessary for the use of the occupants of such building or dealt with by for the use of the persons employed in such building, or that the Council. the existing latrine accommodation available for use by the occupants of any building or by the persons employed therein is insufficient or for sanitary reason objectionable, the owner of such building shall, upon receipt of a written notice to that effect from the Council, provide a latrine, or additional latrines, to the satisfaction of the Council and also of the Building Authority, to whom plans together with the said notice shall be submitted before work is commenced.

Latrines

not to be connected directly

with drains.

Daily cleansing of pail latrines.

Water closets and

urinals.

358

40. No latrine other than a water-closet shall be main- tained or used so as to have any direct communication, by means of any pipe, drain or grating, with any underground private drain or public sewer, and any existing latrine, not being a water-closet, having such communication shall have the same completely cut off by the owner when so required. by the Building Authority.

41. In the case of pail latrines the closets and pails. shall be cleansed daily and the nightsoil removed and disposed of daily. Where pail latrines are provided for the use of tenants of blocks of tenement houses these requirements shall be carried out by such persons as the Council may direct.

42.--(1) No person shall maintain, or allow to remain water flushed on any premises owned or occupied by him, any water closet or urinal constructed before the 24th day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and the consent of the Governor in Council or was constructed in and is in a hospital.

(2) Except with the permission of the Council and in accordance with the terms of such permission no person shall construct any water closet or urinal; nor shall any person maintain or allow to remain on any premises owned or occupied by him, any water closet or urinal constructed since the 23rd day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and of the Colonial Secretary and in accordance with the terms of such permission.

(3) It shall be lawful for a magistrate to order the removal of any water closet or urinal whatsoever if the water closet or urinal was constructed or has been maintained without due permission or in breach of any of the terms or conditions of any such permission, or if the water closet or urinal has been kept in an insanitary or uncleanly condition or has no sufficient supply of water for the flushing thereof to the satisfaction of the Council.

(4) A magistrate shall order the removal of any water closet or urinal whatsoever which has not been removed within three months after a notice to remove it shall have. been served on either the owner or the occupier of the premises on which the water closet or urinal was being main- tained. Such notice shall be effective notwithstanding any intermediate dealing with the said premises.

(5) The notice.referred to in sub-section (4) may be given at any time by the Council and shall be in the absolute discretion of the Council.

may

(6) Any order of a magistrate under this section be made against either the owner or the occupier of the premises on which the water closet or urinal is being maintained.

(7) Any order of a magistrate made under this section shall be a complete authority to the person against whom it is made to remove the water closet or urinal in question.

(8) If the water closet or urinal is not removed within such time as may be limited by the magistrate it shall be lawful for a magistrate, without prejudice to any penalty to

"

359

which any person may be liable, to make an order empowering the Council and any person authorised by it to enter the premises and to remove the water closet or urinal in question; and all expenses incurred by the Council in causing such removal shall forthwith be paid by the person against whom the original order of removal was made, or failing him by the owner of the premises in question, without prejudice to any right of such person or owner to recover the amount of such expenses from any other person liable for the same.

(9) In this section 'urinal' means a water flushed urinal.

Limitation of Accommodation and Prevention of

Overcrowding.

buildings

43. A Health Officer or such other officer as the Measure- Council may appoint for this purpose shall, within such limits ment of as the Council may from time to time define, cause to as first step be measured the floor area and cubic capacity of all domestic towards

                               prevention buildings or parts thereof, and shall cause to be calculated of over- the number of occupants that may lawfully be accommodated crowding. in such buildings or any parts thereof in accordance with the provisions of this Ordinance, and shall cause such number in English and Chinese to be fixed to such buildings or parts thereof in such manner as the Council may from time to time direct.

44. In the calculation of cubic space for human Calculation habitation:-

(a) no height over ten feet shall be taken into account.

(b) no passage, lobby or other space partitioned off from any room to the height of the ceiling shall be included in the cubic space of such room.

(c) Every person over ten years of age shall be considered as an adult and every two persons of ten years or under shall be counted as one adult.

of cubic

space.

accommoda-

45. Every domestic building and any part thereof Limit of found to be inhabited in excess of a proportion of one adult tion. for every 35 square feet of habitable floor space or superficial area, and 350 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition :

Provided that :-

(i) Every domestic building within the mid-level district or within the Hill District, and any part thereof (with the exception of quarters occupied by servants), which is occupied by more than one adult for every 1,000 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition.

(ii) The provisions of this section shall not apply in the case of temporary structures provided for housing workmen during the progress of works.

responsible

46.-(1) It shall not be lawful for any householder or Lessor tenant to let or sub-let, or allow to be used for occupation, for any domestic building or any part thereof to or by so large crowding a number of persons as to cause the same to be in an over- crowded condition.

Steps to be

taken to

abate over- crowding.

360

(2) The householder or tenant (together with his family, if any) if resident in any such domestic building shall be counted in ascertaining whether such building or any part thereof is in an overcrowded condition.

(3) Where any domestic building or any part thereof is ascertained to be in an overcrowded condition between 11 p.m. and 5 a.m., such overcrowding shall be deemed to be prima facie evidence that such building, or part thereof, was let or sub-let in contravention of this section.

47.-(1) If any domestic building or part thereof shall be found to be in an overcrowded condition, any officer being duly authorised so to do may within five days apply to a magistrate to summons before him each tenant or householder of such building.

(2) If it be proved that the said domestic building or any part thereof was overcrowded within five days prior to the issue of the summons, the magistrate may inflict a fine not exceeding twenty-five dollars on the person summoned, and may further make an order for the abatement forthwith of such overcrowding.

(3) Every person who fails to obey any such order and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during such default, and every person who knowingly and wilfully acts contrary to any such order shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues.

(4) On the hearing the magistrate may make such order for the inspection, at any hour of the night or day, of the said domestic building or any part thereof as the circumstances of the case may require. Such order shall continue in force for a period not exceeding one month.

Limits of

      48. No room fitted with bunks or beds shall be so fitted fittings for

as thereby to provide sleeping accommodation for a greater sleeping accommoda- number of persons than are by law permitted to occupy the

tion.

Kitchen not to be used as sleeping

room or

latrine.

room.

49.-(1) Any room of a tenement house used as a kitchen shall not be used as a sleeping room, and the house- holder or tenant thereof shall be responsible that such kitchen is not so used.

(2) In no tenement house shall any latrine accomodation be constructed or maintained in any kitchen or other place where food is prepared.

Basements

not to be cccupied without

permission.

Basements.

50. It shall not be lawful, without the written permission of the Council, to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used, any basement for habitation or for occupation as a shop, workshop or factory, and no basement shall be so used unless it is well lighted, ventilated and drained, and is free from damp and is rendered rat-proof to the satisfaction of the Council.

361

Public Latrines.

51.-(1) No public latrine shall be erected until the Sanction of sanction of the Council in writing has been obtained.

Council

necessary for erection

latrines.

(2) The Council shall not incur any legal liability in of public respect of having granted such sanction, nor shall such sanction protect the owner of any public latrine from any liability to an injunction or other legal proceedings should the latrine be at any time so conducted as to become a nuisance, or its erection be contrary to agreement or be otherwise wrongful.

52. When, in the opinion of the Council, additional Council may public latrine accommodation is required in any locality upon apply to unleased Crown Land, the Council may apply in writing to the for additional Governor, through the Colonial Secretary, specifying the site public upon which it desires the erection of a public latrine, and the accommodation to be provided by such latrine.

latrines.

of intention

53. If such application is approved by the Governor Notification a notification shall be published, in English and Chinese, in to erect three successive numbers of the Gazette, specifying the site public and notifying that the Government proposes to erect thereon a public latrine.

Ïatrine.

latrine.

54.-(1) If any owner or occupier of property in the Objection immediate vicinity of such site objects to such erection, such

to erection of public objection must be sent in writing to the Colonial Secretary so as to reach his office not later than one week after the publica- tion of the last of such notifications.

(2) Such objection must state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

tive Council

55. If such objection is so duly made and is not with- Resolution drawn the Government shall not be entitled to claim the im- of Legisla munity conferred by section 56, unless, after such objection where has been considered, a resolution of the Legislative Council objection is passed approving of the site and the erection thereon of such latrine.

is made.

granted or

56. Where such resolution as is mentioned in section 55 No injunc- has beeen passed or where no objection has been so duly tion to be made or has been withdrawn, no injunction shall be granted suit to be against the erection, continuance or use of such latrine, nor brought in shall any suit be brought for damages or compensation in cases. respect of such erection, continuance or use.

certain

latrines

57. The immunity with regard to injunction and suits Existing conferred by section 56 is hereby extended to all the Govern- public ment public latrines existing at the commencement of this protected Ordinance, as fully as if the resolution referred to had been injunction. passed in each case.

from

control

58. The Council shall have the control and management Council to of all Government public latrines erected under the provisions public of this Ordinance, or protected thereby, and any provisions latrines. relating to public latrines shall apply to all Government public latrines.

59. Nothing in this Ordinance contained relating to Saving of public latrines shall in any way be deemed to derogate from rights."

                                existing any existing rights or powers of the Government.

Council may restrict washing of clothes by washermen to public laundries.

Nuisances in factories or workshops,

etc.

Proper latrine accommoda- tion to be provided.

Maintenance

362

Laundries.

60. The Council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling except at public laundries or at such other places as it may appoint for the purpose.

Maintenance of Sanitary Conditions in Factories.

a man-

61. Whenever it appears to the Council that any factory or workshop is damp or that it is not ade- quately lighted or is not ventilated in such ner as to render harmless, as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried on therein, or is not maintained in a clean- ly condition, or is so overcrowded during the time in which work is carried on as to be dangerous or injurious to the health of the persons employed therein, the Council may, by written notice, require the owner thereof to take such steps as the Council may consider necessary to prevent such dampness, or adequately to light or ventilate the premises, or to render harmless as far as practicable any gas, vapour, dust or other impurity, or to cleanse the premises, or to prevent the same from being overcrowded.

62. Every factory and workshop whatsoever employing not less than 20 persons shall be provided by the owner thereof with proper latrine accommodation on the premises, for the separate use of persons of each sex, to the satisfaction of the Council.

     63. Every factory and workshop shall be kept in a of cleanliness. cleanly state.

Lime- washing.

Avoidance

64.-(1) All the ceilings and inside walls of a factory or workshop shall be limewashed at least once a year. If these have been oil painted or varnished they shall be washed with hot water and soap once every fourteen months.

(2) The Council may by special order grant exemptions from requirements as to limewashing or washing.

     65. Every factory or workshop shall be kept free from of effluvia. effluvia arising from any drain, latrine, urinal or other

Accommoda- tion

according

nuisance.

66. When less than 250 cubic feet of air space per person are provided in a factory or workshop such factory or to air-space. workshop shall be held to be so overcrowded as to be danger-

ous or injurious to the health of those employed therein.

Number of occupants

to be

posted.

Maintenance

of ventila-

tion.

67. In every factory and workshop a notice must be affixed specifying the number of persons which can be em- ployed in each room.

68. In every room in every factory and workshop. sufficient means of ventilation must be provided and main- tained.

363

Regulation of Dangerous, Unhealthy or Offensive

Trades or Occupations.

permission

69.--(1) No person shall establish or carry on in any Special premises any dangerous or any offensive trade in any of Council part of

the Colony, without the special permission necessary

                                         before any in writing of the Council, and a magistrate may,

                       in dangerous or addition to any penalty which he may inflict for a con- travention of this section, order the closing of any such established. premises for such period as he may deem necessary.

(2) For the purposes of this section, any such business shall be deemed to be established not only if it has been estab- lished but also if it is removed from any one set of premises to any other premises, or if it is renewed on the same set of premises after having been discontinued for a period of twelve months or upwards, or if any premises on which it is carried on are enlarged without the permission of the Council; but a business shall not be deemed to be established anew on any premises by reason only that the ownership or occupancy of such premises is wholly or partially changed, or that the building in which it is established having been wholly or partially pulled down or burnt down has been reconstructed without any extension of its area.

Provided always that any permission given by the Council under this section shall be revocable at any time by the Council.

offensive trade can be

70. The Council may by an order in writing prohibit the Council may

prohibit occupation for domestic purposes of any building in which any domestic dangerous or any offensive trade is carried on.

Keeping of Cattle, Swine, etc.

occupation of dangerous trade building.

required for

71. The keeping of cattle, swine, sheep or goats with- Licences out a licence from the Council is prohibited, and every person keeping who keeps any such animal, either without a licence from cattle, swine, the Council or in a

in a manner contravening such sanitary goats.

                               sheep or conditions as may be indorsed on such licence, shall be liable to a fine not exceeding fifty dollars, and, further, to forfeit all or any of the animals in respect of the keeping of which he has so offended.

72. No person shall bring into the Colony, or drive, Prevention of carry, transport, remove, or have or keep, or knowingly suffer suffering. to be had or kept under his control or on his premises, any animal or other creature in any way which may cause it need- less or avoidable suffering.

PART IV.

DISPOSAL OF THE DEAD.

Cemeteries.

may

73.-(1) It shall be lawful for the Governor in Council, Governor by notice published in the Gazette, to authorise places to be in Council used as cemeteries or urn cemeteries, and it shall be lawful authorise for the Urban Council by by-law to set apart any portion of use of any authorised cemetery as an urn cemetery.

laces for cemeteries and Urban Council may set

apart portions for urn cemeteries.

364

(2) The cemeteries and urn cemeteries set forth in the list immediately following this section, and such other ceme- teries and urn cemeteries as may be authorised by the Governor in Council, and such urn cemeteries as may be set apart by the Urban Council, shall be deemed authorised cemeteries or urn cemeteries as the case may be.

(3) The cemeteries and urn cemeteries set forth under the sub-heading 'Closed' in the list of authorised cemeteries and urn cemeteries immediately following this section shall be deemed to have been closed.

(4) It shall be lawful for the Governor in Council, by notice in the Gazette, to close any authorised cemetery or urn cemetery.

Authorised cemeteries.

Authorised Cemeteries.

The Mount Caroline Cemetery. The Kai Lung Wan Cemetery.

The Kai Lung Wan Cemetery, East.

The Aberdeen Cemetery, Sham Wan.

The Shek O Cemetery.

The Stanley Cemetery.

The Chai Wan Cemetery.

The Fukienese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Pokfulam Road. The Chinese Permanent Cemetery, Aberdeen. The Colonial Cemetery, Happy Valley.

The Roman Catholic Cemetery, Happy Valley.

The Mahomedan Cemetery, Happy Valley. The Hindoo Cemetery, Happy Valley. The Zoroastrian Cemetery, Happy Valley. The Jewish Cemetery, Happy Valley.

The Eurasian Cemetery, Mount Davis.

The French Mission Cemetery, Pokfulam.

The Roman Catholic Cemetery, Sookunpoo.

The Aplichau Urn Cemetery.

The Cheung Sha Wan Urn Cemetery.

The Chai Wan Urn Cemetery.

The Ho Mun Tin Urn Cemetery.

The Sai Yu Shek Urn Cemetery.

The Sookunpoo Urn Cemetery.

The Telegraph Hill Urn Cemetery.

The Kai Lung Wan East Urn Cemetery.

The Aberdeen (Sham Wan) Urn Cemetery.

The Christian Chinese Cemetery, Stanley.

365

The New Kowloon Cemetery No. 1.

The New Kowloon Cemetery No. 2.

The New Kowloon Cemetery No. 3.

The Kowloon Inland Lot No. 2148 Cemetery.

The Kowloon Cemetery No. 1.

The Kowloon Cemetery No. 2.

The Kowloon Cemetery No. 3.

The Kowloon Cemetery No. 4.

The New Kowloon Urn Cemetery No. 5.

'Closed'.

The Mount Davis Cemetery.

The Ma Tau Wai Cemetery.

The Kai Lung Wan Extension Cemetery.

The Po Kong Cemetery.

The Shamshuipo Cemetery.

The Tseung Lung Tin Cemetery, Cha Kwo Leng.

The Sai Yu Shek Old Cemetery.

The Kowloon Tong Cemetery.

The Cheung Sha Wan Cemetery.

The Kennedy Town Cemetery.

The Hau Pui Lung Cemetery.

The Tai Shek Ku Urn Cemetery.

The Christian Chinese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Kowloon Tong.

The Indian Cemetery, Tai Shek Ku.

Closed

cemeteries.

outside a

74. Every person who, without the written permission Penalty for of the Governor granted on the recommendation of the burial Council, buries any dead body elsewhere than in an authorised cemetery. cemetery which has not been closed, and every person who without such permission deposits an urn containing the remains of any dead body elsewhere than in an authorised cemetery which has not been closed, shall upon summary conviction be liable to a

be liable to a fine not exceeding one hundred dollars.

and removal

75.-(1) Subject to the provisions of this section it Exhumation shall not be lawful without a permit, granted in the manner of remains, hereinafter provided, to exhume any body or the remains of except by any body which may have been buried in any place or to prohibited. remove the remains of any body from any urn which may have

permit,

Persons to whom

permits may be issued.

Authorities for issuing permits.

Council may

to managers

366

been deposited in any place, and every person who exhumes any body or the remains of any body, or who removes the remains of any body from any urn, contrary to the provisions of this Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

(2) Subject to the provisions of sub-section (4), such per- mit shall be granted only to the legal personal representative or next of kin of the person whose body or the remains of whose body are concerned or to the duly authorised agent of such legal personal representative or next of kin.

(3) Such permit may be granted--

(a) in respect of any authorised cemetery or urn ceme- tery, by the Council under the hand of the Secretary, and

(b) in respect of any place other than an authorised ceme- tery or urn cemetery, by the Governor under the hand of the Colonial Secretary.

(4) Notwithstanding the provisions of sub-section (2), it grant permits shall be lawful for the Council, under the hand of the Secretary, of cemeteries. to grant to the manager or managers of a leased cemetery a permit for the removal of any body or the remains of any body from any place in such leased cemetery.

Governor may grant permits.

Permitting authority

may

prescribe conditions.

Permit where grave held

under Crown Lease.

Power of

Governor to remove any body or remains.

Six months notice required.

Duty of Secretary

for Chinese Affairs.

(5) Notwithstanding the provisions of sub-section (2), it shall be lawful for the Governor, under the hand of the Colonial Secretary, to grant a permit, for the removal of any body or the remains of any body from any place other than an authorised cemetery, to any person who in his opinion has a sufficient interest in the disposal of the body or remains in question.

(6) The permitting authority may in each case prescribe such conditions as he may deem fit, and any person who neglects to observe the conditions of the permit shall upon summary conviction be liable to a fine not exceeding two hund- red dollars.

(7) No such permit shall be granted in respect of any grave or urn on land held upon lease from the Crown without the written consent of the Crown lessee or his duly authorised agent.

(8) Notwithstanding anything contained in this section, it shall be lawful for the Governor, whenever he shall deem it expedient, to remove any body or the remains of any body from any grave or urn whatsoever and by order under his hand to direct such removal to be made in such manner as he shall think fit.

(9) No such order shall be made directing any such re- moval from an authorised cemetery or urn cemetery until six months notice of the intention to make it shall have been given by notification in the Gazette.

(10) When an order is made directing a removal from any place other than an authorised cemetery or urn cemetery, the Secretary for Chinese Affairs shall take such steps, if any, as he may deem necessary for giving notice to the persons interested in the disposal of the body or remains.

367

proper

reburials.

(11) The Government shall make proper and fitting ar- Fitting and rangements for the reburial in an authorised cemetery or urn arrangement cemetery of any body or the remains of any body removed to be under sub-section (8) and for the removal and re-erection of made for any monument, all charges in connexion therewith being de- frayed out of the public revenue : Provided that, when it is desired otherwise to dispose of bodies or the remains of bodies of persons of Chinese race in accordance with Chinese custom, the necessary permission shall be given, subject to such con- ditions as the Governor may prescribe, all reasonable expenses in connection with such disposal, if within the Colony, being defrayed out of the public revenue.

Chairman

(12) Any body or the remains of any body hereafter Power of buried or deposited without permission elsewhere than in an to dispose authorised cemetery or urn cemetery shall be liable to removal of body without notice by direction of the Chairman of the Council without and may be disposed of as he may direct.

(13) When any body or the remains of any body is or are removed under any of the provisions of this section, it shall be lawful to remove also any grave or urn in which such body or remains are found.

buried

permission.

Removal of

grave or urn

of urn

(14) If any urn or the human remains contained therein Abatement be found in any authorised cemetery to be causing a nuisance nuisance. and the next of kin of the deceased cannot readily be found, it shall be lawful for any Health Officer to abate the nuisance by causing the urn to be reburied in a position as near as may be to that in which it was found.

(15) There shall be kept at the office of the Council a record of every permit granted and of every order or direc- tion made under the provisions of this section, other than permits, orders or directions relating to urns. Such record shall contain particulars, so far as the same can be ascertained, of the race, nationality, name, sex and age of the persons whose bodies or the remains of whose bodies have been re- moved under the provisions of this section, and particulars of the places from which and to which the same have been removed. Such record shall be open to inspection by any person during office hours.

Records to be kept at office of Council.

(16) Notwithstanding anything contained in this section, Powers of it shall be lawful for a magistrate to order the exhumation of magistrate. any body or the remains of any body for the purpose of inquiry into the death of any person.

PART V.

GENERAL.

Service of Notice, Summons or Order.

summonses

76. Any notice, summons or order given, issued or Service of made under the provisions of this Ordinance, may be served notices, upon the person affected by the document to be served, either or orders. personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last-known place of

368

business or of residence of the person to be served, or, if there is no occupier of such premises, or if no address in the Colony of the person to be served is known, by posting up the document to be served on a conspicuous part of the premises to which the same relates : Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or, if the whereabouts of such owner or agent be unknown, by posting a registered letter addressed to such owner or agent at his last-known place of residence or of business in the Colony.

Penalty for

contraven-

tions.

Recovery

Contraventions and Penalties.

77. Every act, failure, neglect or omission whereby any requirement or provision of this Ordinance is contravened, and every refusal to comply with any of such requirements or provisions, shall be deemed a contravention of this Ordinance.

     78. All penalties imposed by this Ordinance may be of penalties. recovered summarily at the suit of the Secretary or of such

other officer as the Council may depute.

Penalty

nuisance.

79. Every person who as architect, engineer, clerk of for building works, contractor, foreman or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner of any build- ing or works on which any such nuisance exists, shall upon summary conviction be liable to a fine not exceeding two hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing

80. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or magistrate's who, without reasonable excuse, refuses to permit any Health

to obey

order or obstructing

Health Officer.

Penalty for other contraven- tions.

Liability of secretary or manager of company.

Proceedings against several

persons.

Officer or other officer of the Sanitary Department, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders any such officer as aforesaid in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

81. Every person who contravenes any of the provi- sions of this Ordinance or of any by-law made thereunder, in respect of which contravention no special penalty is otherwise provided, shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

82. Where a contravention of any of the provisions of this Ordinance is committed by any company or corporation, the secretary or manager thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

83. Where proceedings under this Ordinance are com- petent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

>

369

wo

Appeal to the Governor in Council.

Governor in

any person

with power

under this

84.-(1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or of any person Council to whom discretionary power is given under this Ordinance in against respect of any act, matter or thing which is by this Ordinance decision of made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of the Council or of

any such person either as to the carrying out of or the meaning of any Ordinance. of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such

such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.

Council

in any state case for the Fall Court on question

appeal to

opinion of

85.-(1) In any appeal under the provisions of section Governor in 84 the Governor in Council may at any time in his discretion empowered direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

(4) The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council.

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 84.

of law.

Governor

86. Every order of the Governor in Council on any Order of appeal shall be final and may be enforced by the Supreme in Council Court as if it had been an order of that court.

enforced by the Court.

Reimburse- ment of

expenses.

Recovery

Ordinance

370

Recovery of expenses by the Council.

87. All reasonable expenses incurred by the Council in consequence of any default in complying with any order or notice issued under the provisions of this Ordinance shall be deemed to be money paid for the use and at the request of the person on whom the said order or notice was made, and shall be recoverable from him in the ordinary course of law at the suit of the Secretary. The provisions of this section. shall apply to any orders or notices issued under any by-law by the Council or by any duly appointed committee of the Council

88. The provisions of the Crown Remedies Ordinance, of expenses. 1875, shall apply to the recovery of all such expenses, and the certificate required by that Ordinance shall be signed by the Secretary.

No. 6 of

1875.

Granting of certificates by Council.

Certificates.

89. Certificates and written permissions of the Council under this Ordinance or under any by-law may be given under the hand of the Secretary or such other officer as the Council may appoint in that behalf. Such certificates and permits shall for all purposes be prima facie evidence of the matters therein stated.

Obstruction of streets prohibited.

Private streets.

90. No shed, lean-to, shelter, show-case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor in Council.

Submission

of claim.

Appointment

of arbitra- tors.

Arbitrators.

91. No suit, action or other proceedings shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment payable is otherwise provided for by this Ordinance, submit to the Colonial Secretary, on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, if any such plans are so deposited, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

92. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following:

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claim- ing compensation.

(2) The two arbitrators so nominated shall view the pre- mises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final

· 371

(3) In case of disagreement the arbitrators shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(4) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

on which

93. (1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such purpose compensation the value of any land resumed or of any building thereon- to be based.

No. 6 of

1901.

(a) may take into consideration the rateable value and Ordinance the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state;

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the maintenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisi- tion being compulsory.

(2) The said arbitrators or umpire shall also receive evidence to prove-

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel or as a gaming house or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall-

(a) in cases (a) and (b), so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c), be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

(c) in case (d), be based on the value of the land and of the materials of the buildings thereon.

Vacancies

among

arbitrators.

Breach of

modification

372

94. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by the claimant, shall be filled by some other person so appointed.

Miscellaneous.

95. The breach of or failure to perform any term or condition of condition attached to any modification of or exemption from or exemption. any provision of this Ordinance shall entitle the authority by whom such modification or exemption was granted to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

Registration

of modifica- tion and

thereof.

96. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and cancellation of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the pro- perty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

Limitation of personal liability of

97. No matter or thing done by the Council or Building Authority or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person the Council, whomsoever acting under the direction of the Council, a Health

members of

Building Authority and others.

Protection of persons acting

under the Ordinance, Ordinance

No 31 of 1911.

Application

of Ordin- ance to

New

Territories,

etc.

Certificates granted under

Ordinances repealed preserved.

Officer or the Building Authority, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

98. The provisions of section 48 of the Interpretation Ordinance, 1911, shall apply to actions or proceedings com- menced against the Council, a Health Officer, the Building Authority or any person acting under their or his direction, or against any member of the Urban Council or any officer or other person acting in his aid, for anything done or intended to be done or omitted to be done under the provisions of this Ordinance.

99. This Ordinance and the regulations and by-laws made thereunder shall not apply to any part of the New Terri- fories, except New Kowloon, unless and to such extent as the Governor in Council shall by order otherwise direct.

100. Nothing in this Ordinance shall be deemed in any way to derogate from or lessen the validity or effect of any licence, certificate or written permission of the Sanitary Board granted before the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate or written permission.

373

101. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by Proclamation as the ment. commencement of this Ordinance.

SCHEDULE A.

[s. 5 (2).]

BY-LAWS.

Basements.

be fulfilled

1. The conditions under which alone it shall be lawful to live in, Conditions occupy or use for habitation, or to let or sub-let or to suffer or permit to which must be used for habitation, any basement shall be that such basement is pro- before а vided with one window at least opening into the external air, and that basement the total area, clear of any obstruction to the light, of such window or can be windows is at least one-tenth of the floor area of such basement: occupied as

Provided always that the Council may, if it thinks fit, grant permission a habitation. in writing to obstruct or cover such area in any manner which may be previously approved by the Council.

2.-(1) The conditions under which alone it shall be lawful to Conditions occupy or use, or to let or sub-let, or to suffer or permit to be used under which for occupation as a shop, workshop or factory, any basement shall be a basement that such basement complies with the provisions of the preceding occupied as by-law and is lit, ventilated and maintained in a sanitary condition a shop, to the satisfaction of the Council.

(2) Such shop, workshop or factory may not be used for habita- tion except by such number of persons as the Council may authorise in writing, and in every case in which the Council authorises any person or persons to use for habitation any such shop, workshop or factory, sleeping accommodation shall be provided by the erection of a cockloft or bunks which shall have a clear space of at least 4 feet between it or them and such side or sides of the basement as abuts or abut against the earth or soil.

can be

workshop or factory.

Cattle, Swine, etc.

1. Annual licences expiring on the 31st December of the year in Licences which they are granted shall be issued for the keeping of cattle, swine, expire in sheep and goats.

December.

2. Any person desirous of obtaining a licence to keep cattle, Application swine, sheep or goats shall make application to the Council by means for licence. of a properly filled in form, for which purpose blank forms can be obtained from the Secretary at his office.

houses.

3. No building in which cattle, swine; sheep or goats are housed Regulations shall be situated nearer than six feet to any dwelling house nor shall as to animal such building in any way connect with a public or private sewer except with the special permission of the Council. Such building shall be built of brick or stone or other material to be approved by the Council and shall be lighted and ventilated to the satisfaction of the Council, and the flooring thereof shall be of granite slabs, concrete, or other impervious material and provided with watertight channels for draining allurine and fluid noxious matters into a watertight covered sump or such other place as may be approved by the Council. The sump shall be constructed to the satisfaction of the Council and shall be emptied and the contents thereof together with the solid manure in the building removed daily. The Council may, however, waive any of these conditions, provided that in the opinion of the Council such can be done without danger to the public health.

Area and

cubic space for a cow.

Area and

cubic space for a sheep

or goat.

Area and

cubic space

for each

pig.

Concerning cleanliness

and lime- washing.

Buildings licensed for

animals not

to be used

for other purposes.

Licensed buildings

to be open to inspection.

Disease to

374

4. Each COW shall have at least thirty-two square

                               feet of standing room, and three hundred and sixty cubic feet of air space; in no case shall a cattle-shed be less than twelve feet in height.

5. Each sheep and goat shall have at least eight square feet of standing room and ninety cubic feet of air space.

6. Each pig shall have at least eight square feet of standing room, and every pigsty shall be not less than four feet in height at its lowest part.

7. The buildings shall be at all times kept in a cleanly condition and the walls be scraped and limewashed during the months of January and July in each year.

8. A building for which a licence is held to house cattle, swine, sheep or goats shall not be used for any other purpose than the housing of such animals.

9. Buildings in which cattle, swine, sheep and goats are housed. shall be at all times open to inspection by any member of the Council, Health Officer or Sanitary Inspector.

10. Every licensee or, in his absence, the person in charge of the be reported. animals shall, with all possible speed, report to the Colonial Veterinary Surgeon or to the officer in charge of the nearest police station any and every case of disease occurring amongst his animals. In the event of an animal dying, the carcase shall not be removed or buried without an order in writing from the Colonial Veterinary Surgeon or from some person authorised by him.

Cancellation of licence.

Calculation of cubic space for calves.

Calculation of cubic space for

lambs or kids or young pigs.

Water supply for animals.

Restrictions as to

grazing.

11. The Council may, in its discretion, cancel any licence to keep animals on the holder of such licence being a second time convicted before a magistrate for a breach of these by-laws.

12. In the calculation of cubic space under by-law 4 two calves under one year shall be counted as one cow.

13. In the calculation of cubic space under by-laws 5 and 6 two lambs, two kids and two young pigs under four months shall be counted as one sheep, one goat and one pig respectively.

14. Any person desirous of obtaining a licence for a building in which animals are to be housed shall make adequate provision that such building shall have a suitable supply of good wholesome water for the use of the animals to be housed therein, and such supply of water shall be within such distance of the building as shall in each case be determined by the Council.

15. No cattle or goats shall be turned out to graze, except on fenced land in the possession or occupation of the owner of such cattle or goats, without a written permit which may contain conditions as to hours of grazing, area to be grazed and other matters.

1

Power of

Cemeteries.

     1. Every cemetery shall be at all times open to inspection by any members of member of the Council or by any officer directed by the Chairman to

Council or

authorised

officers to inspect cemeteries.

make such inspection.

A. CEMETERIES OTHER THAN CHINESE CEMETERIES.

Graves to number. bear a

2. Every grave shall bear a number.

375

3. A register shall be kept by the person or persons in charge of Registers each cemetery, and the date of burial, naine, sex and age of each to be kept. person shall be entered therein against the number of the grave in which the corpse is interred. Such register shall be open to inspection by any member of the public at any reasonable hour.

4. Each grave shall be dug to a depth of at least 5 feet, with the Depth of exception of the graves of children under 10 years of age which need graves. not exceed 4 feet in depth.

a grave.

5. Except in the cases hereinafter specified only one corpse shall Number of be placed in one grave. Exceptions: (A) In the case of the interment corpses of children under 10 years of age more than one corpse may be interred allowed in in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface; (B) More than one member of the same family may be interred in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface.

6. The interspace between any two coffins (except when buried Interspace in a single grave under by-law 5) at any point shall be at least 18 between inches.

coffins.

7. Each grave shall be properly covered with turf or such other Graves to material as may be approved by the Council, within 12 months be covered of the grave being filled in.

with turf or other material.

8. Except for the purpose of a further interment under by-law 5, Reopening no grave may be re-opened after a corpse has been interred therein of graves. without the written permission of the Council or an order of a magistrate.

9. Any person proposing to inter a corpse shall give not less than Inspector of two hours' notice to the Inspector of Cemeteries of the hour and cemeteries cemetery at which it is proposed that such interment shall take place. to be given

two hours notice of burial.

10. (1) The fees to be charged in the Colonial Cemetery shall be Fees. as follows:

For each grave space of 15 square feet

Grave digging

Exhumation of corpse...........

Exceptions.

For each grave space for children under 10 years

of age..

Grave digging

Second burial in the same grave

Pauper interment

Monuments.

$10.00

1.00

5.00

5.00

1.00

free

free

A monument over any grave space or any enclosure of a grave space not occupying more than 15 square feet

free

(2) No monument over a grave space or enclosure of the surface of a grave space occupying more than 15 square feet shall be erected or made without permission of the Council which may, if it thinks fit, grant such permission upon payment of a fee of $2 for each square foot to be occupied by the monument or enclosure in excess of 15 square feet.

for certain

11.--(1) There shall be set aside special sections in the Colonial Special Cemetery for the burial of Naval and Military commissioned officers, sections of civil servants, residents of more than 20 years' standing, residents of cemeteries more than 7 years' standing, children and destitutes. The Chairman classes. of the Council or in his absence the Vice-Chairman may, however, grant permission for the interment of any person in any of the above mentioned sections. A map of the Cemetery showing the above. sections shall be kept in the office of the Council and be available for inspection by any member of the public.

Burning of joss-sticks and firing of crackers prohibited.

376

(2) Application for permission to inter a corpse in any special section, not already provided for, shall be made in writing to the Secretary and shall be decided upon by such person or persons as the Council may appoint; if no such application is made, every corpse shall be buried in such position as the Chairman shall direct.

12. The burning of joss sticks and firing of crackers is prohibited. in that portion of the Colonial Cemetery set apart under Ordinance No. 38 of 1909 for the burial of persons professing the Christian religion.

Lay-out.

1

Plans to be placed on

B. CHINESE CEMETERIES.

13. Each cemetery shall be laid out in sections of such size and arranged in such manner, and such cemetery or any part thereof may be set apart for re-interments after exhumation and for the storage of the remains in pots or urns, as may be directed by the Council.

14. A plan of each cemetery showing the various sections shall be on view at or near to the cemetery and at the offices of the Council.

view.

Monthly register to be kept.

or near

Number of

corpses per grave.

Each grave to be filled.

Reopening of grave prohibited except with permission of Council.

Fees.

15. A monthly register shall be kept in the Chinese language at

and

of sex each cemetery, and the date, name,

                                 age each person shall be entered therein against the number of the grave in which the corpse is interred. These registers shall be deposited at the office of the Council after a period of two years, and shall filed there.

16. Except as regards the corpses of children under ten years of age, only one corpse shall be placed in one grave. In the case of the corpses of children under ten years of age, two corpses may be placed in one grave.

17. Each grave shall be filled in to the satisfaction of the Council.

18. Except on an order of a magistrate, no grave may be re- opened after a corpse has been interred therein without the written permission of the Council, nor (except where no charge has been made for the grave space) without the written consent of the next of kin of the person buried, if such next of kin can be found.

19. The following fees shall be charged for each grave space and interment or for storage in pots or urns of the exhumed remains of natives of Hong Kong or other persons buried in this Colony in the various sections of the cemeteries:

Section A-free; 50 cents for digging and filling in each grave. Section B-$1, and $1 for digging and filling in each grave. Section C $2, and $1 for digging and filling in each grave.

Section D-(1) for 4 square feet..

Areas of

(2) for 15 square feet..

(3) for every additional 15 square feet up to

75 square feet

$ 5.00

$10.00

$10.00

20. The areas of the grave spaces in the various sections shall not grave spaces. exceed the following dimensions:-

Depth of grave.

Exemption

Section A.-7 feet long by 2 feet wide with 18 inches interspaces. Section B.-7 feet long by 23 feet wide with 18 inches interspaces. Section C.-8 feet long by 3 feet wide with 18 inches interspaces. Section D.-75 square feet with 18 inches interspaces.

21. Each grave shall be dug to a depth of at least 5 feet with the exception of the graves of children under 10 years of age which need not exceed 4 feet in depth.

    22. The foregoing by-laws shall not apply to the Chinese Per- of Aberdeen manent Cemetery at Aberdeen.

Cemetery.

377

Conservancy.

1. The Council shall have the exclusive right to collect, remove Rights of and dispose of, or to delegate to others the right to collect, remove and Council with dispose of, all excretal matter from latrines (other than water closets), regard to and all matter so collected shall be the property of the Council excretal who may sell or otherwise dispose of it.

matter.

2. (1) The Council shall provide a departmental service or employ Removal contractors for the removal of excretal matter from the following of excretal buildings (where not fitted with water closets):-

(a) All buildings in the Hill District.

matter to be done by con- tractors or

(b) All Government buildings (including Government latrines) and by depart- all privately owned public latrines in the following districts:-

(i) The City of Victoria, Wong Nei Chong Village and Road (South of City Boundaries), Tai Hang Village, Sookunpoo Valley, Tung Lo Wan, Whitfield and Shaukiwan Road from City Boundary to Joint Cable Houses.

(ii) The Villages or districts of Shaukiwan, Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Shaukiwan Road (East of Joint Cable Houses), Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Aplichau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purpose of these by-laws the Council may determine the boundaries of any such village, district or portion.

(iii) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as conservancy

contractors.

(3) The terms and conditions of conservancy contracts shall be settled by the Council subject to the approval of the Governor.

(4) In districts where a departmental service is provided the Urban Council shall have power to charge such fees for collecting excretal matter as it may with the consent of the Governor in Council from time to time determine.

mental

service.

3. Every servant of a conservancy contractor shall, while at work, Servants of wear such distinguishing badge as shall from time to time be directed contractors by the Council.

to wear distinguish- ing badges.

ments for

removal of excretal

matter.

4. The occupier of any premises which are situated within any Arrange- of the districts specified in by-law 2, or, if there be no occupier, the owner or immediate landlord, shall, unless such premises are a Govern- ment building or a privately owned public latrine, make due provision for the daily removal of all excretal matter from such premises for delivery thereof to the servants of a conservancy contractor or to servants of the Sanitary Department appointed for the purpose, and shall not dispose of any such excretal matter in any other manner.

He shall also afford access to any servant of a conservancy con- tractor or of the Sanitary Department for the purpose of the removal of excretal matter from any part of the premises, and, if the open space appurtenant thereto is enclosed, the gate or door shall be opened for such purpose whenever required.

Provided that this by-law shall not apply to any building provided with water closets adequate for the disposal of the excreta of all the occupants of such building.

5.-(a) The occupier of every privately owned public latrine which Removal of is situated within any of the districts specified in by-law 2 shall provide excretal not less than one bucket per seat for the storage of excretal matter in matter from rough weather and for the removal of excretal matter.

                  Such buckets privately shall be of a pattern approved by the Council.

(b) The occupier of every such latrine shall allow the con- servancy contractor for that district or servants of the Sanitary Department to remove all excretal matter from such latrines, and shall pay to such conservancy contractor, or, if a depart-

owned public latrines.

Conservancy boats.

Conveyance of excretal matter re- stricted to times between midnight

and 6 a.m.

Precautions

excretal

matter.

378

mental service be provided, then to the Council, for the removal of the excretal matter from the latrine to Kwai Chung Bay at the rate of ten cents per picul of nightsoil (tai fo) and five cents per picul of urine (shui fo):

 Provided that it shall be lawful for the Council, when a departmental service is provided, to compound for a fixed monthly charge for such removal.

(c) The occupier of every such latrine shall make due provision for the reception of such excretal matter at the conservancy boats' anchorage in Kwai Chung Bay.

(d) No excretal matter shall be removed from any such latrine except by the conservancy contractor for that district or by servants of the Sanitary Department.

6.-(a) All conservancy boats, that is to say, all vessels used for the conveyance of excretal matter whether in the employ of the contractors or privately owned, shall be registered annually at the offices of the Council and no vessel not so registered shall convey excretal matter.

(b) All such boats shall be completely decked and provided with closely fitting hatches and shall at all times be kept in a thorough state of repair and in a seaworthy and cleanly condition to the satis- faction of the Council.

(c) The decks of every such boat shall be washed down immedia- tely after the transhipment of any excretal matter.

(d) No such boat shall be loaded above the under side of the hatch coaming.

(e) No such boat shall enter the waters of the Colony except with its holds clean and its bilges pumped dry.

(Every such boat shall fly such distinguishing flag as shall from time to time be directed by the Council.

(g) No such boat shall, unless otherwise provided by the terms of the contracts for the time being in force, anchor or lie at any place within the waters of the Colony other than the conservancy boats' anchorage in Kwai Chung Bay.

7.-(1) No excretal matter shall be placed in or upon or conveyed along or across any street or open space situated within any of the districts specified in by-law 2 except between midnight and 6 a.m. and except in strong substantial buckets with closely fitting covers and of such a pattern as may from time to time be approved by the Council.

(2) Any person who conveys or causes to be conveyed along any in conveying street any excretal matter at any time except within the hours fixed by paragraph (1) of this by-law, or who at any time, whether within such hours or not, uses for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such excretal matter in the conveying thereof, or who does not carefully sweep and clean every place in which any excretal matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such excretal matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through any street or route other than such as shall from time to time be appointed for the purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second and subsequent offence to a fine not exceeding twenty-five dollars.

Excretal

matter not

to be

deposited elsewhere

than in

the con-

servancy boats.

8.-(a) No excretal matter shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet thereto.

(b) No excretal matter removed from any premises situated within the districts specified in by-law 2 shall be emptied, discharged, deposited or placed in or conveyed to any place other than the conservancy boats provided for that purpose.

(c) No excretal matter shall be brought from any premises or place. situated outside the districts specified in by-law 2 to any premises or place situated within the said districts.

379

9. Excretal matter which has been placed in a conservancy boat Conservancy shall not be landed at any place within the Colony including New boats shall Kowloon but excluding the rest of the New Territories.

not land excretal matter in the Colony.

10. In the foregoing by-laws the term "excretal matter" includes Definition nightsoil and urine.

11. Every person having the care or custody of any child under twelve years of age shall prevent such child from committing any nuisance in or by the side of any street or drain or any public place.

of excretal matter.

Duty of person in charge of children.

Dangerous and Offensive Trades.

1.-(1) It shall not be lawful to carry on any offensive trade in any premises unless a licence has been issued by the Council, nor unless a licence has been issued by the authority of the Governor in accordance with the terms of the Crown lease of the lot upon which such premises are situated, where such licence is required.

(2) Every licence shall expire on the 31st day of December and shall be for a period not exceeding one year.

(3) Where a licence is required under the Crown lease of the lot upon which the premises are situated, such licence will be indorsed on the licence issued by the Council, and signed by the officer duly authorised for that purpose.

Licence

necessary for offensive trade.

fulfilled

2.-(1) Licences shall be issued only in respect of premises that Require- are substantially built, adequately lighted and ventilated to the satis- ments to be faction of the Council and drained in accordance with the provisions before a of the Buildings Ordinance, 1935, and the regulations made there- licence is under. The ground surfaces of such premises shall be paved with granted. good concrete laid down at least six inches thick and the surface thereof shall be rendered smooth and impervious with asphalt, cement or such other material as the Council may approve. The interior surfaces of all walls, which must be substantially built of brick or stone, as well as the surfaces of the brick or stone supports of the pans and other utensils, shall be rendered smooth and impervious to the height of at least seven feet from the floor level with asphalt, cement or such other material as the Council may approve.

(2) All such premises shall be provided to the satisfaction of the Council with proper and adequate urinal and privy accommodation for the use of the work-people employed therein.

3. Every licensee shall cause all materials which have been Storage of received upon the premises where his trade is carried on, and which materials. are not immediately required for use, to be stored in such manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom.

4. Every licensee shall cause the internal surface of every wall Premises upon the premises where his trade is carried on to be thoroughly to be

periodically cleansed, and, after being so cleansed, to be thoroughly washed with cleansed and hot limewash during the months of January and July of each year. limewashed.

clean up.

5. Every licensee shall, at the close of every day, cause all fat, Daily tallow, grease, refuse or filth which has been spilled or splashed, or has fallen or been deposited, upon any floor, pavement, or wall upon the premises where his trade is carried on to be collected therefrom by scraping or some other effectual means of cleansing, and, unless it is intended to be subjected to further trade processes on the premises, forthwith removed from the premises. All apparatus must be kept in a cleanly and wholesome condition.

6. Every licensee shall cause every part of the internal surface of Walls and the walls and every floor or pavement upon the premises where his floors to be

kept in trade is carried on to be kept at all times in good order and repair repair. so as to prevent the absorption therein of any liquid filth, or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon.

Care of

vapours and dust.

Persons other than the care- takers and those engaged in work not to

pass the

night on

the premises.

Partitioning

off of sleeping accommoda- tion.

Require- ments with regard to drains.

Access to

members of Council, etc.

Restrictions

as to children.

Council may require the

measures,

380

7.-(1) Every licensee shall adopt the best practicable means of rendering innocuous all vapours or dust emitted during the process of manufacture upon the premises where his trade is carried on.

(2) He shall in every case where boiling is a necessary part of the process of manufacture either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or he shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus and then through a fire, in such a manner as effectually to consume the vapour or to deprive the same of all noxious or injurious properties.

8. No persons (other than two caretakers in respect of each block of buildings) shall be allowed to pass the night in any of the rooms used as work rooms unless actually engaged in carrying on works connected with the trade.

9. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

He

10. Every licensee shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. shall, where it is in the opinion of the Council necessary so to do, provide the drains on his premises with the appliance known as a grease trap and shall not pass or permit to be passed any hot (i.e. exceeding 100° Fahr. in temperature) liquid refuse into the drains or

sewers.

11. Every licensee shall, at all times, afford free access to every part of the said premises to any member of the Council, Health Officer or Sanitary Inspector.

12. No person under the age of twelve years shall be permitted upon any premises used for the trade of rag-picking, rag-storing, hair- cleaning, feather-storing or feather-cleaning.

13. The Council may require the adoption of such special measures and appliances as may seem to them to be necessary in the case of adoption of dusty offensive trades for mitigating as far as possible the danger and special

nuisance arising from the dissemination of dust through the atmosphere of the premises, and in the case of the trade of rag-picking, rag-storing, hair-cleaning, feather-storing or feather-cleaning, for disinfection of the premises and the materials used for the destruction of vermin therein.

Provisions

to be posted

14. The licensee shall cause a duly authenticated copy of these by-laws in English and Chinese to be hung up in a conspicuous position in premises. in his premises.

Duty of occupier

with regard

to offensive matter.

Lands and premises to be kept in such a state as not to

be a nuisance.

Domestic Cleanliness and Prevention of Disease.

1. No occupier of any house or premises shall keep or allow to be kept in any part of such house or premises for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or any noxious or offensive matter, so as to be a nuisance, or shall suffer such receptacle to be in a filthy or noxious state, or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

2. The occupier of any land or premises, and in the case of un- occupied land or premises the owner thereof, shall keep such land in such a state as not to be a nuisance, or offensive, or an annoyance to anyone living in the neighbourhood, and in such a state as not to cause or to be likely to cause danger or be prejudicial to health, and in parti- cular he shalÏ :-

(a) prevent the accumulation anywhere therein or thereon of dead vegetable matter, refuse, manure or of any other noxious or unsightly matter.

381

(b) keep down the growth of useless vegetation therein or thereon.

3. It shall be the duty of the occupier of any domestic building at Domestic all times to cause such building to be kept in a cleanly and wholesome sanitation condition and see that the drains, traps, gratings, fall-pipes and duties of sanitary fittings and appliances are kept free from obstruction and in occupier. an efficient state of repair.

4. Every domestic building, or part of such building, within the Domestic areas mentioned in this by-law which is occupied by members of more buildings than one family shall, unless specially exempted by the Council, to be be cleansed and lime-washed throughout by the owner, to the satis- cleansed and

periodically faction of the Council, not less than once in every year during limewashed. the periods mentioned below opposite such areas, and notice in writing. that such cleansing and limewashing has been completed shall be sent by the owner to the Secretary within three days after the date of completion: Provided that the provisions of this by-law shall not apply to domestic buildings within the Hill District or Mid-level Dis- trict nor to domestic buildings in Kowloon south of Austin Road except Canton and Haiphong Roads nor to such parts of domestic buildings as are used solely as shops, offices or godowns.

Area No. 1.-Island of Hong Kong.

That portion of the City of Victoria east and including Gilman Street and Peel Street and the villages or districts known as Wong Nei Chung, Tai Hang, Tung Lo Wan, Tsat Tsz Mui, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan as far as the Tin Hau Temple, Shaukiwan.

Area No. 2.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Gilman Street and Peel Street as far as and including Tank Lane and Cleverly Street.

Area No. 3.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Tank Lane and Cleverly Street.

Area No. 4.-Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon east of and including Nathan Road and its extension as far as the northern boundary of Kowloon, thence east of a straight line drawn due north to the northern boundary of New Kowloon.

Area No. 5.-Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon west of but excluding Nathan Road and its extension as far as the northern boundary of Kowloon, thence west of a straight line drawn due north to the northern boundary of New Kowloon.

*

Period during which cleansing and limewashing

is to be done.

October and November.

December and January.

February and March.

October and November.

December and January.

cleanse and

5. In any case where, on receipt of the notice mentioned in Council's by-law 4 or on the expiry of the several periods set out in the said power to by-law, it appears to

to the Council that the provisions and limewash. requirements of the said by-law have not been completed to the satisfaction of the Council, the Council shall have full power after fourteen days notice to the owners given in writing to enter on the premises and thoroughly to cleanse and limewash the said premises, and the cost of such cleansing and limewashing shall be paid by the owner of such premises at a rate to be fixed from time to time by the Council and published in the Gazette.

6. The Council shall, if satisfied that any domestic building Council to is in a dirty condition, give notice to the owner or occupier to have issue notice such building, in respect of which the notice is given, thoroughly to owner or cleansed and limewashed within a period of one week from the date of occupier to cleanse and receipt of such notice, and such owner or occupier shall cleanse and

                                         limewash limewash such premises in accordance with the requirements of such dirty notice.

domestic buildings.

Special periodical cleansing to prevent

or mitigate disease.

Conduct of

special periodical cleansing

and com-

382

Prevention and Mitigation of Disease.

7. The Council may at any time with a view to the prevention or mitigation of any epidemic, endemic, contagious or infectious disease direct that a periodical cleansing shall be made of all the premises in any district or districts in which the Council may consider such cleans- ing necessary. Such periodical cleansing shall be carried out either by the staff of the Sanitary Department or by the inmates under the supervision of an officer of the Department to the satisfaction of a Health Officer or of such other officer as may be appointed for that purpose by the Council, and due notice of such cleansing shall be given to the inmates of such premises and such inmates may have all the furniture and goods removed therefrom.

All care shall be taken to prevent unnecessary interference with business, and, if the weather is unfavourable, the cleansing shall be discontinued or carried out in such a way as shall not expose the inmates and their effects and furniture to the weather.

8. The Council may declare any epidemic, endemic, contagious or infectious disease to exist in any district or districts, and may direct that in such district or districts or any portion thereof a special general cleansing and disinfection of the premises shall be carried out pensation for under the direction of any officer of the Sanitary Department and to damage. the satisfaction of a Health Officer. Such cleansing and disinfection may include the removal or destruction or both of any lath and plaster or other hollow partition wall, or any partition, screen, panelling, wainscotting, skirting, stairlining, ceiling or other similar structure, or any fittings or any portion of such wall, structure or fitting, if in the opinion of a Health Officer such removal and destruction are necessary. Compensation for such removal or destruction shall be given by the Council unless it is proved on behalf of the Council that the wall, structure or fitting removed or destroyed has been unlawfully erected or maintained. Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Council, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these by-laws. In any case in which the amount claimed for compensation exceeds two hundred and fifty dollars, an appeal shall lie from the decision of the Urban Council as to the amount of the compensation to the Governor in Council whose decision thereon shall be final and conclusive: Provided however that no such appeal shall lie unless notice thereof shall have been given to the Clerk of Councils within fourteen days from the date upon which the appellant shall have been notified by the Urban Council of any such decision as aforesaid.

Unauthorised partitions prohibited.

Ventilation

openings to be kept free from obstruction.

The Urban Council shall decide in each case whether the com- pensation, if any, is to be paid to the owner or to the occupier, and payment in accordance with the decision of the Urban Council shall bar any further claim to compensation by owner or occupier. Provided that nothing in these by-laws shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

The provisions of this by-law shall apply to the premises in any district in respect of which a special general cleansing and disinfection. has been directed by the Council since the 1st day of January, 1934, or shall hereafter be directed.

The Maintenance of Adequate Lighting and Ventilation. 9.-(1) No owner or occupier of any building shall partition off, or allow to be partitioned off, by means of any structure either perman. ent or temporary, any portion of any room in any domestic building without the approval of the Council expressed in writing.

(2) Plans of any proposed alterations shall be submitted to the Building Authority for comment before approval is given or work commenced.

10. The occupier of any domestic building shall at all times keep the windows and ventilating openings free from obstruction unless prevented by inclement weather or by the illness of any person occupy- ing such building.

383

Restrictions on Sale of Certain Food-stuffs.

11.-(a) No person shall sell or offer for sale any fresh fruit unless Sale of the same is whole, that is to say, uncut and unpeeled.

certain food-stuffs

occasions.

(b) Except under a permit in writing signed by the Chairman of prohibited the Council and by a Health Officer, no person shall sell or offer for on declared sale ice-cream, or any frozen or chilled preparation known as "'ice- cream', or any non-aerated drinks in the preparation of which fruit juice or herbs (other than tea) are used, or the jellies known as Leung Fan (凉粉) and Man Tau Lo (饅頭蘿)

Provided that this by-law shall be in abeyance unless at any time the Urban Council, with the approval of the Governor in Council, determines and declares that an occasion exists which, for the preven- tion as far as possible of any epidemic, endemic, infectious or con- tagious disease, necessitates the same being brought into force, and thereupon and on the publication of such declaration in the Gazette. and so long as any such declaration shall subsist, this by-law shall be in force in the district or districts to which the same is or may be applied.

Latrine Accommodation.

1. Every pail latrine shall be in accordance with the following Construction requirements:-

(a) It shall be provided with its own pail which shall be of a pattern approved by the Council.

(b) The base of the compartment holding the pail and the walls of that compartment up to the squatting platform or seat and for a height of three feet above it shall be plastered with cement or other impervious material. All internal angles shall be half round in section.

(c) The pail must be so placed that all excreta shall fall directly into it, urine guards being provided for this purpose. The pail shall accurately fit the place provided for it and shall as far as possible occupy the whole of such space.

(d) The hole in the platform or seat shall not be more than one foot long and one foot broad.

(e) The pail compartment shall be arranged in such a manner as shall enable the pail to be readily removed and replaced and the floor and sides of the compartment to be easily cleansed.

2. Any person erecting temporary sheds for workmen shall provide such latrines and pails as may be required by the Council and shall such fees for removal of night-soil as may be fixed by the Council.

pay

3. The Council may by notice require the owner or person having control of any latrine to alter, repair or remove it if considered to be defective, or to cleanse, whitewash or otherwise disinfect it at any time.

of pail latrines.

Sheds for

workmen to be provided with latrines.

Council may order repair

or removal of latrine.

Proper water supply to be

water closet provided for

4. The occupier of any premises upon which any water closet or urinal has been or hereafter shall be constructed, or, if there be no occupier, the owner or immediate landlord, shall provide a constant and adequate supply of water, stored in accordance with the Drainage Regulations from time to time in force, for the flushing of every such or urinal. water closet and urinal and shall maintain every such water closet and urinal in a thoroughly efficient and cleanly condition.

Latrines (Public).

1. Every public latrine together with its fittings shall be kept at Public all times in a thorough state of repair.

latrines to be kept in repair.

2. Every public latrine shall be kept at all times in a cleanly Public condition.

latrines to be kept clean.

3. While open to the public, every latrine shall have at least one Attendant able-bodied adult attendant constantly on duty therein.

to be constantly on duty.

Seats,

floors, etc.,

to be

scrubbed

daily.

Walls to be

384

4. All the partitions, seats, floors and channels of every public latrine, as well as all utensils therein, shall be thoroughly scrubbed at least once every day.

5. The whole of the interior walls of every public latrine shall be whitewashed limewashed and any fittings made of wood shall be tarred at least

once every month.

and wood

tarred monthly.

Fumigants to be kept burning.

Contents to

be covered

with

approved

material.

Excretal matter to be removed daily.

Latrines to be adequately lighted.

Latrines not to be used as dwellings.

6. Fumigants of such description as may be approved by the Council shall be kept burning in every latrine while it is open to the public.

7. The contents of soil pans in public latrines shall be kept covered with either earth, sawdust, opium-packing or such other suitable material as the Council may approve.

8. The excretal matter collected in public latrines shall be remov- ed therefrom daily by the public conservancy contractor, as provided by the terms and conditions of his contract, or if a departmental service is provided by the servants of the Sanitary Department.

9. Every latrine open to the public before sunrise or after sunset shall be at such times adequately lighted.

10. No building used as a public latrine shall be used as a dwelling.

Public Laundries to be registered.

Laundries.

1. Every public laundry shall be registered at the office of the Council.

Laundries

     2. Every public laundry shall be at all times open to inspection to be open to by any member of the Council or Health Officer or Sanitary Inspector. inspection.

Lighting,

ventilation

3. Every public laundry shall be adequately lit and ventilated to the satisfaction of the Council, and the ground surfaces shall and paving. be paved with a layer of not less than 6 inches of good lime-concrete, or not less than 3 inches of cement-concrete composed of one part of cement, 3 parts of sand, and 5 parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or such other material as the Council may approve.

Drainage

4. Every public laundry shall be so drained as to be in accordance with the requirements of the Buildings Ordinance, 1935, and all with require inlets to the drains shall be placed outside the building.

to comply

ments of

Buildings

Ordinance,

1935.

Require-

ments re cleansing.

Laundries

not to be

used as dwellings.

Restriction

of dwellers

to two

caretakers.

5. Every public laundry shall be at all times kept in a cleanly condition and the inside surface of the walls thereof shall be lime- washed during the months of January and July of each year.

6. No portion of any laundry shall be occupied as a dwelling place or used for the purpose of cooking food.

7. No persons, other than two caretakers, may occupy any building or part of a building which is registered as a public laundry, between the hours of 11 p.m. and 5 a.m., unless such persons are actively engaged in carrying on the work of the laundry.

385

8.-(1) No person suffering from any skin disease, leprosy, tuber- Precautions culosis or infectious disease, shall enter, live, work, or be employed against on any premises used as a public laundry.

spread of skin diseases or

(2) The occurrence of any infectious or contagious disease on any infectious premises used as a public laundry shall immediately be reported to the diseases. Health Officer by the licensee.

(3) No public laundryman shall knowingly receive any article whatsoever from or belonging to or used by any person living in any house where there is an infectious or contagious disorder.

9.-(1) All utensils used in a public laundry shall be kept in a Sanitary clean and sanitary condition.

(2) No dogs, poultry or domestic animals shall be kept on the premises of a public laundry.

(3) No person shall sit, recline or sleep amongst the clothes in any public laundry or on any bench, table or cloth used for laundry. work.

(4) No dirty or polluted water shall be used for laundry work.

(5) No person shall commit a nuisance in any public laundry.

(6) Separate rooms shall be used in every public laundry for:--

(a) the reception of dirty clothes.

(b) the storing of clean clothes.

require- ments.

10. (1) No person shall spit in any public laundry except into Spitting. spittoons provided for the purpose.

(2) The registered proprietor shall cause to be continuously dis- played, in a conspicuous position on every floor of his registered. premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(3) The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuous- ly in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Mosquito Prevention.

1. The occupier of any land or premises, and in the case of Action with unoccupied land or premises, the owner thereof shall keep such land regard to or premises in such a state as not to favour the existence or propagation mosquito of mosquitoes and in particular shall:--

(a) keep the said land or premises clear of empty tins or other disused or unused matter or receptacles capable of retaining water and prevent the accumulation of such matters or receptacles except in a place suitable for their disposal and in such a manner that they are not liable to retain water.

(b) prevent the formation anywhere therein of pools or of waste or stagnant water or sullage, and prevent the making of any excavation on the said land likely to retain water, without the previous permission of the Council in writing.

(c) keep clean any cistern, water-butt or other receptacle used for the storage of water, and keep the same covered or protected in such a manner as to prevent the breeding of mosquitoes therein.

nuisance.

Notice.

Scaffolding.

386

2. Whenever it appears to the Council that any land or any pond, tank, well, spring, seepage, drain, stream, water-logged ground or swamp, or other collection of water therein, is likely to be prejudicial or dangerous to health or a nuisance or offensive to health or favourable to the existence or propagation of mosquitoes, the Council may by notice in writing require the owner of the land to take, within a reasonable time to be specified in the notice, such action in regard to such land or pond, tank, well, spring, seepage, drain, stream, water- logged ground or swamp, or other collection of water thereon, as may in the opinion of the Council be necessary to prevent the land or water thereon being prejudicial or dangerous to health or a nuisance or offen- sive to health or favourable to the existence or propagation of mos- quitoes.

3. No bamboo or other scaffolding shall be erected or maintained in which there is any exposed cavity capable of retaining water.

Right of

Council in respect of refuse.

Sites for disposal

of refuse.

Scavenging

to be done depart- mentally or by contract.

Servants of con- tractors

to wear distinguish- ing badges.

Duties of

owners and occupiers

with regard to refuse.

Scavenging.

1. The Council shall have the exclusive right to collect and remove, or to delegate to others the right to collect and remove, all refuse, and all matter so collected shall be the property of the Council who may sell or otherwise dispose of it.

2. A site or sites may be provided by the Council on which refuse of any description shall be deposited and disposed of as the Council may direct.

3.-(1) The Council shall provide a departmental service or em- ploy contractors for the general surface scavenging of the following districts:-

(a) The City of Victoria.

(b) The Hill District.

(c) The Villages or districts of Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Apli- chau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purposes of these by-laws the Council may determine the boundaries of any such village, district or portion.

(d) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as scavenging contractors.

4. Every servant of a scavenging contractor shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Council.

5.-(i) The occupier, or, if there be no occupier, the owner or the immediate landlord, of any house or premises situated within any of the districts specified in by-law 3 shall provide himself with a sufficient number of strong substantial movable dust-bins or dust-cans, con- structed of impervious material and fitted with closely fitting covers and of a pattern approved by the Council, and shall deposit therein from day to day all refuse which has accumulated in his. house or premises. He shall also, at such a time or times as may be fixed and notified by the Council, place such dust-cans or dust-bins on the edge of the arcade or verandah or foot-path adjoining such premises, or, if the premises are situated in a garden or com- pound, at the entrance to such garden or compound, and shall not remove them or permit their removal until they have been emptied by the servants of the Sanitary Department or of a scavenging contractor.

He shall also give access to any authorised person for the purpose of scavenging and removing refuse from any part of such premises, and, if the open space appurtenant to such premises be enclosed, the door or gate shall be opened for such purpose whenever required.

A.

387

(ii) The Council may in lieu of the procedure provided by para- graph (i) of this by-law require such owner, occupier or landlord of any such house or premises to empty such dust-cans or dust-bins at least once daily, at such time or times as the Council may appoint, into receptacles provided by the Council.

(iii) No person shall place any dust-can or dust-bin in the aforesaid positions or empty the contents thereof except at the times appointed.

uses

for convey-

ance of

through the streets.

6.-(1) The Council may from time to time fix the hours within Power of which only it shall be lawful to move any manure or decaying fish or Council to decaying rice or other offensive matter, and when the Council has fixed fix the hours such hours and given the public notice thereof, any person who moves or causes to be moved or conveyed along any street any such offensive offensive matter at any time except within the hours so fixed, or who at any matter time, whether such hours have been fixed by the Council or not, for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such offensive matter in the conveying thereof, or who does not carefully sweep and clean every place in which any offensive matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such offensive matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through or by any street or route other than such as may from time to time be appointed for that purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second or subsequent offence to a fine not exceeding twenty-five dollars.

.

(a) The hours within which only it shall be lawful so to Special convey or move pigwash shall be between midnight and 6 a.m., and provisions the pigwash shall be conveyed or moved in strong substantial buckets in respect with closely fitting covers and of such pattern as may from time to time of pigwash. be approved by the Council.

(b) No pigwash shall be conveyed in any boat or vessel except in such buckets as aforesaid or, if in bulk, in water-tight tarred holds with closely fitting hatches.

(c) All pigwash, if not placed in such a boat or vessel, must be conveyed direct to a licensed pigsty.

(d) No pigwash shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet thereto.

(e) No pigwash shall after removal from any premises be emptied, discharged, deposited or placed in, or conveyed to, any place except a licensed pigsty.

7. No unauthorised person shall rake or grub in any dust-bin, Interference dust-can or scavenging cart, or remove or scatter the contents thereof. with dust-

bins by un- authorised

persons prohibited.

8. No person shall throw or deposit or cause to be deposited any Dumping of corpse or carcase or any part thereof into any public street, public corpses or ground or open space, verandah, lane, thoroughfare, drain, river, canal carcases or water-course, or on the banks of any river, canal or water-course, prohibited. or in the harbour.

9. No person shall throw or deposit, or permit his servants or Deposit of members of his household under his control to throw or deposit, any refuse in earth or materials of any description, or refuse or offensive matter of drains, etc., any kind, into or upon any street, sewer or drain, or upon any vacant prohibited. or unoccupied land.

10. All household refuse shall be regularly removed by the Council Duty of from every street on land held under lease from the Crown.

Council to

remove

refuse from:

streets.

To

388

SCHEDULE B.

[s. 28 (7).]

FORMS.

URBAN COUNCIL OFFICE,

Hong Kong,

19.......

Notice is hereby given to you on behalf of the Urban Council that the nuisance specified hereunder is found to exist in your premises No.......

...and that you are, therefore, hereby required within..

             from the time of the service upon you of the present notice to abate such nuisance in the manner hereunder set forth.

By order of the Urban Council,

Nature of nuisance

Secretary.

Action to be taken for the abatement of the nuisance..

Objects and Reasons.

1. In his report on the need for reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends that the Public Health and Buildings Ordinance (No. 1 of 1903) which deals with building construction, sanitation, infectious diseases control, food control, etc., etc., should be broken up into a number of Ordinances each dealing with its particular branch of the Public Health Complex.

2. This Ordinance contains all the provisions of No. 1 of 1903, together with certain provisions of other legislation, which it is considered suitable to group under sanitation.

3. A Table of Correspondence attached to the Ordinance shows the origin of the various sections.

C. G. ALABASTER,

Attorney General.

January, 1935.

*

S.

389

PUBLIC HEALTH (SANITATION) ORDINANCE, 1935.

TABLE OF CORRESPONDENCE.

In this table

A refers to Public Health and Buildings Ordinance, 1903.

B refers to Straits Settlements Municipal Ordinance.

C refers to Federated Malay States Sanitary Boards Enactment.

Sections are indicated by plain numbers; by-laws by numbers with symbol b, as 3b; rules by numbers with symbol r, as 3r.

Marginal Notes.

Public Health (Sanitation) Ordinance,

Corresponding provision of

1935.

other enactment.

PART I.

(Preliminary).

1

Short title

Saving as to tenancy contracts

2

A5

3

A6

Interpretation :---

Author of nuisance

A6 (2)

Bake-house

6 (4)

Balcony

Basement

6 (5)

6 (5)

Building

Building Authority

Cattle

Cockloft

Colonial Veterinary Surgeon

Council

Cubicle

Dangerous trade

Domestic building

Eating-house

External air

Factory

Floor

Food

Health Officer

6 (8) modi-

fied

6 (9) modi-

fied

6 (12)

6 (38)

6 (15A)

New

B and C

A6 (21)

6 (22)

6 (23A)

6 (26)

Factories, etc. Ordinance, 1932

A6 (29)

6 (30) am-

plified

New

390

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

Hill District

Householder

Latrine

Latrine accommodation

Pail latrine

Water closet

Mid-level District

A6 (32) ("ex-

cept

Chinese

villages" omit- ited.)

6 (33)

6 (35) ampli-

fied

P.H.A. (A)

A. 1907, defini- tion of closet ac- commodation.

P.H.A. (A) A. 1907 defini- tion of pail closet.

P.H.A. (A) A. 1907 defini- tion of water closet.

New, same as in Blgs. Bill.

A6 (42)

Occupier

6 (43)

Offensive trade

6 (44)

Owner

6 (47)

Person

6 (48)

Premises

6 (49)

Public building

6 (50)

Public latrine

New

Refuse

Room

Secretary

Storey

Street

Tenant

Tenement

Tenement house

Working class tenement house

A6 (51) modi-

fied

6 (52)

6 (53) modi-

fied

6 (54) ampli-

6 (55)

fied

New

A6 (56)

New

391

Table of Correspondence,--Continued.

Marginal Notes.

Urban District

Public Health (Sanitation)

Ordinance,

1935.

Corresponding

provision of other enactment.

A6 (57) ampli-

fied

Verandah

6 (58)

Vessel

6 (59)

Window

6 (60A)

Works

6 (61)

Workshop

A6 (62)

Matters with regard to which the

4

A16. Control of

Urban Council has power to make by-laws

well, etc.,

water added

in (xi).

By-laws subject to approval of

Legislative Council

5 (1)

A17

By-laws in Schedule A validated

5 (2)

PART II.

(Sanitary Staff-establishment,

powers and duties).

Establishment of Sanitary staff

6

New

Position of D.M.S.S.

7

New

Power of entry to search for infec-

tious disease

8

A21

Additional powers of entry for Health

Officers

A 22

Special authority to inspect for over-

crowding

10

A24

Authority necessary for opening

ground surface

11

Alb (Entry

and Inspection

of buildings.)

Secretary to furnish authority grant-

12

A2b (Entry

ing special power of entry to inspect for overcrowding

and Inspection

of buildings.)

Entry between midnight and 6 a.m. prohibited except under special permit

13

A3b (Entry

and Inspection

of buildings.)

Power of Magistrate to authorise

14

A264A

officer

to

enter and inspect

premises

Means of access to buildings from

scavenging lanes

15

Fower of arrest

16

A181 (2) s.s. (2) is new.

New-

See C.S.O. 2/4301/32

392

M

Table of Correspondence,-Continued.

Marginal Notes.

PART III.

(Sanitary Provisions).

Nuisances

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

17

A26 with

additions

17 (3) "over- crowded" added 17 (8) New.

17 (13) to (18) are new but have counter- parts in S.S. and F.M.S. by-laws.

17 (19) "black" omitted before

B238 (i)

modified

"smoke" to

conform with

English legis-

lation.

A26 (12)

Power of Health Officer to inspect premises where existence of nuisance presumed

18

A27

Penalty for refusing admittance

19

A28

Action where mosquito larvae found

on premises

20

Alb

(Pre-

vention of dis-

semination of disease by mos- quitoes.)

Council may serve notice requiring

abatement of nuisance

21 (1) & (2)

A29

(3)

New

Council may serve notice directing

compliance with by-laws

Council may review notice

22 23

A30

A31

On non-compliance with notice com-

plaint to be made before magistrate

a

24

A32

Power of magistrate to make an order

dealing with a nuisance

25

A33

Order prohibiting use, etc., of build-

ing unfit for human habitation

26

A34

Penalty for contravening order of Magistrate or for defacing any copy of such order

27

A35

Competent authority re nuisances

28

A230

Form of nuisance notice

28 (7)

A36

393

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

Wells not to be sunk or reopened

without permission of the Council and B.A. cf. s. 114 Buildings Bill

29 (1)

A213

(redrafted)

Construction of wells

Excavation allowing stagnant water

888

29 (2)

A213

30

A214

Closing of insanitary wells

31

A215

Obstruction in open spaces prohibited

32 (1)

A175 (3)

Prohibition of partitions, cf. s. 58 of

Buildings Bill

2

32 (2)

A139

Rooms to be properly lighted

33

A153

Governor in Council on representation

of the U.C. may order demolition of storeys, provision of additional windows, and other works in certain cases, subject to com- pensation

34

A154A

Obstruction of windows prohibited

35

A155

Conditions under which cubicles may

be erected and maintained

36

A154

Closure of premises containing un-

authorised cubicles and parti- tions by order of Magistrate

37

A263

Magistrate may order demolition and removal of cubicles, partitions, etc., which do not comply with provisions of the Ordinance

38

A264

Inadequate provision of latrine ac-

commodation to be dealt with by the Council

39

A165

Latrines not to be connected directly

with drains

40

A159

Daily cleansing of pail latrines

41

Water

closets and water flushed urinals

42

42 (2)

42 (5) & (8)

164 (last

two lines)

A162 (as amended) redrafted. "Colonial Secre- tary" omitted.

Measurement of buildings as first step towards prevention of over- crowding

43

Ab (over

crowding)

44

A49 & 50

Calculation of cubic space

(combined)

Limit of accommodation

45

A46

Lessor responsible for overcrowding

46

A47

394

-

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

Steps to be taken to abate over-

crowding

47

A48

Limits of fittings for sleeping ac-

commodation

48

A51

Kitchen not to be used as sleeping

room

49

A49

Basements not to be occupied with-

out permission

50

A 45

Sanction of Council necessary for

erection of public latrines

51

A166

Council may apply to Government for additional public latrines

52

A167

Notification of intention to erect

public latrine

53

A168

Objection to erection of public latrine

54

A169

Resolution of Legislative Council

where objection is made

55

A170

;

No injunction to be granted or suit

to be brought in certain cases

56

A171

Existing public latrines protected

from injunction

57

A172

Council to control public latrines

58

A173

Saving of existing rights

59

A174

LAUNDRIES

Council may restrict washing of clothes by washermen to public laundries.

60

A41

MAINTENANCE OF SANITARY

CONDITIONS IN FACTORIES

Nuisances in factories or workshops

61

A43

Proper latrine accommodation to be.

provided

62

Maintenance of cleanliness

63

28

A163

English Fac-

tories and Workshops Act,

Section 1.

64

Do.

Limewashing

Section 1 (3).

65

Avoidance of effluvia

Do. Section 1 (2).

395

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

Accommodation according to

air-

space

66

Do. Section 3.

Number of occupants to be posted

.67

Maintenance of ventilation

68

Do.

Section 7.

DANGEROUS, UNHEALTHY AND OFFENSIVE TRADES

Special permission of Council neces- sary before any dangerous or offensive trade can be established

Council may prohibit domestic oc- cupation of dangerous trade. building

69

A42

70

A44

KEEPING OF CATTLE, SWINE,

etc.

Licences required for keeping cattle,

swine, sheep or goats

71

A52

Prevention of suffering

72

A53

396

Table of Correspondence,--Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

PART IV.

(Disposal of the Dead).

Governor in Council may authorise

use of places for cemeteries and Urban Council may set apart portions for urn cemeteries

Authorized cemeteries

73

A.90

Closed cemeteries

Penalty for burial outside a cemetery

74

A91

Exhumation and removal of remains, except by permit, prohibited

75 (1)

A92 (1)

Persons to whom permits may

be issued

Authorities for issuing permits

Board may grant permits to managers of cemeteries

Governor may grant permits

Permitting authority may pre-

scribe conditions

Permit where grave held under

Crown Lease

Power of Governor to remove

any body or remains

Six months notice required

(2)

(2)

,, (3)

""

(3)

(4)

""

(4)

(5)

"

(5)

""

(6)

(6)

(7)

"

(7)

(8)

(8)

(9)

""

(9)

Duty of Secretary for Chinese

Affairs

,, (10)

(10)

Fitting and proper arrangement

to be made for reburials

Power of Chairman of Council to dispose of body buried with- out permission

(11)

""

(11)

""

(12)

(12)

Removal of grave or urn

,, (13)

(13)

Abatement of urn nuisance

(14)

New

Records to be kept at office of

Council

19

(15)

A92 (14)

Powers of magistrate

(16)

(15)

397

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

PART V.

(General).

Service of notices, summonses

orders

Penalty for contraventions

30

or

76

Recovery of penalties

Penalty for building nuisance

77

བྱ སྐྱེ བྲ སྐྱེ

A235

A255

78

A256

79

A257

Penalty for refusing to obey Magis- trate's order for obstructing Health Officer

80

A258

Penalty for other contraventions

81

A 259

Liability of secretary or manager of

company

Proceedings against several persons

8888

82

A261

83

A262

Appeal to Governor in Council against

decision of any person entrusted with power under this Ordinance

84

A265

Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law

85

A265A

Order of Governor in Council enforced

by the Court

86

A265B

Reimbursement of expenses to the

Council

87

A93

Recovery of expenses by the Council

under Ordinance No. 6 of 1875

88

A94

Granting of certificates by Council

Obstruction of streets prohibited

8888

89

A.95

90

A185

Submission of claim

91

A251

Appointment of arbitrators

92

A252

Principles on which compensation to

be based

93

A253

Vacancies among arbitrators

94

A254

398

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

MISCELLANEOUS

Breach of condition of modification or

exemption

95

A265C

Registration of modification and can-

cellation thereof

96

A265D

Limitation of personal liability of

members of the Council, Build- ing Authority and others

97

A269

Protection of persons acting under

the Ordinance. (Ordinance No. 31 of 1911, s. 48).

98

A270

Application of Ordinance to New

Territories, etc.

99

A267

(simplified)

Saving of certificates, etc. granted

under Ordinances repealed

100

A268

Commencement

101

New

:

399

TABLE SHOWING THE SOURCE OF THE BY-LAWS IN THE SCHEDULE OF THE SANITATION BILL.

By-law No.

Source.

Remarks.

1. A. 1b (Basements)

2.

A. 2b

Basements.

Paragraphs (ii) (iii) and (iv) omitted.

"Clear of any obstruction to the

light" for "glazed".

"or that such basement to the back

wall" omitted.

F

Cattle, Swine, etc.

A. 1b (Cattle-sheds,

etc.)

2. A. 2b

3.

A. 3b

4.

A. 4b

"nett area" deleted.

16

A. 5b

6.

A. 6b

7.

A. 7b

8.. A. 8b

All after "such animals" in line 3

omitted.

9.

A. 9b

10.

A. 10b

11.

A. 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 57

Redrafted.

Now made applicable to all ceme-

teries.

Cemeteries.

1.

A. 1b (Cemeteries)

2.

A. 2b

cri

3.

A. 3b

4.

A. 4b

5.

A. 5b

6.

A. 6b

1.

A. 7b

8.

A. 8b

"or an order of a magistrate" added

-cf. s. 75 (16) of Bill.

By-law

No.

Source.

400

Remarks.

9.

A. gb

10.

A. 10b

11.

A 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 15b

16.

A. 16b

17.

A. 17b

18.

A. 18b

"Except on an order of a magistrate"

added.

19.

A. 19b

20.

A. 20b

21.

New-a necessary addition.

22.

A. 21b

Conservancy.

જન્મ

C. 190b

2.

A. 1(2)b

3.

A. 2b

4.

A. 3(1)b & C. 187b

5.

A. 3(2)b

6.

A. 4, 5, 6 & 7b

7.

A. 11b and C. 183b

8.

A. 13b

9.

A. 14b

10.

A. 15b

11.

C. 184b

Dangerous, etc., Trades.

1.

A. 2b and 3b

2.

A. 4b

3.

A. 5b

4.

A. 6b

5.

A. 7b

6.

A. 8b

By-law No.

7.

A. 9b

8.

A. 10b

9.

Source.

401

Remarks.

New-included on

Board of 9.10.34.

resolution

of

10.

A. 11b

11.

A. 12b

12.

A. 13b

13.

A. 14b

14.

A. 15b

Domestic Cleanliness and Prevention of Disease.

1.

C. 194 (ii)b

2.

C. 192(a)b

3.

A. 1b (Domestic

Cleanliness)

4.

A. 3b (Domestic

Cleanliness)

5.

A. 4b (Domestic

Cleanliness)

6.

A. 2b (Domestic

Cleanliness)

7.

A. 1b (Prevention

etc. of Disease)

8.

A. 2b (Prevention

etc. of Disease)

9.

C. 37b

10.

A. 1b (Domestic

Cleanliness)

last clause only.

11.

A. 9b (Prevention

of Disease)

Latrine Accommodation.

1.

B. 191b

2.

C. 188b

3.

C. 78b

4.

A. 10b (Scavenging,

etc.)

Latrines (Public).

*

1.

A. 1b (Latrines)

2. A. 2b

By-law

No.

Source.

3.

A. 3b

4.

A. 4b

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

9.

A. 9b

10.

A. 10b

402

Remarks.

Amplified to cover possibility of

departmental service.

Laundries.

1.

A. 1b (Laundries)

2.

A. 6b

3.

A. 2b

4.

A. 3b

5.

A. 4b

6.

C. 154b

7.

A. 5b

8.

C. 155b

9.

C. 156b

10.

A. 1A, 1B and 1Cb Combined.

Mosquito Prevention.

1.

C. 192b

2.

A. 1b (Prevention of

dissemination of

disease by mos-

quitoes).

3.

A. 2b

Scavenging.

1.

C. 190b

2.

C. 191b

3.

A. 1(1)b (Scaveng-

ing, etc.)

4.

A. 2b

5.

A. 8b with C. 179,

180, 181 and 182b.

The provision re giving access is new

By-law No.

Source.

6.

C. 189b and A. 11

and 12b (Scaveng-

ing, etc.)

7.

B. 3b

8.

B. 7b

9.

C. 177b

10.

A. 186

403

Remarks.

A substantive provision of the old

law.

404

Notes on new Sanitation Bill as redrafted according to His Excellency's instructions and on further suggestions made by the D.M.S.S. and H.S.D.

Section.

New.

Old.

3

3

Operation of interpretation extended to

by-laws.

"Balcony"-"a" for "the" in 2nd line

as in Buildings Bill.

"Building"

"water closet, urinal" de- leted as included in "latrine" "piling" added as in Buildings Bill.

"Building Authority" redrafted; former definition was meaningless in this

Ordinance.

"Common Lodging House" omitted.--to be dealt with under the Boarding House Ordinance, 1917.

"Bake-house", "Dairy", "Dairyman", "Drug", "Eating-house" and

"Food" all omitted--not mentioned in this Bill.

"External air" slightly modified as in

Buildings Bill.

"Health Officer'-C.V.S. included.

"Hill District" "except Chinese

villages" deleted.

"Keeper of Common Lodging House"-

omitted.

"Latrine"-"and urinal" added as in

Buildings Bill.

"Public Building" or Air Force"

inserted.

"Refuse"-added.

"Room" and "Storey" redrafted to con- form with definitions in Buildings Bill.

"Urban District"-"the Town of"

omitted before "Kowloon".

"Vessel"-"Motor"

added after

"steam".

في

Section.

405

New.

Old.

4

4

5

OT

LO

5

6 & 7

6 & 7

11, 12 & 13

11, 12 & 13

16

17

16

17-18

1

19

20

22

21

23

31

29.

32

(xi) Last four lines from "and of all water" added (v. C.S.O. 5423/29).

(xiv) redrafted for clarity.

(xvi) and (xix)-redrafted to conform

with by-laws.

(xviii) first two lines re common lodging

houses, etc., omitted.

(xxi) amplified.

(xxiv) "exhumations" inserted.

s.s. (2) added to validate by-laws.

redrafted on suggestion of D.M.S.S.

are the "Entry and Inspection of Build- ings" by-laws (Ordinances of Hong Kong, p. 1582), but seem better placed in the body of this Bill.

See

New-gives limited power of arrest to

Sanitary Department officers. C.S.O. 2/4301/32.

Table of Correspondence amplified.

transferred as Domestic Cleanliness by-

laws to Schedule.

transferred as Mosquito Prevention by-

laws to Schedule.

a by-law to P.H. and B.O. 1903, but retained here as a substantive pro- vision which is unlikely to be varied.

new s.s. (3) inserted on suggestion of

H.S.D. approved by D.M.S.S.

deleted-service being fully provided for

in (new) s. 76.

s.s. (1) redrafted as directed.

All wells other than flushing wells sub- jected to control of Urban Council and Building Authority. By s. 114 of the Buildings Bill flushing wells are subjected to control of Building Authority alone.

Section.

406

New.

3338

32

33333

Old.

35-40

Transferred as Domestic Cleanliness by-

laws to Schedule.

41 s.s. (2) added as directed to cover main- tenance of partitions-cf. s. 63 of the Buildings Bill.

42

36

45

38

47

50, 52, 53, 54

42

55

43

56

49

62

50

63

66-80

81-97

107-116

Redrafted to correspond with s. 77 of

the Buildings Bill.

-"Clear of any obstruction to the light"

for "glazed" as in Buildings Bill.

"by any officer deputed by the Council"

added after "portion thereof" in the 7th line, as instructed.

transferred as Latrine By-laws to

Schedule.

s.s. (2) redrafted. New s.s. (3) inserted on agreement of H.S.D. and D.M.S.S. and s.s. (4) (old (3)) amplified accordingly. "Colonial Secretary" cut out of s.s. (5) and s.s. (8).

-the solitary "over-crowding" by-law under the Public Health and Build- ings Ordinance, 1903-it seems better retained here as s. 44 flows naturally from it.

s.s. (2) added as desired by H.S.D. and

Board.

"or for the preparation or storage of food" deleted from 4th-5th lines- "and drained" added in 5th line- as requested by D.M.S.S.

transferred as Scavenging by-laws to

Schedule.

transferred as Conservancy by-laws to

Schedule.

transferred as Latrines (Public) by-laws

to Schedule.

117-128 omitted-provisions transferred to Board- ing House Amendment Bill (Schedule).

130-138 transferred

transferred as Laundry by-laws to

Schedule.

Section.

New.

Old.

61, 62 139, 140 139, 140

149-161

164-178

73

179

75

181

182-202

76

203

80

207

407

"factory or (and) workshop" substituted for list of industries in each-thus conforming with following sections.

transferred as Dangerous, etc., Trades

by-laws to Schedule.

transferred as Cattle, etc., by-laws to

Schedule.

recently authorised cemeteries included.

new s.s. (14) inserted on suggestion of

HI.S.D. approved by D.M.S.S.

transferred as Cemetery by-laws to

Schedule.

"or if no address in the Colony of the person to be served is known" added in line 8.

redrafted "Sanitary Department" for

"Council".

deleted-obstruction

covered by new s. 80.

217

of officers being

91

219

s.s. (2) omitted as out of place here.

99

227

100

228

General.

"and to such extent as" inserted in 3rd

line.

added s. 268 of P.H. and B.O.

-

deleted as meaningless and repugnant to

previous section.

"Urban" has been deleted before Council wherever it appears unless Governor in Council appears in same section.

Various minor amendments of wording

and punctuation have also

also been made.

By-laws.

Basements.

=ss. 64-5 of former draft Bill=P.H. and B.O. by-laws.

}

By-law 1 "clear of any obstruction to the light" substituted for "glazed". (ii), (iii) and (iv) omitted on suggestion of D.M.S.S. as unnecessary. cf. s. 50 of the new Bill. By-law 2 "or that such basement-back wall" omitted at

request of D.M.S.S.

408

Cemeteries.

=ss. 182-202 of former draft Bill=P.H. and B.O. Cemetery

by-laws.

By-law 1 is general.

By-laws 2-12 are old ss. 183-192-covering non-Chinese

cemeteries.

By-laws 13-20 and 22 are old ss. 193-202 covering Chinese

cemeteries.

In by-laws 8 and 18 "order of a magistrate" has been added

-cf. s. 75 (16).

By-law 21 has been added as necessary also in case of Chinese

cemeteries (cf. by-law 4).

One or two verbal corrections have been made.

Conservancy.

=s. 81-97 of former draft Bill-P.H. and B.O. and other Conservancy by-laws, with some omissions and additions and considerable amendment. The provisions that appeared in the former draft have been remodelled (with approval of D.M.S.S. and H.S.D.), in order to get rid of the serious overlapping and repugnancy between the old and the new as introduced by the D.M.S.S. from Malaya, and also to provide for the possibility of the institution of a general Conservancy service managed by the Sanitary Department.

Cattle, Swine, etc.

s. 164 f. of former draft Bill-P.H. and B.O. "Cattle-

sheds" etc. by-laws.

No. 4-"nett area" deleted.

No. 8-all after "such animals" in line 3 omitted as desired

by C.V.S.

No. 15-redrafted at suggestion of C.V.S.-derived from s. 57 of the P.H. and B.O. but is better placed among these by-laws.

Dangerous, Unhealthy and Offensive Trades.

=s. 149 f. of former draft-P.H. and B.O. Dangerous Trades by-laws (with one small omission-by-law 2). By-law 9 is new-being based on a resolution of the Sanitary Board dated 9.10.34.

Domestic Cleanliness and Prevention of Disease.

=s. 35 f. of former draft Bill. ·

Nos. 1 and 2 of the P.H. and B.O. by-laws for the prevention and mitigation of disease (by special house cleansing) have been inserted as requested by the D.M.S.S.

*

409

They were formerly overlooked, but now appear under the subsidiary heading of "prevention and mitigation of disease".

No. 9 of the same by-laws, as passed in 1926 (paras (a) (b) and (c)) and in 1932 (paras (d) and (e)) was also previously omitted and has been added under the heading "Restrictions on sale of food-stuffs".

Latrine Accommodation.

=ss. 50, 52, 53 and 54 of old draft.

Latrines (Public).

=s. 107 f. of old draft=P.H. and B.O. Latrine by-laws

1-10.

By-law 8 amplified to cover possibility of a departmental

service.

Laundries.

=s. 130 f. of old draft Bill (=P.H. and B.O. and other

Laundry by-laws) amplified.

By-law 10 has been added-the usual anti-spitting provisions

(G.N. 211 of 1932).

Mosquito Prevention.

By-law 1=s. 19 (1) of old draft=F.M.S. by-law.

By-laws 2 (former s. 19 (2)) and 3=P.H. and B.O. Prevention of dissemination of disease by mosquitoes by-laws 1 and (By-law 3 was not included in former draft but see G.N. 304 of 1924).

2.

Scavenging.

=s. 66 f. of former draft.

These provisions have been dealt with in the same way as

the Conservancy by-laws (v. supra).

By-law 10 contains the provisions of s. 186 of the P.H. and B.O. but seems better placed among these by-laws.

Short title.

Interpreta-

tion.

410

[No. 40/32-18.1.35.-14.]

A BILL

INTITULED

An Ordinance to make better provision for the maintenance of Public Health in relation to Food and Hawkers.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Public Health (Food) Ordinance, 1935.

2. In this Ordinance,-

"Bake-house" means any premises on which bread, biscuits or confectionery are baked for sale as food for man and includes any premises on which such food is prepared for baking or on which the materials for the preparation of such food are stored.

"Colonial Veterinary Surgeon" includes any Veterinary Surgeon authorised by the Governor to perform the duties of a Colonial Veterinary Surgeon under this Ordinance and also any Assistant Veterinary Surgeon.

"Council" means the Urban Council, unless some cther Council is indicated.

"Dairy" includes any farm-house, cowshed, milk- store or other place from which milk is supplied or in which milk is kept for purposes of manufacture or sale.

"Dairyman" includes any keeper of cows or buffaloes for the purpose of trade in milk, or purveyor of milk, or seller of milk, or occupier of a dairy, and includes the employees thereof engaged in the production, distribution or sale of milk, and in cases where a dairy is owned by a corpora- tion or company includes the secretary or other person actually managing such dairy.

"Eating-house" means a building or portion thereof used as an eating house, coffee house or other similar establish- ment (where no intoxicating liquors are sold on the premises).

"Food" includes every article or substance used for food or drink, other than drugs, and also every living thing capable of being consumed as food.

"Food Officer" means any person

   means any person appointed by the Council on the recommendation of the Director of Medical and Sanitary Services for the purposes of this Ordinance.

"Food Factory" means a place where food is prepared for sale and includes bake-houses, food preserving establish- ments and aerated water manufactories.

"Health Officer" includes the Director of Medical and Sanitary Services, any medical officer appointed as a Health Officer by the Governor, and any officer for the time being performing the duties of a Health Officer.

411

"Market" means any place, other than a shop, which is ordinarily used for the sale of food, and includes all land and premises in any way used in conjunction therewith or appurten- ant thereto.

premises on which fresh

"Milk Shop" means any premises on milk is sold by retail.

"Restaurant" means a building or portion thereof used as an hotel, eating house, coffee house or other similar establishment and having a licence for the sale of intoxicating liquors.

"Technical services" include inspections, examina- tions, taking of samples, seizures, prosecutions and all other duties of a supervisory nature carried out by Colonial Veterinary Surgeons, Sanitary Inspectors and Food Officers under the powers conferred by this Ordinance and the by-laws made thereunder.

"Sale" or "Sell" includes barter and also includes offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending or delivering for sale or causing or allowing to be sold, offered or exposed for sale, and refers only to sale for human consumption or use.

possession

3. No person shall sell or expose for sale, or bring into Sale and the Colony or into any market, or have in his possession of unwhole- without reasonable excuse, any food for man in a tainted, some food. diseased or unwholesome state, or which is unfit for food for

man.

and seizure

4. (1) Any Food Officer may at all reasonable times Inspection enter into and inspect any place where he has reason to believe of unwhole- there is any food for man intended for sale, or where he has some food. reason to believe there is any food for man in a tainted, diseased or unwholesome state, or which is unfit for food for man.

(2) Any Food Officer may mark, seal or otherwise secure, weigh, count or measure any food, the sale, pre- paration or manufacture of which is, or appears to be, contrary to the provisions of this Ordinance or the by-laws made thereunder.

(3) Any Food Officer or any officer of the Sanitary Department or police officer may inspect any food for man which he may find in any highway, street, road, pier, wharf, waterway, railway or vessel which he has reason to believe to be in a tainted, diseased or unwholesome state, or unfit for food for man.

(4) Any such officer may seize any food which is, or appears to be, held in contravention of section 3; and, if authorised so to do in writing by the Director of Medical and Sanitary Services, may destroy it or so dispose of it as to prevent it from being used as food for man.

(5) Any person claiming anything seized under this section may, within forty-eight hours after such seizure, complain to a magistrate, who may either confirm or disallow such seizure wholly or in part, and may order the article seized to be restored.

(6) If within forty-eight hours after such seizure no complaint has been made or if such seizure is confirmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

Matters

412

     5. It shall be lawful for the Council to make by-laws with regard in respect of any of the following matters :-

to

the Council

has power to make by-laws.

(1) The establishment, regulation and sanitary mainten- ance of slaughter-houses, including the slaughter of cattle, swine, sheep and goats therein, the removal of their carcases therefrom, the conveyance of the same through the streets or otherwise, and such other matters and things in relation to the management of slaughter-houses as may be deemed advisable.

(2) The establishment, regulation and sanitary mainten- ance of markets and the fixing of fees to be charged in con- nection therewith, the control of the sale of food therein, and the removal of the same thereto and therefrom, and such other matters or things in relation to the management of markets as the Council may deem advisable.

(3) The control by licensing or otherwise of persons selling any article of food.

(4) The prohibition of the sale within a certain radius. from a market of articles of any kind sold in such market.

(5) The establishment and the regulation and control by registration, licensing or otherwise of dairies and milk shops.

(6) The regulation and control by registration, licensing or otherwise of food factories and places in which human food or drink is sold or prepared or stored for sale, and of the sale of water, non-alcoholic beverages, fresh provisions and milk.

(7) The regulation and control by registration, licensing or otherwise of street stalls where food is sold or prepared for sale.

(8) The regulation and control by registration, licensing, or otherwise of persons hawking any kind of commodity other than cigars, cigarettes and tobacco.

(9) The regulation, inspection and licensing of eating- houses, restaurants and hotels.

(10) The seizure and disposal of unwholesome food, and the prevention of the manufacture or sale of unsound food.

(11) The prohibition of the addition of any specified thing or of more than the specified quantity or proportion thereof to any food.

(12) The prohibition of any modes of manufacture, pre- paration or preservation of any food.

(13) Securing the cleanliness and freedom from con- tamination of any food in the course of its manufacture, preparation, storage, packing, carriage, delivery or exposure for sale, and the cleanliness of places, receptacles, appliances and vehicles used in such manufacture, preparation, storage, packing, carriage or delivery.

(14) The control, including the prohibition, of the importation of food from the New Territories and from places outside the Colony.

(15) Generally for carrying out the provisions of this Ordinance.

413

6. The by-laws in the Schedule shall be deemed to have Enactment been made under this Ordinance and shall be in force except Schedule.

                              of by-laws in as they may be rescinded, suspended, amended or added to by by-laws made by the Council under section 5.

subject to

7. All by-laws made by the Urban Council shall be sub- By-laws mitted to the Governor, and shall be subject to the approval of the Legislative Council.

approval of Legislative Council.

8.-(1) Every person who contravenes any of the provi- Penalties. sions of this Ordinance or of any by-law made thereunder shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, as well as to suffer any forfeiture that may be prescribed therein.

(2) Any licence issued under any by-law made under this Ordinance shall be liable to cancellation by the Council on the breach of any by-law to which the holder of such licence is subject.

services.

9. The execution of the various technical services Direction prescribed by this Ordinance and the by-laws made thereunder of technical shall be carried out under the general direction of the Director of Medical and Sanitary Services.

10. No matter or thing done by the Council or by any Limitation member or officer of the Council or by any person whatsoever of liability. acting under the direction of the Council shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever : Provided that nothing herein con- tained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Ordinances

11. Nothing in this Ordinance or in the by-laws in the Certificates Schedule thereof shall be deemed in any way to derogate granted under from or lessen the validity or effect of any licence, certificate repealed or written permission of the Sanitary Board granted before preserved. the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate or written permission: Provided that any such licence shall be liable to cancellation. in the same circumstances as any licence issued under any by-law made under this Ordinance.

12. The Miscellaneous Licences Ordinance, 1933, is Amendment amended as follows:-

(a) by the addition of the words "of tobacco, cigars or cigarettes" after the word "Hawker" in the First Schedule thereof;

(b) by the deletion of that part of the Table in Part I of the Second Schedule thereof which refers to Hawkers and Massage establishments and by the substitution of the follow- ing:

Hawker of tobacco,

cigars or cigarettes...Annual $ 8...Superintendent of

Imports and Exports.

Massage establishment...Annual $25...Inspector General

of Ordin- ance No. 25 of 1933.

of Police.

Commence- mont.

414

(c) by the rescission of the regulations contained in Part III of the Second Schedule thereof.

13. This Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the date of commencement of this Ordinance.

SCHEDULE.

BY-LAWS.

[s. 6.]

Dairies and Milk Shops.

1. In these by-laws--"Milk" includes cream and skimmed and separated milk, but does not include imported preserved milk.

"Disease" means any disease of an infectious or contagious nature, and includes, in the case of cattle, any discase of the udder which is liable to cause contamination of the milk.

2. No person shall carry on the trade of a dairyman unless he holds a licence issued in hat behalf by the Council. On such licence shall be affixed the photograph of the licensee. Such licences shall be issued for such period not exceeding one year as the Council thinks fit.

3. No person shall be licensed until he shall have furnished full information to the satisfaction of the Council as to his residence, the place where the milk is kept for sale, the place where the milk is produced, the place where the cattle are kept, the nature of his water supply and the general suitability of his arrangements for carrying on such trade.

4. Every person so licensed shall notify the Council forthwith of any change in the source from which his milk is derived.

5. Every person so licensed shall at all times afford any Health Officer, Colonial Veterinary Surgeon or Food Officer free access to all premises occupied by him, whether as a dairy or milk shop or not, for the purpose of inspection, and shall produce his licence on demand.

6. Every dairyman whilst purveying or selling milk shall carry his licence with him and shall produce it when demanded by any Health Officer, Colonial Veterinary Surgeon or Food Officer.

7. Every place used by a licensed person as a dairy or milk shop shall be specfied in the licence issued by the Council, and a place not so specified therein shall not be used as a dairy or milk shop by such person.

8. Every building used as a dairy or milk shop shall be registered annually during the month of January at the office of the Council and every application for registration shall be made in the form to be. supplied by the Secretary of the Council.

9. Every dairy and milk shop shall be adequately lighted and ventilated to the satisfaction of the Council, and the floor shall be paved with a layer of not less than six inches of good lime-concrete, or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness, or of such other material of such nature and thickness as the Council may approve. In the case of a place where cattle are kept, the floor shall be raised at least eight inches above the ground level and shall have a slope of not less than one in sixty and shall directly communicate by an independent drain to be constructed as the Council may direct with a covered cement catch-pit the contents of which shall be removed daily.

-

415

10. No water closet, dry closet, earth closet or urinal shall be within, or be in direct communication with, any dairy or milk shop.

11. No building or part of a building shall be used as a dairy or milk shop until such premises have been approved by the Council as being in accordance with these by-laws and have been registered.

12. Except with the written permission of the Council no dairyman shall have in his dairy or milk shop any milk derived other- wise than from premises registered under by-law 8.

13. The whole of the interior walls (unless tiled) and the ceilings of the rooms of every dairy and milk shop shall be properly lime-washed during the months of January and July of each year.

14.-(i) Every dairyman shall cause every part of any dairy or milk shop in his occupation to be thoroughly cleansed from time to time as often as may be necessary to secure that such dairy or milk shop shall be at all times clean to the satisfaction of a Health Officer, Colonial Veterinary Surgeon or Food Officer. It shall be scraped and white- washed whenever required by the Council.

(ii) He shall cause the floor of every such dairy or milk shop to be thoroughly cleansed and all dung and other offensive matter to be removed from such dairy or milk shop as often as may be necessary and not less than once daily.

(iii) He shall keep in or in connection with every dairy or milk shop in his occupation a supply of clean fresh water suitable for all such purposes as may from time to time be necessary.

(iv) He shall not deposit or keep any milk in any room used as a kitchen or as a living room.

15.-(i) Every dairyman shall cause every vessel and utensil used by him for the reception of milk to be of such material and design as the Council may approve.

(ii) He shall cause every vessel, receptacle or utensil used by him for containing milk to be cleaned thoroughly with steam or clean boiling water after it has been used and to be maintained in a constant state of cleanliness.

(iii) He shall not permit or suffer any person to drink out of any vessel or measure used by him in purveying milk.

(iv) He shall not cause or suffer any animal belonging to him or under his control to be milked unless :-

(a) at the time of milking the udder and teats of such animal

are thoroughly clean.

(b) the hands of the person milking such animal are thoroughly

clean and free from all infection and contamination.

16. It shall be the duty of every dairyman to use due diligence and care to ascertain the presence of sickness or disease upon his dairy or milk shop premises and to ascertain whether such sickness or disease is of a contagious or infectious nature, and he shall be presumed to know of the existence of such sickness or disease, unless and until he shows to the satisfaction of the magistrate, before whom he is charged, that he could not with reasonable diligence have obtained such knowledge.

17. Every dairyman shall, when any person residing in his house or being upon his premises is suffering from any infectious or con- tagious disease, give immediate notice thereof in writing to a Health Officer.

18. If at any time disease of an infectious or contagious nature dangerous to animals or mankind or any disease of the udder exists among the cattle belonging to or under the charge of a dairyman, or amongst other animals associated with the cattle of such dairyman, he shall notify the same forthwith to a Health Officer or Colonial Veterinary Surgeon.

19. Whenever

416

rea-

has Health Officer is of opinion or a son to suspect that any person in the Colony is suffering from an infectious disease attributable to milk supplied from any dairy or milk shop situated within the Colony, or that the consumption of milk from any dairy is likely to cause infectious disease to any person, he shall have power to inspect such dairy or milk shop and medically to examine any person residing or employed therein and, if accompanied by a Colonial Veterinary Surgeon, to inspect and examine the animals therein, and the carcases of any animals that may have died therein.

20. Every dairyman shall take all reasonable and proper pre- cautions in and in connection with the storage and distribution of milk, and otherwise, to prevent the exposure of the milk to any infection or contamination.

21. No dairyman shall allow any person suffering from an infectious or contagious disease or having recently been in contact with a person so suffering to reside or enter upon his premises or to milk any animal or handle any vessel used for the reception of milk or in any way to take part in the conduct of the production, preparation, storage, distribution or sale of milk.

22. The milk of a diseased animal or of any animal which has been in contact with or associated with a diseased animal and the milk of which is in the opinion of a Health Officer or Colonial Veterinary Surgeon likely to have become or to become contaminated :-

(a) shall not be mixed with other milk;

(b) shall not be sold as human food; and

(c) shall not be sold or used as food for other animals save with

the permission of a Health Officer.

23. If a Health Officer or Colonial Veterinary Surgeon is of opinion that infectious disease is caused or likely to be caused by the consumption of the milk supplied from any dairy, or that the public health is or is likely to be endangered by any act or default of any dairyman, such Health Officer or Colonial Veterinary Surgeon may make an order in writing with a view to stopping the supply, distribution or sale of such milk, absolutely or under conditions laid down in such order.

24. If an order prohibiting the supply, distribution, or sale of milk is made against a dairyman under the provisions of the preceding by-law, he shall not be entitied to claim compensation for any damage or loss which he may sustain thereby.

25. Any person aggrieved by any order made by the Urban Council or any Officer may appeal to the Governor-in-Council.

26. (a) No person shall spit in any dairy or milk shop except into spittoons provided for the purpose.

(b) The registered proprietor of every dairy and milk shop shall cause to be conuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council. requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(c) The registered proprietor of every dairy and milk shop shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Food Factories.

A. General.

1. No building or part of a building shall be used as

factory unless licensed by the Council.

a food

2. Every keeper of a food factory shall cause the floor thereof to

be thoroughly washed and cleansed at least once every day.

417

M

3. Every keeper of a food factory shall cause the whole of the inside walls thereof to be properly scraped and whitewashed at least once a quarter and also at all other times when he may be required to do so by notice in writing from the Council.

4. Every keeper of a food factory shall cause every table and implement used in the preparation of food and every table, shelf or other article used to hold or contain food to be thoroughly washed and cleansed once at least in every day.

5. No keeper of a food factory shall use any but wholesome water for the preparation of food or for cleansing the premises.

6. Every keeper of a food factory shall cause every means of venilation in connection therewith to be kept in good order and efficien action.

7. No keeper of a food factory shall cause or allow to be brought into, placed in or carried through such food factory any night-stool or other receptacle for urine or excreta.

8. No keeper of a food factory shall sit, stand or lie down upon any table or shelf in such food factory, nor shall he allow any other person to sit, stand or lie down upon any such table or shelf, nor shall he sleep or allow any other person to sleep within such food factory, except in accordance with the provisions of by-law 16.

9. No person suffering from any skin disease or infectious dis- order, or who has recently been in contact with a person so suffering, shall enter any food factory or take part in or assist in any way in the conduct of the trade carried on there.

10. No person shall commit a nuisance within the precincts of any food factory.

11. No keeper of a food factory shall keep or allow to be kept therein any animal or bird.

12. Every keeper of a food factory shall afford to any Food Officer free access to every part thereof for the purpose of inspection at ail hours during the day time and also at all times during the night when work is going on in the food factory.

13. Whenever it appears to the Council that any house or building or part thereof used for the preparation, storage or sale of food is in such an insanitary condition as to be unfit for such use, the occupier or, in the case of unoccupied premises, the owner thereof shail whitewash, cleanse or purify the same in such manner as may be required by the Council by notice in writing signed by the Secretary thereof.

14. No occupier of any house or building or part thereof which is used for the preparation, storage or sale of food shall keep or allow to be kept therein or adjacent thereto for more than 24 hours or otherwise than in some proper receptacle, any dirt, dung. bones, ashes, nightsoil, filth or any noxious or offensive matter, or shall suffer such receptacle to be in a filthy or noxious state or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

15.-(a) No person shall spit in any food factory except into spittoons provided for the purpose,

(b) The registered proprietor of every food factory shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(c) The registered proprietor of every food factory shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Ordinance No. 36 of 1931.

Ordinance No. of

1935.

Ordinance No. 16 of 1903.

418

16. Where in any food factory any part of a floor to which the licence relates is used for sleeping purposes, such part shall be parti- tioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

B. Aerated Water Factories.

1. For the purpose of these by-laws the term "aerated waters" shall mean any liquid intended for human consumption which is impregnated with carbon dioxide or oxygen or both under pressure, but shall not include any intoxicating liquors as defined in the Liquors Ordinance, 1931.

2. No premises shall be used for the manufacture of aerated waters unless such premises have been licensed by the Council.

3. Licences shall be renewed annually in January.

4. Such premises shall comply in all respects with the provisions of the Buildings Ordinance, 1935.

5. No water shall be used in any aerated water factory whether for the manufacture of aerated waters or for any other purpose except such as is derived from waterworks as defined in the Waterworks Ordinance, 1903, and is laid on to the premises, provided that the Council may give permission for the use of water from any other source for any purpose for which such water is required. All water used for the manufacture of aerated waters shall be subjected to such purifica- tion as the Council may require.

6. All utensils and machinery used in the manufacture and packing of aerated waters shall be kept in a cleanly condition

7. No aerated water factory shall be used for any other purpose except with the permission of the Council.

8. The manufacture of aerated waters shall not be carried on in any part of a building which is used for domestic purposes.

9. No animals except cats shall be kept in any aerated water factory.

10. No drain inlet shall exist in any part of any premises actually used for the manufacture of aerated waters.

11. Every aerated water factory shall be provided with adequate kitchen, ablution, urinal and latrine accommodation to the satis- faction of the Council.

12. Every aerated water factory shall, between the hours of 6 a.m. and 6 p.m. and at any other time by order in writing from the Council, be open to the inspection of any Food Officer specified in such order.

13. All premises in which the work of manufacturing aerated waters is carried on shall have their floor surfaces on ground surfaces of non-absorbent material finished off smooth, and their walls rendered to a height of seven feet with cement-mortar or other non-absorbent material, or be otherwise constructed and maintained to the satis- faction of the Council.

14. Every aerated water manufactory shall be adequately lighted and ventilated to the satisfaction of the Council, and the ground sur- faces shall be paved with a layer of not less than six inches of good lime-concrete or not less than three inches of cement-concrete com- posed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or of such other material of such nature and thickness as the Council may approve.

15. Every room or other part of every aerated water manu- factory in which the actual work of manufacturing aerated waters is carried on shall have the interior surfaces of the walls and ceilings or roofs limewashed throughout during the months of January and July each year.

}

}

419

16. The Council shall have power to exempt any aerated water manufactory from all or any of the foregoing by-laws.

C. Bake-houses.

1. All premises used as bake-houses shall be registered annually, during the month of January, at the office of the Secretary to the Council and every application for registration shall be made in the form in the Schedule to these by-laws.

2. Every bake-house shall be adequately lighted and ventilated to the satisfaction of the Council and the ground surfaces shall be paved with a layer of not less than six inches of good lime-concrete or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement- mortar of not less than half an inch in thickness or of such other material of such nature and thickness as the Council may approve.

3. Every bake-house shall have an ample supply of good potable water and, except with the special permission of the Council, this water shall be laid on to the bake-house from the public water mains.

4. Every bake-house shall be so drained as to be in accordance with the requirements of the Building Authority, and all inlets to the drains shall be placed outside the building.

5. No water closet, dry closet, earth closet or urinal shall be within or in direct communication with any bake-house.

6. Every bake-house shall be kept at all times in a cleanly condition and free from all noxious matter. The troughs, tables and utensils in use in the bake-house shall be thoroughly cleansed and the floors properly swept at least once in every twenty-four hours. The whole of the interior walls and the ceilings of the rooms shall be properly limewashed and the wood-work thoroughly scrubbed with soap and water during the months of January and July of each year.

7. No animals except cats shall be kept in a bake-house.

8. No person suffering from any infectious or contagious disease shall be permitted to take part in the manufacture or sale or delivery of bread or biscuits.

9. Every bake-house shall, during the hours at which baking operations are carried on, be open to inspection by any Food Officer or officer of the Sanitary Department.

10. No premises shall be used as a bake-house until such premises have been approved by the Council as being in accordance with these by-laws and have been registered.

SCHEDULE.

[Bake-houses by-law 1.]

FORM OF APPLICATION.

I, the undersigned, hereby notify the Urban Council that I

propose to commence/continue the business of a bake-house on the premises known as No.

floor, Lot No.

7

Street,

and I beg leave to request that the said

premises may be duly registered as a bake-house.

Signature of applicant.

Schedule.

420

D. Food Preserving Establishments.

1. For the purposes of these by-laws the expression "food preserving establishment" means any business, undertaking or concern which carries on the trade of food preserving, or any of the branches of such trade, that is to say, the making of sugar confectionery, cocoa, chocolate, jam, marmalade, preserved fruits, Chinese preserves, fruit and table jellies, meat extracts, meat essences, sauces

and pickles; the preparation of meat, poultry, game, fish, vegetables and fruit for sale in a preserved state in tins, pots, bottles, jars, barrels, drums and similar receptacles; and the processes of wrapping and filling, and packing other than the packing of the finished article in cases or crates merely for storage or transport.

2. A register of food preserving establishments shall be kept by the Secretary of the Council.

3.-(1) No person shall continue or commence any food-preserving establishment unless it is registered under these by-laws.

(2) In order to effect registration, and subject to these by-laws, one of the persons specified in paragraph (3) shall furnish to the Secretary of the Council the particulars specified in the form in the Schedule to these by-laws and shall certify the correctness of such particulars and of his own description.

(3) The particulars specified, and any other particulars and certifi- cates required by this by-law shall be furnished and certified by the proprietor or one of the proprietors of the food preserving establish- ment and in the case of a company by a director, manager, secretary or other officer of the company.

(4) If any change occurs, or if any inaccuracy is discovered, in any of the specified particulars, the persons specified in paragraph (3) shall, within seven days, furnish substituted particulars to the Secretary of the Council and shall certify the correctness of such substituted particulars and of their own descriptions: provided that if one of such persons complies with the requirements of this paragraph the obligations imposed by this paragraph on any other person shall be deemed to have been discharged as regards the substituted parti- culars so furnished.

(5) In case of any material departure from the particulars or substituted particulars furnished in respect of any food preserving establishment such food preserving establishment shall be deemed to be unregistered.

4. The following conditions and requirements shall be complied with in respect of every food preserving establishment:

(1) Except with the permission of the Council no water shall be used for any purpose other than water from the Government Water Works and laid on to the premises.

(2) All premises, apparatus, utensils and machinery shall be kept in a cleanly condition and free from all noxious matter.

(3) Except with the permission of the Council the premises shall not be put to any other use or purpose, domestic or otherwise.

(4) No animals except cats shall be kept on the premises.

(5) No drain inlet shall exist or remain in any part of the premises.

(6) Adequate kitchen, ablution, urinal and privy accommodation, to the satisfaction of the Council, shall be provided.

(7) The ground surfaces of the premises shall be laid with not less than six inches of good lime-concrete, or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness, or of such other material of such nature and thickness as the Council may approve. Floor surfaces other than ground surfaces shall be of non-absorbent material, finished off smooth.

421

(8) The walls shall be rendered to the height of seven feet with cement-mortar or other non-absorbent material or be otherwise con- structed and maintained to the satisfaction of the Council.

(9) Adequate lighting and ventilation, to the satisfaction of the Council, shall be provided.

(10) The interior surfaces of the walls and ceilings or roofs shall be limewashed throughout during the months of January and July each year.

(11) The premises, and the work being carried on, and all apparatus, utensils, receptacles, machinery, fittings, fixtures and things therein, and accommodation referred to in paragraph (6) shall be open, between the hours of 6 a.m. and 6 p.m., to the inspection of

any member of the Council and any Food Officer.

(12) Exemptions from or modifications of all or any of the conditions or requirements of by-law 3 may be granted by the Council in its discretion and with or without conditions of exemption or modification. Such exemptions and modifications shall be noted in the register.

(13) Subject to exemptions and modifications as aforesaid the Council may refuse registration, and may strike off any food preserving establishment from the register, if the conditions and requirements of these by-laws are not complied with.

SCHEDULE.

[Food Preserving Estab- lishments by-law 3 (2)]

FORM

FOOD PRESERVING ESTABLISHMENTS.

Name of establishment

Address

Proprietor

Description of premises....

Branch or branches of the food-preserving trade carried on.

Date

I certify that the above (substituted) * particulars are correct and

that I am...........

*Delete if necessary.

Signature of informant.

or

or

422

Food Shops.

or

or

1. Except under and in accordance with a licence granted by the Council, no person shall within the City of Victoria

 in the Harbour,

Kowloon

in New Kowloon, Shaukiwan, Quarry Bay, Wong Nei Chung, Tai Hang, Whitfied, Tsin Shui Ma Tau, Fu Tau Fat, Ma Shan Ha, Sai Wan Ho, Chung Lung, Tsat Tsze Mui, Pokfulam, Aberdeen and Aplichau, or in such other places as shall be named in any Government Notification, sell or expose for sale in any place not being a public market within the meaning of this Ordinance any articles of food for man usually sold or exposed for sale in a public market.

2. The following fees shall be charged and paid for licences to sell in premises outside a public market articles of food commonly sold in such market

$10 per quarter;

Beef and Mutton

Pork

Fish

Poultry

$30

$60

;

11

$60

;

$10

11

Fruit and Vegetables

Provided that in the following areas, namely, Tsin Shui Ma Tau, Fu Tau Fat, Ma Shan Ha, Chung Lung, Pokfulam, Aberdeen and Aplichau, and such other districts as may from time to time be deter- mined by the Council and notified in the Gazette, the fee shall in every case be $3 per quarter only.

3.-(1) No person shall within the Hill District that is to say any part of the Island of Hong Kong above the 700-feet contour-- (a) keep any shop for the sale of any article of food; or (b) expose or offer with a view to sale any article of food; or (c) warehouse or store any article of food intended for sale; or (d) knowingly permit any premises, owned or occupied by him, or otherwise under his management or control, to be used as a shop for the sale of any article of food or for the purpose of warehousing or storing any article of food intended for sale; or

(e) have in his possession or control any article of food with a view to the sale thereof or knowing that the same is in- tended for sale,

except with a licence from the Council and in accordance with the terms of such licence.

(2) It shall be lawful for the Council to prescribe in the case of any such licence any terms which may to the Council seem desirable.

(3) This by-law shall not apply to the following:-

(a) the sale of food by the keepers of hotels and boarding houses

to guests and visitors;

(b) the sale of green vegetables, fruit, confectionery, bean curd,

congee, soup or other prepared food by licensed hawkers; (c) public sales by licensed auctioneers: provided that in any sale of intoxicating liquor the provisions of the Liquors Ordin- ance 1931 are complied with;

(d) the sale of eggs.

(4) In this by-law 'shop' includes every place where any article is sold ordinarily from time to time.

4. Any breach of these by-laws shall render the licence or licences subject to immediate cancellation, and in the event of cancellation no fees shall be refunded.

5. All fees shall be paid quarterly in advance, within the first seven days of the quarter, to the Chairman of the Council.

423

6. No licensee shall sub-let, assign or transfer his licence or licences, or any part thereof, to any person without the written per- mission of Council.

7. No meat other than the meat of animals which have been slaughtered in a Government Slaughter-house shall be sold or exposed for sale except with the written permission of the Council.

8. The Inspector of Markets or any officer duly authorised in writing by the Council shall be allowed access to any licensed premises at all times when the premises are open for business, and the licensee shall produce his licence whenever required to do so by any such officer.

9. The premises shall have a signboard in a conspicuous position showing in English and Chinese (a) the name of the licensee, (b) the nature of the business carried on, and (c) the number of the licence: Provided that the Council may exempt any premises from this requirement.

10. No structural alteration of the premises shall be made with- out the previously obtained consent in writing of the Council.

11. Every licensee shall provide himself a sufficient number of portable dust-bins in accordance with one or other of the patterns on view in the markets.

12. Every licensee shall cause all dust, garbage and solid refuse of any kind which may be produced or may accumulate in the course of his business or in the cleansing of poultry or fish to be immediately placed in a portable dust-bin, and he shall, as often as may be necessary, but never less than once a day, cause such dust-bins to be removed and emptied.

13. No person shall spit in any premises specially licensed for the sale of food usually sold in a market, except into spittoons provided for the purpose.

14. The licensee shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, a notice. or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on. the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

15. The licensee shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in. such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

16. The licensee shall normally be in attendance at his place of business and shall not absent himself for more than one calendar month without previously notifying the Chairman of the Council.

17. Every dealer in fresh meat shall thoroughly wash and cleanse his shop and all fittings and utensils belonging thereto at least twice. a day.

18. Every fishmonger shall thoroughly wash and cleanse his shop. and all fittings and utensils belonging thereto at least twice a day.

19. Every poulterer shall thoroughly cleanse his shop, pens and all fittings belonging thereto at least twice a day and shall provide a supply of fresh drinking water for any live birds that may be kept in such pens.

20. No birds other than poultry and no animals other than cats. shall be kept on the premises.

21. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of food or utensils shall be permitted in the part so partitioned off for sleeping purposes.

!

424

22. One or more copies of these by-laws, in English and Chinese, shall be posted up in a conspicuous place in the premises, provided that the Council may exempt any premises from this requirement.

If other goods in addition to those covered by the special food licence are also to be sold on the same premises, the following additional by-laws shall apply.

23. In addition to the articles of food covered by the special licence only such other articles shall be sold as may be approved in writing by the Council.

24. No person shall sleep on the premises.

25. Without the consent of the Council no cooking shall be done on the premises.

26. The floor surface and the walls to a height of 8 feet shall be of impervious material rendered smooth. All openings to the external air, except the main entrance, shall be dust, rat and fly proof. All internal drainage, except flush operated sanitary fittings and wash basins with running water, shall drain by surface channels to a point. cutside the premises. An adequate supply of main water shall be laid on to the satisfaction of the Council.

27. Sufficient flush closets or fly proof commodes of an approved pattern shall be provided to the satisfaction of the Council. Facilities for washing shall be provided.

28. Employees shall wear clean clothing.

29. No person suffering from, or who has been in contact with infectious disease, shall be employed on the premises.

30. All fittings, utensils and implements shall be of impervious material except in the case of special fittings, etc., approved by the Council.

31. The premises, fittings, etc. shall be maintained at all times. in a state of cleanliness satisfactory to the Council.

32. Goods imported from sources approved by the Council may be sold, the Council retaining the right to require that goods from any particular source shall be declared to the Council and must be inspect- ed and passed by the Council before being exposed for sale or used for any trade purpose in the premises.

33. All goods sold shall be covered in a clean wrapper before removal from the premises.

34. When more than one class of goods is sold the separation of the goods in sale and storage shall be to the satisfaction of the Council.

35. The licensee shall maintain a stock ledger on the premises and the arrival of all goods on the premises shall be entered therein within 24 hours of arrival. The stock ledger shall be produced for inspection when required. Each entry shall contain such information regarding the origin, etc., of the goods as the Council may require.

If special food licences are issued for the sale on the same premises of more than one class of food commonly sold in markets, the following additional by-laws shall also apply.

36. No person shall sleep on the premises and the premises shall have no direct communication with any domestic premises.

37. The floor surface shall be of impervious material rendered smooth. The wall surfaces shall be of polished impervious material. All openings to the external air, except the main entrance, shall be dust, rat and fly proof. All internal drainage except flush operated sanitary fittings and wash basins with running water shall drain by surface channels to a point outside the premises. An adequate supply of main water shall be laid on at a number of points to satisfy the Council. Ceilings shall be dust proof.

425

38. Sufficient flush sanitary apparatus and wash basins with hot and cold water shall be supplied to the satisfaction of the Council. An adequate supply of clean towels shall be available at all times.

39. Employees shall wear clean washable overalls of white or the colour customary to the trade concerned.

40. No person shall be employed in handling uncovered goods until he has been passed "free from infectious disease" by a Health Officer. Such specimens and information as the Health Officer may require to reach his decision shall be supplied by the employee.

41. All fittings, utensils and implements of the trade shall be of polished impervious material and of a design approved by the Council except in the case of a special fitting, utensil or implement approved by the Council.

42. Refrigerated or gas storage for perishable goods must be of a design approved by the Council.

43. The licensee shall report immediately to the Chairman of the Council any case of sickness among his employees.

Hawkers.

A. General and Licensing.

1. These by-laws shall not apply to any hawker in the New Territories, except New Kowloon.

2. In these by-laws,

(a) "Hawker" means any person who trades in any street or public thoroughfare or goes from place to place, or goes on board any vessel, selling or exposing for sale any goods, wares or merchandise immediately to be delivered, or exposing samples or patterns of any goods, wares or merchandise to be afterwards delivered, or selling or offering for sale his skill in handicraft, except a person selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein and who buy to sell again.

(b) "Place" includes any house, shop, room, office, boat, vehicle or vessel, or any erection movable or otherwise, or any spot on land or water.

(c) "Licence" means a valid licence of the appropriate class, as hereinafter provided, issued to a hawker by the Council under the hand of the Secretary of the Council in accordance with these by-laws.

3. No person shall carry on the trade of a hawker except under and in accordance with a licence.

4. There shall be five classes of licence for hawkers, the annual fees for which shall be as set forth in the following table, namely:--

Licence

Hawker (stallholder)

do.

(itinerant)

do.

(steamships)

do.

(native craft)

do.

(newspaper)

Fee

$24

$4

$24

$ 4

$ 1

5. The forms of such licences shall be respectively those in Forms Appendix. Nos. 1, 2, 3, 4 and 5 in the Appendix to these by-laws.

6. The trade of every licensed hawker shall be strictly limited to the class of his licence.

7. Every licence shall expire on the 30th day of September follow- ing the date on which it is granted.

Forms 1-5.

ļ

426

8. A person requiring a licence or any renewal thereof shall make application to the Secretary of the Council, and shall when making the same

(a) pay to the Secretary the prescribed licence fee, and

(b) furnish such copies of his photograph, not exceeding four, as the Council may require.

9.--(1) The Council may in its absolute discretion refuse to grant or renew any licence, or may revoke a licence granted

(a) to any person under 21 years of age;

(b) to any person who may be unsuitable to hold such licence; and

(c) to any person or in respect of any place, if such refusal or revocation is, in the opinion of the Council, expedient in the public interest.

(2) Upon any breach of any by-law relating to hawkers or of any condition of a licence the Council may in its absolute discretion revoke the licence.

10. If the Council refuses to grant or renew a licence, the licence fee shall be refunded, or, if the Council revokes a licence except on the ground of misconduct, a part of such fee shall be refunded to the applicant or licensee.

The part of the fee so refunded shall bear to the whole fee the same proportion as the unexpired part of the term for which the licence was granted bears to the whole term.

No refund shall be made in respect of any period during which a licence shall have been in force.

11. (1) Every licence may on its expiration be renewed for further periods not exceeding one year at a time.

(2) Such renewal shall be endorsed by the Secretary of the Council on the original licence, and shall be subject to the same fee as the fee prescribed by these by-laws for such licence.

12. The Council may, on sufficient cause being shown to its satis- faction and subject to such conditions as it may think fit to impose, permit the transfer of a licence to any person or for any place other than that to whom or for which the licence was issued, and thereupon the Secretary of the Council shall endorse such transfer on the licence.

13. The Council may impose such special conditions in respect of any licence as the circumstances may require.

14. If the Council is satisfied that a licence granted or transferred to any person has been lost or destroyed, or accidentally defaced, it may issue to such person a duplicate of the licence on payment of a fee of 25 cents in the case of a newspaper hawker, $1 in the case of an itinerant or native craft hawker, and $5 in the case of a steam- ships or stallholder hawker.

15. No person shall alter, deface or make any erasure on а licence, and no person shall use, or have in his possession with a view to use, a licence on which an erasure has been made, or which has been altered or defaced in any way.

16. Every licence shall specify the kind or class of goods, wares or merchandise for the sale of which the licence is granted, and no licensed hawker shall sell anything of a nature or class other than that specified in such licence.

17. When a licence has been granted to any person in respect of any place, such person shall not carry on the trade of a hawker at any other place without an appropriate licence for such place and the written approval of the Council under the hand of the Secretary of the Council.

427

18. When hawking, every licensed hawker shall carry a valid licence issued to him, and shall produce and show the same to any sanitary inspector or police officer, and, in the case of

(steamships) or hawker's (native craft) licence, to any revenue officer, on demand. Such officer may retain such licence for examination or endorsement by the Council, and such licence shall, unless revoked, be returned to the licensee within a reasonable time.

19. No licence shall authorise any person to go on board any ship without the written permission of the master or officer in charge of such ship.

20. No licensed hawker shall hawk in the enclosure to any naval, military or air force premises or in the Man of War Anchorage on the North side of the City of Victoria as defined in Table M of the Merchant Shipping Ordinance, 1899.

21. Every licensed hawker shall collect and remove all refuse caused by his trade, and shall keep the implements of his trade in a clean and wholesome condition.

Ordinance No. 10 of 11.99.

B. Licensed (itinerant) hawkers.

The following regulations shall apply only to licensed (itinerant) hawkers:

1. The Council shall when issuing an itinerant hawker's licence supply to the licensee a numbered licence board, and the holder of such licence shall when hawking carry and exhibit such board in a conspicuous position so that the number shall be at all times clearly visible.

2. No licensed itinerant hawker shall use or utter any cry, or make or use any other noise for the purpose of attracting attention to his trade, within the following roads, streets and areas:-

(1) in the City of Victoria:

(a) Bonham Road, Caine Road, Upper Albert Road and Kennedy Road, and the whole area to the south thereof;

(b) the area bounded on the north by Queen's Road, on the west by Cochrane Street and Old Bailey, on the south by Caine Road and Upper Albert Road, and on the east by Garden Road, including such boundaries; and

(c) Wanchai Road, Morrison Hill Road, Leighton Hill Road, Caroline Road, Causeway Bay Road and the whole area to the south and south-east thereof;

(2) any part of Broadwood Road, Ventris Road, Village Road, Stubbs Road and the area known as Wong Nei Chung Village, not included in paragraph (1) (c);

(3) any part of the Hill District as defined in the Rating Ordinance Ordinance, 1901; and

(4) in Kowloon :

(a) the whole area south of a dividing line passing along the north side of Austin Road and produced at either end in an easterly and westerly direction respectively to the sea;

(b) to the north of such dividing line, the area bounded by and including on the west Nathan Road, on the north Prince Edward Road, and on the east Argyle Street from its junction with Prince Edward Road to Waterloo Road, thence bounded by and including Waterloo Road to the railway line, thence bounded by and including the railway line to the northern boundary of the area in paragraph (a);

(c) to the north of the area in paragraph (b), the area bounded by and including on the west the railway line, on the north Cornwali Street, and on the east Waterioo Road; and

(d) Jordan Road, where not included in the above areas.

No. 6 of 1901.

Ordinance No. 2 of 1870.

428

3. No licensed itinerant hawker shall-

(1) trade within the boundaries of the Wongneichong Recreation Ground as defined under the Public Places Regulation Ordinance, 1870: or

(2) trade within the area bounded on the north by the Harbour, ou the west by Wing Wo Street, on the south by Queen's Road, and on the east by Murray Road, including such boundaries, or in Stanley Street, or in any portion of any street leading directly from Stanley Street to Queen's Road; or

(3) sell, expose or have in his possession for sale any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force relating to markets.

4. No tray, basket, box, tub, pan, pail, tin or other receptacle in which any itinerant hawker carries or displays his wares shall exceed three feet in length and three feet in width, and no such hawker shall have in his possession for the purposes of his trade more than two such receptacles and one smaller receptacle, of not more than twc feet cubic capacity, for refuse.

5. No licensed itinerant hawker shall sell, expose or have in his possession for sale any prepared food not usually sold by licensed hawkers.

6. The holder of every itinerant hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose which shall be endorsed on the licence:-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 10 p.m.

C. Licensed (stallholders) hawkers.

The following regulations shall apply only to licensed (stallholders) hawkers:

1. The Council shall when issuing a (stallholder) hawker's licence supply to the licensee a card bearing the licensee's name, a licence number, and particulars of the site and measurements of his stall, and the holder of such licence shall exhibit and keep such card exhibited on his stall in a conspicuous position approved by the Council.

2. Only stalls of a pattern approved by the Council, similar to the models exhibited at the offices of the Council, shall be used.

3. No licence taken out by any person to carry on the trade of a (stallholder) hawker shall confer on such person any right in any site o pitch, and such person shall place his stall only in such position as the Council may approve.

4.

Council may at any time direct the removal of any stall from any position to any other position, and the holder of a licence for such stall shall thereupon remove the stall and place it in accordance with such direction of the Council.

5. No licensed (stallholder) hawker shall place his stall or any part thereof or anything used in or pertaining to his trade within ten feet of any storm water grating, or in such manner as to obstruct any sidechannel.

6. No stall for the sale of cooked food shall exceed seven feet in length or four feet in width, and no other stall shall exceed six feet in length or three feet in width.

7. The licensee of every stall for the sale of cooked food, fruit or vegetables shall provide and maintain to the satisfaction of the Coun- cil a covered receptacle of galvanized iron for refuse.

429

8. No licensee of any stall for cooked food shall have any chimney at or near his stall, nor shall he use any wood, coal or other fuel except charcoal.

9. No licensed (stallholder) hawker shall sell or have in his posses- sion for sale or expose for sale-

(1) any food commonly used for human consumption not usually sold by licensed hawkers;

(2) any kerosine, gunpowder, firecracker or other description of dangerous goods as defined in the Dangerous Goods Ordinance, 1873; or Ordinance

(3) any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force. relating to markets, except, as regards this paragraph with the written permission of the Council.

10. No licensed (stallholder) hawker shall use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade.

11. Every licensed (stallholder) hawker shall employ at his stall only such assistants as the Council may approve. The names and photograph of every assistant so approved shall be endorsed on the licence.

12. The holder of every (stallholder) hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 11 p.m.

D. Licensed (native craft) hawkers.

The following regulations shall apply to every hawker licensed to trade on board native sailing craft:

No. 1 of 1873.

1. The holder of every hawker's (native craft) licence shall trade in the harbour or other area for which his licence is issued only on board native sailing craft or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and Ordinance specified in the licence.

2. The Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat, but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

3. No hawker licensed to trade on board native sailing craft shall

(1) trade on any steamship or motorship or board such ship for the purposes of his trade; or

(2) trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board native sailing craft shall deal in, sell, or have in his possession for sale, or expose for sale

(1) any kerosine, gunpowder, firecracker or other description of dangerous goods as defined in the Dangerous Goods Ordinance, 1873;

(2) any liquor, tobacco, cigarettes or other article on which a duty is imposed under any Ordinance for the time being relating to revenue;

or

No. 10 of 1899.

Ordinance No. 1 of 1873.

(3) any marine stores as defined in the Marine Stores Protection Ordinance Ordinance, 1919.

No. 13 of 1919.

Ordinance

No. 10 of 1899.

Ordinance No. 1 of 1873.

Ordinance No. 13 of 1919.

430

5. No hawker licensed to trade on board native sailing craft shall knowingly let fall or throw anything whatsoever into the waters of the harbour.

6. The holder of every hawker's (native craft) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

E. Licensed (steamships) hawkers.

The following regulations shall apply to every hawker licensed to trade on board steamships :---

1. Every person holding a hawker's (steamships) licence shall trade in the harbour or other area for which his licence is issued only on board steam and motor vessels or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and specified in the licence.

2. he Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

3. No hawker licensed to trade on board steamships shall trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board steamships shall on board any ship-

(1) use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade; or

(2) lay out any goods, wares or merchandise in such manner as to obstruct the crew, or any of them, in the navigation or management of such ship, or impede the free movement of any person about such ship.

5. No hawker licensed to trade on board steamships shall deal in, sell or have in his possession for sale or expose for sale

(1) any kerosine, gunpowder, firecracker or other description of dangerous goods as defined in the Dangerous Goods Ordinance, 1873;

(2) any liquor, tobacco, cigarettes or other article on which a duty is imposed under any Ordinance for the time being relating to

revenue; or

(3) any marine stores as defined in the Marine Stores Protection Ordinance, 1919.

6. No hawker licensed to trade on board steamships shall know- ingly let fall or throw anything whatsoever into the waters of the harbour.

7. Every person holding a hawker's (steamships) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

431

F. Licensed (newspaper) hawkers.

The following regulations shall apply only to

apply only to newspaper hawkers:

1. The Council shall when issuing a newspaper hawker's licence supply to the licensee a metal badge of a pattern approved by the Council, and every licensed newspaper hawker shall when hawking wear and exhibit such badge in a conspicuous position so as to be at all times clearly visible.

2. No licensed newspaper hawker shall act in a manner importu- nate towards, or calculated to obstruct, disturb or annoy, any person.

3. Every person holding a newspaper hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 11 p.m.

Appendix.

[By-law A. 5]

FORM No. 1.

Licence No...

ITINERANT HAWKER'S LICENCE.

of

is hereby licensed to hawk

until the

day of

19......

inclusive, subject to the conditions and for the

further periods endorsed hereon.

Photograph.

Fee $4.

Dated this

day of

19......

,

Secretary of the Urban Council.

FORM NO. 2.

Licence No......

STALLHOLDER HAWKER'S LICENCE.

of

is hereby licensed to hawk

on the site allotted to him at

until the

day of

Photograph.

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $24.

Dated this

day of

19......

Secretary of the Urban Council.

-432

FORM No. 3.

Licence No........

NATIVE CRAFT HAWKER'S LICENCE.

is hereby licensed to hawk

from licensed boat No.

of

and on native craft in

Photograph.

the harbour of Hong Kong (or as the case may be)

until the

day of

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

FORM NO. 4.

Licence No...

STEAMSHIPS HAWKER'S LICENCE.

is hereby licensed to hawk

of

!

from licensed boat No.

and on steam and

motor ships in the harbour of Hong Kong (or as the

Photograph.

case may be) until the

day of

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $24.

Dated this

day of

19.....

Secretary of the Urban Council.

FORM No. 5.

Licence No........

NEWSPAPER HAWKER'S LICENCE.

of

is hereby licensed to hawk

newspapers until the

day of

Photograph.

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $1.

Dated this

day of

19......

Secretary of the Urban Council.

433

Markets.

1. In these by-laws 'Public Market' means a market which has been declared a market by any Public Authority or which may hereafter be declared a market by the Council.

2. All public markets established at the commencement of this Ordinance shall be continued and shall be subject to these by-laws, but it shall be lawful for the Council to close any of them and also to establish or close any new market. No market shall be opened or kept open except under the provisions of these by-laws.

3. No buildings shall be erected or maintained in any market except stalls and quarters for market officers, police and porters. Such buildings shall be of stone, brick or other approved impervious material.

4. The stalls in any market building shall be constructed of materials and according to designs approved by the Council.

5. No alteration in or addition to any market building or any fittings thereof shall be made or commenced except with the sanction in writing of the Council.

6. All market stalls shall be let by the Council in the manner following and upon the following conditions:---

(1) They shall be let without fine or premium, from quarter to quarter, for the highest rent obtainable, such rent to be ascertained by sealed tenders. In case of equal tenders the tenant in possession, if any, shall have the preference.

(2) A quarter's notice of the discontinuance of any letting shall be given by either the Council or the lessee as the case may be. 1

(3) If the lessee dies, his son or sons or other near relative may be allowed by the Council to take the lease and continue it: Provided that the person or persons so succeeding shall be bound in all respects. by these by-laws as if he or they were the original lessees of the stall.

(4) All rents of market stalls shall be paid to the Council quarterly in advance within the first two weeks of the quarter. If a stall be let from a date which is not the beginning of a quarter, any period greater than half a month shall be charged as one month, and any period less than half a month shall be neglected in payment.

(5) The Council may order the forfeiture of any lease of a market stall if it is proved to its satisfaction that the lessee has used such stall for any other purpose than those pertaining to the business of a market, or if such lessee has been convicted of a contravention of any of these by-laws.

7. The lessee of every market stall shall take all reason- able measures to secure the observance of all by-laws relating to markets. He shall employ a sufficient number of persons to wash and keep the stall clean to the satisfaction of the Council and shall be responsible for all damage to or loss of any property.

8. No lessee of any market stall shall sub-let or assign the same or any part thereof without the written permission of the Council nor shall he transfer his lease to any other person. Never- theless the business of any lessee may be carried on in the case of his death or absence, with the consent in writing of the Council, by his executors, administrators or agents until the expiration of his lease.

9. Whenever the lessee of any market building fails to comply with any conditions of his holding or grant as to the execution of any repairs to such market building or other works in connection with the same, the Director of Public Works may summon such lessee before a magistrate, who may summarily order him to execute such repairs or other works within a reasonable time to be specified in such order. Any failure to carry out the terms of such order shall be deemed an offence against this by-law.

10. Except as provided by these by-laws, no person shall demand or receive any money or other valuable consideration as a fee, fine, toll, rent or otherwise for access or admission to, or for selling or buying in, any market.

434

11. The Council shall from time to time fix the hours during which each market shall be open to the public. The hours during which any market is open to the public shall be posted on a board placed in a conspicuous position at such market. At least one month's previous notice in writing shall be given to each stall-holder of any alteration in the hours during which any market is open to the public.

12. No person shall make use of any avenue or thoroughfare of any market for the conveyance of merchandise not intended for sale or exposure for sale in such market.

13. No person shall sell, or offer or expose for sale, any article in any part of the market other than the part thereof which is appro- priated for the sale of such article.

in

14. No person shall hawk or cry any article whatever for sale any market.

15. No person shall in any market beg or apply for alms or expose or exhibit any sores, wounds or bodily ailments or deformity, nor shall any person so afflicted or any leper engage or assist in any business therein.

16. No person shall commit a nuisance in any part of any market.

17. No person shall spit in any part of any market.

18. No person other than such caretakers and officers as the Council shall decide shall sleep in any market.

19. No person shall wash or bathe in any fish tank or in any receptacle which is used for the storage of food.

F

Schedule.

Market Stalls.

20. Market stalls shall be classified and set apart by the Council for the sale respectively of meat, game, poultry, fish, fruit, vegetables and other perishable goods.

21. All market-stalls shall be numbered.

22. A register of all market stalls shall be kept by the Secretary of the Council in the form A in the Schedule to these by-laws. Every entry in such register shall be prima facie evidence of the facts. therein appearing. The person or persons whose name or names is or are entered in such register as the lessee is or are hereinafter referred as the stall-holder.

23. No stall-holder shall use such stall for any other purpose than that for which it is let.

24. Every stall-holder, who absents himself from the Colony for a period exceeding a month, shall notify such fact to the Secretary of the Council and report to him the name of the agent responsible for his stall during his absence.

25. Every occupied stall shall have a signboard in front showing in full, both in nglish and Chinese, the name or names of the stall-holder or holders, and his or their photograph or photographs shall be affixed thereto. All photographs shall be renewed from time to time as the Council may direct.

26. No signboard or blind of any market stall shall be so arranged as to obstruct any thoroughfare in such market, and no stall-holder shall place or store any goods outside such market stall or allow them to project beyond it.

27. Every stall-holder shall cause his stall to be properly cleansed as often as may be necessary to maintain such stall in a sanitary condition.

28. Every dealer in flesh meat shall thoroughly wash and cleanse all fittings and utensils belonging thereto at least once a day.

435

carcase

29. No person shall cleave any carcase or part of a elsewhere than upon a cleaving block or chopping board or upon the hooks provided for the purpose.

30. Every fishmonger shall thoroughly wash and cleanse his stall and any fittings and utensils belonging thereto at least twice a day.

31. Every poulterer shall thoroughly cleanse his stall, pens and any fittings belonging thereto at least twice a day, and shall provide a supply of fresh drinking water for any live birds that may be kept in such pens.

32. No stall-holder shall suffer any garbage or refuse to remain on or be under or about his stall, and he shall keep the avenue or passage in front thereof in a cleanly condition.

33. No person shall throw any vegetable substance, offal, garbage or offensive matter or thing on to any market avenue or thoroughfare.

34. No person shall pluck, scald or clean any poultry or game except in the places appropriated for the purpose.

35. Every stall-holder, if called upon to do so, shall provide himself with a portable dustbin in accordance with one or other of the patterns on view in the office of the Secretary of the Council.

36. No person

shall sit, stand or lie on any slab or counter intended for the exposure of food stuffs for sale.

37. No stall-holder shall keep any dog in any market, nor shall any person knowingly permit any dog to follow him into a market.

38. Stall-holders who require additional lights in their stalls shall use only electric lamps or smokeless oil lamps of a pattern to be approved by the Council.

39. Subject to the provisions of by-law 40, no flesh meat (salted meat excepted) other than that which has been slaughtered in the Government slaughter-houses shall be exposed for sale in any market.

40. (a) The Council may, from time to time, grant per- mission in writing, revocable at the discretion of the Council, to any stall-holder to expose for sale in his stall unsalted flesh meat which has been imported from Shanghai, Japan, Canada or Australia or from such other localities as the Council may from time to time approve; such permission shall state the name of the person to whom it is granted, the class or description of meat permitted, and the shop or stall on which such meat is to be exposed for sale.

(b) The stall-holder, to whom such permission has been granted, shall cause a board to be posted on his stall, in a conspicuous position, stating in English and Chinese that he deals in imported meat, and stating also the place from which such meat was imported; the fetters and characters of such notice shall be at least one and a half inches long. He shall also make a true return to the Council, quarter- ly, of the quantity of meat imported by him, specifying whence such. meat has been imported.

41. If market

any

Food

Officer

any

carcase or

at

any

time discovers

in

any

      part of a carcase of beef, mutton or pork not bearing the official mark, he is hereby authorised to seize it, and the Colonial Veterinary Surgeon may order it to be destroyed and no compensation shall be payable to any person in respect of such destruction.

42. On a day and hour to be appointed by the Council, of which three days notice shall be given, the stall-holders shall remove all goods and other articles from their stalls or from other spaces allotted to them in the market in order that the market may be thoroughly cleaned.

43. The Council may expel from any market any person who has been convicted of contravening any of the by-laws relating to public markets, and may prevent any such person from further carrying on any business in such market or occupying any stall therein.

...

436

44. The Director of Medical and Sanitary Services, the Director of Public Works, the Secretary for Chinese Affairs, the Chairman of the Council and the Inspector General of Police and their respective officers as well as any Food Officer shall have at all times free access to every part of every market building.

45. Copies of these by-laws, in English and Chinese, shall at all times be posted in conspicuous positions in the markets.

SCHEDULE.

FORM A.

[Markets by-law 22.]

Market Register.

Market.

Stall No.

A

Ordinance No. 36 of 1931.

Restaurants and Eating-houses.

Such

1. No building or portion thereof may be used as a restaurant or eating-house without a licence issued by the Council. license shall be in addition to any licence issued under the Liquors Ordinance, 1931.

2. Any person desirous of obtaining such a licence shall make application to the Council by means of a properly filled-in form, for which purpose blank forms can be obtained from the Secretary thereof at his office. Every such person shall also lodge a plan of the premises, if so required.

3. All such licences shall expire on the 30th day of June next after the day of the date thereof.

4. The following fees are hereby prescribed and shall be paid. to the Secretary in advance

For a restaurant or eating-hcuse licence in the City of Victoria, or in the districts of Causeway Bay, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan, or in Kowloon and New Kowloon

$20.00

For a restaurant or eating-house licence

elsewhere

$5.00

Provided that in respect of any such licence issued after the 1st day of January half only of the above fees shall be charged and paid.

5. Every such licence shall be conditional on compliance with these by-laws so far as they are applicable to the licence in question. Breach of any relevant by-law shall render the licence liable to can- cellation by the Council.

6. Every licensee of an eating-house shall cause to be legibly painted or fixed, and shall keep so painted or fixed, on his premises, in a conspicuous place, in English letters and in Chinese characters

:

,

437

at least four inches long, his name followed by the words 'Licensed Eating-house', together with the number of his licence.

7. The whole of the ground floor of the premises of every licensed eating-house shall be covered with a layer of not less than three inches of cement-concrete rendered smooth and laid to the satisfaction of the Council.

8. Except with the special exemption in writing of the Council no ceiling (not being the underside of a floor), hollow wall or stairlining shall remain or be fixed in any building in which or in part or parts of which the premises of the licensee are situated, and, except as aforesaid, if any such ceiling, hollow wall or stair-lining shall be found in any such building the Council may order the forfeiture of the licence.

or

an

9. No living room, sleeping place,

     sleeping place, partitions, cubicles mezzanine floors shall be allowed on any premises licensed as eating-house except with the permission of the Council and as shown on the plan of the premises.

10. Every restaurant and eating-house shall be provided with a suitable urinal of a type prescribed by the Council, and every restaurant shall be provided also with a decent and suitable privy. Every such urinal and privy shall be kept in a state of good repair and cleanliness.

11. Every eating-house and restaurant shall be kept at all times in a cleanly condition and free from all noxious matter.

                    The troughs, tables and utensils in use shall be thoroughly cleansed and he floors properly swept at least once in every twenty-four hours. The whole of the interior walls and ceilings of the rooms shall be properly lime- washed unless such eating-house or restaurant is exempted therefrom by the Council, and the woodwork thoroughly scrubbed with soap and water during the months of June and December of each year unless similarly exempted.

12. No person suffering from any infectious or contagious disease shall be allowed in any eating-house or restaurant.

13. No person shall spit in any eating-house or restaurant except into spittoons provided for the purpose.

14. The licensee of any eating-house or restaurant shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, while such premises are open to the public, a notice or notices of a size and form approved by the Council and in & language prescribed by the Council requiring his customers not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

15. The licensee of any eating-house or restaurant shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

16. All food shall be stored or kept in a clean manner and duly protected from flies and dust.

17. The licensee shall not permit disorderly conduct on his premises, or suffer unlawful games or gaming therein, or permit or suffer any prostitute to frequent such premises or to remain therein.

18. No intoxicating liquor shall be sold, served or consumed in any eating-house, nor any opium smoked in any eating-house or restaurant.

19. Eating-houses shall be closed between midnight and 6 a.m. and no meals or refreshments shall be supplied during that period to any person not resident therein.

20. Every eating-house and restaurant shall, during the hours at which the business thereof is carried on, be open to inspection by any member of the Council, Food Officer or officer of the Sanitary Department.

21. These by-laws shall not apply to any naval, military or air force canteen.

438

Slaughter-houses.

General.

1. In these by-laws "officer in charge" means the person appointed by the Council to superintend and have the care of the slaughter- houses or any one of them or any part thereof.

2. No slaughter-house other than a slaughter-house provided by the Government shall be opened or kept open.

3. Every slaughter-house shall be provided with a hanging shed

for carcases.

4. It shall be lawful for the Urban Council with the sanction of the Governor-in-Council to grant to any person the sole privilege of slaughtering cattle, swine, sheep and goats within. the Colony or within any particular district or locality therein, for such rent, premium or consideration and on such conditions as shall be deemed expedient; provided that nothing in this by-law shall be deemed to prevent the Governor-in-Council at his discretion either from leasing the privilege of slaughtering such animals by private contract, or from appointing any Food Officer or other person to manage any or all of the public slaughter-houses.

5. The lessee of the privilege of slaughtering cattle, swine, sheep and goats shall enjoy, during the whole of the term of his lease, the sole and exclusive privilege of slaughtering such animals in the Colony, or in such part thereof as his lease may relate to, and shall give such security for the payment of the rent thereof and for the due observance of these by-laws as the Governor in Council may direct.

6. The lessee of the privilege of slaughtering cattle, swine, sheep and goats shall not sublet or assign his lease or any part thereof without the written permission of the Council.

7. No person shall slaughter any cattle, swine, sheep or goats, er dress any carcase thereof, except within a slaughter-house appointed for that purpose: Provided always that the Council for some special reason may permit such animals to be slaughtered elsewhere.

8. Except as provided in any lease or under these by-laws, no person shall demand or receive any money or other valuable con- sideration as a fee, fine, toll or rent or otherwise for access admission to, or for slaughtering any cattle, swine, sheep or goats in any slaughter-house.

or

9. No person resorting to the slaughter-houses in charge of any cart or other vehicle shall station such cart or vehicle in a slaughter- house or in any private road giving access thereto in such a manner as to hinder any animals or any other cart or vehicle in arriving at or departing from the slaughter-house, or wilfully or improperly station such cart or vehicle so as to occupy a position in which the person in charge of any other cart or vehicle would, by priority of arrival have claim to place such last mentioned cart or vehicle.

10. No person affected with leprosy, sores or any contagious, or infectious disease shall enter any slaughter-house premises or shall take part in the slaughtering of any animal for human food or in the handling of the flesh of such animal.

11. (a) The Director of Medical and Sanitary Services, the Director of Public Works, the Secretary for Chinese Affairs, the Inspector General of Police and the Chairman of the Council, and their respective officers, as well as any Food Officer, shall at all times have free access to every part of every slaughter-house.

(b) Any Food Officer may also at any time enter any premises on which he has reason to suspect that

             any animal has been slaughtered or is being slaughtered in contravention of by-law 7.

d

439

Admission of animals to slaughter-houses.

12. The slaughter-houses shall for the purpose of the admission of animals be open at such hours as may be fixed by the Colonial Veterinary Surgeon with the approval of the Council.

13. Whenever in the opinion of the Council it is expedient for its maintenance or preservation to close any part of any slaughter-house, & notice to that effect shall be posted in some conspicuous part of such slaughter-house specifying the part that is to close, and no unauthorised person shall thereafter use or enter such part until a further notice has been published and posted as aforesaid notifying the reopening of such part.

14. No person shall bring into any slaughter-house any animal which is not intended for slaughter and particularly shall not bring any dog into a slaughter-house.

15. No person shall convey or cause to be conveyed or attempt to convey any dead animal into any slaughter-house for any purpose whatever.

16. Every person desiring to bring an animal into a slaughter- house shall apply to the officer in charge to inspect and pass such animal, and no person shall bring or cause to be brought or attempt to bring into a slaughter-house any animal which has not been duly. inspected and passed by the officer in charge.

17. The mark known as the Broad Arrow shall be used for the purpose of denoting the fitness of cattle to be slaughtered for human food. No cattle shall be slaughtered for human food in any slaughter- house unless marked with the broad arrow. Every person who, without lawful authority stamps, uses, applies or impresses the broad arrow, or any mark apparently intended to resemble the broad arrow, on any cattle, shall be deemed to have contravened the provisions of these by-laws.

18. If any person passes or attempts to pass into any slaughter- house any cattle, swine, sheep or goat, which has not been inspected, passed and (in the case of cattle) marked by the broad arrow by an officer duly authorised by the Government, such animal may be detained by the officer in charge, and such person and also the owner of such animal shall each be deemed to have contravened the provisions of these by-laws. Any magistrate may order such animal to be for- feited and dealt with as the Director of Medical and Sanitary Services may determine.

19. Every person who brings or causes to be brought into a slaughter-house any bovine beast, shall cause such beast to be securely tied to the tying irons in a byre assigned for the purpose.

20. Every person who brings or causes to be brought into a slaughter-house any sheep, lamb or goat, shall cause such sheep, lamb or goat to be properly penned in a lair assigned for the purpose.

21. Every person who brings or causes to be brought into a slaughter-house any pig shall cause such pig to be properly secured in a piggery assigned for that purpose.

22. No person shall cause or suffer any animal which has been brought into a slaughter-house for the purpose of being slaughtered to be taken out alive except with the written permission of the officer in charge.

23. Every person being the owner, and every person for the time being in charge, of any animal which, after admission to a slaughter- house, shall in the opinion of the officer in charge be unfit for slaughtering, shall remove such animal to such place as the officer in charge shall direct and shall deal with such animal in such a manner as the Colonial Veterinary Surgeon shall direct.

440

24. The owner of any animal shall not keep such animal in any slaughter-house for a longer period than twelve hours.

Maintenance of order.

25. Subject to the provisions of by-law 11, except by permission of the officer in charge no person shall enter or remain in a slaughter-house except for the purpose of slaughtering or of supplying food or water to any animal therein or of preparing any carcase for sale, or other- wise for some lawful purpose connected with the slaughter-house.

26. No person shall use in any slaughter-house any indecent or obscene language, or enter or remain therein in a state of intoxication.

27. No person shall bring into a slaughter-house any malt or spirituous liquor or any drug of any nature whatsoever.

28. Every person who may desire to use a slaughter-house for the purpose of slaughtering shall make application, in writing, to the officer in charge, and permission to use the slaughter-house shall be given to the several persons so applying in the order in which such applications are received.

29. Every person using a slaughter-house shall obey all reasonable orders given to him by the officer in charge, and shall conduct himself in a quiet and orderly manner therein

30. No person shall obstruct or hinder any other person in the proper use of the slaughter-houses, or of any utensil, article, gear or apparatus provided by the Sanitary Department or by the officer in charge for use therein.

31. No person shall by any disorderly or improper conduct disturb or interrupt any other person in the proper use of the slaughter- houses, or of any utensil, article, gear or other apparatus provided for use therein.

32. No person shall spit or commit a nuisance within the precincts of a slaughter-house.

Slaughter of animals.

33. No person shall slaughter, or attempt to slaughter, any animal in any part of a slaughter-house except in such part as shall be from time to time assigned by the Colonial Veterinary Surgeon for the slaughter of animals of the same class or kind.

34. No person shall slaughter any animal in such a situation as will interfere with the slaughtering of any other animal.

35. If any difference or dispute shall arise between any persons using the slaughter-houses regarding any question of priority of right to use any part of a slaughter-house, or any utensil, article, gear or apparatus therein, such difference or dispute shall be referred to the officer in charge and the decision of the officer in charge shall be final and shall be obeyed by such persons.

36. Every person who shall slaughter or assist in the slaughtering of any animal shall adopt such methods of slaughtering as may be prescribed by the by-laws, and, in the absence of such by-laws, such methods as may be prescribed by the Colonial Veterinary Surgeon, and shall take all such precautions as may be requisite to secure the infliction of as little pain as possible.

37. Any animal killed for food in a slaughter-house shall be killed in the following manner:

(1) All cattle (except buffaloes) shall be killed with a pole-axe or humane killer of a pattern to be approved by the Colonial Veterinary Surgeon.

441

(2) All buffaloes shall be killed with a rifle of a size and pattern to be approved by the Colonial Veterinary Surgeon. All rifles used for this purpose shall be kept by the officer in charge and used by him alone.

(3) All sheep and goats shall be killed with the captive-bolt type of humane killer, and swine shall be killed with the knife in a manner approved by the Colonial Veterinary Surgeon, except in the case of pigs, which, in the opinion of the officer in charge. are too large to be killed in this way. Such pigs shall be killed in the same manner as cattle.

Provided always that nothing in this by-law shall affect Jews, Mohammedans or other people holding religious beliefs which compel them to kill animals for food in a particular manner.

38. The owner of any animal to be slaughtered shall provide the proper instruments, appliances and utensils required for the purpose and shall cause such articles to be thoroughly cleansed immediately after the completion of the process of slaughtering in which they have been used, and shall cause every such article when not in actual use to be kept thoroughly clean.

39. The carcase of every animal slaughtered shall be hung in the hanging shed immediately after it is dressed and shall remain there until removed to a market.

40. The owner of any animal that is slaughtered shall cause the hide or skin, fat and offal of such animal to be removed from the slaughter-house within twenty-four hours after the completion of the slaughter of such animal.

41. The lessee of the privilege of collecting blood and hair shall forthwith, upon the completion of the slaughtering of any animal or the dressing of any carcase, cause such blood and hair to be collected and deposited in a sufficient number of receptacles of approved pattern, properly constructed of non-absorbent material and furnished with closely fitting covers, and he shall cause the contents of such receptacles to be removed from the slaughter-houses at least once in every twenty-four hours. He shall cause such receptacles to be thoroughly cleansed immediately after they have been used for such collection and removal and shall cause every such receptacle which is not in actual use to be kept thoroughly clean.

42. Fees in accordance with the following scale shall be paid by the owner of any animal to be slaughtered:-

Cattle (including calves)

40 cents per head.

Sheep and goats

Swine

20

30

25

""

The fee shall in all cases be payable on admission to the slaughter- house.

Marking and transport of carcases.

43. The Colonial Veterinary Surgeon may cause such stamps or other instruments to be made for the purpose of establishing a special mark for beef, mutton, and pork before such carcases leave the slaughter-house, in order to show that such carcases are fit for human food, and may change or alter such mark, and every such mark for the time being in use at any slaughter-house under the authority of the Colonial Veterinary Surgeon shall be the official mark within the meaning of this by-law.

44. Carcases shall be conveyed from the slaughter-houses to the markets in wheeled and covered vehicles or in boats in which the carcases shall be hung.

45. If any Food Officer or officer of the Sanitary Department at any time discovers in any vehicle or boat conveying carcases from the slaughter-houses to the markets any carcase or part of a carcase of beef, mutton, or pork not bearing the official mark aforesaid, he is authorised to seize it, and the Colonial Veterinary Surgeon may order it to be destroyed and no compensation shall be payable to any person in respect of such destruction.

442

Slaughter-houses at Shamshuipo, Shaukiwan and Aberdeen.

46. The respective lessees of the privilege of slaughtering swine in the slaughter-houses at Shamshuipo, Shaukiwan and Aberdeen shall provide all the persons necessary for the purpose of slaughtering such animals and dressing the carcases thereof, together with a sufficient supply of hot water, and shall have the same in readiness at all times for the persons making use of the slaughter-houses.

47. Each of the said lessees shall at all times allow any person to slaughter any such animal or dress any carcase for sale on payment to him of a fee not exceeding thirty cents for each animal besides the blood of such animal which the lessee may retain.

48. Each slaughter-house shall be provided with a hanging shed, in which the carcase of every animal slaughtered shall be hung as soon as it is dressed. Such carcases shall continue hanging in such shed until they are removed to the markets. Carcases when removed to the markets shall be conveyed in wheeled and covered vehicles or in boats in which the carcases shall be hung.

49. Each of the said lessees shall cause the means of ventilation and drainage provided in or in connexion with his slaughter-houses to be kept, at all times, in proper and efficient action.

50. Each of the said lessees shall cause the means of water supply provided in or in connexion with his slaughter-houses to be kept, at all times, in proper order.

51. Each of the said lessees shall provide a sufficient number of vessels or receptacles, properly constructed of some non-absorbent material and furnished with closely fitting covers, for the purpose of receiving and conveying from his slaughter-houses all blood, manure, garbage, filth or other refuse products of the slaughtering of such animal or the dressing of any carcase therein. He shall forthwith upon the completion of the slaughtering of such animal or the dressing of any carcase in the slaughter-houses cause such blood, manure, garbage, filth or other refuse products to be collected and deposited in such vessels or receptacles, and he shall cause all the contents of such vessels or receptacles to be removed from the slaughter-houses at least once in every twenty-four hours. He shall cause every vessel or receptacle to be thoroughly cleansed immediately after it has been used for such collection and removal, and shal cause every such vessel or receptacle when not in actual use to be kept thoroughly clean.

52. Each of the said lessees shall provide the proper instruments, appliances and utensils required for the purpose of slaughtering, and he shall cause all such articles to be thoroughly cleansed immediately, after the completion of the process of slaughtering in which they have been used, and he shall also cause every such utensil when not in actual use to be kept thoroughly clean.

53. Each of the said lessees shall cause every part of the internal surface of the walls and every part of the floor of his slaughter-houses to be kept, at all times, in good order and repair, so as to prevent the absorption therein of any blood or liquid refuse or filth which may be spilled or splashed thereon, or any offensive or noxious matter which may be deposited thereon or brought in contact therewith. He shall cause every part of the internal surface of the slaughter-houses above the floor to be either thoroughly washed with hot limewash or tarred, at least four times in every year. He shall cause every part of the floors of his slaughter-houses, and every part of the internal surface of every wall on which any blood or liquid refuse or filth may have been spilled or splashed, or with which any offensive or noxious matter may have been brought in contact during the process of slaughtering or dressing in such slaughter-houses, to be thoroughly washed and cleansed within three hours after the completion of such slaughtering or dressing.

54. The owner of any animal that is slaughtered shall cause the hide or skin, fat and offal of such animal to be removed from the slaughter-house within twenty-four hours after the completion of the slaughtering of such animal.

!

443

55. No lessee shall at any time keep any dog or cause or suffer any dog to be kept in any of his slaughter-houses. He shall not at any time keep, or cause or suffer to be kept, in any slaughter- house any such animal of which the flesh may be used for the food of man, unless such animal be so kept in preparation for the slaughtering thereof upon the premises, and he shall not keep sucn animal or cause or suffer such animal to be kept in any slaughter- house for a longer period than may be necessary for the purpose of preparing such animal for the process of slaughtering. He shall cause animals kept in preparation for slaughtering to be confined in the stalls, pens or lairs provided on the premises for this purpose.

56. Each of the said lessees shall cause every animal, brought to any of his slaughter-houses and confined in any stall, pen or lair upon the premises previous to being slaughtered, to be provided during such confinement with a sufficient quantity of wholesome water.

57. Swine confined in the stalls, lairs or pens attached to the slaughter-houses shall have at least the following space allotted to them, viz

Every pig

.8 square feet.

Objects and Reasons.

This is one of the series of Bills prepared to give effect to the recommendations of the Director of Medical and Sanitary Services.

It is designed to replace the food provisions of Ordinance No. 1 of 1903 and the by-laws made thereunder. The said Ordinance and by-laws are to be repealed by another Bill in the same series which will come into force.simultaneously by Proclamation of the Governor.

January, 1935.

C. G. ALABASTER,

Attorney General.

444

TABLE OF CORRESPONDENCE.

New Ordinance Section.

1

Ordinance

No. 1 of 1903 Section.

2

2 (1)

6 (4)

6 (7)

2 (2)

6 (15A)

2 (3)

6 (18)

2 (4)

6 (19)

2 (5)

2 (6)

6 (23A)

2 (7)

6 (30)

2 (8)

2 (0)

2 (10)

2 (11)

3 (1) (3) & (4)

3 (2) (5) & (6)

82

83

5 (1)

16 (25)

Short title.

Interpretation.

Remarks.

The title of the Sanitary Board is

changed to Urban Council.

"or medical practitioner" omitted. The supply of veterinary surgeons is sufficient.

"manufacture or" added as in F.M.S.

legislation.

This definition has been redrafted and is a combination of local and F.M.S. enactments.

But water is not excluded from the new definition as water is sold as a commodity by water boats.

New

New but adapted from F.M.S. pre-

cedents.

New. Compare definition of Eating

House.

New. Taken from F.M.S. Ordinance

No. 9 of 1913, s. 2.

These sub-sections are from section 4 (1) of F.M.S. Ordinance No. 9 of 1913.

But powers limited to officers speci- fied. D.M.S.S. substituted for Head of the Department etc., in sub-section (4).

"'establishment" added in first line

and "advisable" substituted

'desirable" at end.

for

5 (2)

16 (30)

Revised and enlarged.

Adapted from F.M.S. precedents.

5 (3)

do.

5 (4)

5 (5)

16 (19)

Extended in accordance with F.M.S.

precedents.

5 (6)

16 (9)

Extended in accordance with F.M.S.

precedents.

!

445

Table of Correspondence,-Continued.

Ordinance

New Ordinance Section,

No. 1 of 1903 Section.

Remarks.

5 (7)

5 (8)

5 (9)

5 (10)

5 (11)

5 (12)

5 (13)

5 (14)

6

2

7

17

Adapted from F.M.S. precedents.

do.

do.

do.

New.

do.

do.

do.

Redrafted.

and see Ordinance No. 31 of 1911,

s. 41 (2).

8 and 9

10

269

Adapted.

11

268

Adapted.

124

13

New.

Amends the Miscellaneous Licences Ordinance, 1933, as necessitated by the transfer of the control of all hawkers to the Council.

Commencement.

SCHEDULE.

BY-LAWS.

Dairies and Milk Shops.

Food Factories.

A. General.

B. Aerated water factories.

C. Bake-houses.

D. Food preserving

establishments.

Founded on the F.M.S. by-laws and

the existing Dairy by-laws.

Mainly adapted from the rules under F.M.S. Ordinance No. 9 of 1913.

Derived from the existing by-laws

under P.H. & B.O.

Adapted mainly from the existing

by-laws (P.H. & B.O.).

Adapted mainly from the existing

by-laws (P.H. & B.O.).

Food Shops.

Hawkers.

Markets.

446

Table of Correspondence,-Continued.

Restaurants & Eating-houses.

Slaughter-houses.

Reproducing in the main the present

conditions of special food licences issued by the Sanitary Board.

Reproducing (with modifications) the

"General" and "Hawkers'

by-

laws under the Miscellaneous Licences Ordinance, 1933.

Taken mainly from ss. 72 to 80 of the P.H. & B.O. and existing by- laws.

Adapted mainly from the existing eating-house by-laws (P.H. & B.O.), the application of certain of them to restaurants being new.

Adapted mainly from the relevant provisions (e.g. ss. 52 to 71) of the P.H. & B.O. and from the existing by-laws.

447

Notes on new draft of Public Health (Food) Bill.

s. 2

s. 5

s. 8

(4) "Dairy"-"means and" omitted as unnecessary- "milk shop" deleted at request of H.S.D. and separately defined in (12), D.M.S.S. agreeing.

(7) "Food" amplified to cover live things.

(11) "Market"-inserted here, instead of in by-laws. (12) "Milk shop" added-v. supra.

(2) redrafted-former phrasing was confused. "provisions", etc. omitted, since new definition of food is comprehensive. "the Council may deem" for

'may be deemed".

''.

(3) reworded.

(4) "and milk shops" added owing to new division of milk establishments into dairies and milk shops. (6)-"non-alcoholic beverages" for "soft drinks"- v. para 63 of Smith Committee's Report. "bake- houses" omitted as included in "food factories".

(8) redrafted to include the control of all hawkers, as decided by X.C. on 11.10.34.

(10) "food" for "fish, flesh or other provisions".

(11) and (12)-"the prohibition of" for "pro- hibiting".

(13) "securing" for "to secure".

(14)-added at request of H.S.D.

(15)=

= former (14).

s.s. (2) added as agreed by D.M.S.S. and H.S.D.

s. 10 added s. 269 of P.H. and B.O. 1903-at request.

of D.M.S.S.

s. 11 also added s. 268 of P.H. and B.O. in order to

validate current licences.

s. 12 also added, to effect the amendments

amendments of the Miscellaneous Licences Ordinance, 1933, made neces- sary by the transfer of the control of all hawkers to the Council.

By-laws.

These have been re-arranged according to the alphabetical

order of their headings.

Dairies and Milk Shops.

Milk shops added to heading and where necessary in the

by-laws as desired by H.S.D.

By-law 2-"And the place or places the licensee intends to use as a dairy shall be entered therein" omitted, the same requirement appearing in by-law 7.

By-laws 4 and 12 added-as in G.N. 69 of 1933 (see para 62

of Smith Committee's Report).

448

By-law 23-"or Colonial Veterinary Surgeon" inserted in

5th line.

By-law 26 also added-see G.N. 214 of 1932 (it is not under- stood why these anti-spitting provisions were originally omitted).

Food Factories.

By-laws divided into four sections- :

A. General.

B. Aerated Water Factories.

C. Bake-houses.

D. Food Preserving Establishments.

A. (General).

By-law 10-"or spit" omitted. See new by-law 15.

By-law 15 added--the full anti-spitting provisions of G.N.'s

55 etc. of 1932.

By-law 16 added-in accordance with resolution of Sanitary

Board passed on 9.10.34.

C. (Bake-houses).

By-law 10 omitted on suggestion of H.S.D.-sleeping_on

such premises being provided for by new A-General- by-law 16.

By-laws 12-13-14 omitted the anti-spitting provisions being

contained in by-law 26 of A.--General.

Schedule Form of Application---"bake-house" for "public

bakery".

D. (Food Preserving Establishments).

By-law 4 (5) (6) and (7) re spitting also omitted for same

reason as above.

Food Shops.

New by-laws drafted by H.S.D. in consultation with M.O.H. and C.V.S. and based mainly on the conditions of special food licences issued by the Sanitary Board.

Hawkers.

By-laws transferred (with slight amendments here and there) from the Schedule of the Miscellaneous Licences Ordinance, 1933, as the result of the X.C's. decision on 11.10.34.

By-law 1.

Markets.

Definition of "Market" omitted-transferred to s. 2 of Bill.

By-laws 6-7-8--redrafted as desired by H.S.D. and agreed

by D.M.S.S.

6

449

In by-law 6 (5) (Urban) "Council" has been substituted for

"Governor".

By-law 6 (3) is new.

Former by-laws 10 and 11-omitted transferred to Food

Shops by-laws (by-law 3).

By-law 39 (old 41) "Subject to the provisions of by-law 40" added at beginning, and old by-law 43 (now 40) transposed to follow immediately.

By-law 44 (old 47) "Chairman of Council" added.

Restaurants and Eating Houses.

By-law 4-Hong Kong area extended and proviso re "pro

rata" payment added at end as desired by H.S.D.

By-law 6-in English letters and in Chinese characters" for

"in letters" in 3rd line.

By-law 10 redrafted as desired by H.S.D.

By-law 18-redrafted with approval of H.S.D.

Slaughter-houses.

By-law 2-first 2 lines omitted = first 2 lines of s. 58 of P.H. and B.O. but should not be included. Such Government action cannot be required by a by-law.

By-law 6-"his lease or" inserted before "any part thereof".

By-law 11-(a) "Chairman of Council" added.

(b) new-added as desired by H.S.D. and agreed

by D.M.S.S.

By-laws 12-13-14-omitted as overlapping with s. 46 of the

Animals and Birds Bill.

By-law 40 (3) (now 37)-amended to conform with G.N. 494

of 1934.

By-law 51 (now 48)-last clause redrafted.

By-law 60 (now 57)-8 square feet" for "4 superficial feet"

as suggested by C.V.S. and agreed by D.M.S.S.

By-law 61 (old)-omitted, the same provision being contained

in (general) by-law 18.

General.-many other minor amendments of wording and

punctuation have been made.

N.B. It is to be observed that under s. 8 the general maximum penalty for an infringement of any provision of the Ordinance or by-laws is $500 or 6 months, whereas under s. 65 of the Animals and Birds Bill, which includes provisions re Animal depots etc. (section 45 f.) very similar to those of the Slaughter-house by-laws, the maximum penalty is $50 only.

C.S.O. 3090/25.

450

[No. 8/30-18.1 35-12.]

A BILL

Short title.

Interpreta- tion.

Regulations.

INTITULED

An Ordinance to make better provision for the Sale of Food and Drugs in an unadul- terated state.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council. thereof, as follows:-

1. This Ordinance may be cited as the Adulterated Food and Drugs Ordinance, 1935.

2. In this Ordinance,-

66

Analyst" means the Government Analyst or an analyst appointed by the Governor for the purposes of this Ordinance ;

"Appliance" includes the whole or any part of any utensil, machinery, instrument, apparatus or article used or intended for use in or for the making, keeping, preparing or supplying of any food;

66

Drug" means any substance or mixture of sub- stances used by man as a medicine, whether internally or externally, and includes anaesthetics;

"Food" includes every article which is used for food or drink by man or which enters into or is used in the composition or preparation of any such article and also includes flavouring matters and condiments. but does not include drugs or water other than water in the form of ice;

"Officer" means any person authorised in writing by the Urban Council on the recommendation of the Director of Medical and Sanitary Services for the purposes of this Ordinance ;

"Package" includes every means by which goods for carriage or for sale are cased, covered, enclosed, contained or packed;

"Sale" or "sell" includes barter and also in- cludes offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending or delivering for sale or causing or allowing to be sold, offered or exposed for sale and refers only to sale for human consumption or use.

3.-(1) It shall be lawful for the Governor in Council to make regulations for the following pur- poses:

(a) to prescribe the standard of strength, weight, quality or quantity of any food or drug or of any ingredient or component part thereof; (b) to prohibit the addition of any specified thing or of more than the specified quantity or proportion thereof to any food or drug;

(c) to prohibit any modes of manufacture, pre- paration or preservation of any food or drug;

451

(d) to secure the cleanliness and freedom from contamination of any food or drug in the course of its manufacture, preparation, stor- age, packing, carriage, delivery or exposure for sale, and to secure the cleanliness of places, receptacles, appliances and vehicles used in such manufacture, preparation, stor- age, packing, carriage or delivery;

to prescribe the mode of labelling food or drugs sold in packages and the matter to be contained or not to be contained in the labels ;

(f) to prescribe the method of analysis of any food or drug and the form of certificate of analysis;

(g) to fix the fees to be paid in respect of the

analysis of any food or drug by an analyst ; (h) to prohibit the sale of specified articles of

food otherwise than by weight; and

generally for carrying out the provisions of

this Ordinance.

(2) Any such regulation may be made applicable either to foods or drugs generally or to specified foods or drugs only.

(3) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legis- lative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

4.-(1) Any officer may

Power of

officers to

(a) at all reasonable times enter into and inspect enter, etc.

any place where there is any food or drug which he has reasonable ground for believing to be intended for sale ;

(b) mark, seal or otherwise secure, weigh, count or measure any food or drug the sale, pre- paration or manufacture of which is or appears to be contrary to the provisions of this Ordinance or the regulations made there- under;

(c) seize any food or drug, wherever found, which is or appears to be unwholesome or dele- terious to health;

(d) if authorised so to do by the Director of Medical and Sanitary Services, destroy any food or drug, wherever found, which is decay- ed or putrid;

(e) inspect any food or drug, wherever found, which he has reasonable ground for believing to be intended for sale.

(2) Any person claiming anything seized under this section may within forty-eight hours after such seizure complain to a magistrate who may either confirm or disallow such seizure wholly or in part and may order the article seized to be restored.

Power to demand, select and take samples.

Any person may have sample analysed.

Samples

how taken.

Certificate of analyst.

452

(3) If within forty-eight hours after such seizure no complaint has been made or if such seizure is con- firmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

5.--(1) On payment or tender to any person selling or making any food or drug or to his agent or servant of the current market value of the samples in this section referred to, any officer may at any place demand and select and take or obtain samples of the said food or drug for the purpose of analysis.

(2) Any such officer may require the said person or his agent or servant to show and permit the inspec- tion of the package in which such food or drug is at the time kept and to take therefrom the samples demanded.

(3) Where any food or drug is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the con- tents of such package.

(4) Every person commits an offence who refuses or neglects to comply with any demand or requisition made by an officer in pursuance of this section unless he proves that he had no knowledge or reason to believe that the sample demanded was required for the purpose of analysis.

6. Any person may, on payment of the prescribed fee together with the cost of the sample, require any officer to purchase a sample of any food or drug and submit the same for analysis.

7.-(1) Where it is intended to submit any sample for analysis, the officer purchasing or otherwise pro- curing it shall, before or forthwith after procuring it, inform the seller or his agent selling the article that he intends to have the same analysed by an analyst.

(2) He shall thereupon divide the sample into three parts and shall mark and seal or fasten up, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent.

(3) He shall subsequently deliver, personally, an- other of such parts to an analyst and shall retain the third of such parts.

(4) When any sample for analysis is procured in an unopened package, the officer procuring the same shall retain such package and at the time of delivering a part of the sample to an analyst shall also deliver to him such package together with any label which may have been attached to the said package at the time it was procured.

8. (1) The certificate of the analyst shall be in the form prescribed by regulations.

(2) Where any method of analysis, chemical or physical, has been prescribed by regulations for the analysis of any food or drug, any analyst either for the prosecution or defence shall follow and shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.

Q

453

(3) A copy of the result of any analysis of any food or drug procured by an officer may be obtained from the analyst by the person from whom the article. so analysed was purchased or obtained on payment of such fee, not exceeding one dollar, as may be prescribed.

(4) No such copy of an analysis shall be used as an advertisement and if any person so uses it he commits an offence.

information.

9.-(1) If in the opinion of any officer there is rea- Power to sonable ground for suspecting that any person is in call for possession of any food or drug or other substance for the purpose of sale or of manufacturing or preparing the same for sale in breach of this Ordinance or the regulations made thereunder, he may require such person to pro- duce for his inspection or to produce to any specially authorized officer any books or documents dealing with the reception, possession, purchase, sale or delivery of any such food or drug or other substance.

(2) Any officer may make or cause to be made copies of or extracts from any such books or documents, and such copies or extracts certified as such by any specially. authorized officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts.

(3) Every person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence.

(4) Every officer who does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section or who communicates any such matter to any person whomsoever except for the purpose of carrying into effect the provisions of this Ordinance shall be liable to a fine not exceeding five hundred dollars.

Offences and penalties, etc.

10.-(1) Every person commits an offence who Offences. sells any adulterated food or adulterated drug without fully informing the purchaser at the time of the sale of the nature of the adulteration, unless the package in which it is sold has conspicuously printed thereon. a true description of the composition of such food or drug.

(2) Every person commits an offence who sells any food or drug in any package which bears or has attached thereto any false or misleading statement, word, brand, label or mark purporting to indicate the nature, quality, strength, purity, composition, weight, origin, age or proportion of the article contained in the package or of any ingredient thereof.

(3) Every person commits an offence who sells any food or drug containing any substance the addition of which is prohibited by any regulation made under this Ordinance.

(4) Every person commits an offence who sells any food or drug containing a greater proportion of any substance than is permitted by any regulation made under this Ordinance.

(5) Every person commits an offence who sells any food which contains methylated alcohol.

Interference with official marks.

General penalty.

Forfeiture

of food or drug upon conviction

Notification

in news-

papers.

454

(6) Every person commits an offence who sells any food which is unsound or unfit for human consump- tion.

(7) Every person who commits any offence men- tioned in this section shall for the first offence be liable to a fine not exceeding five hundred dollars and for any subsequent offence under this section, whether of the same or a different nature, to a fine not exceed- ing two thousand dollars.

11. Every person who without authority opens, alters, breaks, removes or erases any mark, fastening or seal placed by any officer in pursuance of the pro- visions of this Ordinance upon any food or drug or upon any package, place, door or opening containing or affording access to any food or drug commits an offence and shall be liable to a fine not exceeding two hundred and fifty dollars.

12. Every person who commits an offence against this Ordinance or the regulations made thereunder for which no penalty is otherwise expressly provided shall be liable to a fine not exceeding two hundred and fifty dollars.

13. (1) In the case of any conviction under this Ordinance the magistrate may order that any food or drug to which the conviction relates and any similar food or drug found on the defendant's premises or in his possession at the time of the commission of the offence, together with all packages containing the same, shall be forfeited to the Government.

(2) Everything so forfeited to the Government shall be disposed of as the Director of Medical and Sanitary Services directs.

14. A notification of the name and occupation of of conviction any person who has been convicted of any offence against this Ordinance together with his place or places of business, the nature of the offence and the fine, forfeiture or other penalty inflicted shall, if the magistrate so orders, be published in any newspaper circulating in the Colony.

Adulteration.

Presumptions of law.

15. For the purposes of this Ordinance any food or drug shall be deemed to be adulterated if-

(a) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such article in a pure and normal state and in an undeteriorated and sound condition, or which in any other man- ner operates or may operate to the prejudice or disadvantage of the purchaser or con-

sumer;

(b) any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the nutritive or other beneficial properties of the article as sold are less than those of the article in its pure and normal state, or the purchaser or consumer is or may be in any manner prejudiced ; (c) it contains or is mixed or diluted with any substance of lower commercial value than

455

such article in a pure and normal state and in an undeteriorated and sound condition ; (d) it does not comply with the standard therefor prescribed by any regulation made under this Ordinance.

16. Where any food or drug in connection with Liability of which there is a breach of any provision of this Ordi- importer or nance is sold in an unopened package, any person who manufacturer. appears from any statement thereon or attached thereto to have imported or manufactured or prepared such food or drug or to have enclosed it in such package shall, unless be proves the contrary, be deemed to. have so imported, manufactured, prepared or enclosed the same and shall be liable to the same fine as if he had actually sold the same.

17. For the purposes of this Ordinance every person Sale by agent shall be deemed to sell any food or drug who sells the, or servant. same either on his own account or as the agent or servant of any other person, and in the case of any sale by an agent or servant his principal or employer shall be under the same liability as if he had effected the sale personally.

18.-(1) When any food or drug is sold or exposed Presumptions or offered for sale, it shall, unless the contrary is as to sale proved, be deemed to be sold or exposed or offered for sale for human consumption or use.

(2) The purchase and sale of a sample of any food or drug under the provisions of this Ordinance for the purpose of analysis shall be deemed to be a purchase and sale of such food or drug for human consumption or use unless the seller proves that the bulk from which such sample was taken was not offered, exposed or intended for sale for human consumption or use.

(3) For the purposes of this Ordinance every person shall be deemed to sell or to intend to sell any food or drug if he sells or intends to sell for human con- sumption or use any article of which such food or drug is a constituent.

Legal proceedings and evidence, etc.

for human consumption

or use.

19. (1) All proceedings in respect of an offence Proceedings against this Ordinance shall be taken in a summary. for offences. manner before a magistrate.

(2) The summons in any such proceedings shall not be made returnable in less than fourteen days from the day on which it is served,

(3) There shall be served with the summons a copy of the analyst's certificate (if any) on which the pro-

secution is based.

committed.

20. In a prosecution for selling any food or drug No defence contrary to the provisions of this Ordinance or of any that offence regulation made thereunder it shall be no defence that not wilfully the defendant did not act wilfully unless he also proves that he took all reasonable steps to ascertain that the sale of the article would not constitute an offence against the Ordinance or regulation.

21. (1) Subject to the provisions hereinafter in Reliance on this section contained it shall be a good defence in written any prosecution for an offence under section 10 if the warranty a

good defence. defendant proves that he purchased the article sold,' by him in reliance on a written warranty or other written statement as to the nature of the articles pur- chased, signed by or on behalf of the person from whom the defendant purchased the same, and that, if

Analyst's certificate to be

prima facie evidence.

Magistrate may order

analysis.

456

the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.

(2) No warranty or other written statement given or made by a person resident outside the Colony shall be any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.

(3) No warranty or other written statement shall be any defence under this section if it is proved that the defendant knew or had reason to suspect that the article sold did not conform to such warranty or state- ment.

(4) No warranty or other written statement shall be any defence in any prosecution unless the defendant' has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.

(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.

22.-(1) A certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.

(2) In like manner a certificate of analysis purport- ing to be under the hand of an analyst shall, on pro- duction thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.

(3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper.

23. When a sample has been dealt with in accord- ance with section 7 the magistrate shall on the request independent of either party to such proceedings and may if he thinks fit without such request order that the part of the sample retained by the officer be submitted to another analyst for analysis.

Non-disclo-

sure of information.

24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information; and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any state-

ment in relation thereto.

457

incidental to

25.-(1) Where any person is convicted of an Recovery of offence under this Ordinance, the magistrate may fees and other order that all fees and other expenses incident to the expenses analysis of any food or drug in respect of which the prosecution. conviction is obtained (including an analysis made under section 23) shall be paid by the person con- victed.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

26. The Sale of Food and Drugs Ordinance, 1896, Repeal of is repealed.

Ordinance No. 8 of 1896.

27. This Ordinance shall not come into operation Commence- until such date as the Governor shall notify by pro- ment. clamation as the date of the commencement of this Ordinance.

Objects and Reasons

1. The object of this Ordinance, which follows very closely the provisions of the Sale of Food and Drugs. Enactment, No. 9 of 1913, of the Federated Malay States, is more effectively to safeguard the public with regard to articles of food. A table of correspondence explaining the difference between the Ordinance and the Enactment is attached.

2. Purity, cleanliness of manufacture, freedom from adulteration and contamination, correct labelling and pro- per constituents of food are to be obtained by conformation with regulations made for that purpose (s. 3).

3. The enforcement of the provisions of the proposed Ordinance is to be placed in the hands of persons specially authorized for the purpose by the Urban Council on the recommendation of the Director of Medical and Sanitary Services.

4. These persons are given special powers to inspect food wherever it may be, if the persons so authorized have reason to believe it is intended for sale. They have also power to seize food which appears to be unwholesome and to destroy decayed or putrid food (s. 4).

5. The person claiming any food seized has 48 hours to complain to a magistrate who shall hear and determine the complaint.

6. The taking of samples of food or drugs and the analysis of the same is provided for.

7. Power is given to call for documents and information dealing with the purchase and possession of food (s. 9).

8. The sale of adulterated food, unless the nature of the adulteration is fully disclosed, is an offence.

9. A list of offences is set out in s. 10.

10. Adulteration is deemed to have taken place under certain circumstances (s. 15).

11. The liability of importers is dealt with in s. 16. 12. An agent or servant selling is liable as the seller, and his principal is also liable (s. 17).

13. Food or drugs exposed for sale are deemed until the contrary is proved to be for human consumption (s. 18).

14. Legal procedure and evidence are dealt with in the latter part of the Ordinance.

15. The Ordinance repeals the Food and Drugs Ordi- nance, 1896, (Ordinance No. 8 of 1896).

C. G. ALABASTER,

Attorney General.

January, 1935.

458

TABLE OF CORRESPONDENCE

between the draft Adulterated Food and Drugs Ordinance and Enact- ment No. 9 of 1913 of the Federated Malay States which has been taken as a model.

F. M. S.

Adulterated

Food

Enactment and Drugs

No. 9 of Ordinance,

1913.

Section.

1935. Section.

Remarks.

1 (1)

1

2

2

27

4

3

"Adulterated"

substituted

for

Short title.

"Sale of" as another Bill in this series-the Public Health (Food) Bill-deals with other aspects of the sale of food. ·

Government Analyst included in definition of Analyst. In definition of Officer "authorised in writing by the Urban Council on the recommendation of the Director of Medi- cal and Sanitary Services" substituted for "appointed by the Chief Secretary to the Government".

Sub-section (1) (i) of model dealing with fines for breach of rules omitted as breach of regulations is dealt with in section 12 of the H.K. Ordinance. Sub-section (3) redrafted to conform with the standard H.K. form. Section 3 of the model is omitted. Public servants are defined by Ordinance No. 31 of 1911, s. 39 (10).

"or the regulations made thereunder" added in

sub-section (1) (b).

Sub-section (2) simplified.

Sub-sections (4) and (5) of the model omitted.

5

6

7

7

6

'personally" substituted for "either personally or by registered letter" in sub-section (3).

Sub-section (4) is not in the model.

"or the regulations made thereunder" added in sub-section (1). References to the Principal Medical Officer omitted in sub-sections (1) and (2).

Proviso at end of sub-section (7) and sub-section

(8) of model omitted.

8

8

9

9

10

10

11

11

12

12

13

13

14

14

15

15

"or the regulations made thereunder add-d.

$250 substituted for $200.

'or vessel" omitted in sub-section (1).

D.M.S.S. instead of Chief Secretary in sub-

section (2).

F. M. S.

459

Table of Correspondence,-Continued.

Adulterated

Food

Enactment and Drugs

No. 9 of

Ordinance,

Remarks.

1913.

Section.

1935

Section.

16

16

or drug" added twice.

17

17

18

18

19

19

20

20

21

21

22 23

228

23

'Magistrate' substituted for "Court before which any proceedings for an offence against this Enactment are had".

24

24

242

25

25

1

26

Repeal of Ordinance No. 8 of 1896.

Section 26

of the model is omitted. Appeals from magistrates are dealt with in the Magistrates

Ordinance No. 41 of 1932.

27

Commencement.

460

A BILL

[No. 4-18 1.35.-10.]

Short title.

INTITULED

An Ordinance to amend and consolidate the law relating to Quarantine and the Prevention of Disease among human beings.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Public Health (Quarantine and Prevention of Disease) Ordinance, 1935.

Part I.

GENERAL.

Aerodrome.

Aircraft.

Authorised aerodrome.

Building.

Circum- scribed

case.

Contact.

Interpretation.

2.-(1) In this Ordinance :

"Aerodrome" means a place set apart for the arrival and departure of aircraft and includes a place for the landing of hydroplanes (and similar craft) on water. Whatever relates in this Ordinance to aerodromes is to be understood to apply mutatis mutandis to places for the landing of hydroplanes (and similar craft) on water.

"Aircraft" includes any machine which can derive sup- port in the atmosphere from the reactions of the air and is intended for aerial navigation.

"Authorised aerodrome" means any aerodrome declared by the Governor in Council by notification in the Gazette to be an authorised aerodrome on which aircraft may make their first landing on entering the Colony and which they may make their place of departure on leaving the Colony.

"Building" includes any house, hut, shed or roofed enclosure, whether needed for the purpose of human habitation or otherwise, and also any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge.

"Circumscribed case" means either a case of infectious disease originating in a quarantine station or an imported case which has been immediately isolated in a quarantine station or a case occurring in a new arrival during the period of his quarantine or surveillance.

"Contact" means any person who has been or is likely to have been exposed to the risk of contracting an infectious dis-

ease.

461

"Contact vessel" or "Contact aircraft' is a vessel or Contact

                                          Vessel. aircraft which has come from or been in contact with an infected port, and which has not been granted free pratique in Hong Kong.

"Council" means the Urban Council, unless some other Council. Council is indicated.

"Crew" includes any person who is on board any vessel Crew. or aircraft not for the mere purpose of being carried from one place to another, but who is employed in some way in the service of the vessel or of persons on board or of the cargo.

"Day" means an interval of twenty-four hours.

"Delouse" means to render free from lice.

"Deratise" means to render free from rats.

Day.

Delouse,

Deratise.

"Disease" means any malady of an infectious or contagi- Disease. ous nature dangerous to mankind and includes leprosy and rabies but does not include any venereal disease.

"Disinfect" means to destroy or remove the germs of Disinfect.

disease.

"Disinsectise" means to render free from insects.

Disinsectise.

Officer.

"Health Officer" includes the Director of Medical and Health Sanitary Services, any medical officer appointed by the Governor as a Health Officer or Port Health Officer, and any officer for the time being performing the duties of a Health Officer or Port Health Officer.

"Immigrant" includes:-

(a) any person arriving in the waters of the Colony as a deck, steerage or third class passenger on board a steamship or motor ship or as a passenger on board any other vessel with the intention of landing in the Colony;

(b) a third class passenger who enters the Colony by train.

Immigrant.

"Infected" means infected with the germs of infectious Infected.

disease.

"Infected area" means any area which has been declared Infected by the Governor in Council by notification in the Gazette to be area. an infected area from the date of such declaration until the date of withdrawal of such declaration in the Gazette.

>

place.

"Infected place" or "Infected port" means any place or Infected port which has been declared by the Governor in Council to Infected be an infected place or port from the date of such déclaration port. until the date of withdrawal of such declaration.

disease.

"Infectious disease" means any of the following diseases, Infectious namely, plague, cholera, smallpox, yellow fever, typhus, cerebro-spinal meningitis, measles, chickenpox, diphtheria and enteric, and any other disease which the Governor in Council shall by notification in the Gazette declare to be included within the said expression.

Practitioner.

"Medical practitioner" means a registered practitioner Medical within the meaning of the Medical Registration Ordinance, Ordinance

1884.

"Port" includes sea-port, river-port and air-port.

No. 1 of

1884.

Port.

Port Health Officer.

Premises.

Quarantine.

462

"Port Health Officer" includes the Health Officer of the Port, the Second Health Officer of the Port and any other Health Officer or Medical Officer for the time being perform- ing the duties of a Port Health Officer.

"Premises' includes any land, building, structure of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch or place open, cover- ed or enclosed, or cesspool or foreshore, and also any vessel lying within the waters of the Colony.

"Quarantine" or "Observation" means the compulsory Observation. detention in isolation for the purpose of and under the pro- visions of this Ordinance and the regulations made thereunder of any vessel, person, animal or thing, so that it or they shall have no communication with any other vessel, person, animal or thing or with any other place except in accordance with the said Ordinance and regulations.

Quarantine anchorage.

Quarantine station.

Quarantin- able diseases.

Sanitary aerodrome.

Surveillance.

Vessel.

Vessels or aircraft when regarded as infected.

"Quarantine anchorage" means that area of the Harbour which has been appointed for the time being for the detention in isolation of vessels undergoing quarantine and which has been declared a quarantine anchorage by Ordinance or by the Governor in Council.

"Quarantine station" means any place where quarantine or observation is carried out and includes an infectious dis- eases hospital and any place declared by the Governor in Council to be a quarantine station or a sanitary station.

"Quarantinable diseases" means plague, cholera, yellow fever, typhus or smallpox.

"Sanitary aerodrome" means an authorised aerodrome declared by the Governor in Council to be a sanitary aero- drome.

"Surveillance" means that persons subject thereto are not isolated, and that they may move about freely on condition that they sign a bond pledging themselves to submit to medical examination daily or as often as may be required by the Health Authorities of the several places whither they are bound, such authorities being notified by the Health Officer of the advent of the persons in question and of the conditions under which they have been given their freedom.

"Vessel" includes any ship, boat or other description of vessel used in navigation.

(2) A vessel or aircraft shall be regarded as "infected"- (a) in respect of plague :-

(i) if it has a case of plague on board;

(ii) if a case of plague broke out on board more than six

days after embarkation of the person affected; or

(iii) if plague-infected rats are found on board.

(b) in respect of cholera :-

(i) if there is a case of cholera on board; or

(ii) if there has been a case on board during the five days. previous to the arrival of the vessel.

(c) in respect of smallpox :

if it has on arrival or has had during the voyage any case of this disease on board.

(d) in respect of typhus :-

463

if it has on arrival or has had during the voyage any case of typhus on board.

(e) in respect of yellow fever :-

(i) if there is a case of yellow fever on board; or

(ii) if there was a case on board at the time of departure or during the voyage.

(f) in respect of infectious disease other than the

above :-

if there is a case on board.

(3) A vessel or aircraft shall be regarded as Vessels or "suspected"-

(a) in respect of plague :-

(i) if a case of plague broke out on board in the first six days after embarkation of the person affected; or

(ii) if there has been an unusual mortality on board among rats the cause of which has not been determined.

(b) in respect of cholera :-

if there has been a case of cholera on board at the time of departure or during the voyage, but no fresh case during the five days previous to arrival.

(c) in respect of yellow fever:

(i) if having had no case of yellow fever on board it arrives after a voyage of less than six days from an infected port or from a port in close relation with any endemic centre of yellow fever; or

(ii) if having had no case of yellow fever on board it arrives after a voyage of more than six days and there is reason to believe that it may carry winged stegomyia (Aedes Egypti) from any such port.

aircraft when regarded as suspected.

aircraft

(4) A vessel or aircraft shall be regarded as "contact" if Vessels or it has come from or been in contact with an infected port when and has not been granted free pratique in Hong Kong.

regarded

as contact.

Duration of

incubation.

3. The period of incubation for the purposes of this Ordinance shall be five days in the case of cholera, six days period of in the case of plague or yellow fever, twelve days in the case of typhus and fourteen days in the case of smallpox.

of release

4. (1) Any person liable to be subjected to surveillance Conditions shall, as a condition of being exempted from quarantine, give from quar- a written undertaking to a Health Officer to attend and submit antine of to daily examination at such place and at such time as such Health Officer shall appoint.

persons liable

to be subjected to surveillance.

(2) The undertaking shall be in the form in Schedule A. Schedule A. (3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordinance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

from quar-

5.-(1) A Health Officer may require that any contact Conditions liable to be detained in quarantine shall, as a condition of of release being released from quarantine for the period for which he is antine of so liable, give a written undertaking :-

(a) to attend and submit daily to examination at such place and at such time as such Health Officer may appoint; and

contacts.

Schedule A.

Substitution

of quar-

antine or observation for sur-

veillance.

Escape or evasion.

Power of Governor in Council to make

regulations.

464

(b) to submit to surveillance at a private residence under such conditions as such Health Officer may impose.

(2) The undertaking shall be in the form in Schedule A.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordinance.

4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

6. In all cases where this Ordinance refers to "surveil- lance" а

Health Officer may substitute quarantine or observation when the persons in question do not offer sufficient security that they will faithfully observe all the conditions of the undertaking which those who are granted surveillance are required to give. Such quarantine or observation may be carried out on board ship or in a quarantine station according to the exigencies of the case. 7.-(1) Any person who is authorised to be detained under this Ordinance or any regulation made thereunder may in case of escape be arrested by :

(a) any officer or servant of the hospital, reception płace, isolated house or quarantine station from which the escape was made;

(b) any officer appointed under this Ordinance; or (c) any police officer;

and may be again conveyed to and detained in the place from which the escape was made or any other place authorised by a Health Officer.

(2) Any person who being subject to surveillance under this Ordinance or any regulation made thereunder fails to present himself for examination or to observe any term of his undertaking may be similarly arrested and detained to the satisfaction of a Health Officer.

(3) Any person who having been authorised to be detain- ed escapes or attempts to escape shall be guilty of an offence against this Ordinance.

POWER TO MAKE REGULATIONS.

8. (1) The Governor in Council may make regulations. for the purpose of preventing the introduction into, the spread in and the transmission from, the Colony of any disease.

(2) Without prejudice to the generality of the provisions of sub-section (1) such regulations may provide :-

(a) for the appointment of Health Officers, Inspectors and other officers to carry out the provisions of this Ordinance or of any regulations or by-laws made thereunder, and for regulating their duties and conduct and for investing them with all powers necessary for the due execution of their duties;

(b) for prescribing the reporting to Government by medical practitioners or others of cases of disease;

(c) for prescribing and regulating the form and mode of service of delivery of notices and other documents;

*

465

(d) for prescribing the fees to be paid under this Ordi-

nance;

(e) for placing in quarantine vessels and aircraft arriving or being at any port or place within the Colony or the waters of the Colony, and for their management while in quarantine, and for granting certificates of the condition of vessels and aircraft or of the Colony or any part thereof in respect of disease:

(f) for the deratisation of vessels or aircraft;

(g) for the disinfection and disinsectisation of vessels, aircraft, persons, animals and things;

(h) for prohibiting either absolutely or conditionally, or for regulating, the importation, exportation or removal in the Colony of dead bodies;

(i) for prohibiting or regulating

(i) the admission of persons into or their movements within the Colony or their departure therefrom either absolu- tely or conditionally.

(ii) the importation of merchandise, food and drink:

() for establishing and maintaining quarantine stations. for persons and for regulating the management of the same;

(k) for the detention and seclusion in a quarantine station or on board of persons, whether actually suffering from disease or not, arriving on vessels or aircraft subject to quarantine, and for the payment to Government of any costs and expenses charged or incurred for the medical attendance and mainten- ance of any such persons;

(1) for prescribing the measures to be taken for the prevention of the conveyance of infection by means of any vessel or otherwise from any area or port of the Colony, in- cluding :-

(i) the measures that shall be applied to vessels or air- craft before departure;

(ii) the measures that shall be taken to prevent the de- parture of persons infected with or suspected of being infected with plague, cholera, yellow fever, typhus or smallpox, and of persons in such relation with the sick as to be rendered liable to transmit the infection of these diseases;

(iii) the measures that shall be applied with respect to merchandise, articles or clothing infected or suspected of being infected;

(iv) the prohibition either absolutely or conditionally of the export of merchandise, or of articles of clothing infected or suspected of being infected;

(v) precautions with regard to drinking water and food- stuffs taken on board vessels, aircraft or trains and the water taken in as ballast by vessels;

(vi) measures for the prevention of access of mosquitoes to vessels or aircraft in the case of the prevalence of yellow fever;

(vii) measures for delousing typhus suspects before em- barkation; and

466

(viii) measures for the disinfection of clothes and rags. before packing where smallpox is prevalent;

(m) for appointing, establishing and maintaining places for the sanitary control of aerial navigation and for prescribing the sanitary measures to be taken in respect thereof;

(n) for prescribing the liability of any person to defray the expenses connected with the enforcement of this Ordinance or any regulation made under this Ordinance. and for regulating questions of compensation in connection there- with; and

(o) for prescribing the fine with which the contravention of any regulation made under this Ordinance shall be punish- able, but so that no such fine shall exceed five hundred dollars.

(3) Without prejudice to the generality of the provisions of sub-section (1) and for the prevention of any epidemic, endemic, contagious or communicable disease, such regula- tions may also provide:-

(a) for the compulsory reporting of infectious disease;

(b) for entering and searching houses, buildings, rooms and other places in which the presence of diseased persons or persons dead of disease or contacts may be suspected and for the examination of the occupants;

(c) for prohibiting or regulating the movements of dis- eased persons or of persons suspected of being diseased or of contacts;

(d) for the removal of diseased persons or persons sus- pected of being diseased to hospital or other places for medical treatment, and for their detention until they can be discharged with safety to the public, and for the temporary occupation of places required for the treatment of diseased persons or for the segregation of diseased persons or contacts;

(e) for prohibiting or regulating the removal of bedding, clothing, furniture or other articles which have been in the presence of a diseased person and which are reasonably sus- pected of being infected, and for the disinfection or destruction of the same;

(f) for ordering the vacation of, and for ordering or executing the cleansing and disinfection of, houses, buildings, rooms and other places which have been occupied by any dis- eased person, or which are suspected of being infected with disease, or which are overcrowded or otherwise in an insani- tary condition;

(g) for house to house visitation, cleansing and disinfec- tion;

(h) for the better prevention of the danger of the spread- ing of infection by rats by destroying them or minimising their numbers, and for the prevention of the passing of rats from the shore to vessels and aircraft and vice versa.

(i) for the disinfection and purification of infected. vehicles;

() for the examination of the bodies of dead persons and the certification of the cause of death in cases where the cause. has not been certified by a qualified medical practitioner or where there is reason to suspect that the diagnosis made is not correct;

467

(k) for the speedy and safe disposal of the dead; and

(1) for such other matters as may appear to the Governor in Council advisable for the prevention or mitigation of disease.

(4) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and, if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without pre- judice to anything done thereunder, be deemed to be rescinded or amended as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

OFFENCES & PENALTIES.

9. If any person without lawful authority or excuse Offences does or omits to do anything which, under the provisions of generally. this Ordinance or the regulations made thereunder, he ought not to do or omit, or if he obstructs or impedes, or assists in obstructing or impeding, any Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty or disobeys any lawful order of any such officer as aforesaid, he shall be guilty of an offence against this Ordinance.

10. If any person is guilty of an offence against this Penalty. Ordinance or any regulation made thereunder for which no other penalty is provided, he shall be liable on summary conviction to a fine not exceeding two hundred dollars, and, if such offence be of a continuing nature, to a further fine not exceeding twenty dollars for every day during which such offence shall continue.

second or

11. A person convicted of any offence against this Increased Ordinance or any regulation made thereunder who is within penalty for a period of twelve months from the date of such conviction subsequent convicted of a second or subsequent like offence against this offence. Ordinance or any regulation made thereunder shall be liable to imprisonment for any term not exceeding two months either in addition to or in lieu of the fine authorised by section 10.

12. (1) When a person is seen or found committing or Arrest. is reasonably suspected of being engaged in committing an offence against this Ordinance or any regulation made there- under, any Health Officer or police officer may, without warrant, stop and detain him, and if his name and address are not known may arrest him.

(2) If any person obstructs or impedes a Health Officer or other officer appointed under this Ordinance or any police. officer in the execution of his duty under this Ordinance or any regulation made thereunder, or assists in any such obstruction or impeding, he may be arrested by such Health Officer or other officer or police officer without warrant.

(3) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted.

Forfeitures.

Presumption of know-

ledge.

Measures prescribed to be under general

direction of Director of Medical and Sanitary Services.

Import of noxious insects and pests.

Import of diseased

persons.

Declaration of infected port.

Medical inspection or

468

13. If any person lands or attempts to land or otherwise brings into the Colony any animal or thing in contravention of this Ordinance or of any regulation made thereunder, such animal or thing shall be liable to be forfeited: Provided that this section shall not apply to landing or bringing into a quarantine station any animal or thing under the instructions. of a Health Officer.

14. When any occupant of a house in which a case of disease occurs, or any person in charge of a diseased person, is charged with an offence against this Ordinance relative to such disease, he shall be presumed to have known of the existence of such disease in such person unless and until he shows to the magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge.

15. The execution of the measures prescribed by this Ordinance and the regulations made thereunder shall be carried out under the general direction of the Director of Medical and Sanitary Services.

Part II.

THE PREVENTION OF THE INTRODUCTION OF DISEASE.

16. No person shall knowingly import into the Colony any living noxious insect, or any living pest, or any living germ or microbe of disease, or any bacterial culture, without the written consent of a Health Officer.

17. Every master of any vessel or aircraft who brings into the Colony any person suffering from leprosy or any infectious or contagious disease, or who removes any such person from one part of the Colony to the other, except on the order of a Health Officer, shall be deemed guilty of an offence against this Ordinance unless such master can show to the satisfaction of the magistrate that he had no reasonable means of knowing that such person was so suffering.

18. Whenever information is received that any quaran- tinable disease has broken out, or exists, or is reasonably sus- pected to exist, at any place or port without the Colony it shall be lawful for the Governor in Council to declare that such place or port is an infected place or infected port.

All declarations made under this section shall be notified in the Gazette.

19. (1) All persons coming from an infected place or examination port otherwise than by sea or air may be medically inspected

or examined by a Health Officer.

of arrivals

from infected

places or

ports

    (2) The inspection or examination shall be conducted at otherwise such place as the Director of Medical and Sanitary Services

than by sea. shall approve.

Any vessel or aircraft may be

visited by Health

Officer.

(3) In the case of persons arriving by rail the railway au- thorities shall allow sufficient time and make due arrangements for the examination to take place.

20. (1) Any vessel or aircraft arriving in the Colony may be visited by a Health Officer, who may exercise all or any of the powers vested in him by section 31, and shall deal with the vessel or aircraft in the manner prescribed by or under this Ordinance.

469

(2) Every master of such vessel or aircraft shall allow and assist on board without delay a Health Officer as soon as he comes alongside.

information

(3) The master or any other person having the control Master to of any vessel or aircraft shall give to a Health Officer, furnish officer in charge of aerodrome or Boarding Officer such to Health information about the vessel or aircraft and the voyage and Officer or the health of the crew and passengers and otherwise as the Officer. officer may require and shall answer truly and fully all the questions put to him by any such officer.

21. No infected, suspected or contact vessel shall enter the harbour limits before 6 a.m. or after 6 p.m. without the permission of a Health Officer.

Boarding

Time limits for

admission to harbour of infected, suspected and contact

vessels.

signal.

22.-(1) Every infected, every suspected and every con- Infected, tact vessel on entering the waters of the Colony shall display suspected the appropriate quarantine signal as prescribed by section 35, vessels to and shall not communicate with the shore until granted prati- fly quarantine que by the express written order of a Health Officer: Provided nevertheless that any such vessel, which is on a voyage to any other place and which has held no unauthorised communication with the shore, may with the written consent of a Health Officer proceed on such voyage or tranship the passengers for the purpose of completing such voyage.

(2) The aforesaid quarantine signal shall not be lowered until a Health Officer has given free pratique.

required to

23. Every infected, every suspected and every contact Vessels vessel shall, unless previously granted pratique, proceed at proceed to to the quarantine anchorage and shall not remove quarantine anchorage. therefrom, except from stress of weather, until released by order of a Health Officer. No vessel which is compelled to leave the quarantine anchorage from stress of weather shall communicate except by signals with the shore or with any other vessel, and such vessel shall return to the quarantine anchorage immediately such stress of weather has subsided: Provided that in case of stress of weather involving probable actual danger to the vessel the vessel may remove for a time, but shall be deemed nevertheless for all purposes to be subject to all other regulations applicable to such vessels.

quarantine

24. The master of every vessel shall remove his vessel Position at to any part of the quarantine anchorage as and when anchorage required by the Harbour Master.

determined by Harbour Master.

allowed with

suspected and

25. Subject to the provisions of section 26, no person No com- other than a Health Officer, or persons in his boat, munication shall approach within thirty yards of an infected, suspected infected, or contact vessel, or hold any communication except by contact signals with such vessel or with any person on board thereof, vessels. or receive or take any person or thing whatsoever, directly or indirectly, from the vessel or from any person on board thereof without having first received the express written permission of such Health Officer, and without observing such precautions as he may require.

26. The pilot may board a vessel flying the quarantine Filot may flag for the purpose of taking it to the quarantine anchorage. board vessel In no case shall any member of his crew or other person quarantine board the vessel unless authorised by a Health Officer.

flying

flag.

Landing of passengers before inspection prohibited.

Duty of guard of train to

report cases

of infection.

Duty of

station

master with regard to infected case

470

27. No master of any infected, suspected or contact vessel bringing passengers into the Colony shall land or permit to land or to be landed from his vessel any such passengers until they have been inspected and passed by a Health Officer, and the master shall afford all reasonable facilities for enabling such inspection to be duly carried out. No master shall land or permit to land or be landed from his vessel at any place within the Colony any infected person except with the permission of a Health Officer, and any master from whose vessel any infected person is landed without permission shall, on demand from a Health Officer, forthwith remove such person from the Colony.

28.-(1) The guard of any train on which a case of quarantinable disease is present shall on arrival at the first station report the facts to the station master, who shall telephone or telegraph them to a Health Officer.

(2) The station master shall detain the carriage in which. the sick person is and all other occupants thereof for examina- tion by a Health Officer, and shall detach the carriage from and carriage. the rest of the train and keep it at the station until the examination has been made, or send the carriage to another station at which the examination can be more expeditiously carried out and from which the sick person and other persons may be more easily conveyed to a hospital or place of isolation.

Restriction on landing

or departure of aircraft.

Sanitary aerodrome,

restriction

of admis-

sion to and departure from.

Health

Officer to inspect

infected,

suspected

and contact vessels.

Declaration by Master and Surgeon.

Penalty

for untrue declaration.

(3) Any person suffering or suspected to be suffering from any such disease shall be removed to a hospital or place of quarantine and remain there until discharged by the officer in charge thereof.

29. No infected, suspected or contact aircraft shall land at any place in the Colony other than a sanitary aerodrome, and no such aircraft shall leave such sanitary aerodrome until released by order of a Health Officer.

30. No person other than a Health Officer or persons authorised by him shall enter or depart from a sanitary aero- drome.

31. On the arrival of an infected, suspected or contact vessel at the

the quarantine anchorage, a Health Officer shall go on board and put to the master and surgeon, if any, or to any other person on board such questions as he deems. necessary in order to ascertain the state of health of persons. on board, the sanitary condition of the ship and cargo and the sanitary conditions of the port of departure or of inter- mediate ports touched at, and may require the presence for inspection and examination of all persons on board, and may inspect every part of the ship and demand to see the journal or log book and all ship's papers.

32.-(1) The master and surgeon of every such vessel as aforesaid shall make and sign before a Health Officer a true declaration as to the number of crew and passengers, the presence or prevalence of infectious disease on board or during the voyage, the number of deaths and such other particulars as may be required by such Health Officer.

(2) Any such declaration purporting to be signed by the master and surgeon shall be deemed to have been so signed, and any information therein contained, which shall

471

subsequently be found to be untrue, shall render such master or surgeon liable on summary conviction to a fine not exceeding one thousand dollars each and to imprisonment for any term not exceeding six months.

(3) Any master or surgeon who fails to make and sign a Penalty for declaration as herein required, shall be liable on summary con- viction to a fine not exceeding five hundred dollars.

failure to make declaration.

according to

33. A Health Officer, after making such an enquiry, Vessel to be inspection or examination, shall deal with such vessel as afore- dealt with said and the persons and things on board in the manner pro- provisions vided by this Ordinance or by the regulations made thereunder. Ordinance.

34. Any master of a vessel or other person on board Penalties for who:

preventing Fort Health Officer inspecting vessel.

(a) prevents or attempts to prevent a Health Officer from going on board such vessel;

(b) conceals from а Health Officer the true state of the health of the crew or passengers or other persons on board such vessel;

(c) refuses to answer or gives an untrue answer to any enquiry made by a Health Officer under this Ordinance;

(d) fails to produce the journal or log and ship's papers of such vessel or any of them on demand of a Health Officer;

(e) fails to present the crew and passengers for inspection when required to do so by a Health Officer;

(f) prevents or attempts to prevent a Health Officer from inspecting any part of the vessel,

shall be liable on summary conviction to a fine not exceeding five hundred dollars.

35. The master of every vessel undergoing quarantine Signals on shall display the appropriate quarantine signal which shall be-- vessels in

(a) By day-

Q flag-signifying

Q flag over first substitute (QQ) signifying... Q flag over L flag (QL) signifying.

(b) By night-

A red light over a white light signifying....

"My ship is 'Contact' and I request free pratique."

"My ship is 'Suspected'."

"My ship is 'Infected'."

"I have not received free pratique".

The two lights shall not be more than six feet apart.

quarantine.

restrict move-

36. The Inspector General of Police and any officer whom Power of he may appoint for the purpose may order any person Police to leaving an infected, suspected or contact vessel or any ments of vessel in quarantine, or taking or sending any person or thing persons or whatsoever from such vessel, to remain in, or return to, such and from vessel and may, by such necessary force as the case requires, vessels in compel any person neglecting or refusing to observe such quarantine.. order to obey the same.

things to.

Officer as

37. Whenever a Health Officer shall so require, Power of all passengers on board any vessel in quarantine or so many Port Health as he may direct shall be taken to a quarantine station and to passengers there kept and attended to for such a time as he may deem on board proper before allowing them to return on board the vessel or quarantine.

vessels in

Power of detention of infected

persons

desirous of landing.

Power of Health

Officer with regard to disposal of infectious

corpse.

Trespasser

station may

472

to be transferred to any other vessel or to land in the Colony, The period of detention shall in no case be greater than is permitted by this Ordinance or any regulation made there- under.

38. A Health Officer may detain in a quarantine station, until such time as the disease is no longer com- municable to others, any person desirous of landing in the Colony who on arrival is found to be suffering from an infectious disease.

39. In the case of a vessel or aircraft in the waters of the Colony having on board the body of any person who has died from an infectious disease, the body shall be disposed of in such manner as may be ordered by a Health Officer; and the master of the vessel shall carry out such orders as such Health Officer may give him in relation to the disposal of the body.

40. Any person entering or landing on a quarantine on quarantine station without permission may be detained and kept under observation at his own expense for such period not exceeding fourteen days as a Health Officer may deem proper.

be detained.

Costs

Government

may be recovered

from owners or agents.

41. Any costs and expenses charged or incurred by the incurred by Government for the vaccination, inoculation, removal, medical attendance and maintenance of any person, whether on the ship's articles or not, who under this Ordinance or the regula- tions made thereunder is removed to any hospital or place from any vessel or aircraft for medical treatment or surveillance, or for the burial of any person who may die on any vessel or air- craft, or who dies after removal to hospital, or for the burial of any dead body found on board any vessel or aircraft, or for the cleansing and disinfection of any vessel or aircraft, or of the merchandise on board any vessel or aircraft, or of any part of the vessel or aircraft or of the merchandise, including the hire of the necessary labour, boat, junks and disinfecting appliances, shall be paid to Government by the owners or agents of the vessel.

Police to furnish assistance.

Exemption

of postal matter.

Duty of medical practitioner

and master

when a case of infectious disease dis- covered on

42. The Inspector General of Police shall furnish such police assistance as any Health Officer may require for the purpose of enabling him to exercise the powers vested in him by this Ordinance or the regulations made thereunder and to deal with vessels and aircraft and persons and things on board thereof in the manner prescribed by this Ordinance.

43. Nothing in this Ordinance or the regulations made thereunder shall render liable to detention, disinfection or destruction any articles being part of any mails conveyed under the authority of the postal administration of any country, except in the case of such importation as is pro- hibited under section 16.

44. Should the surgeon of, or any medical practitioner visiting, any vessel or aircraft which is within the limits of the Colony find on board any infectious disease, such vessel or aircraft shall at once be considered as an infected vessel or aircraft under this Ordinance. It shall be the duty board vessel of such surgeon or medical practitioner to inform the master of the nature of the disease and notify the same in writing to

  ΑΠ Health Officer. All further action as regards the patient, the members of the crew, the passengers or the vessel or aircraft shall be under the direction of a Health Officer. The master of such vessel or aircraft shall

or aircraft.

a

473

at once take such steps as are necessary to inform a Health Officer of the facts of the case and shall display the appropriate Quarantine Signal, and shall not permit any further communi- cation with the shore, but shall wait for instructions from a Health Officer.

of sickness

45. In case any vessel in the waters of the Colony which Duty of carries no surgeon has on board any sickness, the nature of master in case which the master is unable to determine, he shall at once hoist where no the call flag for medical assistance (letter M in the International surgeon is Code of Signals over the Code Pennant), shall take such measures as may be necessary to inform a Health Officer and shall await his directions.

carried.

46. This Ordinance and the regulations made thereunder Internal shall not in any way interfere with the internal management of of ships of any of His Majesty's ships or of foreign ships of war, or with war not to their freedom to proceed to sea, whenever the officer in with. command may deem such course requisite.

Plague Precautionary Measures.

be interfered

47. Plague infected vessels and aircraft shall be sub- Plague jected to the following measures :-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) All persons who have been in contact with the sick and those whom a Health Officer has reason to consider suspect shall be disembarked if possible. They may be sub- jected to observation, or to surveillance, or to observation followed by surveillance, provided that the total duration of these measures does not exceed six days from the arrival of the vessel.

(iv) Bedding, soiled linen, wearing apparel and other articles which, in the opinion of a Health Officer, are infected shall be disinsectised and if necessary disinfected.

(v) The parts of the vessel which have been occupied by persons suffering from plague or which in the opinion of a Health Officer are infected shall be disinsectised and if necessary disinfected.

précaution-

ary measures in case of infected vessels or

aircraft.

48.-(1) A Health Officer may require deratisation Provisions before the unloading of cargo, if he is of opinion, having discharge

relating to

regard to the nature of the cargo and the way it is loaded, of cargo. that it is possible to effect a total destruction of the rats before unloading. In this case a ship shall not be subjected to a new deratisation after unloading. In other cases the complete destruction of the rats shall be effected on board when the holds are empty. In the case of ships in ballast, this process shall be carried out as soon as possible before taking cargo.

(2) If the vessel is to unload a part of its cargo only and if a Health Officer considers that it is impossible to carry out complete deratisation, the said vessel may remain in port for the time required to unload that part of its

Plague precaution-

ary measures in case of SLErected vessels or aircraft.

Plague precautions in case of contact vessels or aircraft.

Pratique.

Periodical

deratisation

of vessels

474

cargo, provided that all precautions, including isolation, are taken to the satisfaction of a Health Officer to prevent rats from passing from the vessel to the shore, either during unloading or otherwise.

(3) The unloading of cargo shall be carried out under the control of a Health Officer, who shall take all measures necessary to prevent the persons employed on this duty from becoming infected. Such persons shall be subjected to observation or surveillance for a period not exceeding six days from the time when they have ceased to work at the unloading of the vessel.

49. Plague suspected vessels and aircraft shall undergo the measures specified in section 47 (i) (iv) and (v) and in section 48. In addition the passengers and crew may be subjected to surveillance which shall not exceed six days reckoned from the date of arrival.

50. A vessel or aircraft shall be regarded as uninfected. or healthy, notwithstanding its coming from an infected port, if there has been no human or rat plague on board either at the time of departure or during the voyage or on arrival, and if the investigations regarding rats have not shown the existence of any unusual mortality.

51. An uninfected or healthy vessel or aircraft shall be given pratique immediately with the reservation that a Health Officer may prescribe the following measures in con- nection therewith:-

(i) Medical inspection to determine whether the condition of the ship corresponds to the definition of an uninfected ship.

(ii) In exceptional cases and for wellfounded reasons which shall be communicated in writing to the captain of the vessel, destruction of rats on board under the conditions specified in section 48 (1).

(iii) Subjection of the passengers and crew to surveillance for a period not exceeding six days from the date on which the vessel left the infected port. The crew may be prevented during the same period from leaving the vessel except on duty of which a Health Officer has been notified.

52. All vessels and aircraft except those employed in national coastal service shall be periodically deratised, or be and aircraft. permanently so maintained that any rat population is kept

down to a minimum.

Cholera

Cholera Precautionary Measures.

53. Cholera-infected vessels and aircraft shall be sub-

precaution- jected to the following measures:-

ary measures

in case of

infected

vessels and aircraft.

(i) Medical inspection.

(ii) The patients shall be immediately landed and isolated.

(iii) The passengers and crew may be kept under observation or subjected to surveillance during a period not exceeding five days reckoned from the date of arrival.

1

475

(iv) Bedding, soiled linen, wearing apparel and other articles, including foodstuffs, which, in the opinion of a Health Officer, have been recently infected, shall be disinfected or destroyed at his discretion.

(v) The parts of the vessel or aircraft which have been occupied by the patients or which are considered by such Health Officer as infected shall be disinfected.

(vi) Unloading of cargo shall be carried out under the supervision of such Health Officer, who will take al measures necessary to prevent the infection of the persons engaged in unloading. They shall be subjected to observation or to surveillance which shall not exceed five days from the time they cease unloading.

(vii) When the drinking water on board is suspected it shall be turned off and emptied out after being disinfected and shall be replaced, after disinfection of the tanks, by a supply of water of good quality.

(viii) Such Health Officer may prohibit the emptying into the port of water ballast which has been taken in at an infected port, unless such water ballast has first been dis- infected.

(ix) Such Health Officer may prohibit the emptying or discharge of human dejecta and of waste waters of the ship into the waters of the port unless such dejecta or waste waters have first been disinfected.

precaution-

54. Vessels or aircraft suspected of cholera shall be Cholera subjected to the measures prescribed under paragraphs (i), ary measures (iv), (v), (vii), (viii) and (ix) of the preceding section. The in case of passengers and crew may be subjected to surveillance for a vessels and period not exceeding five days from the date of arrival.

suspected

aircraft.

Effect of

bacteriolo- gical ex-

55. If any vessel or aircraft has been declared infected or suspected only because of cases on board presenting the clinical features of cholera and if two bacteriological examina- aminations. tions made with an interval of not less than 24 hours between them have not revealed the presence of cholera or any other suspicious vibrios, it shall be classed as uninfected.

ary measures

contact

56. A vessel or aircraft shall be regarded as uninfected Cholera if, although arriving from an infected port or having on board precaution- persons proceeding from an infected area, there has been no in case of case of cholera either at the time of departure from such vessels. infected port, during the voyage, or on arrival. Such vessel or aircraft may be subjected to the measures provided under paragraphs (i), (vii), (viii) and (ix) of section 53. In addition the passengers and crew may be subjected to surveillance. during a period which shall not exceed five days from the date of arrival. The crew may be prevented during the same period from leaving the ship or sanitary aerodrome except on duty of which a Health Officer has been notified.

clinically

57.-(1) Cases presenting the clinical symptoms of Cases cholera in which no cholera vibrios have been found or in cholera to which vibrios not strictly conforming to the character of be classed cholera vibrios have been found shall be subjected to all measures required in the case of cholera.

as cholera.

Germ

carriers.

Smallpox

476

(2) Germ carriers discovered on the arrival of a vessel or aircraft may be treated in the same way as cases of disease.

Smallpox Precautionary Measures.

58. Smallpox infected vessels or aircraft shall be sub-

precaution- jected to the following measures:-

ary measures

the case

of infected

vessels or aircraft

Smallpox precaution- ary measures

in the case of contact vessels or aircraft.

Ordinance No. 12 of 1923.

Typhus precaution-

ary measures

in case of infected vessels or aircraft.

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) Other persons reasonably suspected to have been exposed to infection on board, who, in the opinion of a Health Officer, are not sufficiently protected by recent vaccination or by a previous attack of smallpox, may be subjected to vaccination or to vaccination followed by observation or surveillance, the period of observation or surveillance being specified according to the circumstances, but in any case not exceeding fourteen days reckoned from the date of arrival of the vessel or aircraft.

(iv) Bedding, soiled linen, wearing apparel and other articles which such Health Officer considers to have been re- cently infected shall be disinfected or destroyed at his dis- cretion.

7) Those parts of the vessel or aircraft which have been occupied by persons ill with smallpox and which such Health Officer regards as infected shall be disinfected.

59. Vessels and aircraft which are not infected with smallpox but which come from a port declared to be infected with the disease shall be subjected to

subjected to the following

measures :-

(i) Medical inspection.

(ii) Any passenger or member of the crew who is not protected by vaccination or by a previous attack of smallpox, and who has left a local area where smallpox is epidemic within the previous fourteen days before landing in the Colony, may be subjected to

subjected to vaccination followed by surveillance.

Provided that nothing in this section or in section 58 shall derogate from the powers in respect of vaccination or deten- tion conferred by sections 17 and 18 of the Vaccination Ordin- ance, 1923.

Typhus Precautionary Measures.

60. Vessels or aircraft which during the voyage had, or at the time of their arrival have, a case of typhus on board shall be subjected to the following measures:---

(i) Medical inspection.

(ii) The sick shall be immediately disembarked, isolated. and deloused.

(iii) Other persons reasonably suspected to harbour lice, or to have been exposed to infection, shall be deloused and may be subjected to surveillance during a period which shall not exceed twelve days from the date of the delousing.

(iv) Bedding, linen, wearing apparel and other articles which a Health Officer considers to be infected shall be disinfected.

477

(v) The parts of the vessel or aircraft which have been occupied by persons ill with typhus and which such Health Officer regards as infected shall be disinfected and disinsectised.

Yellow Fever Precautionary Measures.

61. Vessels or aircraft infected with yellow fever shall be Yellow subjected to the following measures:-

(i) Medical inspection.

fever pre- cautionary measures in

case of infected

aircraft.

(ii) The sick shall be disembarked, and those of them vessels or whose illness has not lasted more than five days shall be isolated in such a manner as a Health Officer may direct to prevent the infection of mosquitoes.

(iii) Other persons who disembark shall be kept under observation or surveillance during a period which shall not exceed six days reckoned from the time of disembarkation.

(iv) A ship shall be moored at least 220 yards from the inhabited shore and at such a distance from other vessels as will render the access of mosquitoes improbable.

(v) The destruction of mosquitoes in all phases of growth shall be carried out on board, as far as possible before unloading of cargo. If the unloading is carried out before the destruction of mosquitoes, the persons employed shall be subjected to observation or surveillance for a period not exceeding six days from the time when they ceased unloading.

fever pre-

62. Vessels or aircraft suspected of yellow fever may be Yellow subjected to the measures specified in paragraphs (i), (iii), (iv) cautionary and (v) of section 61.

63. A vessel or aircraft shall be regarded as uninfected, notwithstanding its having come from a yellow fever infected port, if on arriving after a voyage of more than six days it has no case of yellow fever on board and either there is no

to believe that it carries adult stegomyia or Health Officer is satisfied :-

a

that the vessel or aircraft during its stay in the port of departure was moored at a distance of at least 220 yards from an inhabited shore and at such a distance from other vessels as to make the access of stegomyia improbable; or

(b) that the vessel or aircraft at the time of departure was effectually fumigated in order to destroy mosquitoes

Other Infectious Diseases, Precautionary Measures.

measures in case of suspected vessels or aircraft.

Yellow cautionary measures in contact

fever pre-

the case of

vessels or aircraft.

ary measures

vessels or

64. (1) Any person who, on arrival in the Colony by Precaution- any vessel or aircraft, is found to be suffering from chicken with pox, diphtheria, enteric, dysentery, scarlet fever, influenza, regard to cerebro-spinal meningitis, measles or other such infectious aircraft disease, may be removed to a hospital if a Health Officer is of infected opinion that he cannot be isolated or treated on board.

(2) Any bedding, linen, wearing apparel or other articles which such Health Officer considers to be infected shall be disinfected as he may direct.

(3) Any part of the vessel or aircraft which such Health Officer considers to have been infected shall be dis- infected as he may direct.

with non- quarantin- able diseases.

Measures

with regard to nuisances and in-

478

Insanitary and Overcrowded Vessels.

65.-(1) If a Health Officer on inspection of any vessel finds any decaying animal

animal or vegetable matter, rubbish, dirt, filth or other matter, which in his opinion is conditions on likely to be injurious to health or to create a nuisance, he may serve a written notice on the master, agent or owner of the vessel to abate the said nuisance within twelve hours.

sanitary

board vessel or aircraft.

Ordinance

No. 5 of 1910.

Vessels

with filthy passengers

or in an

overcrowded

state to go to quaran- tine

anchorage.

(2) If such nuisance is not abated within such time the master, agent or owner shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default.

(3) If a Health Officer on inspection of any vessel finds any crew's quarters, living spaces, water tanks, food- lockers, paintlockers, decks, lavatories, latrines or bilges to be in a dirty or insanitary state, he may call upon the master of such vessel to carry out to his satisfaction such cleansing, disinfection, white-washing or painting as he may direct.

(4) Any master of a vessel who neglects to comply with such orders within such time as a Health Officer directs shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default, and the person whose duty it is to grant a port clearance may, on the certificate of such Health Officer, withhold a port clearance from such vessel until such Health Officer's directions have been complied with.

(5) At the discretion of a Health Officer any offen- sive articles mentioned in this section may be discharged, and the vessel may, at the owner's or agent's expense, be disinfected under the supervision of a Health Officer.

(6) All expenses incurred by a Health Officer in carrying out this section shall be recoverable from the owner or agents of the vessel under the Crown Suits Ordinance, 1910.

66. Where a vessel has passengers on board who are in a filthy or otherwise unwholesome condition, or is over- crowded with passengers, emigrants or otherwise, a Health Officer may,

if in his opinion it is desirable with a view to checking the introduction of any infectious or contagious disease, and on his certifying to that effect, order the vessel to the quarantine anchorage or to such place as he may direct, and although the vessel is not infected or suspected such Health Officer may order the cleansing and disinfection of the vessel in such manner as he may deem

necessary.

Part III.

THE PREVENTION OF THE SPREAD OF INFECTIOUS DISEASE.

Notification

forms to be

(a) Notification.

67. The Secretary to the Medical Department shall upon furnished by application furnish every medical practitioner, every medical officer in charge of a Chinese Public Dispensary and every officer in charge of a Police Station with the printed forms to be used in the notification of infectious disease.

Secretary to Medical Depart- ment.

479

no false

68. No notification which contains any false information Notification shall be deemed a notification as required by this Ordinance must contain or by any regulation made thereunder unless the person nformation. notifying proves that he believed and had reasonable grounds for believing such information to be true.

Attending

69. If any inmate of any premises be suffering from or has died from plague, cholera, smallpox, yellow fever, practitioner typhus, cerebro-spinal meningitis, measles, chicken-pox, to notify diphtheria, scarlet fever, enteric, puerperal fever or rabies, and if such inmate be under the care of a medical practi- tioner, the said practitioner shall forthwith furnish Health Officer with a notification thereof in writing stating the name of such inmate and the situation of such premises.

Â

Such medical practitioner if not a Government Officer shall be entitled to receive, on application to the Secretary to the Medical Department, the sum of one dollar for each and every such notification, provided that he applies for payment within one month after the notification to which it relates; but not more than one fee shall be paid in respect of each case.

70. If any inmate of any premises be suffering from or Notification

                                          where no has died from plague, cholera, smallpox or cerebro-spinal

                                    practitioner meningitis, and if such inmate be not under the care of a has attended. medical practitioner, the occupier or keeper of such premises or, in default of such occupier or keeper, the nearest male adult relative living on such premises, or, in default of such relative, occupier or keeper, any person in charge of or in attendance on the sick person or dead body shall, on the nature of the disease becoming known to him or on the suspicion of the existence in such inmate of such disease, forthwith notify the same to any Government Medical Officer or the Medical Officer in charge of the nearest Chinese Public Dispensary, or any officer on duty at the nearest police station or any Sanitary Inspector, who shall immediately on receipt thereof transmit the information to a Health Officer.

or

of the

71. All persons knowing or having reason to believe Notification that any person has been attacked by, or is suffering from, by persons has died from, plague, cholera, smallpox or such knowledge other epidemic, endemic, or contagious disease as may from existence of time to time be duly notified in the Gazette, shall notify the disease. same without delay to any officer on duty at the nearest police station, or to any Government Medical Officer or to the Medical Officer in charge of the nearest Chinese Public Dispen- sary or any Sanitary Inspector, and any such officer receiving such information whether verbal or written or discovering any such case, shall notify the same with the least possible delay to a Health Officer, and may detain such person or remove him to a hospital until he can be examined by a Government Medical Officer or a Health Officer.

72. If any person in any hotel, boarding house or Notification common lodging-house becomes ill from any infectious, by keepers contagious or communicable disease the keeper of such boarding institution shall forthwith give notice thereof to a Health houses or Officer or to the Secretary for Chinese Affairs who shall im- lodging- mediately transmit such information to a Health Officer.

common

houses.

Delay in notification, failing to notify or giving false information.

Notice of

recovery to

to Health Officer.

480

73. (1) Any person required under this Ordinance or any regulation made thereunder to give information of any infectious disease, or of any death from infectious disease, who neglects without reasonable excuse to give such information with the least practicable delay, shall be guilty of an offence against this Ordinance.

(2) Any person who knowingly omits or refuses to give any

information which he is required to give, or who furnishes. as true information which he knows or has reason to believe to be false, shall be guilty of an offence against this Ordinance.

(3) When any person is charged with neglecting to give information of any infectious disease or any death from an infectious disease he shall be presumed to have known of the existence of such disease, unless he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

74. When any medical practitioner in attendance on be furnished any person suffering from infectious disease is satisfied that such person has so far recovered as, in the opinion of such medical practitioner, to be no longer a source of infection to others, such medical practitioner shall notify a Health Officer in writing to that effect.

Fower of entry for search and

(b) Power of Entry for Search, Examination & Detention.

75. (1) A Health Officer may enter and search, or direct a Sanitary Inspector to enter and search, any building examination, or enclosure for the purpose of ascertaining whether there is any person suffering from infectious disease or contacts there- in and may cause any persons found therein to be examined in order to ascertain whether any of them are infected or have recently been infected.

Power of magistrate to authorise

officer to enter

and inspect premises.

(2) A Health Officer may further cause any person to be detained for medical examination and may segregate in such place as he may appoint for the purpose any person found to be or suspected to be infected.

(3) A Health Officer or any officer duly authorized by him, may at any time enter any premises for the purpose of examining, and may examine, any dead body where he has reason to believe that the cause of death has not been certified by a duly qualified medical practitioner or has doubt as to the diagnosis made, and he may if he thinks fit order the removal of such body to any place if such removal is in his opinion necessary for the further examination of the body.

(4)-(a) If admission to premises for any of the purposes specified in this section is refused, any magistrate on complaint thereof on oath by any officer authorised by this section to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this section to inspect the same into the premises, and, if no such person can be found, the magistrate shall, on oath before him of that fact, by order under his hand authorise any such officer to enter the premises.

481

(b) After such order of a magistrate has been obtained, any officer authorised to inspect premises under this section may, if necessary, break into the premises named in the order.

(c) Any order made by a magistrate under this section shall continue in force until the work for which the entry was necessary has been done.

(c) Restrictions Against the Exposure or Transport of Infected Persons or Infected Articles.

infectious

cases

76. Except with the permission of a Health Officer Movement of no infected person shall depart from the house or place in which the disease manifested itself to any other house or restricted. place nor shall any person assist in such departure.

persons and

77.-(1) No person while suffering from an infectious Exposure of disease shall expose himself in any place to which the public has infected access or in any other place used in common by persons other transfer of than the members of the family or household to which such infectious infected person belongs, nor shall any person assist in such under proper

exposure.

(2) The transport of infected persons to hospital or other place approved by the Health Officer if carried out with proper precautions shall not be deemed an offence against this section.

cases except

precautions prohibited.

infected

78. No person shall knowingly give, lend, sell, pawn, Transfer or transmit, remove or expose any bedding, clothing or other exposure of articles which have been exposed to the risk of infection. articles Removal with proper precautions by a Health Officer shall prohibited. not be deemed an offence against this section.

to be carried

79. Except on the requisition of a Health Officer or Diseased police officer no owner, driver or person in charge of a public persons not conveyance shall permit any person suffering from an in public infectious disease to enter such conveyance, nor shall any conveyances. infected person enter a public conveyance except with the permission of a Health Officer.

vehicles and

80. A Health Officer may, for the purpose of carrying Imprest of out the provisions of this Ordinance, temporarily impress beasts. motor cars, carts, or other vehicles ordinarily let for hire with the beasts (if any) necessary to draw them and may engage the services of labourers or coolies. The owner of any cart or vehicle so impressed shall not be entitled to claim more than a reasonable sum for the use thereof. All such vehicles shall be disinfected before being returned to their

owners.

(d) Isolation of Infected Person in his own Premises

infectious

81.-(1) If in the opinion of a Health Officer any Conditions person suffering from an infectious disease can be properly under which attended in his own home without danger to others, the Health cases can Officer may order that such person shall be detained and be isolated treated there and the premises isolated.

(2) Every such order shall be in writing and signed by the Health Officer.

in their own houses.

Power to

remove infectious cases to hospital.

Detention of persons occupying infected

houses.

482

(3) A copy of such order in English and Chinese shall forthwith be posted up in a conspicuous position on or near the patient's house, and a copy shall also be sent to the nearest police station.

(4) After the posting up of any such order and so long as the same remains in force no person, except the Health Officer or any person authorised by the Health Officer in that behalf, shall enter or leave the isolated house or remove any furniture, bedding, clothing or articles therefrom.

(5) Any person may approach the isolated house for the purpose of delivering food or

       or medicine to the persons confined in the house or of removing their excreta but may not enter such house.

(6) The Health Officer may in his discretion disinfect any person, furniture, bedding, clothing or other articles in the isolated house and may thereupon permit such person or thing to leave or be removed from the house.

(7) When satisfied that the need for isolation no longer exists the Health Officer shall remove the order posted up as aforesaid and thereupon such order shall be deemed to be cancelled.

(8) Notice of such cancellation shall be sent to the nearest police station by the Health Officer.

(9) Upon receipt of the order mentioned in subsection (3) the officer in charge of the police station shall send as many police officers as are necessary to the isolated house and such. police officers shall enforce the isolation of the house and repel any attempt by the persons confined in the house to break out therefrom or by any others to enter therein.

(10) Upon receipt at the police station of the notice mentioned in sub-section (8) the police officers shall be removed from the house.

(e) Removal of Infectious Cases to Hospital.

82.-(1) A Health Officer may direct the removal to a hospital or other suitable building of any person suffering from an infectious disease, the treatment for which is provided in such hospital or building, if such person is, in his opinion, without proper lodging or accommodation or is living under conditions which are likely to cause the spread of the disease to other persons, or where there is no proper means of attending to the patient without danger to others: Provided that if any such person refuses to be so removed, it shall be lawful for a magistrate, on the application of the Health Officer, to order the removal of such person to such hospital or other suitable building.

(2) A patient so removed to a hospital or other suitable building shall there remain until discharged by the Medical Officer in charge thereof.

(f) Isolation of Contacts and Closure of Infected Buildings.

83. If in the opinion of a Health Officer it is necessary in the interests of the public health, the persons residing in a building or part of a building which is infected shall be detained therein or shall be removed to such other building or buildings as the Director of Medical and Sanitary Services may

1

483

direct and there be isolated and kept under supervision until such time as they may, in the opinion of the Health Officer be safely released.

It shall not be lawful for any person to reoccupy any such building or part of a building until it has been thoroughly cleansed and disinfected.

disinfect

and to

84.-(1) If in the opinion of the Director of Medical Power to and Sanitary Services it is necessary that all or any of close and the inmates, not themselves sick, of any house or building or buildings part thereof, in which a case of infectious disease exists or has isolate, recently existed, should be isolated or put under medical detain, or surveillance or that any such house or building or part arveillance thereof should be temporarily closed, a Health Officer may the contacts direct that-

(a) such house or building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein.

(b) all or any of the inmates, not being themselves sick, shall be isolated to the satisfaction of the Health Officer or removed to a quarantine station and detained there for such period as is necessary to ensure that such inmates are them- selves free from disease.

subject to

found therein.

(2) All or any such inmates, who enter into a written undertaking according to the form in Schedule A to present Schedule A. themselves daily for examination and who deposit, if required to do so, such sum of money as is fixed by the Health Officer, shall present themselves daily to the Health Officer, or to a medical practitioner approved by the Health Officer, for examination for such period and at such place and time as the Health Officer appoints.

(g) Quarantine Station.

85. Whenever any persons are detained in quarantine Distinguish- at a quarantine station a yellow flag shall be hoisted by dav ing signals at a conspicuous place on the station and by night a red light shown on a over a green light, at a distance one above the other of not more than six or less than four feet.

quarantine station when cccupied.

86. No person, except a Health Officer or persons Trespass on authorised by him, shall enter a quarantine station.

quarantine

premises prohibited.

from

87. No person detained in quarantine at a quarantine Departure station shall leave such station without the permission of a quarantine Health Officer.

station

without permission prohibited.

be

requisitioned

88. Any building or place which is in the opinion of Buildings a Health Officer suitable and required for the purpose of mauisit isolation and treatment of persons suffering from infectious for isolation disease or suspected to be suffering from infectious disease purposes. or who are contacts, and for their detention until they are free from disease, may with the written approval of the Governor be entered upon and occupied, if untenanted, without any notice whatsoever, and, if tenanted, after twenty-

Disposal of infectious

corpses.

Post-mortem examination where infectious disease is suspected.

Penalty for obstruction.

Penalty for dumping infectious

corpses.

Disinfection of bedding, clothing and personal effects of cases and contacts.

Disinfection

of infected or

484

four hours notice in writing conspicuously posted on such building or such place. The owner or person entitled to the occupation of such building or place shall not be entitled to claim anything beyond a reasonable rent for the period during which such building is occupied under the provisions of this section.

(i) Disposal of Infected Dead Bodies.

89.-(1) In the event of the death of any person from infectious disease the friends of the deceased shall be permit- ted to dispose of the corpse by cremation or burial in accordance with their religious customs at the burning ground or burial ground set apart for persons dying from infectious disease or at such other places as a Health Officer may permit and shall obey the directions of the Health Officer in all matters relating to the disinfection or to the time, route and method of removing the corpse to the cremation or burial place.

(2) In the event of failure or refusal of the friends of the deceased to dispose of the corpse the Health Officer shall see to the proper disposal of it.

90.-(1) If a Health Officer has reasonable grounds for suspecting that any death may have been due to infectious disease he may order the removal of the body to a mortuary or other suitable place for the purpose of a post-mortem

examination.

(2) Any person obstructing the removal of the body for such purposes shall be liable to a fine not exceeding one hundred dollars.

91. Any person who deposits or causes to be deposited in any public or private place, other than a grave in which it may be lawfully buried, the corpse of any person who has died while suffering from an infectious disease, shall be guilty of an offence against this Ordinance.

(1) Disinfection and Cleansing.

92. (1) The clothing, bedding and personal effects of all persons detained or segregated or removed to a hospital or other suitable building or place under the provisions of this Ordinance or the regulations made thereunder, which are infected or suspected to be infected, shall be thoroughly disinfected or may be destroyed at the discretion of a Health Officer, and no person shall be entitled as of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

93.-(1)

93. (1) A Health Officer may disinfect or destroy or destruction any rags, clothing, bedding or other articles infected or suspected suspected to be infected and no person shall be entitled as articles. of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

485

94. A Health Officer may require any person liable to Disinfection be quarantined to be disinfected before being released.

of persons prior to release.

of infected

and articles

95.-(1) 95. (1) Whenever it appears to a Health Officer Disinfection that any railway carriage has been infected by a person railway suffering from plague, cholera, smallpox or yellow fever, carriage he may order the carriage to be detained at the nearest station contained for such time as may be necessary for the purpose of therein. disinfecting it, or may order such carriage to be sent to another station at which disinfection may be more expeditiously carried out.

(2) Any clothing, bedding or other articles in the carriage may be disinfected or destroyed at the discretion of the Health Officer and no person shall be entitled as of right to any compensation by way of damages or otherwise for the destruction of any such articles.

(3) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

of vehicles

96. Whenever it appears to a Health Officer that Detention any vehicle has been infected he may detain such vehicle for for dis such time as may be necessary for the purpose of disinfecting infection. it.

vehicles.

97. All such carts and other vehicles as

          other vehicles as a Health Disinfection Officer shall use for the transport of infected persons or of of infected things likely to spread infectious disease shall be thoroughly disinfected by the Health Officer before being returned to their owners.

of houses

98. When any building or place which has been Disinfection entered on and occupied under the provisions of section 91 requisitioned is vacated the Health Officer concerned shall be bound at the for hospitals. cost of Government to cleanse and disinfect the said building or place, and if a building and if he is so required to do, to whitewash it both internally and externally immediately after vacating it.

of dangerous

99. In any case where a Health Officer shall certify Disinfection in writing that it is necessary as a precaution against the or closing introduction of disease in any place that any well should be wells. filled up, cleansed or disinfected, he may by written order require the owner or occupier of the house or land wherein such well is situated to fill up, cleanse or disinfect such well within a reasonable time to be specified in the order, and such owner or occupier shall fill up, cleanse or disinfect such well accordingly.

closure of

100.-(1) If in the opinion of a Health Officer it is Temporary necessary in the interests of the public health that the persons buildings residing in a building or part of a building which is infected after removal shall be removed,

removed, he may direct that such

         direct that such building of case. or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein, and it shall not be lawful for any person to reoccupy such building or part thereof until it has been thoroughly cleansed and disinfected as aforesaid.

Cleansing and

of buildings

as a check

486

(2) Such cleansing and disinfection may, with the approval of such Health Officer, be done in whole or in part by the inmates or by persons engaged by them; and further if in the opinion of such Health Officer it is necessary for the thorough purification and disinfection of such premises to take down any lath and plaster or other hollow partition wall or any partition, screen, panelling, wainscotting, skirting, stair- lining, ceiling, or other similar structure or any fittings or any portion of such wall, structure or fitting, the Health Officer shall forthwith have the same taken down, and, if he considers their removal from the premises or the destruction thereof or both to be necessary in the interests of the public health, he shall forthwith cause the same to be removed from the premises or destroyed or both.

(3) Such destruction shall be carried out with such precautions and in such manner as such Health Officer may deem proper, and compensation for such removal or destruc- tion shall be given by the Governor unless it is proved that the wall, structure or fitting removed or destroyed had been unlawfully erected or maintained.

(4) Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Governor, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these provisions.

(5) The Governor shall decide in each case whether the compensation, if any, is to be paid to the owner or occupier, and payment in accordance with the decision of the Governor shall bar any further claim to compensation by owner or occupier.

Provided that nothing in this section shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

101. If a Health Officer is of opinion that the cleans- disinfection ing or disinfection of a building or part of a building or of any article therein likely to retain infection would tend to the spread to prevent or check the spread of any infectious disease, leprosy or tuberculosis, he may by notice in writing require the owner or occupier to cleanse or disinfect the same in the manner therein specified.

of disease.

Power of Health Officer to

cleanse and disinfect buildings and their contents.

Disinfection

with or without

102. When in the opinion of a Health Officer the owner or occupier is from poverty or otherwise unable effectually to carry out the said requirements, the Health Officer may cleanse or disinfect or cause to be cleansed or disinfected the building or buildings or part of the same and any articles therein at the expense of the Government.

103.-(1) After the removal of any person suffering of premises from an infectious disease from any house a Health Officer shall cause the room which such person occupied, and any other portion of the house which such Health Officer deems to be infected, to be thoroughly disinfected, and the house may be closed for such period as he may direct.

closure

after

removal

of cases.

(2) No person except a Health Officer or

                       or persons authorised by him shall enter such room or house during such period.

-.--...-

487

regard to

104. In the event of the death of any person from Action with infectious disease a Health Officer shall take the necessary infectious action to prevent the spread of infection from the corpse. corpses. The clothing, bedding and all personal effects of the deceased, which are liable, in the opinion of the Health Officer, to carry infection, shall be disinfected or, if the Health Officer so orders, be destroyed by fire, and no person shall be entitled to claim compensation as of right for the destruction of any such article.

disinfection

ment of

105. Notwithstanding anything contained in the fore- Recovery going sections, the Council shall have power by officers of of cost of the Sanitary Department to enter and to cleanse and to and pay- disinfect any premises where any person suffering from plague, compensation cholera or smallpox or any other contagious or infectious dis- for damage. ease, is or has been, or is reasonably suspected to have been, recently located, and the Council may recover the cost of such disinfection and cleansing from the house holder; but compen- sation may be given to such house holder for any bedding, clothing or other articles which have been destroyed during such cleansing or disinfection:

Provided that where the case of infection has been duly reported no charge shall be made for the cost of such cleansing and disinfection, and reasonable compensation for property destroyed or damaged shall in such case be given.

Limitation of liability.

of liability.

106. No matter or thing done by the Council or by Limitation any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council or a Health Officer, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Repeals.

107. In the Merchant Shipping Ordinance, 1899, section 23 and the heading thereto, sub-section (20) of section 39 and Table L of the Schedule are repealed.

Commencement.

Repeal of No. 10

Ordinance

of 1899, s. 23 and heading, s. 39 (20) and Table L.

108. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by proclamation as the ment. date of the commencement of this Ordinance.

Serial No.

(FOR RECORD IN THE HEALTH OFFICE)

Date of undertaking

Undertaker's full name

Undertaker's Address (in full)

Ship's name

7

Serial No.

SCHEDULE A. [ss. 4, 5, 7, 10, 84. Į

Serial No.

Slip No.

488

I,

Undertaking to submit to surveillance.

of

being desirous of proceeding to

(which I hereby declare to be my full and sufficient address), hereby undertake, in consideration of my being exempted from quarantine, (to present myself for examination at the office of the

situated at

daily at

a.m. for days from the date hereof, and to report immediately at the said office any change in my residence) or (to proceed direct to the said premises and to submit myself for examination daily by the examination officer for...days from the date hereof).

I am aware that failure to comply with the terms of this under- taking, will render me liable to arrest, and, upon conviction, to a fine not exceeding $200.00 for every day during which the offence shall continue.

Dated this

day of

Signature of Passenger.

Before me,

Health Officer.

19

(TO BE HANDED TO UNDERTAKER)

Date of undertaking

Undertaker's name

Undertaker's address

Ship's name

Address of the

Period for which examination

is ordered

NOTE:-Breach of this undertaking renders the offender liable to arrest and to a fine not exceeding $200 for every day during which the offence shall

continue.

I

489

To be printed at the back.

INSTRUCTIONS.

1. This undertaking is to be forwarded by the Health Officer to the

Health Officer of the area containing the Undertaker's address.

The slip is to be handed to the undertaker.

2. The Health Officer of such area will every day, as he visits the

undertaker initial the space below.

First day

Second day

Third day

Date.

Initials.

Objects and Reasons.

This is a new Ordinance, drafted in the main by the Director of Medical and Sanitary Services to provide an up to date code for Quarantine and Prevention of Disease among human beings which has been inadequately dealt with hitherto under the Public Health and Buildings Ordinance, 1903, and the Merchant Shipping Ordinance 1899. It is one of a series of Bills which have been drafted to replace the former Ordinance.

January, 1935.

C. G. ALABASTER,

Attorney General.

490

TABLE OF CORRESPONDENCE.

In this table of correspondence.

A. refers to Public Health and Buildings Ordinance 1903.

B. refers to Straits Settlements Quarantine & Prevention of

Disease Ordinance, No. 157.

C. refers to the Federated Malay States Quarantine and

Prevention of Disease Enactment.

D. refers to the International Sanitary Convention 1926.

E. refers to the International Sanitary Convention Aerial

Navigation.

Sections are indicated by plain numbers.

By-laws are indicated by numbers and letter b-as 3b.

Rules are indicated by numbers and letter r-as 3.

Remarks.

Public Health

(Quarantine & Corresponding Prevention of

Disease) Ordinance, 1935.

Ordinance

Section.

PART I.

1

2 (1)

Aerodrome, authorized aerodrome,

aircraft

E. 1

Building

C. 2

Colonial Veterinary Surgeon

A. 6

B. 2r

Contact

D.

Crew

D.

Day

Disease

B. 2

Immigrant

Infected place or port

B 2

B. 2

C. 2

E. 1

Quarantine

Surveillance

Vessel or aircraft when regarded as

infected

2 (2)

E. 24, 29, 35

3

B. 22r

4

C. 1Br

10

5

C. 1Br

6

This corresponds to the foot-note to Article 25 of the 1926 Inter- national Sanitary Convention which was specially drafted to meet the requirements of special cases such as that of Hong Kong.

7

B. 9

491

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Ordinance

Disease) Ordinance, 1935.

Section.

Power to make regulations corresponds

generally to A. 16 with the following exceptions

(b) power of entry

(c) regulating movements

(d) removal of cases

(e) removal of infectious

articles is new

(j) examination of the dead...

PART II.

B. 72; C. 4

A. 16

C. 4 (f)

C. 4 (e)

B. 72 (

F.M.S. Sanit- ary Board

0.4 (m)

9

B. 73; C. 5

10

C 6

11

C. 7

12

C. 9

13

C. 8

14

C. 10

15

New

16

B. 57

Cf. Merchant Shipping Ordinance,

1899, section 39 (20)................

17

18

B. 48

"aircraft" added

1280

19

B. 67

B. 51

Merchant Shipping Ordinance,

1899:-

Quarantine Regulations (Table L),

:

..

No. 3 (2)......

No. 2

No. 3 (1)......

21

222 223

22

23

No. 4

"

23

24

No. 10.........

285

25

26

B. 9r

27

C. 1r

28

B. 69

492

Table of Correspondence,-Continued.

Remarks

Public Health

(Quarantine & Corresponding

Prevention of

Ordinance

Disease)

Section.

Ordinance, 1935.

29

New

30

New

31

B. 50 (2)

32

B. 54

33

B. 50 (3)

34

B. 53

35

B. 7r

From Hong Kong Police Regulations.

36

C. 18'

37

C. 18r

38

New

Merchant Shipping Ordinance,

1899:-

Quarantine Regulations (Table L),

No. 8.........

39

40

B. 40r

Quarantine Regulations) (Table L),

No. 14..

41

42

B. 38r

Quarantine Regulations (Table L),

No. 12..

43

Quarantine Regulations (Table L),

No. 7 (2)....

44

Quarantine Regulations (Table L),

No. 7 (3).........

45

Quarantine Regulations (Table L),

No. 16.......

46

47

D. 25

48

D. 25

49.

D. 26

50

D. 27

51

D. 27

52

D. 28

D. 30

54

D. 31

55

D. 32

56

D. 33

57

D. 29

493

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Ordinance

Disease) Ordinance, 1935.

Section.

59

888

58

D. 42

New

60

D. 41

61

D. 36

62

D. 37

328

63

D. 35

64

New

65

B. 64

From Hong Kong Quarantine Regu- lations (Table L), No. 13 (modi- fied).

66

PART III.

r

P. H. & B. O. Notification by-laws...

"

""

""

the A

"

""

""

""

P. H. & B. O. Common Lodging

house by-laws

8888

67

A. 4b

68

A. 3b

82

69

A. 1b

70

A. 2b

71

A. 5b

122

72

73

2 2 2

74

75

76

888

A. 16b

New

New

C. 40r

B. 15 (a) (b) C. 33r

B. 15 (c) (d)

B. 15 (e)

77

78

79

C. 35 (1)

80

C. 34'

81

B. 7

82

B. 6

A. 87

P. H. & B. O. Disinfection by-laws...

83

A. 3b

84

B. 8

888

86

85

C. 22

C. 23r

494

-

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Disease) Ordinance, 1935.

Ordinance

Section.

88888

87

C. 24'

C. 32r

89

88888

C. 42r

90

B. 11

91

B. 16

92

28

C. 38r

93

C. 39r

94

New

15

95

B. 69 (4)

96

97

85 8886

C. 35 (ii)

C. 34

98

C. 32r

99

C. 47 (ii)

Disinfection by-law

100

A. 3b

101

B. 13 (1)

102

B. 13 (3)

"C. 36 (1)

103

C. 37

104

C. 42

105

A. 89

106

A. 269

Repeals

107

Commencement

108

495

Notes on new draft of the Public Health (Quarantine and Prevention of Disease) Bill.

This Bill comprises, with some alterations and excisions, sections 1 to 111, 181 and 182 of the former Quarantine Bill, the remaining sections of which (with section 182 repeated) have been transferred to the new Animals and Birds Bill.

Section of former

draft.

Section of present Bill.

Remarks.

2

2

9

20

23

333

8

8 (3)

19

22 23

22

32

35

37

35

s.s. (1) "Dairy"-milk shop omitted and

made subject of separate definition.

"C.V.S." omitted as not mentioned in this

Bill.

Definitions of delouse, deratise, and dis-

insectise added.

"Health Officer" extended to include Port

Health Officer.

s.s. (2) clarified in several places.

s.s. (4) added for clarity.

s.s. (2) (g) deleted as overlapping with former s. 9 (1) (h). 2 (1) also deleted, this provision being covered by (3) (h).

s.s. (2) (n) (o) (p) and (q) omitted-trans-

ferred to new Animals and Birds Bill.

Old s. 9 thus made part of new s. 8- -as- directed-all quarantine matters hav- ing thus to be dealt with by regulations. of the Governor in Council instead of partly by regulations and partly by by-laws.

s.s. 3-similar opening clause to that of

8 (1) inserted. (h) amplified. (1) G. in C. for U.C.

Old s. 9 s.s. (2) omitted since no by-laws are to be inade under this Ordinance.

(All references elsewhere to by-laws have

been deleted for same reason).

"or air" added after "sea" in s.s. (1).

Redrafted in the light of the latest quaran-

tine signal regulations-see s. 35.

"Supercargo" omitted in each s.s. with

approval of D.M.S.S.

Omitted as surplusage.

Redrafted to conform with latest regula- tions governing quarantine signals.

Redrafted with approval of D.M.S.S.

46

44

53

333333

51

(iii) redrafted at beginning and end.

496

Notes on new draft of the Public Health (Quarantine and Prevention of Disease) Bill,-Continued.

Section of Section of

former

draft.

present

Bill.

55

53

Remarks.

(vii) and (viii) and (ix) redrafted with

approval of D.M.S.S.

སྤྲསྐྱ

59 (2)

57 (2)

Redrafted with aid of D.M.S.S.

57

59

62-68

60-66

71-73

69-71

77

75

81

79

64-85

82

92-3

105

111

105

106

Proviso added at end to make clear that these provisions are complementary to those of the Vaccination Ordinance, 1923.

Each slightly amended as agreed by

D.M.S.S.

do.

In paragraph 2 of section 69 Government Officers have been excluded and other medical practitioners will be required to claim the fee within one month of notification.

New s.s. (4) added at desire of D.M.S.S.

(cf. s. 14 of Sanitation Bill).

Last 2 lines omitted as over-lapping with

old s. 101 (new 96).

Redrafted to combine provisions of two old

sections.

Health Officer empowered to order patient's removal to hospital, but on patient's refusal must get P.M's. order. See para. 53 of Smith Committee's Report and H.E's. directions thereon in last para. of 90III

Omitted with D.M.S.S's. approval-pro- visions covered in Dairies by-laws (Sanitation Bill).

Omitted as almost identical with old 109.

"Notwithstanding anything contained in the foregoing sections" added at beginning to prevent overlapping.

Inserted as in other Bills.

Notes. (1) The extension of the definition of Health Officer in s. 2 to include Port Health Officer has enabled the deletion of "Port" before "Health Officer" wherever "Port" previously appeared, and the omission from the Bill (except in s. 2) of the term "Port Health Officer".

(2) I do not much like the inclusion of (new) s. 105 as, even with the addition of the new first line, it seems hardly to be reconciled with earlier provisions, i.e. s. 84 (1) (a), 92, 93, and 100-103.

(3) Very many minor amendments of wording and punctuation have been made throughout.

497

[No. 30:--18.1.35.-10.]

A BILL

INTITULED

An Ordinance to consolidate and amend the law relating to Quarantine and the Prevention of Disease among animals and birds.

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

1. This Ordinance may be cited as the Public Health Short title. (Animals and Birds) Ordinance, 1935.

2.-(1) In this Ordinance unless the context otherwise Interpreta- requires :-

(a) 'Animals' means cattle, sheep, goats and all other ruminating animals, and swine and equines.

(b) 'Authorised landing place' means any place declared by this Ordinance or any by-law made thereunder to be an authorised landing place and any other place declared by the Council and notified in the Gazette to be a landing place.

(c) 'Birds' means poultry and all other birds which are ordinarily kept in a state of captivity.

(d) 'Carcase' means the carcase of an animal or bird, and includes part of a carcase and the meat, bones, hide, skin, hoofs, horns, offal or other part of an animal or bird, separately or otherwise, or any portion thereof.

(e) 'Cattle' includes bulls, cows, oxen, heifers, calves and buffaloes.

(f) 'Council' means the Urban Council unless some other Council is indicated.

(g) 'Disease' includes cattle plague or rinderpest, septicaemia haemorrhagica, pleuro-pneumonia contagiosa of cattle, foot and mouth disease, sheep-pox, sheep scab, swine fever, anthrax, glanders (including farcy), parasitic mange, epizootic lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange, influenza, ringworm, strangles, anaplasmosis, fowl cholera, fowl pox, rabies and any other disease declared by the Council and notified in the Gazette as included in the term disease for the purposes of this Ordinance or any by-law made thereunder.

(h) 'Equines' includes horses, asses, mules and all other equine animals.

(i) 'Fodder' means grass or other substance commonly used for the food of animals.

() 'Litter' means straw or other substance commonly used for bedding or otherwise for or about animals.

(k) 'Poultry' includes domestic fowls, turkeys, ducks, pigeons and geese.

(1) 'Segregation place' means any place appointed by the Council to be a place where animals or birds may be confined and isolated in order to prevent or mitigate disease or the spread of disease, and includes the Government depots.

tion.

Power to makǝ by-laws.

498

(m) 'Special permit' means a written permission granted by and in the discretion of the Colonial Veterinary Surgeon.

(2) Other words and expressions used in this Ordinance shall bear the same meanings as they have in the Public Health (Quarantine and Prevention of Disease) Ordinance. 1934.

3. For the purpose of mitigating or preventing as far as may be possible epidemic, endemic, infectious or contagious disease among animals and birds the Council shall have power to make by-laws with regard to the following matters:

(1) (a) The inspection, testing for disease, inoculation, detention, segregation, housing, slaughtering, transhipment, exportation, possession and control of animals and birds;

(b) the disposal of the dead bodies of animals and birds;

(c) the construction, regulation, licensing, disinfection and inspection of all places, vessels and vehicles in which animals or birds are or have been kept or carried;

(d) the fees to be paid for licences, housing, inspection, testing, inoculation and disinfection;

(e) the forfeiture without compensation of animals, birds and things dealt with in contravention of any provision of this Ordinance or of any by-law made thereunder, and

(f) the duties and obligations of persons having animals or birds in their possession or under their charge.

(2) The prohibition or regulation of the import or export of cattle into or out of the Colony or any part thereof.

(3) The isolation of cases of disease in animals and birds and the regulation thereof.

(4) The appointment, establishment and maintenance of places for the observation or examination of cattle either on arrival or prior to export.

(5) The control and supervision by registration, licensing or otherwise of depots, stables, pens, cattle-sheds and places for keeping animals and birds.

(6) Provision for the regular inspection of all places where animals and birds are kept.

(7) The slaughtering or isolating or keeping under observation of any animal or bird that may appear to be or may be reasonably suspected of being or of having been in contact or in the same herd or flock with animals or birds affected with disease, and the disposal of the carcase thereof.

(8) Declaring any place or area to be infected with dis- ease, and prohibiting or regulating the movements of animals, birds or persons into, within or out of any such infected place. or area, and the removal of carcases, fodder, litter, utensils, hurdles, pens, dung or other things into, within or out of such infected place or area.

(9) Prescribing the mode of cleansing and disinfecting of any place which has been occupied by any animal or bird suffering from epidemic, endemic, contagious or infectious disease.

499

of by-laws to

4. All by-laws made by the Urban Council shall be Submission submitted to the Governor and shall be subject to the approval Governor for of the Legislative Council.

approval of Legislative Council.

The Prevention of the Introduction of Infectious Disease.

5. (1) Except under and by virtue of a special permit Restrictions no person shall bring any animal into the Colony.

(2) No person shall knowingly bring into the Colony any animal or bird suffering from disease.

(3) When information is received that any disease exists amongst any animals or birds at any place without the Colony, the Governor may issue an order prohibiting, either absolutely or conditionally, the importation either by land or by sea or the transhipment in the Colony of any animals or birds from any such place.

(4) Every order issued under this section shall be published in the Gazette at the earliest opportunity but shail come into operation immediately upon the making of the order.

on import of animals and birds.

to be

6. (1) The master of any ship on board which Animals on there is any animal, whether such animal is intended to be board ship landed in the Colony or not, shall forthwith on arrival of the reported by ship in the waters of the Colony notify the boarding officer master to who shall without delay inform the Colonial Veterinary Officer. Surgeon.

(2) The Colonial Veterinary Surgeon may visit such ship and examine such animal.

Boarding

transit

7. Except under the authority of a permit granted by Landing of the Colonial Veterinary Surgeon, and except in accordance animals in with the terms of such permit, no animal which is brought into prohibited the waters of the Colony on board any vessel, and which is except under not destined for the Colony, shall be removed from such vessel in the waters of the Colony.

permit.

8. While any vessel which has on board any animals Dung and or birds not destined for the Colony remains in the waters of litter to be

properly the Colony, all dung of the animals, and all scrapings, litter and dealt with. sweepings removed from the vicinity of the animals or birds, shall at intervals not exceeding twenty-four hours be dealt with and disposed of as the Colonial Veterinary Surgeon may direct.

9. Carcases of animals or birds which have died or been No landing slaughtered on board a vessel while in the waters of the Colony of carcases or during a voyage shall not be landed in the Colony without a special special permit.

permit.

10. The guard of any train which brings any animal Animals into the Colony shall on arrival of the train report the arrival of such animal to the station master who shall without delay inform the Colonial Veterinary Surgeon.

entering the Colony by train to be reported by guard,

11. Except in accordance with a special permit, no Landing of animal shall be landed from any vessel between 6 p.m. and animals 6 a.m.

prohibited between

6 p.m. and 6 a.m.

Animal to be

landed at authorised

landing

places.

Permittee responsible.

Authorised

landing places.

Colonial

Veterinary Surgeon

may cause destruction of diseased

animal or bird.

500

12. Except in accordance with a special permit, no animal shall be landed from any vessel at any place other than an authorised landing place.

Special Permits.

13. The permittee named in a special permit shall ensure that the terms of the special permit are strictly complied with.

14. The following shall be authorised landing places: (a) Kennedy Town Cattle Wharf.

(b) Ma Tau Kok Government Wharf.

(c) Such other landing places as are designated by the Governor in Council.

15. If any animal or bird brought into the Colony by sea or by land is found to be suffering from disease the Colonial Veterinary Surgeon may, if necessary, cause the same to be destroyed at once and its carcase disposed of in such a manner as may be best calculated to prevent the spread of infection.

Segregation.

Animals

     16. Subject to the terms of any special permit, every imported to be housed at animal landed shall forthwith be taken or driven to the Government Government Depot at Kennedy Town or Ma Tau Kok as the depot.

case may be, and every animal which is brought into the Colony by land shall forthwith be taken or driven to the Government Depot at Yaumati Railway Station by the most direct route. Every such animal, unless intended for immediate slaughter and slaughtered accordingly, shall be detained in segregation in such depot, at the risk and expense of the owner, for such period as may be decided by the Colonial Veterinary Surgeon.

Animals landed under

special permit.

Provision regarding dung and litter.

Detention of animal or bird by Colonial

Veterinary Surgeon.

17. Animals landed, or brought into the Colony by land, under special permit shall be:---

(a) landed only at the time and place stated in the permit, and

(b) taken or driven forthwith to the segregation place. stated in the permit by the route stated in the permit, and

(c) maintained at such segregation place at the risk and expense of the owner for the period stated in the permit.

18. The dung of animals landed or intended to be landed, and partly consumed or broken fodder that has been supplied to such animals, and the litter, fittings, pens, hurdles, utensils and things of any kind whatever used for or about such animals, shall not be landed in the Colony or cast into the waters of the Colony except under and in accordance with a special permit.

19. Any animal or bird which has been conveyed in the same vessel or train, or has otherwise been in contact, with any diseased animal or bird, or which, in the opinion of the Colonial Veterinary Surgeon, may be likely to spread infection, may be detained by the Colonial Veterinary Surgeon in quaran- tine for such period as he may, in the circumstances of the case, think proper.

501

malleined

20.--(1) All equines shall be malleined under the super- Equines vision of the Colonial Veterinary Surgeon within ten days of to be arrival in the Colony and shall be re-tested not less than thirty or more than forty five days after such malleining, unless a mallein certificate is produced to the Colonial Veterinary Sur- geon and he is satisfied therewith, in which case a re-test shall be carried out not less than thirty or more than forty five days after the date of the original test as stated in such certificate: Provided that, in the case of equines which are declared on arrival to be intended for export within one month, the Colonial Veterinary Surgeon may, in his discretion and subject to such conditions as he may think desirable, dispense with malleining for that period.

(2) The Council may order the re-export of any equine in respect of which the provisions of sub-section (1) have not been complied with.

necessary

release

21. The following may be required before the Colonial Information Veterinary Surgeon shall release animals from segregation before

(a) A certificate to the satisfaction of the Colonial from Veterinary Surgeon, signed by a duly qualified veterinary quarantine. surgeon recognised by the local authority of the country of origin the animals, in such of the forms set out in the Sche- Schedule, dule as may be appropriate, or giving the like particulars.

(b) A certificate to the satisfaction of the Colonial Veterinary Surgeon, signed by the master of the vessel or person in charge of the animals, stating that no case of disease has occurred during the voyage, and giving the following

information :-

(1) Nature of the animals embarked.

(2) Port of embarkation.

(3) Number and causes of deaths.

(4) Nature and number of the animals to be landed.

Provided that, when in the opinion of the Colonial Veterinary Surgeon any such certificate could not have been, or could not be, obtained with reasonable ease, he may dispense with such certificate.

22. In the event of disease appearing among animals Power of or birds in segregation, the Council shall have power to order Council with

regard to immediate slaughter of the animals or birds or any of them, animals in or to prolong the period of segregation.

segregation.

Surgeon

23. The Colonial Veterinary Surgeon in every instance Colonial shall report promptly to the Secretary of the Council, from Veterinary time to time, all ascertainable material particulars concerning to report. animals or birds placed in segregation and the orders given by him with regard thereto.

24. Notwithstanding any other provision of this Ordin- Power of ance, owners of animals in segregation may at any time owner to cause their animals to be slaughtered in a lawful manner.

cause animal to be

slaughtered.

permitted

25. For the purpose of slaughter the officer in charge Transfer of a Government depot may permit transfer of animals from for slaughter. one Government depot to another.

Owners to

502

26. Owners of animals or birds in segregation shall on pay charges. demand pay such daily charge for the keep of such animals or birds, until the same shall be either released from segrega- tion or destroyed, as the Colonial Veterinary Surgeon may direct, and in the absence of any such direction the charge per head shall be ten cents for each day or part of a day.

Restrictions against removal of animals, birds or

things from segregation place.

Disposal of infected

carcases.

Movements of animals and birds

with regard to infected

areas.

Duty of

person in charge to know the state of

health of animal or bird.

Duty of person in

charge of animal or bird to notify

existence of disease.

On receipt of notification of disease European Officer to make enquiries.

Interim declaration of infected

area.

27. Except as provided in section 28 no animals, birds, carcases, dung, litter, fodder, utensils or things of any kind whatever shall be removed from a segregation place without a special permit.

28. The carcases of animals or birds dying or slaughter- ed on account of disease, and all dung, litter, broken fodder and things of any kind whatever, which in the opinion of the Colonial Veterinary Surgeon may spread disease, shall be disposed of as he may direct.

Disease among Animals and Birds in the Colony.

29. Whenever it appears to the Governor, after such enquiry as he may consider necessary, that any disease exists among animals or birds in the Colony or in any part of the Colony, he may issue an order to regulate the movements of any animals and birds within such areas as he may define in such order, and to prohibit any animal or bird being taken into or removed from such area. Every such area shall be deemed an infected place.

30. Every person having any animal or bird in his possession or under his charge shall observe and make himself acquainted with the state of health of such animal or bird

31. Every person having in his possession or under his charge any animal or bird affected with or suspected of being affected with disease shall:-

(a) as far as practicable keep that animal or bird separate from animals or birds not so affected, and

(b) with all practicable speed notify the fact of the animal or bird being so affected or suspected to a European police officer of the police area wherein such animal or bird is, or to a sanitary inspector.

32. On receipt of a notification from an owner or person in charge of an animal or bird, or on having reasonable grounds to suspect the existence of disease in any place, a European police officer or sanitary inspector shall proceed with all practicable speed to such place in order to ascertain all available particulars as to the animal or bird, and the owner or person in charge of the animal or bird or place shall give to such European police officer or sanitary inspector all reasonable information and facilities for inspection.

33. It shall be lawful for a European police officer or sanitary inspector who has proceeded to any place in accordance with section 32, notwithstanding inability to obtain particulars, to serve an interim notice in writing, signed by him, declaring such place to be an infected place pending investigation by the Colonial Veterinary Surgeon, and

503

also to leave a police officer or sanitary inspector in the place pending the arrival of the Colonial Veterinary Surgeon.

notice shall

34. An interim notice shall set out the requirements of Interim sections 39, 40 and 41 and shall, so far as may reasonably be define re- necessary, define the premises affected thereby. Such notice, quirements. until withdrawn, shall have force and effect as if given cr confirmed by the Council.

interim

35. Service of an interim notice shall be effected by Service of delivery thereof to the owner or occupier of the place or to notice. a person in charge of the animal or bird, or by posting the same on some part of the place.

with respect

36. A European police officer or sanitary inspector Particulars serving an interim notice shall report, with all practicable to interim speed, to the Secretary of the Council and also, in writing, notice to be to the Colonial Veterinary Surgeon the particulars obtained reported. and steps taken by him.

Veterinary

declared

37. The Colonial Veterinary Surgeon shall visit Colonial promptly the place to which any interim notice relates, and Surgeon to if, in his opinion, disease exists or within fifty-six days has visit place existed at such place, he shall with all practicable speed infected by report all ascertainable particulars to the Secretary of the interim Council, but, if satisfied that disease does not so exist or has not so existed, he shall withdraw the interim notice.

notice.

may

38. The Council may declare any place where animals Council or birds are or have been to be an infected place, and thereupon declare place notice in that behalf signed by the Secretary of the Council shall infected. be served in the manner prescribed in section 35. A place declared to be an infected place shall so continue until the Council shall declare the same to be free from infection.

Removal of

39. No animal or bird, and no carcase, fodder, litter, dung, utensil. milk or other thing, shall be moved out of an etc., from infected place without a special permit.

infected place prohibited.

to infected

40. No person, except the Colonial Veterinary Surgeon Admission and persons acting under his direction, police officers and place sanitary inspectors on duty and the attendants of the animals prohibited. or birds shall enter an infected place without a special permit. No attendant shall leave an infected place without a special permit.

grant

inspection

41. The owner or occupier and the person in charge Owner or of an infected place shall give all reasonable facilities for occupier to inspection and for the cleansing and disinfection of the facilities for place and of any pens, hurdles, utensils or other things used and for or about the animals or birds in such place, and shall ensure disinfection. that the requirements of or consequent on any notice, affecting such place and given under this Ordinance or by-laws made thereunder, are observed.

42. The Council may order the removal of any animal or bird from an infected place to any segregation place appointed by the Council.

Removal of birds by

animals or

order of the Council.

Power of Council

504

43. If in the opinion of the Colonial Veterinary Surgeon any animal or bird is suffering from or has been in contact slaughter of with an animal or bird suffering from infectious or contagious

to cause

cases or

contacts.

Burial or exhumation

of carcases prohibited except under supervision.

Interpreta- tion.

Animals for

slaughter to

Government depots.

disease, the Council may cause such animal or bird to be slaughtered and the carcase thereof to be disposed of in such manner as the Council may think fit.

44. No carcase of an animal or bird shall be buried, or, after burial, be dug up, except under the supervision of the Colonial Veterinary Surgeon or of a sanitary inspector acting under his instructions.

Depots for Cattle, Swine, Sheep and Goats.

General.

45. In the following sections:-

(a) "Depot' means one of the depots specified in section 16 or any other depot for animals provided by the Government.

(b) "Officer in charge" means the person appointed by the Council to superintend and have the charge of any or all of such depots or of part of any such depot.

46. All cattle, swine, sheep and goats brought into the be housed in Colony for the purpose of being slaughtered shall be kept in a depot: Provided that no such animal shall be permitted to remain in any depot for a longer period than twenty-one days: Provided also that any such animal which is condemned by the Colonial Veterinary Surgeon as unfit to be slaughtered for human food may, with the consent of the Colonial Veterinary Surgeon, be removed by the owner.

Fees for use of depot.

Removal of

animals

without

permit

prohibited.

Owners of animals to

47. The fee for each head of cattle housed in a depot shall be fifty cents payable when the cattle so housed are removed to any place other than an adjoining slaughter-house or another depot and the fee payable for each pig, sheep and goat similarly housed and removed shall be ten cents. No fee is payable on admission.

48. No cattle, swine, sheep and goats shall be removed from a depot for any purpose except on a removal order signed by the officer in charge. Such order shall be granted on the production and deposit of the receipt given on the admission of the animals and in favour of the person therein named or of any other person on his order.

49. The Council shall provide water only for the use of provide food, the cattle, swine, sheep, and goats housed in the depots. The owners of such animals shall provide proper and sufficient food and shall send men in sufficient numbers to look after, feed and water such animals, but no other unauthorised person may be or remain on the premises during such hours as the depots are closed to the public.

Government

and Council

       50. Neither the Government nor the Council shall be not to accept responsible for the safe custody of any cattle, swine, sheep or responsibility. goats housed in a depot.

Drenching

of animals prohibited.

51. The drenching of any animal with any substance whatever, or the administration of salt in any form, in a depot, except with the permission of the Colonial Veterinary Surgeon or of the officer in charge, is prohibited.

505

Maintenance of Order in Depots.

52. No person, not being an officer or servant of the Admission Council, shall enter or remain in any depot except for to depot the purpose of securing or of supplying food or water to unauthorised any animal therein.

prohibited to

persons.

53. No person shall in any depot use any indecent Bad or obscene language, or enter or remain therein in a state language and of intoxication.

drunkenness forbidden.

54. No person shall bring into a depot any malt or Liquor spirituous liquor or any drug of any nature whatsoever. prohibited.

to be in

55. Every person who may desire to use a depot Application for the purpose of accommodating any animal shall make to use depot application in writing to the officer in charge, and permission writing. to use the depots shall be given to the several persons so applying in the order in which such applications are received.

56. Every person using any depot shall obey all Orders to be reasonable orders given to him by the officer in charge, and obeyed. shall conduct himself in a quiet and orderly manner therein.

57. No person shall obstruct or hinder any other Obstruction person in the proper use of a depot.

prohibited.

conduct

58. No person shall, by any disorderly or improper Disorderly conduct, disturb or interrupt any other person in the proper forbidden. use of a depot.

Colonial

59. The depots shall, for the purpose of the admission Hours of animals, be open at such hours as may be fixed by the to be fixed by Colonial Veterinary Surgeon with the approval of the Council, Veterinary and, except as provided by sections 49 and 52, no person Surgeon. shall attempt to gain access to, or shall remain in, a depot at any other hour.

given.

60. Whenever in the opinion of the Chairman of the Notice of Council it is expedient for its maintenance or preserva- closing to be tion to close any part of any depot, he shall cause a notice in that behalf to be posted in some conspicuous part of such depot specifying the part that is closed, and no unauthorised person shall thereafter use or enter such part until a further notice has been published and posted as aforesaid notifying the reopening of such part.

inspected

61. Every person desiring to bring an animal into a Animals depot shall apply to the officer in charge to inspect and pass to be such animal, and no person shall bring or cause to be brought prior to or attempt to bring into a depot any animal which has not admission. been duly inspected and passed by the officer in charge.

secured.

62. Every person who brings or causes to be brought into Beasts to be a depot any beast shall cause such beast to be securely tied to properly the tying irons in a byre assigned for the purpose; and every person who brings or causes to be brought into a depot any sheep, lamb or goat shall cause such sheep, lamb or goat to be properly penned in a lair assigned for the purpose; and every person who brings or causes to be brought into a depot any pig shall cause such pig to be properly secured in a piggery assigned for the purpose.

63. If any difference or dispute shall arise between Procedure in any persons using a depot regarding any question of priority case of or right to use any part of the depot, such difference or

dispute.

Obstruction

by carts or vehicles prohibited.

Penalty for offences.

Compensation

for animals

506

dispute shall be referred to the officer in charge, and the decision of the officer in charge shall be final and shall be obeyed by such persons.

64. No person resorting to a depot, who is in charge of any cart or other vehicle, shall station such cart or other vehicle in the depot or in any private road giving access thereto in such a manner as to hinder any animals or any other cart or vehicle in arriving at or departing from the depot, or wilfully or improperly station such cart or vehicle so as to occupy a position in which the person in charge of any other cart or vehicle would, by priority of arrival, have prior claim to place such last-mentioned cart or vehicle.

65. Every person who offends against any of the provisions contained in this Ordinance or in any by-law made thereunder shall be liable to a fine not exceeding fifty dollars.

Compensation for animals slaughtered by order of the

Urban Council.

66. (1) Subject to the provisions of sub-sections (2), slaughtered (3) and (4), the Governor in Council shall direct the following compensation to be paid out of the public revenue for any animal slaughtered by order of the Urban Council under the provisions of this Ordinance :-

by order of the Urban Council.

(a) where the animal slaughtered was affected with rinderpest or swine fever, the compensation shall be one- half of its full value immediately before it became so affected; (b) where the animal slaughtered was affected with pleuro-pneumonia, the compensation shall be three-fourths of its full value immediately before it became so affected;

(c) where the animal slaughtered was affected with foot and mouth disease, the compensation shall be its full value immediately before it became so affected;

(d) where the animal slaughtered was affected with any other kind of infectious disease among animals, the compensa- tion shall be such proportion of its full value immediately before it became so affected as the Governor in Council may decide after taking the advice of the Urban Council;

(e) where the animal slaughtered was not affected with any kind of infectious disease among animals, the compensa- tion shall be its full value immediately before it slaughtered.

(2) The value of an animal for the purposes of this. section shall be determined by the Governor in Council.

(3) The maximum compensation shall be forty dollars in the case of a pig, and four hundred dollars in the case of any other animal.

(4) In the case of the slaughter of a bird, the maximum compensation payable shall be ten dollars.

(5) Notwithstanding anything in this Ordinance, the Governor in Council may, if he thinks fit, withhold, either wholly or partially,

partially, compensation for any animal or bird slaughtered by order of the Urban Council where, in the opinion of the Governor in Council, the owner of the animal

5.07

or bird or the person having charge thereof has been guilty in relation to the animal or bird of an offence against this Ordinance or any by-law made thereunder or against any other Ordinance regulating the importation of animals or birds into the Colony or the control of animals or birds within the Colony.

(6) Unless otherwise ordered by the Governor in Council, no compensation shall be paid for any animal or bird which in the opinion of the Urban Council shows symptoms of disease before it has been in the Colony for the period of incubation of the disease in question.

(7) It shall be lawful for the Governor in Council to define by order, for the purposes of subsection (6), the periods of incubation of any diseases.

observation

67. The Council may, notwithstanding anything in this Retention for Ordinance, retain and reserve for observation or treatment any by order animal or bird liable to be slaughtered under this Ordinance, of the but in every such case compensation shall be payable as in the case of actual slaughter.

Council.

animals for

68. The Colonial Veterinary Surgeon, or any person Seizure of acting under his direction, may seize any animal, bird or contravention thing dealt with in contravention of this Ordinance, and the of by-laws. Council may order the forfeiture of such animal, bird or thing, and the same shall thereupon be destroyed, sold or otherwise disposed of as the Council may direct.

case of

69. No compensation shall be paid in respect of any No com- animal, bird or thing forfeited under this Ordinance, and such pensation in forfeiture shall not prejudice or avoid any prosecution for forfeiture, breach of this Ordinance.

Prevention of Suffering.

of suffering.

70. No person shall bring into the Colony, or drive, Prevention carry, transport or remove, or have or keep, or knowingly suffer to be had or kept, under his control or on his premises, any animal or other creature in any way which may cause it needless or avoidable suffering.

Limitation of Liability.

member of

71. No matter or thing done by the Council or by any Limitation of member or officer of the Council or by any person whatsoever liability of acting under the direction of the Council shall, if it was done Council, etc. bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein con- tained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Commencement.

72. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by proclamation as the ment. date of the commencement of this Ordinance.

508

SCHEDULE.

FORMS.

Importation of animals, Hong Kong.

[s. 21.]

A. Form of veterinary certificate to accompany bovine animals brought to Hong Kong from abroad.

I, the undersigned. (here insert official capacity, if any) hereby certify that I have this day examined the animal(s) described below and have found that the said animal(s) did not show symptoms of rinderpest, septicaemia haemorrhagica, pleuro-pneumonia contagiosa, foot and mouth disease, or other infectious or contagious disease.

DESCRIPTION OF ANIMAL(S).

Breed

Colour

Age

Sex

Signature of veterinary surgeon

Professional qualification

Dated this

day of

19......

B. Form of veterinary certificate required to accompany equines brought to Hong Kong from abroad.

I, the undersigned, (here insert official capacity, if any)

hereby certify:-

(1) that I have this day examined the animal(s) described below and have found that the animal(s) did not show symptoms of glanders (including farcy), epizootic lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange, influenza, ringworm or strangles, and

(2) that I tested (each of) the animal(s) described below with mallein on the date(s) mentioned, that is, within ten days before the date of intended shipment of the animal(s) to Hong Kong, and that the animal(s) did not react.

Description of animals

Date

Result of test

of mallein test

Breed Age

Sex

Signature of veterinary surgeon

Professional qualification

Dated this

day of

19... ..

509

Objects and Reasons.

This is a new Ordinance drafted in the main by the Director of Medical and Sanitary Services to provide an up to date code for the control and prevention of disease among animals and birds, for which local legislation has hitherto made no adequate provision. It is one of the series of bills that have been drafted to deal with public health.

January, 1935.

C. G. ALABASTER,

Attorney General.

TABLE OF CORRESPONDENCE.

In this table

A refers to Public Health and Buildings Ordinance, 1903.

B refers to Straits Settlements Quarantine and Prevention of

Disease Ordinance.

C refers to Federated Malay States Quarantine and Prevention

of Disease Ordinance.

Sections are indicated by plain numbers.

By-laws are indicated by numbers and letter b-

-as 3b.

Rules are indicated by numbers and letter r-as 3r.

Remarks.

Public Health (Animals and

Birds) Ordin-

ance, 1935.

Corresponding Enactment.

Short title

1

Definitions

2

A 1b (Import &

landing of animals) & B 2.

Power to make by-laws

Cf. also F.M.S. Sanitary Board

Enactment, s. 4 (c) (2). ...

3

A 16.

By-laws subject to approval of

Governor and Legislative Council.

4

(1) is new

LO

5

S.S. rule.

6

A 10b (Import &

landing of animals) & C 55r

B 45r

510

Table of Correspondence,-Continued.

Public Health

(Animals and Corresponding

Remarks.

Birds) Ordin-

ance, 1935.

Enactment.

P.H.B.O. by-laws, Import, etc., of

animals

7

A. 21b

8

A. 22b

""

9

A. 23b

19

""

S.S. rule

10

B. 46TM

P.H.B.O. by-laws, Import, etc., of

animals

11

A. 2b

12

A. 3b

"

13

A. 24b

""

14

A. 4b

""

S.S. rule

15

B. 49r

P.H.B.O. by-laws, Import, etc., of

animals

16

A. 5b

17

A. 6b

""

18

A. 7b

17

""

S.S. rule

19

B. 50r

P.H.B.O. by-laws, Import, etc., of

animals

20

A. 11b

(amended).

21

A. 12b

""

222

A. 14b

23

A. 15b

"

24

A. 16b

25

1

A. 17b

26

1

A. 18b

:

27

99

A. 19b

28

A. 20b

S.S. rule

P.H.B.O. by-laws, Import, etc., of

animals

20

B. 42 (1)r

30

A. 25b

31

A. 26b

32

12

A. 27b

33

99

A. 28b

34

A. 29b

35

+

"1

A. 30b

:

339

36

A. 31b

37

A. 32b

,,

38

"

17

A. 33b

:

""

39

A. 34b

511

Table of Correspondence,-Continued.

Public Health

Remarks.

(Animals and

Birds) Ordin-

Corresponding Enactment.

ance, 1935.

P.H.B.O. by-laws, Import, etc., of

animals

40

A. 35b

41

A. 36b

77

42

12

"

A. 37b

"

43

A. 38b

44

A. 39b

11

P.H.B.O. by-laws for Depots for

animals

45

A.b

(interpretation)

46

A. 56

P.H.B.O. by-laws for Depots for

animals

47

A. 1b

48

A. 2b

""

49

A. 3b

99

"}

19

50

"}

"

,,

""

A. 4b

51

""

19

"

A. 5b

P.H.B.O. -Maintenance of order in

animal depots

52

A. 1b

53

""

21

"

A. 26

54

"

A. 3b

55

19

"

A. 4b

56

A. 5b

29

"

57

57

A. 6b

58

"

:

A. 7b

59

A. 8b

11

"

60

A. 9b

61

A. 10b

""

62

A. 11b.

""

63

A. 12b.

""

64

A. 13b

"}

""

""

65

A. 14b

91

""

66

A. 54

67

A. 55

P.H.B.O. by-laws, Import, etc.,

of animals

889

68

A. 8b

69

A. 9b

9

"

19

70

A. 53

Limitation of liability of member of

Council, etc.

71

A. 269

Commencement

P.H.B.O. by-laws, Import, etc.,

of animals

122

72

Schedule.

A.b

(Appendix).

512

Notes on new Public Health (Animals and

Birds) Bill.

The provisions of this Bill are substantially those of sections 112 to 180 and 182 of the original Public Health (Quarantine and Pre- vention of Disease) Bill.

Section of Section of

Former

Draft.

Present

Bill.

112

2

113

3

Interpretation.

Remarks.

s.s. (1) Definitions of "birds'

'Council"

and "poultry" added. "Carcase"- "or bird" added.

"Disease" amplified. "Segregation place"

-"birds" for poultry.'

s.s. (2) added.

"Birds" for "poultry" in opening clause.

s.s. (1) (a), (d) and (e) redrafted. "and birds" added in (a), (b), (c), (e) and (f)-also in new s.s. (3), (5), (6), (7), (8) and (9).

s.s. (2), (3) and (4)=s. 8 (2) (n), (o), (p) (q) of old P.H. (Quarantine, etc.j Bill. In s.s. (2) the provisions of (n) and (p) above have been combined, since as they stand they overlap and power to regulate import necessarily includes power to prohibit landing at certain places.

s.s. (5)-former 113 (2)-deleted as over-

lapping with (6).

s.s. (6) now (5)-former 113 (3)

s.s. (7) now (6)-former 113 (4)

Au-

s.s. (8), (9), (10) now (7), (8) and (9)=

former 113 (5), (6) and (7). thorising and" deleted from (9).

new-submission of by-laws.

4

114-180

5-71

=s. 114 to 180 of former Bill.

114

10

5

has been recast in three sub-sections, (2), (3) and (4), and a new s.s. (1) has been added at request of C.V.S. pro- hibiting import of animals except under permit. Bird" added to (2).

66

፡፡

importation substituted for intro- duction and in the Colony for

at any port

in s.s. (3).

4.4

and birds added

Every order issued under this section shall be substituted for 1st line of s.s. 4.

117-8

8 & 9

or birds

added.

119

10

redrafted.

513

Notes on new Public Health (Animals and Birds) Bill,-Continued.

Section of Section of

Former

Draft.

Present

Bill.

123

14

shall

Remarks.

for

are hereby declared to "in

1st line.

(c) added.

124

15

6 6

or bird

$6

128

19

129

20

131

added-" C.V.S." for Veter-

inary Officer ".

or bird added.

redrafted as desired by C.V.S.

omitted as conflicting with new s. 19.

133

23

66

Secretary to the Council

"D.M.S.S." as in ss. 36 and 37.

for

132-154

22-44

bird" added passim.

142

32

last two lines redrafted.

155

45

156

46

omit-

169

59

71

182

72

redrafted by agreement with D.M.S.S.

except when turned out to graze

ted from line 3-last line of proviso amended as desired by C.V.S.

""

except as provided by sections 49 and 52 inserted in line 5 to avoid repug- nancy with those sections.

-new-added at request of D.M.S.S.

-commencement.

Various minor amendments of wording and punctuation have also

been made.

514

[No. 44: 18.1.35.-4.]

(C.S.O. 3626/1926 III.)

A BILL

Short title.

Amendment of Ordin- ance No. 23 of 1917, s. 2 (2).

Rules. Schedule.

Ordinance No. 23 of 1917.

Commence- ment.

INTITULED

An Ordinance to amend the Boarding-house Ordinance, 1917.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Boarding-house Amendment Ordinance, 1935.

2. Sub-section (2) of section 2 of the Boarding-house Ordinance, 1917, is amended by the repeal of paragraph (c) and the substitution therefor of the following paragraph :-

(c) Common lodging-houses or Ku Li Kun ().

3. The Rules in the Schedule shall be in force except in so far as they may be rescinded, added to or amended by rules of the Governor in Council, and shall be deemed to be rules made under the Boarding-house Ordinance, 1917.

4. This Ordinance shall come into force on such date as may be fixed by proclamation of the Governor.

SCHEDULE.

Common Lodging-house or Ku Li Kun () Rules.

1. In these Rules:

"common lodging-house" or "Ku Li Kun(t)

means any

building or part of a building in which persons of the labouring, artizan or mechanical classes, not being members of the same family, to the number of ten or upwards are housed;

"keeper of a common lodging-house"

common lodging-house" means any person licensed to keep a common lodging-house or Ku Li Kun (ŒÍÏ ) .

2.-(a) No building or part of a building shall be used as a common lodging-house or Ku Li Kun ( except under

(except and in accordance with a licence in that behalf issued by the Secretary for Chinese Affairs who shall keep a register of all such houses.

(b) If any person who opens or keeps open any common lodging- house or Ku Li Kun

          contrary to this rule cannot be found, or if the keeper of a common lodging-house is absent from the Colony, the householder, as defined by the Sanitation Ordinance, 1935, of the premises on which such common lodging-house or Ku Li Kun () is shall be deemed to be the person who has opened or kept open such house and shall be liable accordingly in respect of any contravention of these Rules.

515

3. Before the issue of a common lodging-house or Ku Li Kun

() licence, the applicant shall enter into a bond in the sum of $50, with one surety approved by the Secretary for Chinese Affairs, and shall pay the annual fee of $2, and shall furnish the Secretary for Chinese Affairs with two copies of the photograph of such applicant, such photograph to be taken by some photographer approved for the purpose by the Secretary for Chinese Affairs.

4. Every licence issued under these Rules shall state whether the house is for the accommodation of males or females, and guests or occupants of a sex other than that so stated shall not be accom- modated therein.

5. The Secretary for Chinese Affairs shall transmit each applica- tion for a new licence or for removal or extension of premises to the Chairman of the Urban Council who shall cause the premises to be inspected with a view to ascertaining the sanitary condition of the premises and their suitability for use as a common lodging-house or Ku Li Kun (ƒ).

6. The fee payable on any approved alteration or transfer of a licence shall be $2.

7. Any licence issued under these Rules may be cancelled by the Secretary for Chinese Affairs either forthwith or at the expiration of a period fixed by him, if it appears to him that the premises are, for any reason considered by him to justify cancellation, unsuitable for continued use as a common lodging-house or Ku Li Kun (

) Without prejudice to the generality of this rule, fire risks and dangers may provide such reason as aforesaid.

8. Any house to be licensed as a common lodging-house or Ku Li Kun (1) must be substantially built and in a good state

咕喱館) of repair, and must be adequately lighted and ventilated, and all rooms which are to be used as sleeping places must be on all sides above the level of the ground immediately surrounding the house. The house drains must be in good order and constructed in accordance with the regulations regulating house drainage, and there must be adequate kitchen, ablution, privy, urinal and ashbin accommodation; and unless the supply of water is constant there must be a proper cistern for the storage of water. Adequate precautions must be taken or available against fire.

9.-(1) At the time of issuing any licence for a common lodging- house or Ku Li Kun () the Secretary for Chinese Affairs shall assign to every room in such house a printed ticket showing the number of person who may be accommodated in such room.

(2) The number shall be calculated with reference to the cubic capacity of the rooms, and so that in the case of sleeping rooms not less than three hundred and fifty cubic feet of air space shall be allowed for each person, provided that in measuring such air space no space at the height of more than ten feet shall be taken into consideration.

(3) The keeper of a common lodging-house shall keep every such ticket conspicuously displayed on the wall of the room to which it is assigned by the Secretary for Chinese Affairs, and no person in excess of the number shown on the ticket assigned to any room shall be accommodated therein,

10. The keeper of a common lodging-house shall at all times keep his premises in a clean and wholesome condition, and the fittings of the sleeping rooms shall be maintained by him in a thorough state of repair. He shall cause every room, passage and stair to be thoroughly swept at least once a day.

11. The keeper of a common lodging-house shall cause all filth and house refuse or other offensive matter to be removed from his premises daily.

12. The keeper of a common lodging-house shall cause the internal walls and ceilings of every part of his house to be thoroughly cleansed and limewashed during the months of January and July of each year.

- 516

13. The keeper of a common lodging-house shall cause the windows of each of the sleeping rooms to be kept open to their full width for at least four hours each day, unless prevented by inclement weather or by the illness of any person occupying any of the rooms.

14. The keeper of a common lodging-house shall not permit males and females above ten years of age respectively to occupy the same sleeping apartment, except in the cases of husband and wife, and parents and children, and he shall not allow any person to occupy his house for immoral purposes.

15. The keeper of a common lodging-house shall not knowingly permit persons of a bad character to lodge in his house and he shall maintain and enforce good order and decorum therein.

16. The keeper of a common lodging-house shall keep a register of the name, occupation and native place of each lodger, and the dates of arrival and departure, and shall at all times, when required by the Secretary for Chinese Affairs or the Chairman of the Urban Council or the Chief Officer of the Fire Brigade or any Health Officer or officer of the Sanitary Department or Fire Brigade, give him free access to such house or any part thereof and shall allow him to inspect the same and such register.

17. If any person in a common lodging-house or Ku Li Kun () becomes ill from any infectious, contagious or com- municable disease, the keeper of such common lodging house shall forthwith give notice thereof to a Health Officer or to the Secretary for Chinese Affairs who shall immediately transmit such information to a Health Officer; and the keeper of such common lodging house shall, if required by a Health Officer, cause the house to be vacated and shall allow the bedding, clothing and other articles used by the infected person to be destroyed or disinfected and the house to be fumigated, disinfected and limewashed at the public expense.

18. A copy of these Rules, in English and Chinese, shall at all times be kept posted in a conspicuous place on each floor of every licensed premises to the satisfaction of the Secretary for Chinese Affairs.

Objects and Reasons

1. Up to the present the control of common lodging- houses has been divided, the Governor in Council being empowered by the Boarding-house Ordinance, 1917, to make regulations, and the Sanitary Board by the Public Health & Buildings Ordinance, 1903, to make by-laws, for their governance.

2. The purpose of this amending Bill is to provide under the former Ordinance a complete and separate group of rules governing such houses which are known to the Chinese as

ku li kun." The enforcement of the licensing provisions of these rules will remain in the hands of the Secretary for Chinese Affairs, while the Health Officers will see to the en- forcement of the provisions for sanitation.

3. The Bill forms part of the new Sanitation Code.

January, 1935.

C. G. ALABASTER,

Attorney General.

}

517

Notes on the Boarding-house Amendment Bill.

1. This Bill carries out H.E.'s directions as to the transfer of the provisions governing common lodging-houses from the Sanitation Bill, in which they were originally included, to the Boarding-house Ordinance, 1917.

2. The Schedule comprises a separate and self-contained group of rules regulating these establishments, which is derived in part from the Boarding-house rules (Regulations of Hong Kong, p. 726 f) and in part from the Common Lodging-house by-laws in the Schedule to the Public Health and Buildings Ordinance which were reproduced in the Sanitation Bill.

3. A draft G.N. is also attached which effects the amendments of the present Boarding-house rules necessitated by the creation of the new group.

518

APPENDIX I.

Table showing how the powers of the Saintary Board are exercisable in the new legislation.

Abbreviations:

A=Adulterated Food Bill.

B=Buildings Bill.

F-Public Health (Food) Bill.

Q=Public Health (Quarantine etc.) Bill. Q1-Public Health (Animals and Birds) Bill. S Public Health (Sanitation) Bill.

U Urban Council Bill.

Power of

Corresponding

Fower of

Corresponding

S.B. un- der s. 16.

power of U.C.

S.B. un-

power of U.C.

der s. 16.

(1)

S.4 (1) (i) (a) & (b). | (22)

Q1.3 (5).

(5)

S.4 (1) (xvii).

(23)

S.4 (1) (xxi).

do.

(6)

(24)

Q1.3 (6).

S.4 (1) (xxii).

(7)

S.4 (1) (xv).

(25)

F.5 (1).

S.4 (1) (xvi)

(8)

S.4 (1) (xiv).

(26)

Q1.3 (7).

(9)

S.4 (1) (xiii).

(27)

Q1.3 (preamble).

(10)

S.4 (1) (iii)

(28)

Q1.3 (8).

S.4 (1) (v).

(11)

S.4 (1) (iv).

(29)

Q1.3 (9).

(12)

S.4 (1) (x).

(30)

F.5 (2).

(13)

S.4 (1) (vii).

(32)

F.5 (3) (7) (8) (9) (10)

(11) (12) (13).

(14)

S.4 (1) (viii).

(34)

Q.8

(15)

S.4 (1) (ix).

(35)

do.

power now in

(17)

S.4 (1) (xviii).

(36)

do.

G. in C.

(18)

S.4 (1) (xix).

(37)

do.

(19)

F.5 (5) (6).

(38)

S.4 (1) (xxiii).

(20)

S.4 (1) (xx).

(39)

S.4 (1) (xxiv).

(21)

Q1.3 (1) (2) (3) & (4).

519

APPENDIX II.

Table showing allocation of the various provisions of Ordinance No. 1 of 1903 to the new enactments.

Abbreviations:

A= Adulterated Food Bill.

B-Buildings Bill.

F-Public Health (Food) Bill.

Q=Public Health (Quarantine etc.) Bill.

Q1 Public Health (Animals and Birds) Bill.

=

S=Public Health (Sanitation) Bill.

U Urban Council Bill.

Section of No. 1

New position

of section.

of 1903.

Section of No. 1 of 1903.

New position

of section.

1245

Co

B.1 S.1

43

S.61

F.6

44

S.70

B.2

B.3

45

S.50

46

S.45

$.2

47

S.46

6

B.4

48

S.47

F.2

49

S.44 (b)

Q.2

S.49 (1)

S.3

50

S.44 (c)

U.2

51

S.48

7

B.5

52

S.71

8

U.3

53

S.72

9

U.4

Q1.70

10

U.5

54

Q1.66

11

U.6

55

Q1.67

12

U.12

56

Q1.46

13

U.13

57

S. Cattle, etc.,

14

U.14

by-law 15

15

U.15

58

No. 4

16

F.5 Q.9

59

No.

2

Q1.3

60

No.

5

S.4

61

No.

6

17

F.7

62

No. 7

Q14

63

No. 8

S.5

64

No.

17

18

not included

65

No.

19

U.9

66

No.

21

S.8

67

No. 18

Q.75

68

No. 43

2283

S.9

69

(omitted)

not included

70

24

S.10

71

No. 45 No. 11

F Slaughter-house by-laws.

26

S.17

72

F. Markets by-law 2

27

S.18

73

28

S.19

74

29

S.21

75

30

S.22

76

31

S.23

77

3

""

6

""

13

""

""

""

""

39

32

S.24

78

33

S.25

78A

34

S.26

79

35

S.27

36

S.28 (7)

80

F. Food-shops

by-laws 1 & 3

F. Markets by-law 10

37

S.76

81

44

""

38

not included

82 (1)

F.3

39

not included

82 (2)

F.8 (1)

40

not included

83

41

$.60

42

S.69

84

F.4 (with new

provisions added) F. Dairy by-laws

19 f.

520

Appendix II,-Continued.

Section

New position

Section

New position

of No. 1 of 1903.

of section.

of No. 1 of 1903.

of section.

88 8 8 8 8

85

F.8 (but not in full) 131

B.56

85 (2) &

$.80

132

B.52

86

(3)

133

B.57

F. Dairy by-laws

134

B.58

21 £.

135

B.59

87

Q.82

136

B.60

Q.79

137)

not included

89

Q.105

138

90

S.73

139

B.63

91

S.74

140

B.64

92

S.75 (s.s. (14) new)

141

B.65

93

S.87

142

B.66

94

S.88

143

B.67

95

S.89

144

B.68

95A

S.80

145

B.69

96

B.12

146

B.70

97

B.13

147

B.71

98

B.14

148

B.72

99

B.15

149

B.45

100

B.16

150

B.73

101

B.17

151 (1)

101A

B.18

and (2)

B.74 (1) and (2)

102

B.19

151 (3)

not included

103

B.20

152

B.75

103A

B.21

153

B.77

104

B.22

S.33

105

B.23

154

S.36

106

B.26

154A

S.34

107

B.27

155

B.78

108

B.28

S.35

109

B.29

156

B.94

110

B.30

157

B.96

111

B.31

158

B.97

112

B.32

159

B.98

113

B.33

S.40

114

B.34

160

B.99

115

B.35

161

S. Latrine

116 (1)

B.39

By-law 1

116 (2)

not included

162 & 162A

S.42

116A

163

(1) (a)

B.40 (1)

116A

B.100, S.62 and S. Factory

by-laws

(1) (b)

not included (See

definition of storey

164

B.100

in S. and B.)

165

S.39

116A (2)

B.40 (2)

166

S.51

116A (3)

not included

167

S.52

116A (4)

168

S.53

(5) (6)

B.40 (3) (4) (5)

169

S.54

116A (7)

not included

170

S.55

116B (1)

B.41

171

S.56

116B (2)

not included

172

S.57

117

B.36

173

S.58

118

B.42

174

S.59

119

B.37

175 (1)

120

B.38

(2)

not included

121

B.43

175 (3)

S.32

122

B.46

176

B.79

123

B.47

177

B.80

124

B.48

178

B.81

125

B.49

179

B.82

126

B.50

179 (1) (d)

not included

127

B.51

180 (1) (2)

128

B.53

(8) (4)

not included

129

B.54

130

not included

180 (5)

B.85

521

Appendix II,-Continued.

Section of No. 1 of 1903.

New position

of section.

Section of No. 1 of 1903.

New position

of section.

181 (1)

B.86

236

B.133

S. Scavenging

237

B.134

by-law 5

238

B.135

181 (2)

S.15

239

B.136

182

B.89

240

B.137

183

B.90

241

B.138

184

B.91

242

B.139

185

B.92

243

B.140

S.90

244

B.141

186

B.93

245

B.142

S. Scavenging

246

B.143

by-law 10

247

B.144

188

B.87

248

B.145

189

B.88

249

B.146

189A

B.101

250

B.147

190

B.102

251

B.148

191

B.103

S.91

192

B.104

252

B.149

193

B.105

S.92

194

B.106

253

B.150

195

B.107

S.93

196

not included

254

B.151

197

S.94

198

B.108

| 255

B.152

199

B.109

S.77

200

B.7

256

S.78

201

B.8

257

B.153

202

B.9

S.79

203

B.10

258

B.154

204

B.116

$.80

205

B.117

259

B.155

206

B.118

S.81

207

B.119

261

B.156

207A

B.120

S.82

. 208

B.11

262

B.157

209

B.121

S.83

210

B.122

263

S.37

211

B.123

264

B.158

212

B.115

S.38

213

B.114

264A

B.159

S.29

S.14

214

S.30

264 B

B.160

215

S.31

265

B.161

216

B.110

S.84

217

B.111

265A

B.162

218

B.112

S.85

219

B.113

265B

B.163

220

B.25

S.86

221

B.24

265C

B.164

222

S.95

223

265D

B.165

224

B.6

S.96

225

266

B166

227

B.124

267

B.167

228

B.125

S.99

229

B.126

268

S.100

230

B.127

F.11

S.28

268A

B.168

231

B.128

269

B.169 Q.105

232

B.129

S.97 Q1.71

233

B.130

270

B.170

234

B.131

S.98

235

B.132

271

B.171

S.76

522

Appendix II,-Continued.

Regulation under No. 1 of 1903.

New Provision

Regulation under No.

1 of 1903.

New Provision.

Importation &c.

of animals

By-laws No.

QL 70

Schedule B.

9

10

5 (2)

Aerated Water

F. Schedule.

11

20

Factories.

12

21

13

22

Bake-houses. Basements.

F. Schedule.

14

23

S. Schedule A.

15

24

16

25

Cattle-sheds &c

S. Schedule A.

17

26

18

27

སཱཾ་

Cemeteries.

S. Schedule A.

19

28

20

29

Common

Transferred to

21

7

Lodging-

new Boarding

22

houses.

House Amend-

23

9

11

ment Bill.

24

13

25

31

Dairies.

Depots for

cattles &c.

Part I.

F. Schedule.

26

32

27

33

99

28

34

29

35

19

30

36

31

37

32

38

J

Interpretation.

Q1.46

33

39

"

34

40

11

By-laws 1-5.

Q1.48-52

35

41

""

36

42

Part II.

37

43

38

44

By-laws 1-14.

Q1.53-66

39

45

Appendix

Q1. Schedule.

Disinfection &c.

By-law No.

Latrines

1

Q.2 ("disease"

& "infected")

2

3

Domestic clean- liness &c. By- laws.

Eating houses.

Q.105 (amplified)

Q. 83, 84 & 100.

Laundries

By-laws.

S. Schedule A.

F. Schedule

(Restaurants, etc.)

Markets.

Notification' &c.

of disease By-law No.

S. Schedule A

Latrines (Pub- lic) By-laws 1-10.

S. Schedule A. Laundries.

F. Schedule.

69

2

Q. 70

3

Q. 68

Entry &c. of

buildings.

4

Q. 67

S. Sections

5

Q. 71

11-13.

Offensive

Food-preserving

establishments.

Importation &c.

of animals By-laws No.

Trades.

S. Schedule A.

F. Schedule.

1

Q1. 2

234 LO CO E CO

11

12

"

14

5

16

17

6

17

7

18

8

69

,

Overcrowding.

Prevention &c.

of infectious disease By-laws

No.

1 & 2

S. 43.

S. Schedule A.

Domestic Cleanliness

&c. By-laws

7 & 8.

!

}

Regulation under No.

1 of 1903.

523

Appendix II,-Continued.

New Provision.

Regulation under No. 1 of 1903.

New Provision.

3

Q. 100.

Scavenging &c.

by-laws.

S. Schedule A-

Conservancy

5

Q. 85 (modified)

7

B. 46.

9

S. Schedule A.

Domestic

Cleanliness

Slaughter- houses.

&c. By-law 11.

Schedule C.

by-laws and Scavenging

by-laws passim.

F. Schedule.

Rules preserved

by sec. 4 of U.

4, 6 and 8

not inclduded.

Prevention &c. of plague by

rats.

Omitted but Q & Q1 contain anti-rat pro- visions.

Schedule D.

Schedule E.

S. Schedule B.

B. Schedule A.

F.

B.

""

G.

C.

""

Prevention &c.

S. Schedule A-

H.

D.

of disease by

Mosquito pre-

J.

E.

"

mosquitoes.

vention by-

laws.

K.

F.

L

G.

+

M.

H.

Removal of ceil- | Q. 100.

ings &c.

Sign-board Re-

gulations, 1912

Exceptional

J.

Removal of

patients.

Q.81-82 (in part)

Building Re-

gulations, 1931

K.

爷爷

524

APPENDIX III.

Table showing how certain sections of the Public Health and Buildings Ordinance, 1903, have been split up to form part of the new Health legislation.

A

Adulterated Food, etc. Bill.

B = Buildings Bill.

F = Public Health (Food) Bill.

Q=Public Health (Quarantine etc.) Bill.

Q1 Public Health (Animals and Birds) Bill.

-

SFublic Health (Sanitation) Bill.

U Urban Council Bill.

Section of Public Health and Buildings Ordinance, 1903.

Corresponding Sections of new enactments.

5

B 3 and S 2.

6

B 4, F 2, Q 2, S 3 and U 2.

16

F 5, Q 9, Q1 3 and £ 4.

17

F 7. Q1 4 and S 5.

21

Q75 and S 8.

49

53

153

155

S 44 and 49.

S 72 and Q1 70.

B 77 and S 33.

B 78 and S 35.

159

B 98 and S 40.

162

181

185

186

213

163 and 164

S 42.

B 100 and S 62.

B 86 & S 15 and by-laws (Scavenging).

B 92 and S 90.

B 93 and by-law 10 (Scavenging). B 114 and S 29.

230

B 127 and S 28.

235

B 132 and S 76.

251

B 148 and S 91.

252

B 149 and S 92.

253

B 150 and S 93.

254

B 151 and S 94.

255

B 152 and S 77.

257

B 153 and S 79.

259

B 154 and S 80.

259

B 155 and S 81.

261

B 156 and S 82.

262

B 157 and £ 83.

264

B 158 and S 38.

264 A

B 159 and S 14.

265

B 161 and S 84.

265 A

B 162 and S 85.

265 B

B 163 and S 86.

265 C

B 164 and S 95.

265 D

B 165 and S 96.

267

B 167 and S 99.

268

269

270

S 100 and F 11.

B 169 and S 97, F 10, Q 106, Q1 71. B 170 and S 98.

して

525

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 21.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

HARBOUR DEPARTMENT.

No. S. 22.-It is hereby notified that sealed tenders in quintuplicate which

should be clearly marked "Tenders for the supply of Mooring Buoys", will be received

at the Colonial Secretary's Office until noon of Friday, 8th February, 1935.

Particulars :-

1. To construct two reversible mooring buoys 10′ 0′′ diameter and 8′ 0′′ deep, each buoy to be fitted with 1,000 lbs portable cast iron ballast in four slabs, each buoy to be fitted with bulb angle irons and manhole doors on top and bottom.

Inside diameter of tube 24 inches.

Inside diameter between tube castings 19 inches.

2. To construct three (tube) Launch mooring buoys 6' 0" diameter and 5′ 0′′ deep, diameter of tube 9" inches top and bottom to take 21" chain cable plating 5/16", buoys to be fitted with three half round iron chafing bars 1"x2" on outside of body plating.

Supply three bow shaped buoy shackles of 21" diameter fitted with

forelocks and long pins.

   Specifications and particulars of the above buoys can be obtained from the Assistant Government Surveyor's Office, Yaumati.

The above mentioned buoys to be built and water tested to the satisfaction of the Government Marine Surveyor, cement washed inside and two coats red lead on outside all over.

On completion buoys to be delivered and landed at Taikoo Dockyard.

Time allowed for completion and delivery to be three months from date of notifica- tion of acceptance of Tender.

25th January, 1935.

G. F. HOLE,

Harbour Master, &e.

526

HARBOUR DEPARTMENT.

  No. S. 23.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Supplying and replacing a new Engine to Launch H.D. 7", will be received at the Colonial's Secretary Office until Noon of Friday, the Sth day of February, 1935.

  A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

  The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repairs; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

25th January, 1935.

G. F. HOLE,

Harbour Master, &c.

HARBOUR DEPARTMENT.

  No. S. 24.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Supplying five new hard wood barges for Sanitary Department will be received at the Colonial Secretary's Office until Noon of Friday, the 8th day of February, 1935.

""

  Form of tender, specifications and further particulars may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

25th January, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

No. S. 25.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Refuse Boat Pier at Kweilin Street", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of February, 1935, for the construction of a reinforced concrete refuse boat pier and minor works off Kweilin Street, Shamshuipo, Kowloon.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

25th January, 1935.

R. M. HENDERSON,

Director of Public Works.

527

POLICE DEPARTMENT.

TRAFFIC REGULATIONS DURING THE RACES.

No. S. 26. It is hereby notified that on the days fixed for the Annual Race Meeting at Wong-Nei-Chong (February 16th, 18th, 19th, 20th and 23rd), the following Regulations, under Ordinance No. 2 of 1869, will be in force :--

I.-All Vehicles going to the Races at Wong-Nei-Chong will proceed via Arsenal Street, Hennessy Road, Percival Street, Leighton Hill Road and round Happy Valley via Wong-Nei-Chong Road to the entrance gates.

Vehicles will return to town via Gap Road and Queen's Road East. These arrangements will be in force between 11 a.m. and 7

--

p.m.

II.-At the Race Course passengers will alight from and board Tramcars and Buses at: (1) the main Public entrance gate and (2) the members entrance gate only.

III. - Pedestrians must walk on the footpaths, and not on the Roadway.

IV.-Vehicles must proceed at a slow speed in the vicinity of the Race Course.

V.-Vehicles will be parked in the vicinity of the Race Course as directed by the

Police on duty.

VI.-Dogs are not allowed on or near the Race Course. Any dog found straying

on or near the Race Course is liable to be destroyed.

NOTE. There will be one way traffic in Queen's Road East from the Monument to Arsenal Street from 11 a.m. to 7 p.m. The one way traffic will run from East to West.

Vehicles wishing to proceed up Stubbs Road will proceed via Arsenal Street, Johuston Road, (Old Praya East), Wanchai Road, Morrison Hill Road and Gap Road.

Extra Ruce Meetings. - On days fixed for Extra Race Meetings, Regulation I and the

note above will not be enforced.

One way traffic will be enforced in Wong-Nei-Chong Road only.

Entrance to Wong-Nei-Chong Road will be from Leighton Hill Road.

25th January, 1935.

T. H. KING,

Inspector General of Police.

529

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 38 of 1932.

Re Steger & Co. of No. 2 Connaught |

Road Central, Victoria, in the Colony of Hong Kong, Importers and Exporters.

FIRST and final dividend of $2.68 per

A cent has been declared in the above

matter.

N

N

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In the Goods of Carl Franz Adolf Otto Ingenohi, Tate of 39, Rue Van Schoonbeke Autwerp in the King-

dom of Belgium Merchant, deceased.

OTICE is hereby given that the Court has by virtue of the provisions of Sec-

tion 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others

to send in their claims against the above estate

to the 17th day of February, 1935.

All Creditors and others are accordingly

OTICE is hereby given that the above-nudersigned on or before that date.

mentioned dividend may be received at

| hereby required to send their claims to the

the Official Receiver's Office, Victoria, aforesaid on the 30th day of January, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 25th day of January, 1935,

JAMES J. HAYDEN,

NOTICE.

Official Receives

N OTICE is hereby given that the Partner-

ship heretofore subsisting between Prito- das Vaswani, Assudamal Vaswani and Utoomal Tolaram carrying on business as Importers and Exporters of General Merchandise and Silk Merchants at No. 25 Wyndham Street, Victoria, in the Colony of Hong Kong, under the style or firm name of Uloomal and Assudamal Com- pany, which said partnership owns the Modern Silk Store at No. 46 Queen's Road Central, Vic- toria aforesaid and Queen's Silk Store at No. 78 Queen's Road Central, Victoria, aforesaid, has been dissolved by mutual consent as from the 31st day of Deceniber, 1934, so far as concerns the said Utoomal Tolaram who retires from the said firm. All debts due to and owing by the said late firm inclusive of all debts due to and owing by the Modern Silk Store only which is still the property of Pritodas Vaswani and Assudamal Vaswani will be received and paid respectively by the said Pritodas Vaswani and Assudaal Vaswani who will continue to carry on the said business in partnership under the same style or firm name of Utoomal and Assudamal Company. All debts due to and liabilities incurred by the said Queen's Silk Store subsequent to the 31st day of December, 1934, will be received and paid by the said Utoomal Tolaram who will continue to carry on the said business under the same style or firm name of Queen's Silk Store at the same address.

Dated the 10th day of January, 1935.

UTOOMAL TOLARAM, PRITODAS VASWANI,

ASSUDAMAL VASWANI, By His Allorney,

PRITODAS VASWANI,

NOTICE.

N OTICE is hereby given that all my shares

and interests in the firm of "Lopes and Alves Limited ", have on the first day of Jan- uary, 1935, been transferred under and ir. pure suance of an Instrument of Transfer registered with the said Firm.

Dated the 18th day of January, 1935.

S. A. LOPES.

|

Dated the 25th day of January, 1935.

DEACONS,

一蚊到頂代按股啓 九香各人表櫃東者 三公號擬人銀議香 五司貨仍承决港出承 年理揭在受賒旺 正要附上經出全角頂頂 月承會列已貨盆通 十頂担原立賬生菜生 出承九人保地約等意街 項項日並等址收項連門 人人 不項照定賣同牌 香現

資與常訂與招第 責及擴期金牌

洋營月

全第四

清華充

Solicitors for the Administrator, 1, Des Voeux Road Central, Hong Kong.

及轉業十

安天

涉末日日 貨號

In the Matter of The Companies Ordin-

ance, 1932.

and

In the Mater of The Ka Wah Savings 香香

Bank Limited.

(IN VOLUNTARY LIQUIDATION),

NOTICE is hereby given that the Creditors

of the abovenamed Company which is

being voluntarily wound up, are required, on or before the 23rd day of February, 1935, being the day for that purpose fixed by the under- signed,Liquidators of the said Company,to send their names and addresses of their solici- tors, if any, to the Liquidator's Office, No. 208, Des Voeux Road, Central, Hong Kong and, if so required by Notice in writing from the undersigned Liquidators, or by their solicitors, to come in and prove their said debts or claims at such time or place as shall be specified in such Notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 25th day of January, 1935.

THE KA WAH SAVINGS BANK, LIMITED (In Voluntary Liquidation), WOO YEE TUNG,

CHAN TAT SAM,

FUNG IU WING,

Liyuidators.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent

Transfer of Businesses Ordinance No. 25

of 1923, Notice is hereby given that Tung Yeung Wo (董養和)of No. 646 Shang-

hai Street, Kowloon, Pawnbroker, (hereinafter called "the Transferor ") carrying on business of pawnbroker at No. 646 Shanghai Street, aforesaid under the firm name of Tai Hing

Pawnshop(大興押) has agreed to sell

all the business of the said Tai Iling Pawnshop

to Chau Tai (周大) of No.22 Nam King

Street, ground floor, Kowloon, Merchant, (hereinafter called " the Transferee") together with the Goodwill thereof.

""

The Transferee intends to carry on the said business at No. 646 Shanghai Street, aforesaid under the firm name"Tai Hing Pawnshop. and will not assume the liabilities incurred in the said business by the transferor.

Dated the 23rd day of January, 1935.

LO AND LO, Solicitors for both parties.

有 公限

交轕倫八

特清前交大物大

此者大易安機安

聲槪安淸蛟噐蚊 明蚊香架香 出香交有生公 頂公易限傢司 人司之公私經 大有後司裝由 安欠承之修各

告廣退承

樓司楚英華會與生將啟 承退亦所一一洋借天意香者 受辦與有經干轉等生字港省 人人香與交九轕項公號大港 香廣港廣易百情早司招道正 港州正州後卅事經承牌西心 正正心正香五承一受裝二樓 心心樓心港年受律至修百股 樓樓無樓正一人清該像九東 天譚干無心月槪找號私十兼 生伯特涉樓卅不亦前什四司 公益此廣為日資無欠物號理 司等聲州天交責担各全正譚 同 明正生易准保貨盆心伯 啓 心公清期及揭頂樓益

THE

TRADE MARKS ORDINANCE (No. 40 of 1909)

Price $1.00 per copy

obtainable at

Noronha and Company

Government Printers

(FILE No. 13 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Tonicity London, E.C. 2, England, on the 13th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

Laboratories Limited, of 141, Moorgate,

HALMAGON

in the name of the said Tonicity Laboratories Limited, who claim to be the proprietors thereof.

      The Trade Mark has been used by the Applicants in respect of Chemical Substances prepared for use in medicine and pharmacy, in Class 3.

Dated the 25th day of January, 1935.

HASTINGS & CO. Solicitors for the applicants, Gloucester Building,

Hong Kong.

(FILE No. 26 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Kom Ng

Seung (甘五常) trading as Po Kwong Dispensary (1)

at 19 Tung Choi Street, Mongkok, Kowloon, in the Colony of Hong Kong, has on the 14th day of January, 1935, applied for the registration

(FILE No. 5 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

& Co., Limited, of The Brewery, Hythe, Kent, England, on the 15th day of November, 1934, applied for the registration, in Houg Kong, in the Register of Trade Marks, of the following Trade Mark viz.:-

NOTICE is hereby given that Mackeson

-

MACKESON

&Co LIMITED

HYTHE BREWERY

KENT

TRADE MARK

in the name of the said Mackeson & Co.,

Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Fermented Liquors and Spirits in Class 43.

Dated the 25th day of January, 1935.

in Hong Kong, in the Register of Trade Marks, N

of the following Trade Mark :-

行藥光保

珍珠牌

水燊眼牌珠珍

老無

̇能眼幼論功珍

治疾一男效珠

|理皆切女卓牌

HASTINGS & CO.

Solicitor for the Applicants,

Gloucester Building, Hong Kong.

(FILE No. 24 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark

OTICE is hereby given that Mitsui Bussan

Kaisha Limited, of Japan a Company registered under the Laws of Japan having a branch office at No. 5 Ice House Street, Cen- tral, Victoria, in the Colony of Hong Kong, on the 16th day of January, 1935, applied for the registration, in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark, viz:-

יאל

AL

漢羅

(FILE No. 519 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Hans Hupeden, Julius Hupeden and W. Paysen carry- ing on business as Hupeden and Company at 96 Raboisen, Hamburg, Germany have on the 20th day of December, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

F

"LUCKY HORSE"

BRAND

行洋甸渣

MARGARINE

in the name of Hans Hupeden, Julius Hupeden

and W. Paysen carrying on business as Hupeden

and Company, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of Substances used as food or as ingredients in food excluding Tapioca in Class 42.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of January, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 7 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that M. P. San &

Co., having its Office at No. 293, Des Voeux Road Central, Hong Kong and its Factory at Nos. 34 to 46, Whitfield, Causeway Bay, Hong Kong, Confectionery and Biscuits Manu- facturers, have, on the 9th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

SAN

in the name of Kom Ng Seung (#) (甘五常)

trading as Po Kwong Dispensary (

藥行

tor thereof.

who claims to be the sole proprie-

The Trade Mark has been used by the Ap-

plicant in respect of Chemical substances pre-

pared for use in medicine and pharmacy, parti- cularly Eye-lotion, in Class 3.

The Registration of this mark shall give the Applicant no right to the exclusive use of the Chinese characters"" appearing on the mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of January, 1935.

DEACONS,

Solicitors for the Applicant, No. 1, Des Voeux Road Central,

Hong Kong.

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect Woollen Cloths in the piece in Class 34.

Dated the 25th day of January, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, (2nd Floor),

Hong Kong.

CO.

E

in the name of M. P. San & Co., who claim to be the sole proprietors thereof.

The said Trade Mark has been used by M. P. San & Co., in respect of Confectionery and Biscuits, in Class 42.

Representations of the said Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 25th day of January, 1935.

M. P. SAN & CO., Applicants.

(FILE No. 509 of 1934.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Enterprise Tobacco Co., Ltd., whose regis- tered office is situated at 175, Soochow Road, Shanghai, Tobacco Manu- facturers, have on the 17th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

SELLECOIƆ OL

CIGARETTES

ENTERPRISE TOBACCO CO.LTD.

ELE CIGARETTES

CO., LTD.

TOBACCO

ENTERPRISE

(FILE NO. 470 of 1934,

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Commercial Company of China Building Stantley

Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 8th day of Novem- ber, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

牌龍金

10 CIGARETTES

in the name of Enterprise Tobacco Co. Ltd., who claim to be the proprietors thereof.

      The Trade Mark is intended to be used by the applicants in respect of manufactured tobacco in Class 45.

      Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 25th day of January, 1935.

ENTERPRISE TOBACCO CO. LTD., F. STAFFORD SMITH, Attorney,

P. & O. Building, Connaught Road, Central.

(FILE No. 464 OF 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that American Sweets, Incorporated, of No. 311 Soler Street, Manila in the Philippine Islands, have on the 24th day

of October, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

BLONY

(2)

in the name of the said Stantley Commercial Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Goods manufactur- ed from Indian-rubber excluding elastic fabrics or tissues included in Class 40.

Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 30th day of November, 1934.

RUSS AND CO.,

Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

甲為銀前清二份承啟

&‡Z 戌廢乃憑手號票受者

KK* * 年紙係股續收收經本 國十今自票限盤條已酒中 酒二經悞到期臨到交家 國 家 月派日領甲時中易全 酒 收 初清後如戌辦環清盤 家 盤四安雖逾年事威楚保收 代 日結有期十處靈請私 盤 此股不一收頓各頂 派 佈份到月囘街股與 囘 票收二股一東豪股 收囘十本百携天 本 條股日銀二囘酒 告 是本以以十股家 白

大中國酒家收盤代表人阮康廖啟

BUBBLE GUM

WICKEY MOUSE BUBBLE GUM

in the name of the American Sweets, Inc., who claim to be the proprietors thereof.

66

      The Blony" Trade Mark has been used by the Applicants since September, 1933, in respect of chewing gum, candy, confectionery, sugar, dried fruits, preserved meats and other substances used as food or as ingred- ients in food excluding flour and the "Mickey Mouse " Trade Mark has been used by the Applicants since September 1933, in respect of chewing gum, candy confectionery, sugar, dried fruits, preserved meats and other substances used as food or as ingredients in food.

The Registration of these two Trade Marks shall give no right to the exclusive use of the words "Blony" and "Bubble Gum" appearing on the "Blony" Mark and the words "Mickey " and " Bubble Gum" appearing on the "Mickey Mouse" Mark.

Facsimiles of such Trade Marks can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 23rd day of November, 1934.

WOO AND NASH, Solicitors for the Applicants, No. 4 Queen's Road Central. Hong Kong.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance), Half year,

(do.), Three months, (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line,

Chinese, per Character,

Repetitions,

$18.00 10.00 6.00

$1.00 for 1st $0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

PRINTED AND Published by NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

534

NOTICES.

COLONIAL Secretary's Department.

No. S. 27.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHOrn,

Colonial Secretary.

1st February, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 28.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Hawaiian Is-

lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

1st February, 1935.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

!

535

HARBOUR DEPARTMENT.

   No. S. 29. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Removing and replacing existing Kerosene Engine in R.D. 1", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of February, 1935.

   A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

   The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

28th January, 1935.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFIice, Tai Po.

   No. S. 30. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 20th day of February, 1935.

The Lots are let for the term of one year from the 1st day of July, 1931 as Agri- cultural Lots.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Locality.

0. D.

No. D.D.

Lot.

N.

Contents in

Annual

Price.

Upset Crown

Acre.

Rent.

W.

feet. feet. feet. feet.

$

$

1

5

908

Tai Po Tau.

As per plan deposited in the District Office, North.

·13 acre.

Nil.

.80

2

CO

6

1226

Shek Ku Lung.

.89

5.40

.་

""

1st February, 1935.

T. MEGARRY,

District Officer, North.

536

District Office, Tai Po.

  No. S. 31.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 20th day of February, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Building Lots. Serial Nos. 3 and 4 as Agricul- tural Lots and Serial No. 5 as a Threshing Floor Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Serial Nos. 3 and 4 are further subject to Special Condition No. 1 (a) (b) and (c). Serial No. 4 is further subject to Special Condition hereunder specified. Serial No. 5 is further subject to Special Condition No. 1 (a) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $250 and $1,000 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

N.

S.

E.

W.

Contents in Acres, or Square feet.

Annual

Upset

Crown

Price.

Rent.

feet. feet. feet. feet.

$

€A

$

1

52 1461

Sheung Shui.

As per plan deposited in the District Office, North.

372 sq. ft.

4

2.00

2

11

1551

Nam Hang.

1350

14

4.00

""

"}

1552

•29 acre.

64

.30

""

""

4

221 1698

Sha Kok Mi.

•51

56

.60

19

5

51 4693

Fan Ling.

550 sq ft.

6

.10

SPECIAL CONDITION TO SERIAL No. 4.

Without the written permission of the District Officer, North, the Purchaser shall not obstruct or in any way interfere with the existing right of way across the Lot.

C

1st February, 1935.

T. MEGARRY, District Officer, North.

*

0537

DISTRICT OFFICE, TAI Po.

No. S. 32. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11.30 a.m., on Thursday, the 21st day of February, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and further subject to Special Condition No. 2 (a) in the above Government Notification.

 The amount to be spent on the Building Lot in rateable improvements under the General Condition No. 5 is $250.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in Upset Square feet. Price.

Annual Crown

Rent

No. D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

$

$5

114 1675

Sheung Tsun.

As per plan deposited in the District Office, North.

308 sq. ft.

7

1.00

1st February, 1935.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No. S. 33. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Sand Bins at Praya East and Hung Hom", will be received at the Colonial Secretary's Office until Noon of Monday, the 18th day of February, 1935. This work comprises the construction of concrete bins for the reception of sand, erection of office and quarters, road surfacing, drainage and other contingent works.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

1st February, 1935.

7

539

IN THE SUPREME COURT OF HONG KONG.

THE

IN BANKRUPTCY.

Notice of Adjudication.

No. 22 of 1934.

Re Henry Cadogan Best residing at No. 327, Prince Edward Road, Kow- loon, in the Dependency of Hong Kong, Engineer.

HIE above named Henry Cadogan Best, was adjudicated bankrupt on the 26th day of January, 1935.

N

Dated the 1st day of February, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 2 of 1935.

Re The Canton Brothers Rubber Manu- facturing Company, of Hai Tan Street, Mongkok, Kowloon, in the Colong of Hong Kong, Manufac- turers.

OTICE is hereby given that a creditor's petition was filed herein on the 29th day of January, 1935, and that an Interim Receiv- ing Order was made thereon on the 29th day of January, 1935, and the Official Receiver was appointed Interim Receiver of the estate of the above named bankrupt firm.

All the debts should be paid to me.

Dated the 1st day of February, 1935.

JAMES J. HAYDEN,

Official Receiver

NOTICE.

NOTICE is hereby given that the business

formerly carried on by us under the firm name of The Plain Dealing Co., at China Building, 7th floor, Hong Kong was wound-up on the 31st January, 1934, when the partner- ship was dissolved. The firm carrying on business since the said date under the same name, namely "The Plain Dealing Co.", has no connection whatever with the business formerly carried on by us.

Dated this 26th day of January, 1935.

LAU YUK WAN,

LAU SHAU MAN, LAU SHIU CHUEN, LAI PAK SHUI, CHAN HON NAM, LAU CHONG.

NOTICE.

OTICE is hereby given that owing to

NOTICE is a rich trisen between them Low Shung Leuk (羅崇畧) at

present resident at No. 8 Chancery Lane, 2nd floor, (husband) and Lee Ying Chong (

#) at present resident at No. 62 Robinson Road, 3rd floor, (wife) have agreed to separate after having been married for two years. All matters heretofore outstanding have been settled at this office. Debts and liabilities to be incurred hereafter shall be borne by Lee Ying Chong herself and shall be no concern of Low Shung Leuk's.

Dated the 29th day of January, 1935.

TATTOOIT

AMAYAN

THE KA WAH LIFE ASSURANCE CO., LTD.

(IN VOLUNTARY LIQUIDATION).

RESOLUTION

OF

MEETING OF CREDITORS.

Ta Meeting of the creditors of the Com- pany duly convened and held at the offices of Messrs. P. H. Sin and Company, Asia Life Building, Victoria, Hong Kong, on Satur- day, the 26th day of January, 1935, at 2.30 p.m., the following Extraordinary Resolution, which was passed at the Extraordinary General Meeting of the Company, held at 10.30 a.m. on the same day, was duly confirmed, namely :-

"That it has been proved to the satis- faction of the Meeting that the Company cannot by reason of its liabilities continue its business and it is advisable to wind up the same and that the Company be wound up voluntarily and that Lam Kiu Tang

(B) of 6th Floor,

China Building, Chan Tat Sam

() of No. 21 Con-

naught Road Central, and Tam

Wing Kwong(譚榮光)

of Asia Life Building, Hong Kong, be and they are appointed Liquida- tors for the purpose of such wind- ing up.

And it is further resolved.

That Yip Tai Ching (葉大楨) and Shi Man Wai (施文蔚)

both of China Building and Wong

Sik Yu (黃式如)of No.

N

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of William Pope, late of 11, Ice House Street, and the Royal Naval Dockyard, Victoria, in the Colony of Hong Kong, Chargeman of Ship Fitters, deceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to 2nd March, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 1st day of February, 1935.

DEACONS,

Solicitors for the Administratrix, 1, Des Vœux Road Central,

Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP)

No. 1 of 1935.

In the Matter of the Companies Ordin-

ance, 1932,

and

In the Matter of The Ka Wah Savings

Bank, Limited.

230 Des Vœux Road Central, Hong Kong, be and they are hereby ap-NOTICE is hereby given that a Petition for pointed Committees of Inspection.

Dated the 26th day of January, 1935.

AT

CHAN TAT SAM,

Chairman.

In the Matter of The Ka Wah Life Assurance Company, Limited.

(IN VOLUNTARY L QUIDAT ON)

EXTRAORDINARY RESOLUTION

T an Extraordinary General Meeting of the Company, held at its registered office, No. 212 Des Voeux Road Central, Victoria, in the Colony of Hong Kong, on Saturday, the 26th day of January, 1935, at 10.30 a.m., the following Resolution was duly passed, namely:-

"That it has been proved to the satis- faction of the Meeting that the Company cannot by reason of its liabilities continue its business and that it is advisable to wind up the same and accordingly the Company be wound up voluntarily. and that

the winding-up of the above-named Com- pany subject to the supervision of the Supreme Court of Hong Kong, or in the alternative by the said Court was, on the 29th day of January, 1935, presented to the said Court by Tong Tak Ting alias Tong Sung Hop, of No. 101 Wing Lok Street, Victoria, in the Colony of Hong Kong, Merchant, Cheuk Po Han of No. 19 Nga Tsin Long Road, Kowloon in the New Terri- tories, Colony of Hong Kong. Married Woman, and Pun Sik Ling of No. 39, D'Aguilar Street, Victoria aforesaid, Journalist. And that the said Petition is directed to be heard before the Court, sitting on Monday, the 25th day of February, 1935, at 10 o'clock in the forenoon, and any creditor or contributory of the said company desirous to support or oppose the making of an Order on the said Petition may appear at the time of hearing by himself or his counsel for that purpose; and a copy of the Petition will be furnished to any creditor or contributory of the said company requiring the same by the undersigned on payment of the regulated charge for the same.

Dated the 1st day of February, 1935.

C. Y. KWAN, No. 4A, Des Voeux Road Central, Victoria, Hong Kong. Solicitor for the petitioners.

Lam Kiu Tang (NOTE: -Any person who intends to appear on

of 6th Floor, China Building, Chan

Tat Sam() of No. 24, Connaught Road Central, and Tam Wing Kwong (譚榮光) of Asia Life Building, Hong Kong, be and they are appointed Liquid- ators for the purpose of such wind- ing up".

Dated the 26th day of January, 1935.

the hearing of the said Petition must serve on or send by post to the above- named C. Y. Kwan of No. 4A, Des Voeux Road Central, Victoria, afore- said, solicitor for the petitioners, notice in writing of his intention to do so. The notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their Solicitor (if any), and must be served, or if posted, must be sent by post in sufficient time to reach the abovenamed not later than 1

THE KA WAH LIFE ASSURANCE

COMPANY, LIMITED.

(IN VOLUNTARY LIQUIDATION).

NOTICE

OF

SPECIAL GENERAL Meeting.

N pursuance of Section 223 (1) of the Com- panies Ordinance No. 39 of 1932, Notice is hereby given that a Special General Meeting of the Company shall be held at the offices of Messrs. P. H. Sin & Co., Asia Life Building, Victoria, Hong Kong, on Saturday, the 23rd day of February, 1935, at 2.30 p.m for the pur- pose of considering and, if thought fit, to pass as a Special Resolution the following:

"That the Liquidators be and they are hereby empowered and authorized to transfer all the Company's right benefit and interest of and in all the existing Life Insurance Policies issued by the Company to the Wing On Life Assurance Company Limit- ed subject to all the existing liabili ties of the Company thereunder and to the terms and conditions therein contained and for such Considera- tion as the Liquidators shall in their discretion think fit ".

Dated the 1st day of February, 1935.

LAM KIU TANG,

CHAN TAT SAM,

TAM WING KWONG,

Liquidators.

NOTICE OF TRANSFER,

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance, No. 25

IN

of 1923.

Notice is hereby given that Leung Ho Shi

(J) carrying on business at Pak

17

Hoi Street, Yaumati in the Dependency of Kowloon, in the Colony of Hong Kong, under the style or firm name of "On Cheong Chan (hereinafter called 'the Transferor") has agreed to transfer to Wong Cheuk Iling (I

         of No. 34, Canton Road, Yaumati, aforesaid, (hereinafter called "the Transferee ") All that the Transferor's business of the said On Cheong Chan including the goodwill, fix- ture, furniture stocks-in-trade and effects and erections on the said premises.

The transferee intends to carry on the business at the same place under the same firm name, and will not assume the liabilities incurred in the business of the Transferor prior to the 9th day of March, 1935.

Dated the 1st day of February, 1935.

C. Y. KWAN,

Solicitor for the parties.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance),

Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line,

Chinese, per Character,

Repetitions,

.$18.00

10.00 6.00

$1.00 for 1st .$0.20 ƒ insertion.

5 cents. Half price.

Advertisement must reach this office not later

    than 3 P.M. on Thursdays for insertion in Friday's isssue.

540

THE KA WAH SAVINGS BANK, LIMITED.

CREDITORS' VOLUNTARY WINDING-UP.

NOTICE OF MEETING.

OTICE is hereby given that a Meeting of the Creditors of the abovenamed

Company will be held at the office of Mesars Lo and Lo, Alexandra Buildings, Des Voeux

Road Central, Victoria, Hong Kong, on Satur- day, the 9th day of February, 1935, at 2.15 p.m. in the afternoon, for the purpose of filing the vacancy in the office of two members of the

甲為銀前清二份承

大戌廢乃憑手號票受者

Committee of Inspection in the winding up of 代

the said Company caused by the resignation of the nominees of the China Motor Bus Company, Limited, Whitfield Road, and Fung Keung Rubber Manufacturing Company, Shaukiwan.

Dated the 30th day of January, 1935.

CHAN TAT SAM, WOO YEE TUNG, FUNG IU WING,

Liquidators of the abovenamed Company.

中年紙係股續收收經本 大 國十今自票限盤條已酒中

- KRDUGN

經到期臨到交家

TR154 M 派日領甲時中易 初清後如戌辦環清無 四安雖逾年事威楚傢 日結有期十處靈請私盤 此股不一收頓各頂派 人 佈份到月囘街股與囘 票收二股一東豪股 收囘十本百携天 本 條股日銀二囘酒 告 是本以以十股家 白

(FILE No. 11 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that Standard-Vacuum Oil Company, of No. 100 West 10th Street, Wilmington, Delaware, United States of America and No. 26, Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong have on the 11th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

STANAVO

STAMMO

AVIATION ENGINE OIL!

NO

Vertical shading indicates red; hori

zontal shading indicates blue; black lines represent blue.

(2)

STANAVO

(3)

STANAVO

in the name of Standard-Vacuum Oil Company who claim to be the sole proprietors thereof.

The above Trade Marks are to be registered in Class 47 in respect of refined, semi-refined and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illumina- ting, burning, power, motor fuel, and lubricating purposes and greases, especially aviation fuels and lubricants.

The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

The above Trade Marks are to be associated with each other. Facsimiles of the said Trade Marks can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 10 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that Standard-

Yo. 100 West 10th

NOTION is Street, Wilmington, Delaware, United States of America and No. 26, Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong, have on the 11th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1)

ESSO

(2)

(3)

ESSOLUBE

in the name of Standard-Vacuum Oil Co. who claim to be the sole proprietors thereof.

The above Trade Marks are to be registered in Class 47. Mark No. 1 is to be registered in respect of refined, semi-refined and unrefined oils made from petroleum both with and with- out admixture of animal, vegetable or mineral substances for illuminating burning, power, fuel and lubricating purposes and lubricating greases, motor fuels of all kinds, napthas and kerosenes of all kinds, paraffin wax of all kinds, paraffin candles and tapers, lubricants of all kinds, fuels of all kinds, liquid, gaseous or solid and mixtures, petrolatum oil. Marks Nos. 2 and 3 are to be registered in respect of refined, semi refined, and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illuminating, burning, power, motor fuel and lubricating purposes and greases.

     The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

46

""

    Trade Marks Nos. 2 and 3, above illustrated, are to be associated with each other and with the marks "Essomarine and 'Essoline applications for the registration of which 2 marks have also been filed.

    Facsimiles of the said Trade Marks can be seen at the offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

541

(FILE No. 9 OF 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company, of No. 100 West 10th Street, Wilmington, Delaware, United States of America, and No. 26 Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong, have on the 11th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

ESSOLENE

(2)

ESSOMARINE

in the name of Standard-Vacuum Oil Company, who claim to be the sole proprietors thereof.

The above Marks are to be registered in Class 47. Mark No. 1 is to be registered in respect of illuminating, heating and lubricating oils, spirits and greases and liquid motor fuel.

Mark No. 2 is to be registered in respect of lubricating oils and lubricating greases.

The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

The said Trade Marks are to be associated with one another and with the words Esso and "Essolube applications for registration of which Marks have also been filed.

Facsimiles of the said Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

(FILE No. 497 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that W. & A. Gilbey

Ltd. of l'antheon, London, England have

on the 28th day of November, 1934, applied for

(FILE NO. 22 of 1935) TRADE MARKS ORDINANCE 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broad- way, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong have on the 17th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz :-

(1)

-:

行孚美

MEI FOO

(2)

STANDESOL

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark 1) is associated with Trade Mark No. 175 of 1909 and has been hitherto used by the applicants in respect of Petroleum and Pro- ducts of Petroleum with or without admixture of other materials in Class 47.

Mark (2) is associated with Trade Marks Nos. 101a of 1894 and 96 of 1934 ani has been hitherto used by the applicants in respect of Petroleum and Products of Petroleum with or without admixture of other materials and in particular for automotive fuel in Class 47.

Dated the 1st day of February, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

Asst. General Manager.

(FILE NO. 15 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Tin Yick

the registration in Hong Kong in the Register N Ching Kee Firm, of No. 112, Jervois

of Trade Marks of the following Trade Marks viz :-

(1)

GILBEYS DRY GIN

LONDONA

(2)

Spay-Royal Scotch Whisky

LEGYEN TEN YEARS OLD

in the name of the said W. & A. Gilbey Ltd. who claim to be the proprietors thereof.

The Trade Marks Nos. and 2 are intended to be used by the Applicants in respect of Fer- mented liquors and spirits in class 43. They are associated with each other and with Trade Mark No 163 of 1: 25.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day February, 1935.

RUSS & CO. Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

Street, Hong Kong, have on the 14th day of January, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

*@*

IKKE

in the name of The Tin Yick Ching Kee Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth-

with by the applicants in respect of White Lead Powder inlass 1.

Registration of this mark shall give no right

to the exclusive use of the Chinese characters (Tin Yick Ching Kee)

66

天從貞記

as they are not represented in a special or

particular manner.

Dated the 1st day of February, 1935.

THE TIN YICK CHING KEE FIRM,

No. 112, Jervois Street,

Hong Kong Applicants.

(FILE No. 518 of 1934) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Chan

Wing Iling Firm, (*) of No.

24 Pine Street, Tai-kok-tsui, Kowloon, in the Colony of Hong Kong, General Merchants, on the 20th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

記為哝兒孩黄

仙海劉止

張開咀的大漭香

in the name of Chan Wing Hing Firm,

i

) who claim to be the proprietors

thereof.

542

(FILE No. 1 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Chan

(FILE No. 23 of 1935). TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Wing Hing Firm) NOTICE is hereby given that Philadelphia

of No. 28 Pine Street, Tai-kok-tsui, Kowloon, in the Colony of Hong Kong, General Merchants on the 2nd day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz:-

香名頭點佛]

in the name of Chan Wing Hing Firm, (

The Trade Mark is intended to be used by) who claim to be the sole proprietor

the Applicants forthwith in Class 50 in respect of Incensed joss sticks.

        Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks, and also at the undersigned.

Dated the 1st day of February, 1934.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central, Hong Kong.

(FILE No. 525 OF 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that the Cooper- atieve Condensfabriek Friesland of Kanaalweg 228-30 Leeuwarden Holland have on the 28th day of December, 1934, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark viz:-

BRAND

For

INFANTS INVALIDS

and

GROWN UPS

MILK POWDER

粉奶牛等5牌秋千

in the name of the said Cooperatieve Condens-

6.

      fabriek Friesland" who claim to be the proprietors thereof.

      The Trade Mark is intended to be used by the Applicants in respect of Milk and milk powder in class 42.

       Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day of February, 1935.

RUSS AND CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

thereof.

The Trade Mark is intended to be used by the Applicants forhtwith in Class 50 in respect of Incensed joss sticks.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 1st day of February, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 17 of 1935). TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Delco Ap- pliance Corporation, a corporation organized and existing under the laws of the State of Delaware, doing business in the City of Rochester, State of New York, United States of America, have on the 15th day of January, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

--

DELCO-LIGHT

in the name of Delco Appliance Corporation,

who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants since the year 1916, in respect of the following goods:-

Internal combustion engines, generators, dynamo-electric machines, dynamo brushes, magnetos and electric water pumps, electric light and power plants and air compressors, in Class 6.

Dated the 1st day of February, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

Hong Kong.

Storage Battery Company, a corpora- tion organized and existing under the laws of the State of Pennsylvania. one of the United States of America, and located at Ontario & C Streets, City of Philadelphia, State of Pennsy- Ivania, United States of America, have on the 18th day of January, 1935, applied for registra- tion, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

PHILCO

in the name of Philadelphia Storage Battery Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants since September, 1922, in respect of the following goods :-

Telephonic, telegraphic and television

apparatus of all kinds, their parts and accessories, dry cell or storage batteries, their parts and supplies, radio receiving sets, radio speakers and radio parts and supplies, phonographs and parts, electric switches and electric time switches, in Class 8.

Dated the 1st day of February, 1935.

N

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 14 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that N. Mohame- dally of No. 27, Wyndham Street, Vic- toria, in the Colony of Hong Kong, have on the 1st day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of N. Mohamedally, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 3, in respect of Chemical substances prepared for use in Medicine and pharmacy since 1929.

Dated the 1st day of February, 1935.

A. EL ARCULLI, Solicitor for the Applicants, No. 10, Ice House Street,

Hong Kong.

(FILE No. 498 OF 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Yuen Kwong Wo Firm, (##) of No. 112, Jervois Street, Victoria, Hong Kong, proprietors of the Lee Hing Company (F) have, by an application

dated the 27th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEST

QUALITY

543

(FILE No. 487 OF 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE No. 486 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Sang Kee

Firm (4) of No. 6 Con-Night Factory, of No. 23 Yen Chow

naught Road, West, (First floor), Victoria, in the Colony of Hong Kong, have, on the 15th day of November, 1934, applied for the regis- tration in Hong Kong in the Register of Trade

Marks of the following Trade Mark :-

行發

記生

:-

KKM

SIN *

OTICE is hereby given that Java Flash-

Street, Shumshuipo, Kowloon, in the Colony of 1934, applied for the registration in Hong Hong Kong, have on the 14th day of November, Kong, in the Register of Trade Marks, of the

following Trade Mark viz:-

COCK

BRAND

TRADE

品牌

MARK

ULTRAMARINE BLUE

in the name of the said Yuen Kwong Wo Firm proprietors of the Lee Hing Company, who claim to be the proprietors thereof.

     The Trade Mark has been used by the applicants in respect of Ultramarine Blue in Class 1 for the last 25 years or thereabouts.

Dated the 7th day of December, 1934.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 488 of 1934)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Lung Kai

      Bros. Knitting Factory of No. 222, Tung Choi Street, Kowloon, in the Colony of Hong Kong, have on the 16th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

KAI FACTORY

LUNG

牌魚飛

FLYING FISH

廠造織弟兄溪龍

in the name of the Lung Kai Bros. Knitting

Factory, who claim to be the proprietors there-

.of.

     The Trade Mark is intended to be used forth- with by the applicants in respect of Singlet, Hosiery and other ready made clothing in Class 38.

Facismiles of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 7th day of December, 1934.

LUNG KAI BROS. KNITTING FACTORY, No. 222, Tung Choi Steet, Kowloon, Applicants.

in the name of the said Sang Kee Firm, who claim to be proprietors thereof.

The said Trade Mark is intended to be used by the applicants forthwith in respect of Chinese paper in Class 39.

The applicants disclaim the right to the ex- clusive use of all the Chinese characters and of the device of the national flag of the Chinese Republic appearing on the mark.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 7th day of December, 1934.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

(FILE No. 496 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

in the name of the said Java Flashlight Fac- tory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Flashlight in Class 8.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 7th day of December, 1934.

RUSS & CO.,

Solicitors for the Applicants,

No. 6, Des Vœux Road Central, Hong Kong.

(FILE No. 492 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that George Dobie NOTICE is hereby given that the Shing

and Son Limited, of Four Square Works, Paisley, Scotland, on the 16th day of October, 1934, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

FOUR SQUARE

in the name of the said George Dobie & Son Limited, who claim to be the proprietors there- of.

The Trade Mark has been used by the Ap- plicants in respect of Tobacco, whether manu- factured or unmanufactured in Class 45.

Dated the 7th day of December, 1934.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

Hong Kong.

Hing Company (誠興公司)

of No. 80, Prince Edward Raod, Kowloon, Hong Kong, have, by an application dated the 22nd day of November. 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Shing Hing Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Matches in Class 47.

Dated the 7th day of December, 1934.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicants, St. George's Building,

Hong Kong.

544

人與日承受生經啓

九 並及後頂經傢由者

不華怡人已私各香 五資洋隆擬立裝股港出承 年資興仍約修東梅

清轕全用收按議芳項頂 月還未記怡定櫃决街 卅 及清欄隆訂銀將二 日 交者有興期両全十 涉欠名三赊盆一 特由到字月出生號 此出各在二貨意二 出承聲頂號上賬連十 頂損明人貨列交等同二 人人 怡揭地易項招號 怡集 隆附址清賣牌怡 興會照楚與舖隆 理常交集底興 安保營易福貨全 承等業之堂物記

堂 頂項倫後承架欄

Trade and Shipping

Returns for the month of December, 1934.

OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

THE TRADE MARKS ORDINANCE (No. 40 of 1909)

Price $1.00 per copy obtainable at

Noronha and Company

Government Printers

Printed and Published by NORONHA & Co., Printers to the Hong Kong Governmeni

IKKAI JOV

546

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 34. The following Bills are published for general infor- mation:-

A BILL

[No. 50:-27.12.34.--1.]

Short title.

Amendment

of Ordinance

No. 39 of

1931, s. 7 (1).

New section 11A for Ordinance

No. 39 of

1931.

When duty imposed on tobacco grown in

the Colony is payable.

INTITULED

An Ordinance to amend the Tobacco Ordinance, 1931.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Tobacco Amend- ment Ordinance, 1935.

2. Sub-section (1) of section 7 of the Tobacco Ordinance, 1931, is amended by the deletion of all the words after the word "tobacco" in the sixth line thereof.

"

3. The Tobacco Ordinance, 1931, is amended by the insertion of the following new section after section 11 thereof :-

11A. Any duty which may be imposed on tobacco which has been grown in the Colony shall be payable as follows:-

(a) unless the tobacco is removed from the premises of the grower to a general bonded or licensed warehouse, or for the purpose of export, under a removal or export permit as the case may be, the duty shall be payable before removal from such premises.

(b) If the tobacco is so removed into a general bonded or licensed warehouse, the duty shall be payable before the removal of the tobacco from such general bonded or licensed warehouse, or from some other general bonded or licensed warehouse in which the tobacco has been stored with the per- mission of the Superintendent, unless such removal is for immediate export.

Objects and Reasons.

1. The purpose of this amending Ordinance is to enable duties to be imposed on tobacco which has been grown in the Colony.

2. "Tobacco" is defined by section 2 (m) of the principal Ordinance (No. 39 of 1931) as including all tobacco other than growing tobacco, whether manufactured or not.

547

3. Section 7 (1) of the principal Ordinance permitted the Legislature, by resolution, to impose new duties only on tobacco thereafter imported into the Colony or already in the Colony at the time of coming into operation of such resolution. Section 2 of the amending Ordinance removes that restriction.

4. Section 3 of the amending Ordinance adds a new section, 11A, to the principal Ordinance providing for the time of payment of any duty which may be imposed on tobacco grown in the Colony.

C. G. ALABASTER,

Attorney General.

December, 1934.

A BILL

[No. 3:-7.2.35.-1.]

INTITULED

An Ordinance to amend The Tung Wah Hospital, Ordinance,

1930.

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

1. This Ordinance may be cited as The Tung Wah Short title. Hospital Amendment Ordinance, 1935.

2. Section 5 of The Tung Wah Hospital Ordinance, Amendment 1930, is amended-

و

(a) by the substitution of "paragraph (h)'' for

"paragraph (i)" in the first line of sub-section (5);

(b) by the substitution of "effected" for "affected" in

the fifth line of sub-section (6).

of Ordinance No. 31 of 1930, s. 5.

3. Section 8 of The Tung Wah Hospital Ordinance, Amendment 1930, is amended-

"

(a) by the substitution of "ten" for "eighteen" in the second line of sub-section (1);

(b) by the substitution of "twenty" for "thirty" in the second line of sub-section (1);

(c) by the substitution of "three" for "six" in the first line of sub-section (2);

(d) by the addition of the following additional proviso after the word "completed" at the end of sub-section (4) :

; provided also that, if for any reason it shall be impracticable to secure the continuance of such Directors or any of them in office, it shall be lawful for the

of Ordinance No. 31 of 1930, s. 8.

548

Governor to appoint a sufficient number of temporary Directors to act until the election of their successors shall have been completed.

Objects and Reasons.

1. Section 2 of this Ordinance corrects two typographical errors in section 5 of the principal Ordinance.

2. Section 3 makes various amendments in section 8 of the principal Ordinance which result from difficulties which have arisen in securing the election of a sufficient number of Directors of The Tung Wah Hospital for the year 1935.

3. Sub-sections (1) and (2) of section 8 provided that the number of Directors should be not less than eighteen, and not more than thirty of whom at least six should be residents of Kowloon or New Kowloon.

or New Kowloon. This amending Ordinance reduces these numbers to ten, twenty and three respectively.

4. Sub-section (4) of section 8 terminated the period of office of the Directors for any one year at the end of that year, with a proviso to the effect that if the election of the Directors for the following year should not have been completed in time their predecessors should continue in office.

5. The Directors for 1934 have consented to continue in office under the proviso; but only for a short time, and as it may take some time to secure even the reduced number of Directors now contemplated, this amending Ordinance adds a further proviso giving His Excellency the Governor power to appoint a sufficient number of temporary Directors.

February, 1935.

C. G. ALABASTER,

Attorney General.

549

[No. 35-18.1.35.-6.]

A BILL

INTITULED

An Ordinance to amend the Liquors Ordinance, 1931.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Liquors Amend- Short title. ment Ordinance, 1935.

of Ordinance para (8A)

2.-(1) Section 2 of the Liquors Ordinance, 1931, is New amended by the addition of the following paragraph numbered (8A) immediately after paragraph (8) thereof :-

(8A) "Distillery licence" means a licence authorising the person named therein to use one or more stills on the premises named therein for the purpose of making, distilling or rectify- ing spirits, and to sell such spirits.

No. 36 of 1931, s. 2.

No. 36 of

(2) Section 2 of the Liquors Ordinance, 1931, is also Amendment amended in paragraph (14) (b) thereof by the substitution of Ordinance of the words "a bona fide meal for which a charge of at least 1931, s. 2. thirty cents can reasonably be made" for the words "the (14) (3). regular meals of the establishment."

section (3)

3. Section 6 of the Liquors Ordinance, 1931, is amended New sub- by the addition of the following sub-section at the end thereof :---

(3) No person shall for or on behalf of any other person accept or receive orders for, or import on commission or act as agent for the import of, any intoxicating liquor in quantities exceeding two gallons at one time without an appropriate licence under which the licensee is permitted to sell such liquor as a dealer.

4. Section 9 of the Liquors Ordinance, 1931, is amended by the addition of the following sub-section at the end

thereof :-

(8) The Board shall meet annually in November and at such other times as may be necessary for the transaction of licensing business.

of Ordinance No. 36 of 1931, s. 6.

New sub- section (8)

of Ordinance No. 36 of 1931, s. 9.

5. Section 15 of the Liquors Ordinance, 1931, is amended Amendment by the insertion of the words "address and" immediately be- of Ordinance fore the word "proposed" in the sixth line thereof.

No. 36 of 1931, s. 15.

6. The Liquors Ordinance, 1931, is amended by the New insertion of the following head-note and section, numbered section 17A 17A, immediately after section 17 thereof:

Temporary permits.

of Ordin-

ance No. 36 of 1931.

for tempor-

17A. (1) The Secretary to the Board may in his discre- Provision tion issue a special and temporary permit, in respect of any ary permit premises for which a publican's licence, restaurant adjunct during licence or hotel keeper's adjunct licence has been granted, of licensee. authorising the person named in such permit to have the

illness etc.

-

Substitution

for Ordinance

No. 36 of 1931, s. 18.

Transfer

of licence. Second Schedule.

Substitution

for Ordin-

ance No. 36

of 1931,

s. 22 (1) (a).

Amendment

of Ordinance No. 36 of

1931, s. 61.

550

management and control of the licensed premises during the illness or temporary absence from the Colony of the licensee: Provided that no such permit shall be granted for a period longer than three months.

(2) The fee for every such permit shall be ten dollars payable in advance.

(3) During the period for which any such permit is issued the person to whom it is issued shall be deemed to be a licensed person for the purposes of this Ordinance.

7. Section 18 of the Liquors Ordinance, 1931, is repealed and the following section substituted therefor :-

18.-(1) The Board may, in their discretion and subject to the payment of the fee specified in the Second Schedule, on good cause shewn direct the transfer, in respect of the same premises, of any publican's or adjunct licence to some other person, such person making a like application as if applying for a new licence on his own behalf. A note of any such transfer shall be endorsed by the Treasurer upon the licence.

(2) The Board may, in their discretion and on its being proved to their satisfaction that the holder of any publican's or adjunct licence has committed a breach of any term or con- dition of his licence, and whether such holder has been con- victed of such breach or not, direct the cancellation of such licence.

(3) An applicant for a transfer under sub-section (1) and a licensee whose licence is directed to be cancelled under sub-section (2) or, in either case, twenty householders resid- ing within a radius of a quarter of a mile from the licensed premises concerned shall be entitled to appeal to the Governor in Council in respect of any decision of the Board under this

section.

8. Paragraph (a) of sub-section (1) of Section 22 of the Liquors Ordinance, 1931, is repealed and the following paragraph is substituted :

(a) No liquor shall be sold or drunk on any licensed premises except between such hours as may be prescribed by the conditions of the licence.

9. Section 61 of the Liquors Ordinance, 1931, is amended by the insertion of the words "Save as provided by section 4" at the beginning thereof.

Objects and Reasons.

1. When the Liquors Ordinance, 1931, was submitted to the Secretary of State, he suggested in his dispatch of the 1st April, 1932, that certain minor amendments were desirable when a suitable opportunity of amending the Ordinance occurred. These are dealt with in Clauses 2, 4, 5 and 9 of this Bill.

2. Clause 2 inserts in section 2 of the principal Ordinance a definition of "distillery licence" which has been drafted after consultation with the Superintendent of Imports and Exports. Clause 2 also amends the definition of "Hotel Keeper's adjunct licence" to conform more closely with the definition of "Restaurant adjunct licence" and to enable holders of Hotel Keeper's adjunct licences to sell liquor to non-residents in conjunction with any bonâ fide meal, and not

with tha rocular maals

551

3. Clause 4 provides for meetings of the Board, annually in November and on other occasions when necessary.

4. Clause 5 by adding the words "address and" in section 15 of the principal Ordinance gives persons living in the vicinity of premises in respect of which application for a licence is made a better opportunity of identifying the premises in case they wish to oppose the application or to appeal to the Governor in Council against a decision of the Licensing Board under section 13.

5. The effect of the words added by clause 9 to section 61 of the principal Ordinance is to remove a conflict between that section and section 4.

6. Clause 3 re-introduces, with a slight modification, into section 6 of the principal Ordinance the provisions of section 6 (3) of the old Liquors Ordinance (No. 9 of 1911) which were considered unnecessary when the Liquors Ordinance of 1931 was framed but the inclusion of which has since been found desirable.

7. Clause 6 inserts in the principal Ordinance a new provision (section 17A) for the issue by the Secretary of the Licensing Board of special permits enabling the control and management of licensed premises to be taken over temporarily by another person during the illness or temporary absence of the licensee. A fee of $10 is prescribed for every such permit, and during the currency of a permit the holder is deemed to be the person licensed in respect of those premises.

8. Clause 7 substitutes for section 18 of the principal Ordinance a new section the provisions of which have been found by experience to be necessary.

The law as it stands precludes the transfer of a licence without the consent of the original licensee, and hence the licensed nominee of a firm or company owning licensed premises could, if dismissed, bring the whole business to a standstill by refusing his consent to any transfer of the licence. Again, if a licensee leaves the Colony in breach of a condition of his licence the same impasse arises, since the Ordinance makes no provision for forfeiture of a licence except under section 85 on a second or subsequent conviction of the licensee by a magistrate.

The new section by sub-section (1) empowers the Board on good cause shewn to direct the transfer of a licence; by sub-section (2) further empowers the Board, on the breach of a term or condition thereof, to order the cancellation of a licence; and by sub-section (3) the right of appeal to the Governor in Council against a decision of the Board under this section is given to

(a) an aggrieved applicant for transfer under sub-section (1);

(b) a licensee whose licence is directed to be cancelled. under sub-section (2); and

(c) in either case, to twenty interested householders living near the licensed premises affected.

9. Clause 8 substitutes a new paragraph for paragraph (a) of section 22(1) of the principal Ordinance, which will enable the Governor in Council, by the exercise of his powers under section 88 (7) of the principal Ordinance, to prescribe the hours between which liquor may be sold or drunk on licensed premises.

C. G. ALABASTER,

Attorney General.

January 1935.

552

NOTICES.

COLONIAL SECRETARY'S DEpartment.

No. S. 35.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st January, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

20,839,884

8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

135,750,176

132,750,000†

2,011,840

1,350,000$

TOTAL

158,601,900

142,400,000

*In addition Sterling Securities are deposited with the Crown Agents valued at £780,200.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

8th February, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

 No. S. 36. The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

8th February, 1935.

1112-1124

W. T. SOUTHORN,

Colonial Secretary.

553

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 37.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

Tender for Site Formation of Messrs. Hop Shing & Co.

the New Wanchai Market.

S. 443 of 21.12.34.

Tender for the supply of Pri- Messrs. Hop Kee.

soners' Provisions, etc.

S. 446 of 20.12.34.

S. 445 of 19.12.34.

S. 415 of 23.11.34.

S. 444 of 19.12.34.

Tender for Mount Parker Catch- Messrs. Lam Construction Co.

water-Second Section.

Tender for Supply of Uniform

to Hong Kong Naval Volun- teer Force.

Messrs. Wm. Powell, Ltd. and

Messrs. Hong Sing.

Tender for New Magistracy, Messrs. Tak Hing & Co.

Kowloon.

8th February, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 38.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer,

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

8th February, 1935.

554

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 39.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America,

including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

8th February, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

No. S. 40.-It is hereby notified that the following Sale of Crown Land by Public Action, will be held at the Offices of the Public Works Department on Monday, the 25th day of February, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

of

Registry No.

Locality.

Sale.

N.

1

New Kowloon

Inland Lot No. 2362.

Adjoining New Kowloon

Inland Lot No. 2339.

8th February, 1935.

Boundary Measurements.

Contents

in

Sq. feet.

Annual Upset Rent. Price.

E.

W.

feet.

feet. feet.

feet.

$

About

As per sale plan.

19,530

224

9,765

R. M. HENDERSON,

Director of Public Works

IN THE SUPREME COURT OF HONG KONG,

IN BANKRUPTCY,

No. 14 of 1932.

Re Wong Wing Yuet, of No. 24 Stanley Street, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Court

N has appointed 2nd day of March,

    1935, at 10 o'clock in the forenoon, for hearing the application for discharge of the above- named debtor.

Dated the 8th day of February, 1935.

JAMES J. HAYDEN,

Official Receiver.

556

IN THE SUPREME COURT OF HONG KONG.

N

PROBATE JURISDICTION.

In the Goods of Gregorio Tolentino late of Manila in the Philippine Islands, Gentleman, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 28th day of February, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of February, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Executrix, Prince's Building, Ice House Street, Hong Kong.

(FILE No. 6 of 1935) TRADE MARKS ORDINANCE, 1909

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Gee

Cheun & Co., (#AJ)

of No. 36, Connaught Road West, Victoria, in the Colony of Hong Kong, have, on the 7th day of January, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent

Transfer of Businesses Ordinance No. 25 of 1923, Notice is hereby given that Lo Leung

Hok() trading under the style or firm of Wan Kau Boarding House (寰 球旅店) at No. 157, Connaught Road

Central, Victoria, in the Colony of Hong Kong, Boarding House Keepers (hereinafter called "the Transferor") has agreed to transfer to

(FILE NO. 439 of 1934) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Chu Hok

Ming, of No. 4, Shum Chun Street,

Ground Floor, Kowloon, Hong Kong, have on the 18th day of October, 1934, applied for the registration in Hong Kong, in the Register of

Wong Kin() and Fung King (Trade Marks, of the following Trade Mark:-

both of No. 92, Connaught Road West,

(1st floor), Victoria, aforesaid (hereinafter call- ed "the Transferees ") Ali That the business of the Wan Kau Boarding House including the goodwill sign boards furniture fixtures, fittings goods chattels and effects of the said Boarding house together with its rights and benefits in the Boarding House association of Hong Kong. The Intended Transferees intend to carry on the said business at the same address and will not assume the liabilities incurred in the busi- ness of the Transferor prior to the 9th day of March, 1935.

Dated the 7th day of February, 1935.

JOHNSON, STOKES & MASTER, Solicitors for both parties.

白告項承

一涉頂等日三行號 千此人情前月頂圖林者 九佈概請所九與別合本 百不于欠號陳業益港 資未債交福願洗九 十責交項易興將衣龍 五及易担用承全店紅 年自前保合受盤原磡 後與貨益定生係保

堂心問

製監鳴鶴朱

品药牌

in the name of Chu Hok Ming, who claims to be the proprietor thereof.

The above Trade Mark is intended to be used by the applicant in respect of Medicines in Class 3.

Dated the 14th day of December, 1934.

CHU HOK MING, Applicant.

The Hong Kong

Government Gazette

GROWERS NARCISSUS GEE CHEUN

in the name of The Gee Cheun & Co., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 46 in respect of Narcissus Bulbs.

Registration of this Trade Mark shall give no right to the exclusive use of the representa- tions of Narcissus Bulbs and flowers and the pot and the words "Gee Cheun."

Facsimiles of the said Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also of the under- signed.

Dated the 8th day of February, 1935.

LEO D'ALMADA & CO., Solicitors for the Applicants,

1st floor, David House,

Hong Kong.

Trade and Shipping

Returns for the month of December, 1934.

Co1

OMPILED by the Statistical Branch of the Imports and Ex-

ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers 18, Ice House Street.

人人

陳林

月生林賬星期意林其 A GAMA Per annum (payable in advance),..

意合附記於招李利 號 盈盆揭名一牌氏街 承出 虧理會字千舖開門 頂頂 與項營九 設牌

該一及業百傢今

- * - 林經華該三私因百 合交洋林+什林五 Repetitions,

Local Subscription.

$18.00

Half year,

(do.),

Three months,

(do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 liues and under,... Each additional line,

Chinese, per Character,

福李

興氏

無承轕益年盡氏三| Friday's issue.

$1.00}

for 1st

$0.20 insertion.

5 cents.

Half price.

益易轉合五物李 + Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in

THE

TRADE MARKS ORDINANCE

(No. 40 of 1909)

Price $1.00 per copy

obtainable at

Noronha and Company Government Printers

10.00 6.00

557

(FILE No. 275 of 1934).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that The Bridgestone Tyre Company Limited, of No. 105, Kyomachi, City of Kurume, Japan, on the 12th day of June, 1934, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz :-

Bridge BS Stone

in the name of the said Bridgestone Tyre Company Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of All kinds of tyres and tubes for wheels of automobiles, bicycles, auto- bicycles or any other wheels in Class 40.

This mark is to be associated with Trade Mark No. 49 of 1932, and the Applicants disclaim the right to the exclusive use of the letters "B.S.

Dated the 11th day of January, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building, 2nd Floor, Hong Kong.

""

(FILE No. 248 OF 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE NO. 503 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that The NOTICE is hereby given that The Yue

General Electric Company Limited a British Company of Magnet House, Kingsway, London, W.C. 2, England, Manufacturing Elec- trical Engineers, have on the 26th day of April, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

-

Cheong Firm (裕昌號)

of No. 27, Jervois Street, Victoria, in the Colony of Hong Kong, have, by an application dated the 5th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :--

(1)

( 2 )

G.E.C.

in the name of The General Electric Company Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in Class 6 in respect of Machinery of all kinds and parts of machinery, except agricultural and horticultural machines includ- ed in Class 7, in Class 8 in respect of Wireless and other telephonic and telegraphic apparatus and parts and fittings for such apparatus, electric batteries and accumulators and electric measuring instruments, and in Class 13 in respect of electrical goods and fittings of ordinary metal, elecuric lamps and all other electrical goods of ordinary metal included in Class 13.

The mark has been declared to be distinctive by order of His Excellency the Governor under Section 9(5) of the Trade Marks Ordinance 1909 in Classes 6 and 8. In Class 13 the said Trade Mark is to be associated with Trade Mark No. 324 of 1919.

A fascimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 14th day of December, 1934.

DEACONS,

Solicitors for the Applicants,

No. 1, Des Vœux Road Central,

Hong Kong.

sweet

Hower

SOAP

in the name of the said Yue Cheong Firm, who claim to be the proprietors thereof.

The said Trade Marks have been used by the applicants since May, 1934, in respect of Toilet Soap in Class 48.

<<

The Sweet Flower" mark is limited to the colours exactly as shown on the mark affixed to the application for registration.

The applicants disclaim the right to the exclusive use of the Letters "Y.Y.Y. ing on the "Gold Soap " Mark and the words appear- "Sweet Flower" appearing on the "Flower Mark.

11

Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 14th day of December, 1934.

LEO D'ALMADA & CO., Solicitors for the Applicants, David House, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

560

LEGISLATIVE COUNCIL.

No. S. 41. The following Bills were read a first time at a meeting of the Council held on the 14th February, 1935:-

A BILL

[No. 50--27.12.34.--1.]

Short title.

Amendment

of Ordinance

INTITULED

An Ordinance to amend the Tobacco Ordinance, 1931.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Tobacco Amend- ment Ordinance, 1935.

2. Sub-section (1) of section 7 of the Tobacco Ordinance, 1931, is amended by the deletion of all the words after the 1931, s. 7 (1). word "tobacco" in the sixth line thereof.

No. 39 of

New section 11A for

Ordinance

No. 39 of 1931.

When duty imposed on tobacco grown in

the Colony is payable.

,

3. The Tobacco Ordinance, 1931, is amended by the insertion of the following new section after section 11 thereof :-

11A. Any duty which may be imposed on tobacco which has been grown in the Colony shall be payable as follows

(a) unless the tobacco is removed from the premises of the grower to a general bonded or licensed warehouse, or for the purpose of export, under a removal or export permit as the case may be, the duty shall be payable before removal from such premises.

(b) If the tobacco is so removed into a general bonded or licensed warehouse, the duty shall be payable before the removal of the tobacco from such general bonded or licensed warehouse, or from some other general bonded or licensed warehouse in which the tobacco has been stored with the per- mission of the Superintendent, unless such removal is for immediate export.

Objects and Reasons.

1. The purpose of this amending Ordinance is to enable duties to be imposed on tobacco which has been grown in the Colony.

2. "Tobacco" is defined by section 2 (m) of the principal Ordinance (No. 39 of 1931) as including all tobacco other than growing tobacco, whether manufactured or not.

561.

3. Section 7 (1) of the principal Ordinance permitted the Legislature, by resolution, to impose new duties only on tobacco thereafter imported into the Colony or already in the Colony at the time of coming into operation of such resolution. Section 2 of the amending Ordinance removes that restriction.

4. Section 3 of the amending Ordinance adds a new section, 11A, to the principal Ordinance providing for the time of payment of any duty which may be imposed on tobacco grown in the Colony.

C. G. ALABASTER,

Attorney General.

December, 1934.

[No. 3-7.2.35.-1.]

A BILL

INTITULED

An Ordinance to amend The Tung Wah Hospital Ordinance,

1930.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Tung Wah Short title. Hospital Amendment Ordinance, 1935.

2. Section 5 of The Tung Wah Hospital Ordinance, Amendment 1930, is amended--

(a) by the substitution of

"paragraph (h)" for

of Ordinance No. 31 of 1930, s. 5.

"paragraph (i)" in the first line of sub-section (5);

(b) by the substitution of "effected" for "affected" in the fifth line of sub-section (6).

3. Section 8 of The Tung Wah Hospital Ordinance, Amendment 1930, is amended-

(a) by the substitution of "ten" for "eighteen" in the second line of sub-section (1);

(b) by the substitution of "twenty" for "thirty" in the second line of sub-section (1);

(c) by the substitution of "three" for "six" in the first line of sub-section (2);

(d) by the addition of the following additional proviso after the word "completed" at the end of sub-section (4):

; provided also that, if for any reason it shall be impracticable to secure the continuance of such Directors or any of them in office, it shall be lawful for the

of Ordinance No. 31 of 1930, s. 8.

562

Governor to appoint a sufficient number of temporary Directors to act until the election of their successors shall have been completed.

Objects and Reasons.

1. Section 2 of this Ordinance corrects two typographical errors in section 5 of the principal Ordinance.

2. Section 3 makes various amendments in section 8 of the principal Ordinance which result from difficulties which have arisen in securing the election of a sufficient number of Directors of The Tung Wah Hospital for the year 1935.

3. Sub-sections (1) and (2) of section 8 provided that the number of Directors should be not less than eighteen, and not more than thirty of whom at least six should be residents of Kowloon or New Kowloon. This amending Ordinance reduces these numbers to ten, twenty and three respectively.

4. Sub-section (4) of section 8 terminated the period of office of the Directors for any one year at the end of that year, with a proviso to the effect that if the election of the Directors for the following year should not have been completed in time their predecessors should continue in office.

5. The Directors for 1934 have consented to continue in office under the proviso; but only for a short time, and as it may take some time to secure even the reduced number of Directors now contemplated, this amending Ordinance adds a further proviso giving His Excellency the Governor power to appoint a sufficient number of temporary Directors.

[

February, 1935.

C. G. ALABASTER,

Attorney General

563

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 42.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer,

15th February, 1935.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 43.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

15th February, 1935.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

564

HARBOUR DEPARTMENT.

   No. S. 44. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to No. 1, Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 1st day of March, 1935.

   A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

   The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

12th February, 1935.

G. F. HOLE,

Harbour Master, &c.

HARBOUR DEPARTMENT.

   No. S. 45.-Tenders are invited from authorized Arms dealers in the Colony, or any person approved by the Hon. I. G. P. for the purchase of the unclaimed goods as set out below now lying at the Government Gunpowder Depot at Green Island. The goods can be seen on application to the Harbour Master: -

18 cases 7.92 rifle ammunition, purporting to contain 25,605 rounds.

8 cases 7.63 mauser pistol ammunition, purporting to contain 40,000 rounds.

Terms of payment:-Net cash before delivery payable to the Harbour Master. Purchaser to be responsible for any storage fees incurred between the date of payment and date of removal of ammunition from the Depot.

Exportation of this ammunition to China can only be authorized on production of a valid Huchao issued by the Central Government of China.

Each tenderer must produce with his tender a receipt to show that he has deposited in the Colonial Treasury the sum of $25 (dollars twenty-five) as a pledge of the bona fides of his tender. The said deposit shall be forfeited to the Crown should the Tenderer refuse or fail to carry out to the satisfaction of the Government any tender which shall be accepted.

   The deposit shall be returned to any tenderer whose tender is not accepted and to the successful tenderer on payment to the Harbour Master of the sum tendered and accepted.

The Government does not bind itself to accept the highest or any tender and reserves to itself the option of accepting for all or any part of the tender.

Tenders in triplicate, which should be clearly marked "Tender for purchase of Ammunition will be received at the Colonial Secretary's Office until Noon of Monday, the 4th day of March, 1935.

G. F. HOLE,

Harbour Master, &e.

15th February, 1935.

565

PUBLIC WORKS DEPARTMENT.

  No. S. 46. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Chinese Type Houses Wong Ma Kok ", will be received at the Colonial Secretary's Office until Noon of Monday, the 4th day of March. 1935. The work comprises the necessary site formation and erection of a block of eight Chinese type houses in grey brick as per plan which can be seen in this office.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

13th February, 1935.

No. S 47.

R. M. HENDErson,

Director of Public Works.

NOTICE TO MARINERS.

No. 13/1935.

  It is hereby notified that in connection with the laying of the Second Cross Harbour water pipe it is proposed to commence works at Queen's Pier which will obstruct the entrance to and the roadway at that pier for a period of approximately four weeks.

The Pier will accordingly be closed to all craft.

Harbour Department,

12th February, 1935.

G. F. HOLE,

Harbour Master, &c.

COLONIAL SECRETARY'S Department.

No. 83.-Notice is hereby given that the Governor proposes to make an order under the Streets (Alteration) Ordinance, 1923, for the permanent closure of the unnamed street in the City of Victoria on the south-west side of Inland Lot No. 86 joining Wanchai Road and Queen's Road East.

Any person objecting to the proposed order must send his objection in writing to the Colonial Secretary so as to reach the office of the Colonial Secretary not later than the 14th day of February, 1935.

Such objection must state the reasons therefor and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

1st February, 1935.

W. T. SOUTHORN,

Colonial Secretary.

576

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 48.-The following Bill is published for general infor-

mation:-

Short title.

Amendment

[No. 47/34-28.1.35.-5.]

A BILL

INTITULED

An Ordinance to amend the Rating Ordinance, 1901.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as fol- lows:-

1. This Ordinance may be cited as the Rating Amend- ment Ordinance, 1935.

2. The Rating Ordinance, 1901, is amended by the of Ordinance addition of the following heading and section at the end

No. 6 of

1901 by

addition of now s. 49

thereof :-

and heading. Modifications in New Territories (other than New Kowloon).

Special

49. In their application to the New Territories, other modifications than New Kowloon, the provisions of this Ordinance shall

be subject to the following modifications:----

for rating

in the New Territories, other than New Kowloon.

(1) The powers and duties of the Assessor and of the Treasurer shall be exercised and carried out by the District Officer, North, in respect of the Northern District, and by the District Officer, South, in respect of the Southern District of the said Territories. The office of the appropriate District Officer shall be substituted for the Treasury in Section 14.

(2)(a) Rates shall be assessed, imposed and levied in respect of buildings only, and in such areas only, as may be declared by the Governor in Council to be urban areas. The words "urban area" shall be substituted for the word "district" in lines 2 and 5 of section 15.

(b) Every such urban area shall be delineated and shewn on a plan approved by the Governor in Council and deposited in the office of the District Officer of the district in which such area is situated.

(3)-(a) Rateable buildings shall be classified as follows:-

Special class...Buildings which are valued by the assess- ing officer at over $4,000.

First class......Buildings which are valued by the assess- ing officer at over $2,000 but not over

$4,000.

Second class...Buildings which are

ing officer at over $2,000.

valued by the assess-

$750 but not over

Third class.....Buildings which are valued by the assess-

ing officer at over $200 but not over

$750.

577

(b) No rate shall be imposed in respect of any building of which the value, in the opinion of the assessing officer, is $200 or under.

(c) The assessing officer shall note in every assessment and valuation list made out by him the buildings which he finds neither to have nor to use Government Waterworks water.

(d) The word "tenement" throughout the Ordinance shall mean a building rateable under this section and the words "rateable value" in sections 16 (1) (a) and (d) and 28 (1) shall be read as if the words "true value" were substituted.

(4)-(a) In respect of every building enumerated in the assessment and valuation lists for the New Territories, other than New Kowloon, and according to the classification thereof, and after the time for appealing under section 16 or section 28 has expired, there shall be payable as rates from the 1st July in each year or, in the case of an interim assessment, from the first day of the month next following the assessment, or from such other day as may be fixed by the Governor in Coun- cil, the sums or amounts specified in or ascertained under the following scale.

Class of building.

Third class. If noted in the list as neither having nor using Government Water- works water

If not so noted..

Second class. If noted in the list as neither having nor using Government Water- works water

If not so noted...

Annual Rate.

$2

$4

$6

$12

First class. If noted in the list as neither having nor using Government Water- works water

If not so noted.................

Special class. If noted in the list as neither having nor using Government Water- works water

If not so noted...

$8

$16

$2 per $1000 of the valua- tion.

$4 per $1000 of the valua- tion.

(b) The annual rate provided for in paragraph (a) of this sub-section may be altered by resolution of the Legislative Council.

Ordinance

No. 16 of 1903.

Ordinance No. 34 of 1910.

Ordinance No. 34 of

1910.

578

(c) Nothing in this section shall be deemed to repeal or affect any of the provisions of the Waterworks Ordinance, 1903, or the New Territories Regulation Ordinance, 1910, or any other Ordinance amending or extending the same.

(5) The above rates shall be paid quarterly in advance at the office of the District Officer of the district and the times appointed for payment shall not be notified in the Gazette, but shall be published by him in each urban area in his district.

(6) Where default has been made by any person in pay- ment of any rate, the District Officer shall have the same powers as the Collector of Crown Rent under the Crown Rent regulations made under the New Territories Regulation Ordinance, 1910, and the said Regulations (necessary changes being made) shall apply to the recovery of rates.

(7) Refund of rates may be made by a District Officer on the same terms and subject to the same conditions and right of appeal as those set out in sections 35, 36, 37 and 38: Provided that in the case of a building let to more than one tenant, one or more of the floors of which is unoccupied during one or more entire months of any quarter, it shall be lawful for a District Officer to grant in respect of such non-occupation a refund not exceeding twenty per cent of the rates payable for that quarter.

(8) The forms in the schedule may be adapted and modified as the District Officers may find necessary.

Objects and Reasons.

1. Despite the fact that there is no provision in the Rating Ordinance, 1901, excluding the New Territories from the operation of that Ordinance, no assessment or collection of rates has hitherto been made outside the boundaries of the island of Hong Kong and of Kowloon and New Kowloon.

2. With the granting of certain benefits in the way of street lighting, street maintenance, drainage, water supply, scavenging, etc., to such areas as Taipo Market, Yuen Long, and Tsuen Wan, it is considered that some form of rating should be applied in the case of such urban areas in the New Territories.

3. Accordingly, the present Bill adds to the Rating Ordinance, 1901, a new section (Section 49) in eight sub- sections establishing in the New Territories (other than New Kowloon) a modified system of rating of which the salient features are as follows:-

(a) The District Officers in their respective districts are given the powers and duties of the Assessor of Rates and the Colonial Treasurer under the Ordinance (s.s. 1);

(b) Rates are to be imposed upon such parts of the Territories as are declared by the Governor in Council to be urban areas and in respect of buildings only (s.s. 2);

579

(c) Buildings are to be classified according to their value as assessed from year to year by the District Officers (s.s. 3);

(d) s.s. 4 imposes an annual rate on buildings, graded according to the classification thereof, the rate for a building that enjoys the benefit of a Government water supply being double the rate for one which does not. This annual rate may be altered, as under section 31 (1) of the principal Ordinance, by resolution of the Legislative Council.

(e) s.s. 5 requires all rates to the paid quarterly in advance to the District Officer. The times appointed for pay- ment will be notified in the districts and not in the Gazette as provided by section 32 of the principal Ordinance.

In the event of default in the payment of rates the District Officers are given by s.s. 6 the same power in order to recover the same as the Collector of Crown Rent is given in respect of such rent by the Crown Rent regulations made under the New Territories Regulation Ordinance, 1910. See Regulations of Hong Kong, 1844-1925, p. 410;

(g) s.s. 7 makes special provision for the refund of rates in respect of non-occupation of part of a building;

(h) by s.s. 8 such modifications may be made in the Schedule forms as the District Officers deem necessary.

January, 1935.

C. G. ALABASTER,

Attorney General.

580

No. 49.-The following Bill, as amended by the Standing Law Committee of the Legislative Council, is published for information under Standing Order 27 (14):-

C.S.O. 3090/25.

[No. 8/30-22.2.35.-13.]

A BILL

INTITULED

Short title.

Interpreta- tion.

An Ordinance to make better provision for the Sale of Food and Drugs in an unadul- terated state.

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

1. This Ordinance may be cited as the Adulterated Food and Drugs Ordinance, 1935.

2. In this Ordinance,-

66

Analyst" means the Government Analyst or an analyst appointed by the Governor for the purposes of this Ordinance;

46

Appliance" includes the whole or any part of any utensil, machinery, instrument, apparatus or article used or intended for use in or for the making, keeping, preparing or supplying of any food;

66

Drug" means any substance or mixture of sub- stances used by man as a medicine, whether internally or externally, and includes anæsthetics;

"Food" includes every article which is used for food or drink by man or which enters into or is used in the composition or preparation of any such article and also includes flavouring matters and condiments but does not include drugs or water other than water in the form of ice;

"Officer" means any person authorised in writing by the Urban Council on the recommendation of the Director of Medical and Sanitary Services for the purposes of this Ordinance;

"Package" includes every means by which goods for carriage or for sale are cased, covered, enclosed, contained or packed;

66

"Sale" or "sell" includes barter and also in- cludes offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending or delivering for sale or causing or allowing to be sold, offered or exposed for sale and refers only to sale for human consumption or use.

581

3. (1) It shall be lawful for the Governor in Regulations. Council to make regulations for the following pur-

poses :-

(a) to prescribe the standard of strength, weight, quality or quantity of any food or drug or of any ingredient or component part thereof; (b) to prohibit the addition of any specified thing or of more than the specified quantity or proportion thereof to any food or drug; (c) to prohibit any modes of manufacture, pre- paration or preservation of any food or drug; (d) to secure the cleanliness and freedom from contamination of any food or drug in the course of its manufacture, preparation, stor- age, packing, carriage, delivery or exposure for sale, and to secure the cleanliness of places, receptacles, appliances and vehicles used in such manufacture, preparation, stor- age, packing, carriage or delivery;

(e) to prescribe the mode of labelling food or drugs sold in packages and the matter to be contained or not to be contained in the labels ;

(f) to prescribe the method of analysis of any food or drug and the form of certificate of analysis;

(g) to fix the fees to be paid in respect of the

analysis of any food or drug by an analyst; (h) to prohibit the sale of specified articles of

food otherwise than by weight; and

(i) generally for carrying out the provisions of

this Ordinance.

(2) Any such regulation may be made applicable either to foods or drugs generally or to specified foods. or drugs only.

(3) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legis- lative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

4.-(1) Any officer may

Power of

officers to

(a) at all reasonable times enter into and inspect enter, etc.

any place where there is any food or drug which he has reasonable ground for believing to be intended for sale;

(b) mark, seal or otherwise secure, weigh, count or measure any food or drug the sale, pre- paration or manufacture of which is or appears to be contrary to the provisions of this Ordinance or the regulations made there- under ;

(c) seize any food or drug, wherever found, which is or appears to be unwholesome or dele- terious to health;

Power to demand, select and take samples.

Any person may have sample

analysed.

Samples

how taken.

582

(d) if authorised so to do by the Director of Medical and Sanitary Services, destroy any

food or drug, wherever found, which is decay- ed or putrid;

(e) inspect any food or drug, wherever found, which he has reasonable ground for believing

to be intended for sale.

(2) Any person claiming anything seized under this section may within forty-eight hours after such seizure complain to a magistrate who may either confirm or disallow such seizure wholly or in part and may order the article seized to be restored.

(3) If within forty-eight hours after such seizure no complaint has been made or if such seizure is con- firmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

5.-(1) On payment or tender to any person selling or making any food or drug or to his agent or servant of the current market value of the samples in this section referred to, any officer may at any place demand and select and take or obtain samples of the said food or drug for the purpose of analysis.

(2) Any such officer may require the said person or his agent or servant to show and permit the inspec- tion of the package in which such food or drug is at the time kept and to take therefrom the samples demanded.

(3) Where any food or drug is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the con- tents of such package.

(4) Every person commits an offence who refuses or neglects to comply with any demand or requisition made by an officer in pursuance of this section unless he proves that he had no knowledge or reason to believe that the sample demanded was required for the purpose of analysis.

6. Any person may, on payment of the prescribed fee together with the cost of the sample, require any officer to purchase a sample of any food or drug and submit the same for analysis.

7.-(1) Where it is intended to submit any sample for analysis, the officer purchasing or otherwise pro- curing it shall, before or forthwith after procuring it, inform the seller or his agent selling the article that he intends to have the same analysed by an analyst.

(2) He shall thereupon divide the sample into three parts and shall mark and seal or fasten up, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent.

(3) He shall subsequently deliver, personally, an- other of such parts to an analyst and shall retain the third of such parts.

(4) When any sample for analysis is procured in an unopened package, the officer procuring the same. shall retain such package and at the time of delivering a part of the sample to an analyst shall also deliver to him such package together with any label which may have been attached to the said package at the time it was procured.

583

8.-(1) The certificate of the analyst shall be in Certificate the form prescribed by regulations.

of analyst.

(2) Where any method of analysis, chemical or physical, has been prescribed by regulations for the analysis of any food or drug, any analyst either for the prosecution or defence shall follow and shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.

(3) A copy of the result of any analysis of any food or drug procured by an officer may be obtained from the analyst by the person from whom the article so analysed was purchased or obtained on payment of such fee, not exceeding one dollar, as may be prescribed.

(4) No such copy of an analysis shall be used as an advertisement and if any person so uses it he commits an offence.

9.-(1) If in the opinion of any officer there is rea- Power to sonable ground for suspecting that any person is in call for possession of any food or drug or other substance for the information. purpose of sale or of manufacturing or preparing the same for sale in breach of this Ordinance or the regulations made thereunder, he may require such person to pro- duce for his inspection or to produce to any specially authorized officer any books or documents dealing with the reception, possession, purchase, sale delivery of any such food or drug or other substance.

or

(2) Any officer may make or cause to be made copies of or extracts from any such books or documents, and such copies or extracts certified as such by any specially authorized officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts.

(3) Every person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence.

(4) Every officer who does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section. or who communicates any such matter to any person whomsoever except for the purpose of carrying into effect the provisions of this Ordinance shall be liable to a fine not exceeding five hundred dollars.

Offences and penalties, etc.

10.-(1) Every person commits an offence who Offences. sells any adulterated food or adulterated drug without fully informing the purchaser at the time of the sale of the nature of the adulteration, unless the package in which it is sold has conspicuously printed thereon a true description of the composition of such food or drug.

(2) Every person commits an offence who sells any food or drug in any package which bears or has attached thereto any false or misleading statement, word, brand, label or mark purporting to indicate the nature, quality, strength, purity, composition, weight, origin, age or proportion of the article contained in the package or of any ingredient thereof.

(3) Every person commits an offence who sells any food or drug containing any substance the addition of which is prohibited by any regulation made under this Ordinance.

Interference with official marks.

General penalty.

Forfeiture

of food or drug upon conviction

Notification of conviction in news- papers.

Adulteration,

584

ཡ-

(4) Every person commits an offence who sells any food or drug containing a greater proportion of any substance than is permitted by any regulation made under this Ordinance.

(5) Every person commits an offence who sells any food which contains methylated alcohol.

(6) Every person commits an offence who sells any food which is unsound or unfit for human consump- tion.

(7) Every person who commits any offence men- tioned in this section shall for the first offence be liable to a fine not exceeding five hundred dollars and for any subsequent offence under this section, whether of the same or a different nature, to a fine not exceed- ing two thousand dollars.

11. Every person who without authority opens, alters, breaks, removes or crases any mark, fastening or seal placed by any officer in pursuance of the pro- visions of this Ordinance upon any food or drug or upon any package, place, door or opening containing or affording access to any food or drug commits an offence and shall be liable to a fine not exceeding two hundred and fifty dollars.

12. Every person who commits an offence against this Ordinance or the regulations made thereunder for which no penalty is otherwise expressly provided shall be liable to a fine not exceeding two hundred and fifty dollars.

13.-(1) In the case of any conviction under this Ordinance the magistrate may order that any food or drug to which the conviction relates and any similar food or drug found on the defendant's premises or in his possession at the time of the commission of the offence, together with all packages containing the same, shall be forfeited to the Government.

(2) Everything so forfeited to the Government shall be disposed of as the Director of Medical and Sanitary Services directs.

14. A notification of the name and occupation of any person who has been convicted of any offence against this Ordinance together with his place or places of business, the nature of the offence and the fine, forfeiture or other penalty inflicted shall, if the magistrate so orders, be published in any newspaper circulating in the Colony.

Presumptions of law.

15. For the purposes of this Ordinance any food or drug shall be deemed to be adulterated if-

(a) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such article in a pure and normal state and in an undeteriorated and sound condition, or which in any other man- ner operates or may operate to the prejudice. or disadvantage of the purchaser or con-

sumer;

(b) any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the nutritive or other beneficial properties of the article as sold are less than those of the article in its pure and normal state, or the purchaser or consumer is or may be in any manner prejudiced;

!

585

(c) it contains or is mixed or diluted with any substance of lower commercial value than such article in a pure and normal state and in an undeteriorated and sound condition ; (d) it does not comply with the standard therefor prescribed by any regulation made under this Ordinance.

16. Where any food or drug in connection with Liability of which there is a breach of any provision of this Ordi- importer or nance is sold in an unopened package, any person who manufacturer, appears from any statement thereon or attached thereto to have imported or manufactured or prepared such food or drug or to have enclosed it in such package shall, unless he proves the contrary, be deemed to have so imported, manufactured, prepared or enclosed the same and shall be liable to the same fine as if he had actually sold the same.

17. For the purposes of this Ordinance every person Sale by agent shall be deemed to sell any food or drug who sells the or servant. same either on his own account or as the agent or servant of any other person, and in the case of any sale by an agent or servant his principal or employer shall be under the same liability as if he had effected the sale personally.

Presumptions

18. (1) When any food or drug is sold or exposed or offered for sale, it shall, unless the contrary is as to sale proved, be deemed to be sold or exposed or offered for sale for human consumption or use.

(2) The purchase and sale of a sample of any food or drug under the provisions of this Ordinance for the purpose of analysis shall be deemed to be a purchase and sale of such food or drug for human consumption or use unless the seller proves that the bulk from which such sample was taken was not offered, exposed or intended for sale for human consumption or use.

(3) For the purposes of this Ordinance every person shall be deemed to sell or to intend to sell any food or drug if he sells or intends to sell for human con- sumption or use any article of which such food or drug is a constituent.

Legal proceedings and evidence, etc.

for human consumption

or use.

for offences.

19.-(1) All proceedings in respect of an offence Proceedings against this Ordinance shall be taken in a summary manner before a magistrate.

(2) The summons in any such proceedings shall not be made returnable in less than fourteen days from the day on which it is served,

(3) There shall be served with the summons a copy of the analyst's certificate (if any) on which the pro-

secution is based.

20. In a prosecution for selling any food or drug No defence contrary to the provisions of this Ordinance or of any that offence regulation made thereunder it shall be no defence that not wilfully

the defendant did not act wilfully unless he also proves committed.

that he took all reasonable steps to ascertain that the sale of the article would not constitute an offence against the Ordinance or regulation.

21. (1) Subject to the provisions hereinafter in Reliance on this section contained it shall be a good defence in written any prosecution for an offence under section 10 if the warranty a

defendant proves that he purchased the article sold good defence. by him in reliance on a written warranty or other written statement as to the nature of the articles pur- chased, signed by or on behalf of the person from

Analyst's certificate to be

prima facie evidence.

Magistrate may order independent analysis.

Non-disclo-

sure of information.

586

whom the defendant purchased the same, and that, if the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.

(2) No warranty or other written statement given or made by a person resident outside the Colony shall be any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.

(3) No warranty or other written statement shall be any defence under this section if it is proved that the defendant knew or had reason to suspect that the article sold did not conform to such warranty or state-

ment.

(4) No warranty or other written statement shall be any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.

(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.

22.-(1) A certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.

(2) In like manner a certificate of analysis purport- ing to be under the hand of an analyst shall, on pro- duction thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.

(3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper.

23. When a sample has been dealt with in accord- ance with section 7 the magistrate shall, on the request of either party to such proceedings and may if he thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis.

24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information; and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any state- ment in relation thereto.

587

incidental to

25.-(1) Where any person is convicted of an Recovery of offence under this Ordinance, the magistrate may fees and other order that all fees and other expenses incident to the expenses analysis of any food or drug in respect of which the prosecution. conviction is obtained (including an analysis made under section 23) shall be paid by the person con- victed.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

26. The Sale of Food and Drugs Ordinance, 1896, Repeal of is repealed.

Ordinance No. 8 of 1896.

27. This Ordinance shall not come into operation Commence- until such date as the Governor shall notify by pro- ment. clamation as the date of the commencement of this Ordinance.

Objects and Reasons.

1. The object of this Ordinance, which follows very closely the provisions of the Sale of Food and Drugs Enactment, No. 9 of 1913, of the Federated Malay States, is more effectively to safeguard the public with regard to articles of food. A table of correspondence explaining the difference between the Ordinance and the Enactment is attached.

2. Purity, cleanliness of manufacture, freedom from adulteration and contamination, correct labelling and pro- per coustituents of food are to be obtained by conformation with regulations made for that purpose (s. 3).

3. The enforcement of the provisions of the proposed Ordinance is to be placed in the hands of persons specially authorized for the purpose by the Urban Council on the recommendation of the Director of Medical and Sanitary Services.

4. These persons are given special powers to inspect food wherever it may be, if the persons so authorized have reason to believe it is intended for sale. They have also power to seize food which appears to be unwholesome and to destroy decayed or putrid food (s. 4).

5. The person claiming any food seized has 48 hours to complain to a magistrate who shall hear and determine the complaint.

6. The taking of samples of food or drugs and the analysis of the same is provided for.

7. Power is given to call for documents and information dealing with the purchase and possession of food (s. 9).

8. The sale of adulterated food, unless the nature of the adulteration is fully disclosed, is an offence.

9. A list of offences is set out in s. 10.

10. Adulteration is deemed to have taken place under certain circumstances (s. 15).

11. The liability of importers is dealt with in s. 16.

12. An agent or servant selling is liable as the seller,

and his principal is also liable (s. 17).

13. Food or drugs exposed for sale are deemed until the contrary is proved to be for human consumption (s. 18).

14. Legal procedure defences and evidence are dealt with in the latter part of the Ordinance.

15. The Ordinance repeals the Food and Drugs Ordi- nance, 1896, (Ordinance No. 8 of 1896).

C. G. ALABASTER,

February, 1935

Attorney General.

:

588

TABLE OF CORRESPONDENCE

between the draft Adulterated Food and Drugs Ordinance and Enact- ment No. 9 of 1913 of the Federated Malay States which has been taken as a model.

F. M. S.

Adulterated

Food

Enactment and Drugs

No. 9 of

1913. Section.

Ordinance,

1935. Section.

Remarks.

27

N

1 (1)

1

Short title.

"Adulterated"

substituted for

2

3

"Sale of" as another Bill in this series-the Public Health (Food) Bill-deals with other aspects of the sale of food.

Government Analyst included in definition of Analyst. In definition of Officer "authorised in writing by the Urban Council on the recommendation of the Director of Medi- cal and Sanitary Services" substituted for "appointed by the Chief Secretary to the Government".

Sub-section (1) (i) of model dealing with fines for breach of rules omitted as breach of regulations is dealt with in section 12 of the H.K. Ordinance. Sub-section (3) redrafted to conform with the standard H.K. form. Section 3 of the model is omitted. Public servants are defined by Ordinance No. 31 of 1911, s. 39 (10).

"or the regulations made thereunder" added in

sub-section (1) (b).

Sub-section (2) simplified.

Sub-sections (4) and (5) of the model omitted.

4

4

10

5

5

6

6

7

7

8

8

9

9

10

10

11

11

12

12

13

13

14

14

15

15

"personally" substituted for "either personally or by registered letter" in sub-section (3).

Sub-section (4) is not in the model.

or the regulations made thereunder" added in sub-section (1). References to the Principal Medical Officer omitted in sub-sections (1) and (2).

Proviso at end of sub-section (7) and sub-section

(8) of model omitted.

"or the regulations made thereunder" added.

$250 substituted for $200.

or vessel" omitted in sub-section (1).

D.M.S.S. instead of Chief Secretary in sub-

section (2).

F. M. S. Enactment

No. 9 of

1913. Section.

589

Table of Correspondence,-Continued.

Adulterated

Food and Drugs Ordinance,

1935 Section.

Remarks.

16

16

"or drug" added twice.

17

17

18

18

19

19

20

20

21

21

22

23

222

22 23

24

2225

24

223

"Magistrate" substituted for 'Court before which any proceedings for an offence against this Enactment are had".

|

25

26

Repeal of Ordinance No. 8 of 1896.

of the model is omitted.

Section 26

Appeals from

magistrates are dealt with in the Magistrates

Ordinance No. 41 of 1932.

27

27

Commencement.

590

No. 50.-The following Bill, as amended by the Standing Law Committee of the Legislative Council, is published for information in accordance with Standing Order 27 (14) :-

[No. 26-21.2.35.-12.]

A BILL

Short title.

INTITULED

An Ordinance to make provision for the substitution of an Urban Council for the Sanitary Board, and to repeal the Public Health and Buildings Ordinances.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof, as fol- lows:-

1. This Ordinance may be cited as the Urban Council Ordinance, 1935.

Interpreta- tion.

Council,

Chairman.

Secretary.

Health Officer.

Veterinary Officer.

Composition of the Urban Council,

which is to replace the Sanitary Board.

2. In this Ordinance :-

"Council" means the Urban Council.

"Chairman" means the officer for the time being lawfully performing the duties of Chairman of the Council.

"Secretary" means any person appointed by the Governor to be Secretary and includes an Assistant Secretary.

"Health Officer" includes any Medical Officer appointed as a Health Officer by the Governor by notification in the Gazette.

"Veterinary Officer" includes the Colonial Veterinary Surgeon and any Assistant Colonial Veterinary Surgeon.

3.-(1) The Sanitary Board shall be abolished and re- placed by an Urban Council which shall consist of the Chair- man of the Council, appointed by the Governor, the Director of Medical and Sanitary Services who shall be Vice-Chairman, the Director of Public Works, the Secretary for Chinese Affairs, the Inspector General of Police, and not more than eight additional members who shall hold office for three years from the notification of their respective appointments or elec- tions in the Gazette.

(2) Two of the said additional members shall be elected by an electorate composed of the persons whose names shall appear in one or other of the two parts of the register herein- after referred to: Provided that if nominations are not received for all the vacancies announced, it shall be lawful for the Governor to fill by appointment any vacancy or vacancies which are not filled by election.

-

591

No. 6 of 1887.

(3) The first part of the register shall consist of the two Ordinance Jurors Lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887, as amended by the Jury Amendment Ordinance, 1929.

(4) The second part of the said register, which shall be kept by the Registrar of the Supreme Court, shall consist of the names of all male persons of any of the following classes who shall have duly applied to be registered therein, and whose claims to be registered shall have been duly allowed:-

(a) unofficial members of the Executive or Legislative Council;

(b) persons of sound mind who have previously been in- cluded in the Jurors Lists but have been omitted or removed therefrom on account of age or infirmity, or on account of exemption from jury service granted by the Governor in Council or by the Court;

(c) barristers and solicitors in actual practice and the clerks of solicitors in actual practice;

Ordinance No. 8 of 1929.

1884, 16 of

(d) persons registered under section 4 of the Medical Ordinances Registration Ordinance, 1884, or under the Dentistry Ordin- Nos. 1 of ance, 1914, or under the Pharmacy and Poisons Ordinance, 1914, and 1916;

(e) editors and sub-editors of daily newspapers published in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dis- senters or of Jews, acting as such in the Colony;

(g) professors and other academic officers of the Univer- sity of Hong Kong;

(h) masters of schools which are certified by the Director of Education as not being vernacular schools;

(i) certificated officers of the British Mercantile Marine; and

() officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, Commissioned and Warrant Officers of the Hong Kong Naval Volunteer Force, and also such other members of the said Corps or of the said Force as shall have been exempted from jury service by the Governor in Council;

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

(5) If any question arises as to the right of any person to be included in the second part of the said register such question shall be decided by the Registrar of the Supreme Court, subject to an appeal within seven days to the Governor in Council whose decision thereupon shall be final; Provided that it shall be lawful for the Governor in Council to vary such decision at any

time.

9 of 1916.

No. 1 of 1903.

(6) Subject to any rules which may have been made under Ordinance section 9 of the Public Health and Buildings Ordinance, 1903, or which may be made under section 4 of this Ordinance, the second part of the said register shall be closed to any fresh applications for registration for fourteen days before the day appointed for any ballot for the election of a member of the Urban Council, and shall remain closed until after the ballot- ing in that election shall have been completed.

Rules as to election of members of

592

(7) Every person who at any ballot held under this sec- tion applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at any such ballot, applies at the same ballot for a ballot paper in his own name, and every person who, for the purpose of procuring his registration in the second part of the register referred to in sub-sections (3) to (7), knowingly makes any false or misleading representation, whether verbal or in writ- ing or by conduct, shall upon summary conviction be liable to a fine not exceeding $500 and to imprisonment for any term not exceeding three months.

(8) If any question arises as to the validity of any pro- ceeding in any election or intended election of a member of the Urban Council the decision of the Governor in Council thereon shall be final and conclusive for all purposes what- soever, and the Governor in Council may thereupon give any direction which he may think fit.

(9) The other six additional members (three of whom shall be Chinese) shall be appointed by the Governor.

(10) Persons, whether elected or appointed by the Governor, who immediately before the commencement of this Ordinance were serving as additional members of the Sanitary Board under the provisions of section 8 of the Public Health and Buildings Ordinance, 1903, shall be additional members of the Urban Council as if they had been elected or appointed under this section but shall remain in office only until the expiration of the terms for which they were originally elected or appointed as members of the Sanitary Board.

4. All matters relating to the keeping and revision of the register and to the election of the members shall be governed the Council. by rules made by the Governor in Council: Provided that the rules made under section 9 of the Public Health and Buildings Ordinance, 1903, shall remain in force so far as they are applicable until they are altered or replaced by rules made by the Governor in Council under this section.

G. N. 408 of 1927.

Members' names to be gazetted.

Substitution

of members.

Duties of

the Council.

Preserving existence of

5. The names of all members elected or appointed shall be forthwith notified in the Gazette.

6. If any member of the Council be at any time prevent- ed for more than six months by absence or other cause from acting, the Governor may appoint, or if the member has been elected, the electors may nominate, and, if more than one candidate is nominated may elect, some other person to re- place such member, until he shall return or be able to resume his functions.

7. The duties of the Council shall be to exercise control within the area allotted to it over all matters in respect of which powers are given to it by this Ordinance or any other Ordinance.

   8. For the purpose of carrying out the provisions of the Sanitary law in respect of matters over which the Council exercises Department. control there shall be a Sanitary Department.

Appointment of officers.

9. The Governor may appoint a Secretary and Assistant Secretaries to the Council, and also Health Officers, Veterinary Officers and Sanitary and other Inspectors, all of whom shall be officers of the Sanitary Department, and may also appoint such servants of the Department as may be required.

593

Medical and

10. The Director of Medical and Sanitary Services shall Position of be the professional adviser to the Council in all medical Director of matters including matters of public health and sanitation. Sanitary It shall be his duty to assist and advise the Council on such Services. matters and to superintend the enforcement and observance of all Ordinances relating to Public Health and of the by-laws and regulations made thereunder.

11. (1) The Chairman of the Council shall give such Duties of instructions as may be necessary for carrying out and giving Chairman effect to the decisions and policy of the Council, and shall be responsible also for the general administration of the Sanitary Department.

Medical and

(2) On receipt of any such instructions affecting public Duties of health the Director of Medical and Sanitary Services shall Director of issue the necessary directions to the officers under his control Sanitary and shall be responsible for their being duly carried out.

Services.

unaffected

12. The Council shall be held to be legally constituted Constitution notwithstanding any vacancies occurring therein by the death, bacancies absence, resignation, or incapacity of any member.

on the Council.

13.-(1) The Council shall meet once in every alternate Council week and oftener if need be, and may adjourn from time to meetings. time. The Chairman may at any time, and shall, on a requisi- tion signed by three members of the Council, summon a meet- ing thereof.

(2) Any four members shall be a quorum, and at every Quorum. meeting at which the Chairman or Vice-Chairman is absent the members present shall appoint a temporary chairman to pre- side. The chairman at any meeting shall have an original vote and also, if the votes be equal, a casting vote.

14. (1) The Council may make Standing Orders for Standing regulating the procedure at its meetings.

(2) The present Standing Orders of the Sanitary Board shall continue in force so far as they are applicable until re- placed under this section.

orders.

committees.

15.-(1) The Council may appoint select committees, Appointment consisting of not less than two of its members or one of its of select members and a Health Officer or a Veterinary Officer, and may by appointment or removal change the personnel of any such committee.

to Health

(2) The Council may by resolution delegate any of its Delegation powers and functions to any Health Officer or to any such of powers select committee as aforesaid, with full powers to enforce any officers or of the provisions of any Ordinance or by-law conferring to select powers on the Council or providing for the more effectual sanitation of the Colony, and may revoke such delegation.

committees.

orders of

(3) Any failure to comply with the orders of a Health Failure to Officer or of such select committee, duly signed by the Secre- comply with tary of the Council, shall be punishable in the same manner the Health as if such order had been made by the Council.

Officers or of select committees.

Construction

591

    16. Whenever in any Ordinance, Order of the Governor of references ir Council, Order of the Governor, Standing Order, rule, re-

to Sanitary Board, etc.

Commence-

ment.

Ordinance

No. 31 of

1911.

Repeal of Ordinances

No. 1 of 1903,

No. 19 of

gulation, minute, by-law, deed, contract, official letter or other document, the term "Sanitary Board" or "President of the Sanitary Board" occurs, and, in order to give effect thereto it is necessary to substitute "Urban Council" or "Chairman of the Urban Council" such document shall be read and construed accordingly.

17. Subject to section 9 of the Interpretation Ordinance, 1911, and except for the purposes of appointing or electing the first members of the Council, this Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the commencement of this Ordinance.

18. The Public Health and Buildings Ordinance, 1903, the Public Health and Buildings Amendment Ordinance, 1927, No. 6 of 1927, the Public Health and Buildings Amendment Ordinance, 1928, the Public Health and Buildings Amendment Ordinance, 1929, the Public Health and Buildings Amendment Ordinance, 1930, the Public Health and Buildings Amendment Ordinance, 1931, the Public Health and Buildings Amendment (No. 2) Ordin- ance, 1931, and the Public Health and Buildings Amendment Ordinance, 1935, are repealed.

1928, No. 30 of 1929, No. 18 of 1930, No. 3

of 1931. No. 18 of 1931 and

No. 2 of

1935.

Objects and Reasons.

1. In his Report on the need for the reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends that the Public Health and Build- ings Ordinance, (No. 1 of 1903) which deals with building con- struction, sanitation, infectious diseases control, food con- trol, etc., should be broken up into a number of Ordinances, each dealing with its particular branch of the Public Health Complex.

2. This Bill provides for the replacement of the Sanitary Board by an Urban Council and also repeals the various Public Health and Buildings Ordinances.

3. The Sanitary Board had four official and six unofficial members, two of whom were elected. It is proposed in the Urban Council to have five official members and also to in- crease the number of unofficial members to eight. Of these, two

are to be

to be elected, and six, of whom three must be Chinese, nominated by the Governor.

February, 1935.

C. G. ALABASTER,

Attorney General.

595

TABLE OF CORRESPONDENCE.

Marginal note.

Urban Council |

Ordinance, Source, with modifications.

1935.

Short title.

1

F.M.S. S.B. Enactment,

1916.

Interpretation

2

Composition of Urban

3

Council which is to re-

place the Sanitary

Board.

Rules as to election of members of this Coun- cil.

Members

names to be

gazetted.

10

5

Substitution of members.

6

Public Health and Buil- dings Ordinance, 1903, section 8 as amended by section 5 of No. 6 of 1927.

s.s. (1). Inspector General of Police added as official member. Eight unofficials instead of six.

s.s. (4) (e) "reporters"

omitted.

s.s. (4) (i) substituted for "masters of steamers

and local pilots".

(j) former s.s. (4) (j) as amended by No. 30 of 1933, s. 19 (2).

s.s. (9) appointed mem- bers raised from 4 to 6 and Chinese minimum from 2 to 3.

s.s. (10) Preserves status of members of Sanitary Board as members of Urban Council.

P.H. & B.O. No. 1 of 1903, sec. 9-redrafted to keep the old rules in force.

P.H. & B.O. Section 10 cut down, since the Vice President is to be the D.M.S.S.

P.H. & B.O. Section 11. "and if more than one candidate is nominated may elect." added.

Duties of the Urban Coun-

cil.

7

Preserving existence of

Sanitary Department.

Appointment of officers.

9

P.H. & B.O. Section 19

modified.

Position of D.M.S.S.

10

Duties of the Chairman

11

s.s. (1)-P.H.& B.O. s. 8

of Council and of the D.M.S.S.

(10). s.s. (2) new.

596

Table of Correspondence,-Continued.

Marginal note.

Urban Council Ordinance, 1935.

Source, with modifications.

Constitution unaffected by

12

P.H. & B.O. Section 12.

vacancies on the Council.

Council meetings

13

Quorum

P.H. & B.O. Section 13.

s.s. (2) redrafted.

Standing orders.

14

P.H. & B.O. Section 14.

Appointment of Select

Committees.

15 (1)

s.s. (2) preserves former standing orders.

P.H. & B.O. Section 14

(2).-redrafted.

Delegation of powers to

Health Officers or Select Committees.

15 (2)

P.H. & B.O. Section 15

(1).

Failure to comply with

orders of Health Officers or of Select Committees.

15 (3)

P.H. & B.O. Section 15

(2).

Construction of references

to Sanitary Board, etc.

Commencement.

16

Ordinance No. 37 of 1932,

Section 30.

17

Repeals of Ordinances.

18

597

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 51.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

22nd February, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 52.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

22nd February, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

- 598

PUBLIC WORKS DEPARTMENT.

No. S. 53. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Refuse Dump at Kun Tong", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of March, 1935, for providing labour to operate the waggons for the supply of filling to Kun Tong Refuse Dump, maintaining tracks and other contingent works.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

20th February, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 54.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 4th day of March, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of

Registry No.

Locality.

Contents in

Annual Upset

Rent. Price.

Sale.

Sq. feet.

N.

E.

W.

1

Garden Lot No. 86.

Adjoining Rural Building Lot No 237, Middle Gap Road, Mount Cameron.

22nd February, 1935.

feet. feet. feet. feet.

$

$

पति

About

As per sale plan.

5,250

12

263

R. M. HENDERSON,

Director of Public Works.

No. S 55.

599

NOTICE TO MARINERS.

No. 3/1935.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master,

&c.

PUBLIC WORKS DEPARTMENT.

No. S. 40.-It is hereby notified that the following Sale of Crown Land by Public Action, will be held at the Offices of the Public Works Department on Monday, the 25th day of February, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent. Price.

N.

S.

E.

W.

1

New Kowloon

Inland Lot No. 2362.

Adjoining New Kowloon

Inland Lot No. 2339.

8th February, 1935.

feet.

feet. feet.

feet.

$

$

As per sale plan.

About

19,530

224

9,765

R. M. HENDERSON,

Director of Public Works.

R

601

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 19 of 1934.

Re Chan Leung Shi () alias Chan Sze Tai (B) alias Leung Tsui Ngan (

R) of No. 8 Mosque Street,

(2nd floor), Victoria, in the Colony of Hong Kong, Widow.

FIRST and final dividend of $17.50 per

A cent has been declared in the above

matter.

NOT

OTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 26th day of February, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

   Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 22nd day of February, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

In the Matter of the Estate of Sydney Sheppard Brown late of Shing Mun in the New Territories of the Colony of Hong Kong, Works Overseer, deceased.

NOTICE is hereby given that the Court

       has, by virtue of Section 58 of The Probates Ordinance 1897 (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 15th day of March, 1935.

Creditors and claimants are hereby required

to send their claims to the undersigned by the above date.

Dated this 16th day of February, 1935.

T. M. HAZLERIGG,

Official Administrator.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

Action No. 37 of 1935.

Between

Chung Tat Ching

Plaintiff.

and

Lam Ho Shi alias Ho

Yee Mui and Lam Chan Mi.

Defendants.

N

OTICE is hereby given that a Writ of Foreign Attachment returnable on the 6th day of March, 1935 against the property

movable and immovable of the above named defendant, Lain IIo Shi alias Ho Yee Mui within

the Colony has been issued in this action

pursuant to the provisions of Chapter XVII, of

the Hong Kong Code of Civil Procedure.

Dated the 16th day of February, 1935.

TAK

NOTICE

AKE NOTICE that the Chin Seng Insur- ance Company, Limited, (In voluntary liquidation) has ceased to carry on the business of fire insurance and intends on or after the 2nd day of March, 1935, to apply to the Regis- trar of Companies for the release of the desposit made in respect of such business under the terms of the Fire and Marine Insurance Com- terms of the Fire and Marine Insurance Com- Tanies lepost Ordinance, 1917. And Further Take Notice that any objections to the said release must be made in writing to the Regis- trar of Companies before the said 2nd day of March next.

Dated the 22nd day of February, 1935.

JOHNSON STOKES & MASTER, Salicitors for the above named Chin Seng Insurance Co., Ltd., (In Voluntary Liquidation.)

NOTICE.

OTICE is hereby given that Sirdar Khan

11

and Sahib Khan both of No. 269, Des Vœux Road West, Victoria, in the Colony of Hong Kong, hitherto carrying on business as Provision Dealers in co-partnership at the same address under the style or firm name of " The Jhelum Stores had on the 13th day of February, 1935, dissolved partnership and in pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance No. 25 of 1923, notice is hereby given that the said Sirdar Khan of No. 269, Des Voeux Road West, Victoria, aforesaid had on the said 13th day of February, 1935, sold and transferred his share in the said partnership business of the Jhelum Store to one Mahan Singh of No. 5, D'Aguilar Street, ground floor, Victoria aforesaid and that the said Mahan Singh and said Sahib Khan are now continuing to carry on the said business of Provision Dealers under the firm name of

the Jhelum Store

|

(FILE No. 59 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Derick Rolfe Martin, of 21 Duke's Avenue Canon's Park, Edgware in the County of Middlesex, England, on the 7th day of January, 1935,

applied for the registration, in Ilong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

INTELEX

in the name of the said Derick Rolfe Martin, who claims to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in respect of Articles of Cloth- ing in Class 38.

"

This mark is to be associated with the "Intelex mark of pending application No. 467 of 1934.

Dated the 22nd day of February, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor, Hong Kong.

(FILE No. 55 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark,

in co-partnership at the NOTICE is hereby given that Pal Blade

said address of No. 269, Des Voeux Road West, Victoria aforesaid and will assume all the liabilities incurred in the said business by the said Sirdar Khan.

Dated the 22nd day of February, 1935.

SIRDAR KHAN, SAHIB KHAN,

AND

MAHAN SINGH.

白告意生退承

承出

LO AND LO,

合海 成安 堂號

Solicitors for the Plaintiff,

Alexandra Buildings,

Hong Kong.

*

Export Corporation, Limited, of Mon- treal in the Dominion of Canada, have on the 20th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

"1

BLU-STREAK"

in the name of Pal Blade Export Corporation, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the ap-

plicants since November 1933, in respect of

Cuttery and Edge Tools, in Class 12.

Dated the 22nd day of February, 1935.

PAL BLADE EXPORT CORPORATION, Ltd., c/o THE UNION TRADING CO., LTD., York Building, Hong Kong.

The Hong Kong

頂之華隆元承生月體啓 人後洋記月受意七股者 無與轇二廿定權號東本 干新轕字五期利卽因港 特承未在日一招乙所德 此頂清原交九牌亥營輔 佈人請日易三傢之道 聞無速地承五私元生西 涉與址頂裝月意一 他出營人二修初不 日頂業擬月等四前九 Three monthe, (do.), 生人出用廿全日於十 意理項囘八盤議一五 盈安人海號頂决九號 虧一以安部與將三海 亦經前號乙合海五安 與交所加成安年號 出易欠多年堂號二全

Government Gazette

Local Subscription.

Per annum (payable in advance),.........$18.00 Half year,

(do.),

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lives and under,. Each additional line, Repetitions, Chinese, per Character,

$1.00 for 1st $0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not later Friday's issue.

than 3 P.M. on Thursdays for insertion in

-

602

(FILE NO. 13 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Tonicity London, aboratories Limited, of 141, Moorgate;

    December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

HALMAGON

in the name of the said Tonicity Laboratories Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Chemical Substances prepared for use in medicine and pharmacy, in Class 3.

Dated the 25th day of January, 1935.

HASTINGS & CO. Solicitors for the applicants, Gloucester Building,

Hong Kong.

(FILE No. 26 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Kom Ng

     Seung (甘五常) trading as Po Kwong Dispensary (保光藥行)

at 19 Tung Choi Street, Mongkok, Kowloon, in the Colony of Hong Kong, has on the 14th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

行藥光保

珍珠

水蓮眼牌珠珍素

老無

眼藥

̇能眼幼論功珍

【治疾一男效珠

【 理皆切女卓牌

(FILE No. 5 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE. I hired, Five Brewery, thythe, OTICE is hereby given that Mackeson

Kent, England, on the 15th day of November, 1934, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz.:-

MACKESON

&Co. LIMITE

HYTHE BREWERY,

KENT

TRADE MARK

in the name of the said Mackeson & Co., Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Fermented Liquors and Spirits in Class 43.

Dated the 25th day of January, 1935.

HASTINGS & CO.

Solicitor for the Applicants, Gloucester Building, Hong Kong.

(FILE No. 24 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mitsui Bussan

Kaisha Limited, of Japan a Company registered under the Laws of Japan having a branch office at No. 5 Ice House Street, Cen- tral, Victoria, in the Colony of Hong Kong, on the 16th day of January, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

Y DE

(FILE No. 519 OF 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Hans Hupeden, Julius Hupeden and W. Paysen carry- ing on business as Hupeden and Company at 96 Raboisen, Hamburg, Germany have on the 20th day of December, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

LUCKY HORSE"

BRAND

行洋甸渣

MARGARINE

in the name of Hans Hupeden, Julius Hupeden

and W. Paysen carrying on business as Hupeden and Company, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of Substances used as food or as ingredients in food excluding Tapioca in Class 42.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of January, 1935.

DEACONS, Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 7 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that M. P. San &

Co., having its Office at No. 293, Des Vœux Road Central, Hong Kong and its Factory at Nos. 34 to 46, Whitfield, Causeway Bay, Hong Kong, Confectionery and Biscuits Manu- facturers, have, on the 9th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

SAN

&

in the name of Kom Ng Seung (甘五常) trading as Po Kwong Dispensary (

tor thereof.

who claims to be the sole proprie-

      The Trade Mark has been used by the Ap- plicant in respect of Chemical substances pre- pared for use in medicine and pharmacy, parti- cularly Eye-lotion, in Class 3.

     The Registration of this mark shall give the Applicant no right to the exclusive use of the Chinese characters"

appearing on the mark.

""

      A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of January, 1935.

DEACONS,

Solicitors for the Applicant, No. 1, Des Voeux Road Central,

Hong Kong.

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect Woollen Cloths in the piece in Class 34.

Dated the 25th day of January, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, (2nd Floor),

Hong Kong.

HER

in the name of M. P. San & Co., who claim to be the sole proprietors thereof.

San & Co., in respect of Confectionery and The said Trade Mark has been used by M. P.

Biscuits, in Class 42.

Representations of the said Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 25th day of January, 1935.

M. P. SAN & CO., Applicants.

603

(FILE No. 49 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Tsun Tsun

Non ethonery Nos. 3 and 5, Ship Street, (ground floor), Victoria, in the Colony of Hong Kong, have on the 29th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

(FILE No. 30 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Kwong Wing

Shing Firm, of No. 193, Des Voeux Road West, Hong Kong, Fire Cracker Merchants, have on the 26th day of January, 1935, applied for registration in liong Kong, in the Register of Trade Marks, of the following Trade Mark:-

歡喜牌

FIRECRACKER MAKER

KWONG WING SING

TCHEKAM KWONGCHOWAN

ACTRESS OF JAYA

in the name of the Tsun Tsun Confectionery,

who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredient in food.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of February, 1935.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

in the name of Kwong Wing Shing Firm, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants in respect of Fire Crackers in Class 20.

Registration of this trade mark shall give no right to the exclusive use of the representation of a female figure except as shown on the mark.

Dated the 22nd day of February, 1935.

KWONG WING SHING FIRM, No. 193, Des Voeux Road West, Hong Kong. Applicants.

(FILE No. 509 of 1934.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Enterprise Tobacco Co., Ltd., whose regis-

tered office is situated at 175, Soochow Road, Shanghai, Tobacco Manu- facturers, have on the 17th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

SALLADIO OL

CIGARETTES

10 CIGARETTES

ENTERPRISE TOBACCO CO.LTD.

CLE

CIGARETTES

CO.,LTD.

TOBACCO

ENTERPRISE

in the name of Enterprise Tobacco Co. Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in respect. of manufactured tobacco in Class 45,

Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 25th day of January, 1935.

ENTERPRISE TOBACCO CO. LTD.,

F. STAFFORD SMITH, Attorney,

P. & O. Building, Connaught Road, Central.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

606

LEGISLATIVE COUNCIL.

i

No. S. 56.-The following Bills were read a first time at a meeting of the Council held on the 28th February, 1935:-

Short title.

Amendment

[No. 47/34:-28.1.35.-5.]

A BILL

INTITULED

An Ordinance to amend the Rating Ordinance, 1901.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as fol- lows:

1. This Ordinance may be cited as the Rating Amend- ment Ordinance, 1935.

2. The Rating Ordinance, 1901, is amended by the of Ordinance addition of the following heading and section at the end

thereof :-

No. 6 of

1901 by

addition of new s. 49

and heading.

Special

Modifications in New Territories (other than New Kowloon).

   49. In their application to the New Territories, other modifications than New Kowloon, the provisions of this Ordinance shall

be subject to the following modifications:-

for rating

in the New Territories, other than New

Kowloon.

(1) The powers and duties of the Assessor and of the Treasurer shall be exercised and carried out by the District Officer, North, in respect of the Northern District, and by the District Officer, South, in respect of the Southern District of the said Territories. The office of the appropriate District Officer shall be substituted for the Treasury in Section 14.

(2)-(a) Rates shall be assessed, imposed and levied in respect of buildings only, and in such areas only, as may be declared by the Governor in Council to be urban areas. The words "urban area" shall be substituted for the word "district" in lines 2 and 5 of section 15.

(b) Every such urban area shall be delineated and shewn. on a plan approved by the Governor in Council and deposited in the office of the District Officer of the district in which such area is situated.

(3)-(a) Rateable buildings shall be classified as

follows:-

Special class...Buildings which are valued by the assess- ing officer at over $4,000.

First class......Buildings which are valued by the assess- ing officer at over $2,000 but not over $4,000.

Second class...Buildings which are valued by the assess- ing officer at over $750 but not over $2,000.

Third class.....Buildings which are valued by the assess- ing officer at over $200 but not over

$750.

607

(b) No rate shall be imposed in respect of any building of which the value, in the opinion of the assessing officer, is $200 or under.

(c) The assessing officer shall note in every assessment and valuation list made out by him the buildings which he finds neither to have nor to use Government Waterworks water.

(d) The word "tenement" throughout the Ordinance shall mean a building rateable under this section and the words "rateable value" in sections 16 (1) (a) and (d) and 28 (1) shall be read as if the words "true value" were substituted.

(4)-(a) In respect of every building enumerated in the assessment and valuation lists for the New Territories, other than New Kowloon, and according to the classification thereof, and after the time for appealing under section 16 or section 28 has expired, there shall be payable as rates from the 1st July in each year or, in the case of an interim assessment, from the first day of the month next following the assessment, or from such other day as may be fixed by the Governor in Coun- cil, the sums or amounts specified in or ascertained under the following scale.

Class of building.

Annual Rate.

Third class. If noted in the list as neither having nor using Government Water- works water

If not so noted.....

$2

$4

Second class. If noted in the list as neither having nor using Government Water- works water

$6

If not so noted..............

$12

First class. If noted in the list as neither having nor using Government Water- works water

If not so noted.....

Special class. If noted in the list as neither having nor using Government Water- works water

If not so noted...

$8

$16

$2 per $1000 of the valua- tion.

$4 per $1000 of the valua- tion.

(b) The annual rate provided for in paragraph (a) of this sub-section may be altered by resolution of the Legislative Council.

Ordinance

No. 16 of 1903.

Ordinance No. 34 of 1910.

Ordinance No. 34 of 1910.

608

(c) Nothing in this section shall be deemed to repeal or affect any of the provisions of the Waterworks Ordinance, 1903, or the New Territories Regulation Ordinance, 1910, or any other Ordinance amending or extending the same.

(5) The above rates shall be paid quarterly in advance at the office of the District Officer of the district and the times appointed for payment shall not be notified in the Gazette, but shall be published by him in each urban area in his district.

(6) Where default has been made by any person in pay- ment of any rate, the District Officer shall have the same powers as the Collector of Crown Rent under the Crown Rent regulations made under the New Territories Regulation Ordinance, 1910, and the said Regulations (necessary changes being made) shall apply to the recovery of rates.

(7) Refund of rates may be made by a District Officer on the same terms and subject to the same conditions and right of appeal as those set out in sections 35, 36, 37 and 38: Provided that in the case of a building let to more than one tenant, one or more of the floors of which is unoccupied during one or more entire months of any quarter, it shall be lawful for a District Officer to grant in respect of such non-occupation a refund not exceeding twenty per cent of the rates payable for that quarter.

(8) The forms in the schedule may be adapted and modified as the District Officers may find necessary.

44

i

Objects and Reasons.

1. Despite the fact that there is no provision in the Rating Ordinance, 1901, excluding the New Territories from the operation of that Ordinance, no assessment or collection of rates has hitherto been made outside the boundaries of the island of Hong Kong and of Kowloon and New Kowloon.

2. With the granting of certain benefits in the way of street lighting, street maintenance, drainage, water supply, scavenging, etc., to such areas as Taipo Market, Yuen Long, and Tsuen Wan, it is considered that some form of rating should be applied in the case of such urban areas in the New Territories.

3. Accordingly, the present Bill adds to the Rating Ordinance, 1901, a new section (Section 49) in eight sub- sections establishing in the New Territories (other than New Kowloon) a modified system of rating of which the salient features are as follows:----

(a) The District Officers in their respective districts are given the powers and duties of the Assessor of Rates and the Colonial Treasurer under the Ordinance (s.s. 1);

(b) Rates are to be imposed upon such parts of the Territories as are declared by the Governor in Council to be urban areas and in respect of buildings only (s.s. 2);

{

in

609

(c) Buildings are to be classified according to their value as assessed from year to year by the District Officers (s.s. 3);

(d) s.s. 4 imposes an annual rate on buildings, graded according to the classification thereof, the rate for a building that enjoys the benefit of a Government water supply being double the rate for one which does not. This annual rate may be altered, as under section 31 (1) of the principal Ordinance, by resolution of the Legislative Council.

(e) s.s. 5 requires all rates to the paid quarterly in advance to the District Officer. The times appointed for pay- ment will be notified in the districts and not in the Gazette as provided by section 32 of the principal Ordinance.

(f) In the event of default in the payment of rates the District Officers are given by s.s. 6 the same power in order to recover the same as the Collector of Crown Rent is given in respect of such rent by the Crown Rent regulations made under the New Territories Regulation Ordinance, 1910. See Regulations of Hong Kong, 1844-1925, p. 410;

(g) s.s. 7 makes special provision for the refund of rates. in respect of non-occupation of part of a building;

(h) by s.s. 8 such modifications may be made in the Schedule forms as the District Officers deem necessary.

January, 1935.

C. G. ALABASTER,

Attorney General.

Short title.

New para (8A)

of Ordinance No. 36 of 1931, s. 2.

Amendment

No. 36 of

610

A BILL

INTITULED

[No. 35-18.1.35.--6.]

An Ordinance to amend the Liquors Ordinance, 1931.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Liquors Amend- ment Ordinance, 1935.

2.-(1) Section 2 of the Liquors Ordinance, 1931, is amended by the addition of the following paragraph numbered (8A) immediately after paragraph (8) thereof:-

(8A) "Distillery licence" means a licence authorising the person named therein to use one or more stills on the premises named therein for the purpose of making, distilling or rectify- ing spirits, and to sell such spirits.

(2) Section 2 of the Liquors Ordinance, 1931, is also of Ordinance amended in paragraph (14) (b) thereof by the substitution of the words "a bona fide meal for which a charge of at least thirty cents can reasonably be made" for the words "the regular meals of the establishment."

1931, s. 2. (14) (b).

New sub-

section (3) of Ordinance No. 36 of 1931, s. 6.

New sub- section (8)

of Ordinance No. 36 of

1931, s. 9.

Amendment

3. Section 6 of the Liquors Ordinance, 1931, is amended by the addition of the following sub-section at the end thereof :-

any

(3), No person shall for or on behalf of other person accept or receive orders for, or import on commission or act as agent for the import of, any intoxicating liquor in quantities exceeding two gallons at one time without an appropriate licence under which the licensee is permitted to sell such liquor as a dealer.

4. Section 9 of the Liquors Ordinance, 1931, is amended by the addition of the following sub-section at the end thereof :-

(8) The Board shall meet annually in November and at such other times as may be necessary for the transaction of licensing business.

5. Section 15 of the Liquors Ordinance, 1931, is amended of Ordinance by the insertion of the words "address and" immediately be- fore the word "proposed" in the sixth line thereof.

No. 36 of

1931, s. 15.

New

section 17A

6. The Liquors Ordinance, 1931, is amended by the insertion of the following head-note and section, numbered ance No. 36 17A, immediately after section 17 thereof:-

of Ordin-

of 1931.

Provision

for tempor- ary permit during

illness etc.

of licensee.

Temporary permits.

17A. (1) The Secretary to the Board may in his discre- tion issue a special and temporary permit, in respect of any premises for which a publican's licence, restaurant adjunct licence or hotel keeper's adjunct licence has been granted, authorising the person named in such permit to have the management and control of the licensed premises during the illness or temporary absence from the Colony of the licensee: Provided that no such permit shall be granted for a period longer than three months.

611

(2) The fee for every such permit shall be ten dollars payable in advance.

(3) During the period for which any such permit is issued the person to whom it is issued shall be deemed to be a licensed person for the purposes of this Ordinance.

7. Section 18 of the Liquors Ordinance, 1931, is repealed Substitution and the following section substituted therefor :-

for

Ordinance

No. 36 of 1931, s. 18.

18. (1) The Board may, in their discretion and subject Transfer to the payment of the fee specified in the Second Schedule, on of licence. good cause shewn direct the transfer, in respect of the same Second premises, of any publican's or adjunct licence to some other Schedule. person, such person making a like application as if applying for a new licence on his own behalf. A note of any such transfer shall be endorsed by the Treasurer upon the licence.

(2) The Board may, in their discretion and on its being proved to their satisfaction that the holder of any publican's or adjunct licence has committed a breach of any term or con- dition of his licence, and whether such holder has been con- victed of such breach or not, direct the cancellation of such licence.

(3) An applicant for a transfer under sub-section (1) and a licensee whose licence is directed to be cancelled under sub-section (2) or, in either case, twenty householders resid- ing within a radius of a quarter of a mile from the licensed premises concerned shall be entitled to appeal to the Governor in Council in respect of any decision of the Board under this

section.

Substitution

8. Paragraph (a) of sub-section (1) of Section 22 of the Liquors Ordinance, 1931, is repealed and the following for Ordin- paragraph is substituted :--

ance No. 36 of 1931.

(a) No liquor shall be sold or drunk on any licensed s. 22 (1) (a). premises except between such hours as may be prescribed by the conditions of the licence.

Amendment

9. Section 61 of the Liquors Ordinance, 1931, is amended by the insertion of the words "Save as provided by section 4" of Ordinance at the beginning thereof.

Objects and Reasons.

1. When the Liquors Ordinance, 1931, was submitted to the Secretary of State, he suggested in his dispatch of the 1st April, 1932, that certain minor amendments were desirable when a suitable opportunity of amending the Ordinance occurred. These are dealt with in Clauses 2, 4, 5 and 9 of this Bill.

2. Clause 2 inserts in section 2 of the principal Ordinance a definition of "distillery licence" which has been drafted after consultation with the Superintendent of Imports and Exports. Clause 2 also amends the

Clause 2 also amends the definition of "Hotel Keeper's adjunct licence" to conform more closely with the definition of "Restaurant adjunct licence" and to enable holders of Hotel Keeper's adjunct licences to sell liquor to non-residents in conjunction with any bonâ fide meal, and not merely, as hitherto, in conjunction with the regular meals of the establishment.

No. 36 of 1931, s. 61.

612

-

3. Clause 4 provides for meetings of the Board, annually in November and on other occasions when necessary.

4. Clause 5 by adding the words "address and' in section 15 of the principal Ordinance gives persons living in the vicinity of premises in respect of which application for a licence is made a better opportunity of identifying the premises in case they wish to oppose the application or to appeal to the Governor in Council against a decision of the Licensing Board under section 13.

5. The effect of the words added by clause 9 to section. 61 of the principal Ordinance is to remove a conflict between that section and section 4.

6. Clause 3 re-introduces, with a slight modification, into section 6 of the principal Ordinance the provisions of section 6 (3) of the old Liquors Ordinance (No. 9 of 1911) which were considered unnecessary when the Liquors Ordinance of 1931 was framed but the inclusion of which has since been found desirable.

7. Clause 6 inserts in the principal Ordinance a new provision (section 17A) for the issue by the Secretary of the Licensing Board of special permits enabling the control and management of licensed premises to be taken over temporarily by another person during the illness or temporary absence of the licensee. A fee of $10 is prescribed for every such permit, and during the currency of a permit the holder is deemed to be the person licensed in respect of those premises.

8. Clause 7 substitutes for section 18 of the principal Ordinance a new section the provisions of which have been found by experience to be necessary.

The law as it stands precludes the transfer of a licence without the consent of the original licensee, and hence the licensed nominee of a firm or company owning licensed premises could, if dismissed, bring the whole business to a standstill by refusing his consent to any transfer of the licence. Again, if a licensee leaves the Colony in breach of a condition of his licence the same impasse arises, since the Ordinance makes no provision for forfeiture of a licence except under section 85 on a second or subsequent conviction of the licensee by a magistrate.

The new section by sub-section (1) empowers the Board on good cause shewn to direct the transfer of a licence; by sub-section (2) further empowers the Board, on the breach of a term or condition thereof, to order the cancellation of a licence; and by sub-section (3) the right of appeal to the Governor in Council against a decision of the Board under this section is given to

(a) an aggrieved applicant for transfer under sub-section (1);

(b) a licensee whose licence is directed to be cancelled under sub-section (2); and

(c) in either case, to twenty interested householders living near the licensed premises affected.

9. Clause 8 substitutes a new paragraph for paragraph (a) of section 22(1) of the principal Ordinance, which will enable the Governor in Council, by the exercise of his powers under section 88 (7) of the principal Ordinance, to prescribe the hours between which liquor may be sold or drunk on licensed premises.

January, 1935.

C. G. ALABASTER,

Attorney General.

613

No. S. 57.-The following Bill, as amended by the Standing Law Committee of the Legislative Council, is published for informa- tion under Standing Order 27 (14):-

A BILL

INTITULED

[No. 4-25.2.35.-11.]

An Ordinance to amend and consolidate the law relating to Quarantine and the Prevention of Disease among human beings.

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

1. This Ordinance may be cited as the Public Health Short title. (Quarantine and Prevention of Disease) Ordinance, 1935.

Part I.

GENERAL.

Interpretation.

2.--(1) In this Ordinance :----

66

'Aerodrome" means a place set apart for the arrival Aerodrome. and departure of aircraft and includes a place for the landing of hydroplanes (and similar craft) on water. Whatever relates in this Ordinance to aerodromes is to be understood to apply mutatis mutandis to places for the landing of hydroplanes (and similar craft) on water.

"Aircraft" includes any machine which can derive sup- Aircraft. port in the atmosphere from the reactions of the air and is intended for aerial navigation.

aerodrome.

"Authorised aerodrome" means any aerodrome declared Authorised by the Governor in Council by notification in the Gazette to be an authorised aerodrome on which aircraft may make their first landing on entering the Colony and which they may make their place of departure on leaving the Colony.

"Building" includes any house, hut, shed or roofed Building. enclosure, whether needed for the purpose of human habitation or otherwise, and also any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge.

scribed

case.

"Circumscribed case" means either a case of infectious Circum- disease originating in a quarantine station or an imported case which has been immediately isolated in a quarantine station or a case occurring in a new arrival during the period of his quarantine or surveillance.

Contact.

Contact Vessel.

Council.

Crew.

Day.

Delouse.

Deratise.

Disease.

Disinfect.

Disinsectise.

Health Officer.

Immigrant.

Infected.

Infected

area.

Infected place. Infected port.

Infectious disease.

Medical Practitioner.

Ordinance

No. 1 of 1884.

Port.

614

"Contact" means any person who has been or is likely to have been exposed to the risk of contracting an infectious dis-

ease.

"Contact vessel" or "Contact aircraft" is a vessel or aircraft which has come from or been in contact with an infected port, and which has not been granted free pratique in Hong Kong.

"Council" means the Urban Council, unless some other Council is indicated.

"Crew" includes any person who is on board any vessel or aircraft not for the mere purpose of being carried from one place to another, but who is employed in some way in the service of the vessel or of persons on board or of the cargo.

"Day" means an interval of twenty-four hours.

"Delouse" means to render free from lice.

"Deratise" means to render free from rats.

"Disease" means any malady of an infectious or contagi- ous nature dangerous to mankind and includes leprosy and rabies but does not include any venereal disease.

"Disinfect" means to destroy or remove the germs of

disease.

"Disinsectise" means to render free from insects.

"Health Officer' includes the Director of Medical and Sanitary Services, any medical officer appointed by the Governor as a Health Officer or Port Health Officer, and any officer for the time being performing the duties of a Health Officer or Port Health Officer.

"Immigrant" includes:-

(a) any person arriving in the waters of the Colony as a deck, steerage or third class passenger on board a steamship or motor ship or as a passenger on board any other vessel with the intention of landing in the Colony;

(b) a third class passenger who enters the Colony by train.

"Infected" means infected with the germs of infectious

disease.

"Infected area" means any area which has been declared by the Governor in Council by notification in the Gazette to be an infected area from the date of such declaration until the date of withdrawal of such declaration in the Gazette.

"Infected place" or "Infected port" means any place or port which has been declared by the Governor in Council to be an infected place or port from the date of such declaration until the date of withdrawal of such declaration.

"Infectious disease" means any of the following diseases, namely, plague, cholera, smallpox, yellow fever, typhus, cerebro-spinal meningitis, measles, chickenpox, diphtheria and enteric, and any other disease which the Governor in Council shall by notification in the Gazette declare to be included within the said expression.

"Medical practitioner" means a registered practitioner within the meaning of the Medical Registration Ordinance, 1884.

"Port" includes sea-port, river-port and air-port.

A

615

"Port Health Officer" includes the Health Officer of the Port Health l'ort, the Second Health Officer of the Port and any other Health Officer or Medical Officer for the time being perform- ing the duties of a Port Health Officer.

"Premises" includes any land, building, structure of Premises. any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch or place open, cover- ed or enclosed, or cesspool or foreshore, and also any vessel lying within the waters of the Colony.

"Quarantine" or "Observation" means the compulsory Quarantine. detention in isolation for the purpose of and under the pro- Observation. visions of this Ordinance and the regulations made thereunder of any vessel, person, animal or thing, so that it or they shall have no communication with any other vessel, person, animal or thing or with any other place except in accordance with the said Ordinance and regulations.

Quarantine

"Quarantine anchorage" means that area of the Harbour which has been appointed for the time being for the detention anchorage. in isolation of vessels undergoing quarantine and which has been declared a quarantine anchorage by Ordinance or by the Governor in Council.

"Quarantine station" means any place where quarantine Quarantine or observation is carried out and includes an infectious dis- station. eases hospital and any place declared by the Governor in Council to be a quarantine station or a sanitary station.

"Quarantinable diseases" means plague, cholera, yellow Quarantin- fever, typhus or smallpox.

able

diseases.

"Sanitary aerodrome" means an authorised aerodrome Sanitary declared by the Governor in Council to be a sanitary aero- aerodrome. drome.

"Surveillance" means that persons subject thereto are Surveillance. not isolated, and that they may move about freely on condition that they sign a bond pledging themselves to submit to medical examination daily or as often as may be required by the Health Authorities of the several places whither they are bound, such authorities being notified by the Health Officer of the advent of the persons in question and of the conditions under which they have been given their freedom.

"Vessel" includes any ship, boat or other description of Vessel. vessel used in navigation.

(2) A vessel or aircraft shall be regarded as "infected". (a) in respect of plague :

(i) if it has a case of plague on board;

(ii) if a case of plague broke out on board more than six

days after embarkation of the person affected; or

(iii) if plague-infected rats are found on board.

(b) in respect of cholera :-

(i) if there is a case of cholera on board; or

(ii) if there has been a case on board during the five days previous to the arrival of the vessel.

(c) in respect of smallpox :-

if it has on arrival or has had during the voyage any case of this disease on board.

Vessels or aircraft when regarded as infected.

Vessels or

aircraft when regarded as suspected.

Vessels or

aircraft when regarded

as contact.

Duration of period of incubation.

Conditions

of release

(d) in respect of typhus :-

616

if it has on arrival or has had during the voyage any case of typhus on board.

(e) in respect of yellow fever :-

(i) if there is a case of yellow fever on board; or

(ii) if there was a case on board at the time of departure or during the voyage.

(f) in respect of infectious disease other than the above:-

66

if there is a case on board.

(3) A vessel or aircraft shall be regarded as

'suspected".

(a) in respect of plague :-

(i) if a case of plague broke out on board in the first six days after embarkation of the person affected; or

(ii) if there has been an unusual mortality on board among rats the cause of which has not been determined.

(b) in respect of cholera-

if there has been a case of cholera on board at the time of departure or during the voyage, but no fresh case during the five days previous to arrival.

(c) in respect of yellow fever :-

(i) if having had no case of yellow fever on board it arrives after a voyage of less than six days from an infected port or from a port in close relation with any endemic centre of yellow fever: or

(ii) if having had no case of yellow fever on board it arrives after a voyage of more than six days and there is reason to believe that it may carry winged stegomyia (Aedes Egypti) from any such port.

(4) A vessel or aircraft shall be regarded as "contact" if it has come from or been in contact with an infected port and has not been granted free pratique in Hong Kong.

3. The period of incubation for the purposes of this Ordinance shall be five days in the case of cholera, six days in the case of plague or yellow fever, twelve days in the case of typhus and fourteen days in the case of smallpox.

4. (1) Any person liable to be subjected to surveillance shall, as a condition of being exempted from quarantine, give a written undertaking to a Health Officer to attend and submit to daily examination at such place and at such time as such subjected to Health Officer shall appoint.

from quar- antine of persons liable to be

surveillance.

Schedule A,

Conditions

of release

from quar- antine of contacts.

(2) The undertaking shall be in the form in Schedule A. (3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordinance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

5. (1) A Health Officer may require that any contact. liable to be detained in quarantine shall, as a condition of being released from quarantine for the period for which he is so liable, give a written undertaking:-

(a) to attend and submit daily to examination at such place and at such time as such Health Officer may appoint; and

617

(b) to submit to surveillance at a private residence under

such conditions as such Health Officer may impose.

(2) The undertaking shall be in the form in Schedule A. Schedule A.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordinance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

6. In all cases where this Ordinance refers to "surveil- Substitution

of quar.

veillance.

lance" a Health Officer may substitute quarantine or antine or observation when the persons in question do not offer observation sufficient security that they will faithfully observe all the for sur- conditions of the undertaking which those who are granted surveillance are required to give. Such quarantine or observation may be carried out on board ship or in a quarantine station according to the exigencies of the case.

evasion.

7.-(1) Any person who is authorised to be detained Escape or under this Ordinance or any regulation made thereunder may in case of escape be arrested by

(a) any officer or servant of the hospital, reception place, isolated house or quarantine station from which the escape was made;

(b) any officer appointed under this Ordinance; or (c) any police officer;

and may be again conveyed to and detained in the place from which the escape was made or any other place authorised by a Health Officer.

(2) Any person who being subject to surveillance under this Ordinance or any regulation made thereunder fails to present himself for examination or to observe any term of his undertaking may be similarly arrested and detained to the satisfaction of a Health Officer.

(3) Any person who having been authorised to be detain- ed escapes or attempts to escape shall be guilty of an offence against this Ordinance.

POWER TO MAKE REGULATIONS.

8. (1) The Governor in Council may make regulations for the purpose of preventing the introduction into, the spread in and the transmission from, the Colony of any disease.

(2) Without prejudice to the generality of the provisions of sub-section (1) such regulations may provide :-

(a) for the appointment of Health Officers, Inspectors and other officers to carry out the provisions of this Ordinance or of any regulations or by-laws made thereunder, and for regulating their duties and conduct and for investing them with all powers necessary for the due execution of their duties;

(b) for prescribing the reporting to Government by medical practitioners or others of cases of disease;

(c) for prescribing and regulating the form and mode of service of delivery of notices and other documents;

Power of

overcl

Governor

to make regulations.

618

(d) for prescribing the fees to be paid under this Ordi-

nance;

(e) for placing in quarantine vessels and aircraft arriving or being at any port or place within the Colony or the waters of the Colony, and for their management while in quarantine, and for granting certificates of the condition of vessels and aircraft or of the Colony or any part thereof in respect of disease;

(f) for the deratisation of vessels or aircraft;

(g) for the disinfection and disinsectisation of vessels, aircraft, persons, animals and things;

(h) for prohibiting either absolutely or conditionally, or for regulating, the importation, exportation or removal in the Colony of dead bodies;

(i) for prohibiting or regulating :--

(i) the admission of persons into or their movements. within the Colony or their departure therefrom either absolu- tely or conditionally.

(ii) the importation of merchandise, food and drink:

() for establishing and maintaining quarantine stations for persons and for regulating the management of the same;

(k) for the detention and seclusion in a quarantine station or on board of persons, whether actually suffering from disease or not, arriving on vessels or aircraft subject to quarantine, and for the payment to Government of any costs and expenses charged or incurred for the medical attendance and mainten- ance of any such persons;

(1) for prescribing the measures to be taken for the prevention of the conveyance of infection by means of any vessel or otherwise from any area or port of the Colony, in- cluding:-

(i) the measures that shall be applied to vessels or air- craft before departure;

(ii) the measures that shall be taken to prevent the de- parture of persons infected with or suspected of being infected with plague, cholera, yellow fever, typhus or smallpox, and of persons in such relation with the sick as to be rendered liable to transmit the infection of these diseases;

(iii) the measures that shall be applied with respect to merchandise, articles or clothing infected or suspected of being infected;

(iv) the prohibition either absolutely or conditionally of the export of merchandise, or of articles of clothing infected or suspected of being infected;

(v) precautions with regard to drinking water and food- stuffs taken on board vessels, aircraft or trains and the water taken in as ballast by vessels;

(vi) measures for the prevention of access of mosquitoes to vessels or aircraft in the case of the prevalence of yellow fever;

(vii) measures for delousing typhus suspects before em- barkation; and

619

(viii) measures for the disinfection of clothes and rags before packing where smallpox is prevalent;

(m) for appointing, establishing and maintaining places for the sanitary control of aerial navigation and for prescribing the sanitary measures to be taken in respect thereof;

(n) for prescribing the liability of any person to defray the expenses connected with the enforcement of this Ordinance or any regulation made under this Ordinance, and for regulating questions of compensation in connection there- with; and

(o) for prescribing the fine with which the contravention of any regulation made under this Ordinance shall be punish- able, but so that no such fine shall exceed five hundred dollars.

(3) Without prejudice to the generality of the provisions of sub-section (1) and for the prevention of any epidemic, endemic, contagious or communicable disease, such regula- tions may also provide :-

(a) for the compulsory reporting of infectious disease;

(b) for entering and searching houses, buildings, rooms and other places in which the presence of diseased persons or persons dead of disease or contacts may be suspected and for the examination of the occupants;

(c) for prohibiting or regulating the movements of dis- eased persons or of persons suspected of being diseased or of

contacts;

(d) for the removal of diseased persons or persons sus- pected of being diseased to hospital or other places for medical treatment, and for their detention until they can be discharged with safety to the public, and for the temporary occupation of places required for the treatment of diseased persons or for the segregation of diseased persons or contacts;

(e) for prohibiting or regulating the removal of bedding, clothing, furniture or other articles which have been in the presence of a diseased person and which are reasonably sus- pected of being infected, and for the disinfection or destruction of the same;

(f) for ordering the vacation of, and for ordering or executing the cleansing and disinfection of, houses, buildings, rooms and other places which have been occupied by any dis- eased person, or which are suspected of being infected with disease, or which are overcrowded or otherwise in an insani- tary condition;

(g) for house to house visitation, cleansing and disinfec- tion;

(h) for the better prevention of the danger of the spread- ing of infection by rats by destroying them or minimising their numbers, and for the prevention of the passing of rats from the shore to vessels and aircraft and vice versa.

(i) for the disinfection and purification of infected vehicles;

() for the examination of the bodies of dead persons and the certification of the cause of death in cases where the cause has not been certified by a qualified medical practitioner or where there is reason to suspect that the diagnosis made is not correct;

Offences

generally.

Penalty.

Increased penalty for second or subsequent offence.

Arrest.

620

(k) for the speedy and safe disposal of the dead; and

(1) for such other matters as may appear to the Governor in Council advisable for the prevention or mitigation of disease.

(4) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and, if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without pre- judice to anything done thereunder, be deemed to be rescinded or amended as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

OFFENCES & PENALTIES.

9. If any person without lawful authority or excuse does or omits to do anything which, under the provisions of this Ordinance or the regulations made thereunder, he ought not to do or omit, or if he obstructs or impedes, or assists in obstructing or impeding, any Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty or disobeys any lawful order of any such officer as aforesaid, he shall be guilty of an offence against this Ordinance.

10. If any person is guilty of an offence against this Ordinance or any regulation made thereunder for which no other penalty is provided, he shall be liable on summary conviction to a fine not exceeding two hundred dollars, and, if such offence be of a continuing nature, to a further fine not exceeding twenty dollars for every day during which such offence shall continue.

11. A person convicted of any offence against this Ordinance or any regulation made thereunder who is within a period of twelve months from the date of such conviction convicted of a second or subsequent like offence against this Ordinance or any regulation made thereunder shall be liable to imprisonment for any term not exceeding two months either in addition to or in lieu of the fine authorised by section 10.

12.-(1) When a person is seen or found committing or is reasonably suspected of being engaged in committing an offence against this Ordinance or any regulation made there- under, any Health Officer or police officer may, without warrant, stop and detain him, and if his name and address are not known may arrest him.

(2) If any person obstructs or impedes a Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty under this Ordinance or any regulation made thereunder, or assists

assists in any such obstruction or impeding, he may be arrested by such Health Officer or other officer or police officer without warrant.

(3) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted.

J

!

621

13. If any person lands or attempts to land or otherwise Forfeitures. brings into the Colony any animal or thing in contravention of this Ordinance or of any regulation made thereunder, such animal or thing shall be liable to be forfeited: Provided that this section shall not apply to landing or bringing into a quarantine station any animal or thing under the instructions of a Health Officer.

of know-

14. When any occupant of a house in which a case of Presumption disease occurs, or any person in charge of a diseased person, ge

                            ledge. is charged with an offence against this Ordinance relative to such disease, he shall be presumed to have known of the existence of such disease in such person unless and until he shows to the magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge.

to be under

15. The execution of the measures prescribed by this Measures Ordinance and the regulations made thereunder shall be prescribed carried out under the general direction of the Director of general Medical and Sanitary Services.

direction of Director of

Medical and

Part II.

2

Sanitary Services.

THE PREVENTION OF THE INTRODUCTION OF DISEASE.

noxious

16. No person shall knowingly import into the Colony Import of any living noxious insect, or any living pest, or any living insects and germ or microbe of disease, or any bacterial culture, without pests. the written consent of a Health Officer.

persons.

17. Every master of any vessel or aircraft who brings Import of into the Colony any person suffering from leprosy or any diseased infectious or contagious disease, or who removes any such person from one part of the Colony to the other, except on the order of a Health Officer, shall be deemed guilty of an offence against this Ordinance unless such master can show to the satisfaction of the magistrate that he had no reasonable means of knowing that such person was so suffering.

port.

18. Whenever information is received that any quaran- Declaration tinable disease has broken out, or exists, or is reasonably sus- of infected pected to exist, at any place or port without the Colony it shall be lawful for the Governor in Council to declare that such place or port is an infected place or infected port.

All declarations made under this section shall be notified

in the Gazette.

19.-(1) All persons coming from an infected place or Medical port otherwise than by sea or air may be medically inspected or examined by a Health Officer.

(2) The inspection or examination shall be conducted at such place as the Director of Medical and Sanitary Services shall approve.

(3) In the case of persons arriving by rail the railway au- thorities shall allow sufficient time and make due arrangements for the examination to take place.

inspection or

examination of arrivals from infected

places or otherwise

ports

than by sea.

may be

20.-(1) Any vessel or aircraft arriving in the Colony Any vessel may be visited by a Health Officer, who may exercise or aircraft all or any of the powers vested in him by section 31, and visited by shall deal with the vessel or aircraft in the manner prescribed Health by or under this Ordinance.

Officer.

Master to furnish information to Health

Officer or Boarding Officer.

Time limits for

admission to

harbour of

622

(2) Every master of such vessel or aircraft shall allow and assist on board without delay a Health Officer as soon as he comes alongside.

(3) The master or any other person having the control of any vessel or aircraft shall give to a Health Officer, officer in charge of aerodrome or Boarding Officer such information about the vessel or aircraft and the voyage and the health of the crew and passengers and otherwise as the officer may require and shall answer truly and fully all the questions put to him by any such officer.

21. No infected, suspected or contact vessel shall enter the harbour limits before 6 a.m. or after 6 p.m. without the permission of a Health Officer.

infected,

suspected and

contact

vessels.

Infected, suspected

and contact vessels to

22.-(1) Every infected, every suspected and every con- tact vessel on entering the waters of the Colony shall display the appropriate quarantine signal as prescribed by section 35, fly quarantine and shall not communicate with the shore until granted prati- signal.

que by the express written order of a Health Officer: Provided nevertheless that any such vessel, which is on a voyage to any other place and which has held no unauthorised communication with the shore, may with the written consent of a Health Officer proceed on such voyage or tranship the passengers for the purpose of completing such voyage.

Vessels required to proceed to quarantine anchorage.

Position at quarantine anchorage determined

by Harbour

Master.

No com- munication

allowed with infected, suspected and contact vessels.

Pilot may

flying

quarantine flag.

(2) The aforesaid quarantine signal shall not be lowered until a Health Officer has given free pratique.

23. Every infected, every suspected and every contact vessel shall, unless previously granted pratique, proceed at cnce to the quarantine anchorage and shall not remove therefrom, except from stress of weather, until released by order of a Health Officer. No vessel which is compelled to leave the quarantine anchorage from stress of weather shall communicate except by signals with the shore or with any other vessel, and such vessel shall return to the quarantine anchorage immediately such stress of weather has subsided: Provided that in case of stress of weather involving probable actual danger to the vessel the vessel may remove for a time, but shall be deemed nevertheless for all purposes to be subject to all other regulations applicable to such vessels.

24. The master of every vessel shall remove his vessel to any part of the quarantine anchorage as and when required by the Harbour Master.

25. Subject to the provisions of section 26, no person other than a Health Officer, or persons in his boat, shall approach within thirty yards of an infected, suspected or contact vessel, or hold any communication except by signals with such vessel or with any person on board thereof, or receive or take any person or thing whatsoever, directly or indirectly, from the vessel or from any person on board thereof without having first received the express written permission of such Health Officer, and without observing such. precautions as he may require.

26. The pilot may board a vessel flying the quarantine board vessel flag for the purpose of taking it to the quarantine anchorage. In no case shall any member of his crew or other person board the vessel unless authorised by a Health Officer.

623

before

27. No master of any infected, suspected or contact Landing of vessel bringing passengers into the Colony shall land or passengers permit to land or to be landed from his vessel any such inspection

                               prohibited. passengers until they have been inspected and passed by a Health Officer, and the master shall afford all reasonable. facilities for enabling such inspection to be duly carried out. No master shall land or permit to land or be landed from his vessel at any place within the Colony any infected person except with the permission of a Health Officer, and any master from whose vessel any infected person is landed without permission shall, on demand from a Health Officer, forthwith remove such person from the Colony.

train to

28. (1) The guard of any train on which a case of Duty of quarantinable disease is present shall on arrival at the first guard of station report the facts to the station master, who shall report cases telephone or telegraph them to a Health Officer.

of infection.

station

infected case

(2) The station master shall detain the carriage in which Duty of the sick person is and all other occupants thereof for examina- master with tion by a Health Officer, and shall detach the carriage from regard to the rest of the train and keep it at the station until the and carriage. examination has been made, or send the carriage to another station at which the examination can be more expeditiously carried out and from which the sick person and other persons may be more easily conveyed to a hospital or place of isolation.

(3) Any person suffering or suspected to be suffering from any such disease shall be removed to a hospital or place of quarantine and remain there until discharged by the officer in charge thereof.

29. No infected, suspected or contact aircraft shall Restriction land at any place in the Colony other than a sanitary on landing

or departure aerodrome, and no such aircraft shall leave such sanitary of aircraft. aerodrome until released by order of a Health Officer.

30. No person other than a Health Officer or persons Sanitary authorised by him shall enter or depart from a sanitary aero- aerodrome, drome.

restriction of admis- sion to and departure from.

inspect

and contact

31. On the arrival of an infected, suspected or contact Health vessel at the quarantine anchorage, a Health Officer Officer to shall go on board and put to the master and surgeon, if any, infected, or to any other person on board such questions as he deems suspected necessary in order to ascertain the state of health of persons vessels. on board, the sanitary condition of the ship and cargo and the sanitary conditions of the port of departure or of inter- mediate ports touched at, and may require the presence for inspection and examination of all persons on board, and may inspect every part of the ship and demand to see the journal or log book and all ship's papers.

and

32.-(1) The master and surgeon of every such vessel Declaration as aforesaid shall make and sign before a Health Officer a true by Master declaration as to the number of crew and passengers, the Surgeon. presence or prevalence of infectious disease on board or during the voyage, the number of deaths and such other particulars as may be required by such Health Officer.

for untrue

(2) Any such declaration purporting to be signed by the Penalty master and surgeon shall be deemed to have been so declaration. signed, and any information therein contained, which shall

Penalty for failure to make

declaration.

Vessel to be dealt with according to provisions

of this

Ordinance.

Penalties for preventing Port Health Officer

inspecting

vessel.

Signals on vessels in quarantine.

Power of

Police to

restrict move- ments of

persons or things to and from

vessels in quarantine.

Power of

624

subsequently be found to be untrue, shall render such master or surgeon liable on summary conviction to a fine not exceeding one thousand dollars each and to imprisonment for any term not exceeding six months.

(3) Any master or surgeon who fails to make and sign a declaration as herein required, shall be liable on summary con- viction to a fine not exceeding five hundred dollars.

33. A Health Officer, after making such an enquiry, inspection or examination, shall deal with such vessel as afore- said and the persons and things on board in the manner pro- vided by this Ordinance or by the regulations made thereunder.

who:

34. Any master of a vessel or other person on board

(a) prevents or attempts to prevent a Health Officer from going on board such vessel;

(b) conceals from a Health Officer the true state of the health of the crew or passengers or other persons on board such vessel;

(c) refuses to answer or gives an untrue answer to any enquiry made by a Health Officer under this Ordinance;

(d) fails to produce the journal or log and ship's papers of such vessel or any of them on demand of a Health Officer;

(e) fails to present the crew and passengers for inspection when required to do so by a Health Officer;

(f) prevents or attempts to prevent a Health Officer from inspecting any part of the vessel,

shall be liable on summary conviction to a fine not exceeding five hundred dollars.

35. The master of every vessel undergoing quarantine shall display the appropriate quarantine signal which shall be-

(a) By day-

Q flag-signifying

Q flag over first substitute (QQ) signifying... Q flag over L flag (QL)-signifying.......

(b) By night-

A red light over a white light-signifying...

"My ship is 'Contact' and I request free pratique."

"My ship is 'Suspected'."

"My ship is 'Infected'.'

,,

"I have not received free pratique".

The two lights shall not be more than six feet apart.

36. The Inspector General of Police and any officer whom he may appoint for the purpose may order any person leaving an infected, suspected or contact vessel or any vessel in quarantine, or taking or sending any person or thing whatsoever from such vessel, to remain in, or return to, such vessel and may, by such necessary force as the case requires, compel any person neglecting or refusing to observe such order to obey the same.

37. Whenever

so require,

Health Officer shall a Port Health all passengers on board any vessel in quarantine or so many to passengers as he may direct shall be taken to a quarantine station and

Officer as

on board

vessels in

quarantine.

there kept and attended to for such a time as he may deem proper before allowing them to return on board the vessel or

625

to be transferred to any other vessel or to land in the Colony, The period of detention shall in no case be greater than is permitted by this Ordinance or any regulation made there- under.

detention of

38. A Health Officer may detain in a quarantine Power of station, until such time as the disease is no longer com- infected municable to others, any person desirous of landing in the persons Colony who on arrival is found to be suffering from an landing.

infectious disease.

desirous of

Health

disposal of

39. In the case of a vessel or aircraft in the waters of Power of the Colony having on board the body of any person who has Officer with died from an infectious disease, the body shall be disposed of regard to in such manner as may be ordered by a Health Officer; infectious and the master of the vessel shall carry out such orders as corpse. such Health Officer may give him in relation to the disposal of the body.

on quarantine

40. Any person entering or landing on a quarantine Trespasser station without permission may be detained and kept under station may observation at his own expense for such period not exceeding be detained. fourteen days as a Health Officer may deem proper.

Government

recovered

41. Any costs and expenses charged or incurred by the Costs Government for the vaccination, inoculation, removal, medical incurred by attendance and maintenance of any person, whether on the may be ship's articles or not, who under this Ordinance or the regula- from owners tions made thereunder is removed to any hospital or place from or agents. any vessel or aircraft for medical treatment or surveillance, or for the burial of any person who may die on any vessel or air- craft, or who dies after removal to hospital, or for the burial of any dead body found on board any vessel or aircraft, or for the cleansing and disinfection of any vessel or aircraft, or of the merchandise on board any vessel or aircraft, or of any part of the vessel or aircraft or of the merchandise, including the hire of the necessary labour, boat, junks and disinfecting appliances, shall be paid to the Government by the owners or agents of the vessel.

furnish

42. The Inspector General of Police shall furnish such Police to police assistance as any Health Officer may require for the assistance. purpose of enabling him to exercise the powers vested in him by this Ordinance or the regulations made thereunder and to deal with vessels and aircraft and persons and things on board thereof in the manner prescribed by this Ordinance.

43. Nothing in this Ordinance or the regulations made Exemption thereunder shall render liable to detention, disinfection or matter.

of postal destruction any articles being part of any mails conveyed under the authority of the postal administration of any country, except in the case of such importation as is pro- hibited under section 16.

medical

when a case

covered on

44. Should the surgeon of, or any medical practitioner Duty of visiting, any vessel or aircraft which is within the limits of practitioner the Colony find on board any infectious disease, such vessel and master or aircraft shall at once be considered as an infected vessel of infectious or aircraft under this Ordinance. It shall be the duty disease dis- of such surgeon or medical practitioner to inform the master board vessel of the nature of the disease and notify the same in writing to or aircraft. a Health Officer. All further action as regards the patient, the members of the crew, the passengers or the vessel or aircraft shall be under the direction of a Health Officer. The master of such vessel or aircraft shall

626

at once take such steps as are necessary to inform a Health Officer of the facts of the case and shall display the appropriate Quarantine Signal, and shall not permit any further communi- cation with the shore, but shall wait for instructions from a Health Officer.

Duty of

of sickness

where no surgeon is carried.

45. In case any vessel in the waters of the Colony which master in case carries no surgeon has on board any sickness, the nature of which the master is unable to determine, he shall at once hoist the call flag for medical assistance (letter M in the International Code of Signals over the Code Pennant), shall take such measures as may be necessary to inform a Health Officer and shall await his directions.

Internal

46. This Ordinance and the regulations made thereunder management shall not in any way interfere with the internal management of any of His Majesty's ships or of foreign ships of war, or with their freedom to proceed to sea, whenever the officer in command may deem such course requisite.

of ships of war not to be interfered with.

Plague precaution-

Plague Precautionary Measures.

47. Plague infected vessels and aircraft shall be sub-

ary measures jected to the following measures:-

in case

of infected vessels or aircraft.

Provisions relating to discharge

of cargo.

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) All persons who have been in contact with the sick and those whom a Health Officer has reason to consider suspect shall be disembarked if possible. They may be sub- jected to observation, or to surveillance, or to observation followed by surveillance, provided that the total duration of these measures does not exceed six days from the arrival of the vessel.

(iv) Bedding, soiled linen, wearing apparel and other articles which, in the opinion of a Health Officer, are infected shall be disinsectised and if necessary disinfected.

(v) The parts of the vessel which have been occupied by persons suffering from plague or which in the opinion of a Health Officer are infected shall be disinsectised and if necessary disinfected

48. (1) A Health Officer may require deratisation before the unloading of cargo, if he is of opinion, having regard to the nature of the cargo and the way it is loaded, that it is possible to effect a total destruction of the rats before unloading. In this case a ship shall not be subjected to a new deratisation after unloading. In other cases the complete destruction of the rats shall be effected on board when the holds are empty. In the case of ships in ballast, this process shall be carried out as soon as possible before taking cargo.

(2) If the vessel is to unload a part of its cargo only and if a Health Officer considers that it is impossible to carry out complete deratisation, the said vessel may remain in port for the time required to unload that part of its

627

cargo, provided that all precautions, including isolation, are taken to the satisfaction of a Health Officer to prevent rats from passing from the vessel to the shore, either during unloading or otherwise.

(3) The unloading of cargo shall be carried out under the control of a Health Officer, who shall take all measures necessary to prevent the persons employed on this duty from becoming infected. Such persons shall be subjected to observation or surveillance for a period not exceeding six days from the time when they have ceased to work at the unloading of the vessel.

ary measures

49. Plague suspected vessels and aircraft shall undergo Plague the measures specified in section 47 (i) (iv) and (v) and in precaution- section 48. In addition the passengers and crew may be in case of subjected to surveillance which shall not exceed six days vessels or reckoned from the date of arrival.

suspected

aircraft.

50. A vessel or aircraft shall be regarded as uninfected Plague or healthy, notwithstanding its coming from an infected port, precaution if there has been no human or rat plague on board either at contact the time of departure or during the voyage or on arrival, and aircraft. if the investigations regarding rats have not shown the existence of any unusual mortality.

vessels or

51. An uninfected or healthy vessel or aircraft shall be Pratique. given pratique immediately with the reservation that a Health Officer may prescribe the following measures in con- nection therewith:

(i) Medical inspection to determine whether the condition of the ship corresponds to the definition of an uninfected ship.

(ii) In exceptional cases and for wellfounded reasons which shall be communicated in writing to the captain of the vessel, destruction of rats on board under the conditions specified in section 48 (1).

(iii) Subjection of the passengers and crew to surveillance for a period not exceeding six days from the date on which the vessel left the infected port. The crew may be prevented during the same period from leaving the vessel except on duty of which a Health Officer has been notified.

of vessels

52. All vessels and aircraft except those employed in Periodical national coastal service shall be periodically deratised, or be deratisation permanently so maintained that any rat population is kept and aircraft. down to a minimum.

Cholera Precautionary Measures.

53. Cholera-infected vessels and aircraft shall be sub- Cholera jected to the following measures:-

(i) Medical inspection.

precaution-

ary measures in case of infected vessels and

(ii) The sick shall be immediately disembarked and aircraft. isolated.

(iii) The passengers and crew

crew may be kept under observation or subjected to surveillance during a period not exceeding five days reckoned from the date of arrival.

628

(iv) Bedding, soiled linen, wearing apparel and other articles, including foodstuffs, which, in the opinion of a Health Officer, have been recently infected, shall be disinfected or destroyed at his discretion.

(v) The parts of the vessel or aircraft which have been cccupied by the patients or which are considered by such Health Officer as infected shall be disinfected.

(vi) Unloading of cargo shall be carried out under the supervision of such Health Officer, who will take all measures necessary to prevent the infection of the persons engaged in unloading. They shall be subjected to observation or to surveillance which shall not exceed five days from the time they cease unloading.

(vii) When the drinking water on board is suspected it shall be turned off and emptied out after being disinfected and shall be replaced, after disinfection of the tanks, by a supply of water of good quality.

(viii) Such Health Officer may prohibit the emptying of water ballast which has been taken in at an infected port, unless such water ballast has first been disinfected.

(ix) Such Health Officer may prohibit the emptying or discharge of human dejecta and of waste waters of the ship into the waters of the port unless such dejecta or waste waters have first been disinfected.

Cholera precaution- ary measures in case of suspected vessels and aircraft.

Effect of bacteriolo- gical ex- aminations.

Cholera precaution-

ary measures in case of contact vessels.

Cases clinically cholera to be classed

as cholera.

54. Vessels or aircraft suspected of cholera shall be subjected to the measures prescribed under paragraphs (i), (iv), (v), (vii), (viii) and (ix) of the preceding section. The passengers and crew may be subjected to surveillance for a period not exceeding five days from the date of arrival.

55. If any vessel or aircraft has been declared infected or suspected only because of cases on board presenting the clinical features of cholera and if two bacteriological examina- tions made with an interval of not less than 24 hours between them have not revealed the presence of cholera or any other suspicious vibrios, it shall be classed as uninfected.

56. A vessel or aircraft shall be regarded as uninfected if, although arriving from an infected port or having on board persons proceeding from an infected area, there has been no case of cholera either at the time of departure from such infected port, during the voyage, or on arrival. Such vessel or aircraft may be subjected to the measures provided under paragraphs (i), (vii), (viii) and (ix) of section 53. In addition the passengers and crew may be subjected to surveillance during a period which shall not exceed five days from the date of arrival. The crew may be prevented during the same period from leaving the ship or sanitary aerodrome except on duty of which a Health Officer has been notified.

57.-(1) Cases presenting the clinical symptoms of cholera in which no cholera vibrios have been found or in which vibrios not strictly conforming to the character of cholera vibrios have been found shall be subjected to all measures required in the case of cholera.

629

(2) Germ carriers discovered on the arrival of a vessel Germ or aircraft may be treated in the same way as cases of disease.

Smallpox Precautionary Measures.

carriers.

58. Smallpox infected vessels or aircraft shall be sub- Smallpox jected to the following measures:-

(i) Medical inspection.

precaution- ary measures In the case of infected vessels or

(ii) The sick shall be immediately disembarked and aircraft. isolated.

(iii) Other persons reasonably suspected to have been exposed to infection on board, who, in the opinion of a Health Officer, are not sufficiently protected by recent vaccination or by a previous attack of smallpox, may be subjected to vaccination or to vaccination followed by observation or surveillance, the period of observation or surveillance being specified according to the circumstances, but in any case not exceeding fourteen days reckoned from the date of arrival of the vessel or aircraft.

(iv) Bedding, soiled linen, wearing apparel and other articles which such Health Officer considers to have been re- cently infected shall be disinfected or destroyed at his dis- cretion.

7) Those parts of the vessel or aircraft which have been occupied by persons ill with smallpox and which such Health Officer regards as infected shall be disinfected.

59. Vessels and aircraft which are not infected with Smallpox smallpox but which come from a port declared to be infected precaution- with the disease shall be subjected to

be subjected to the following in the case

measures :

(i) Medical inspection.

(ii) Any passenger or member of the crew who is not protected by vaccination or by a previous attack of smallpox, and who has left a local area where smallpox is epidemic within the previous fourteen days before landing in the Colony, may be subjected to vaccination followed by surveillance.

ary measures

of contact vessels or aircraft.

Provided that nothing in this section or in section 58 shall derogate from the powers in respect of vaccination or deten- tion conferred by sections 17 and 18 of the Vaccination Ordin- Ordinance ance, 1923.

Typhus Precautionary Measures.

30. Vessels or aircraft which during the voyage had, or at the time of their arrival have, a case of typhus on board shall be subjected to the following measures:-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked, isolated. and deloused.

(iii) Other persons reasonably suspected to harbour lice, or to have been exposed to infection, shall be deloused and may be subjected to surveillance during a period which shall not exceed twelve days from the date of the delousing.

(iv) Bedding, linen, wearing apparel and other articles which a Health Officer considers to be infected shall be disinfected.

No. 12 of 1923.

Typhus precaution-

ary measures in case of infected vessels or aircraft.

Yellow fever pre- cautionary

measures in case of infected

vessels or aircraft.

Yellow

fever pre- cautionary measures in case of

suspected vessels or aircraft.

Yellow

fever pre- cautionary measures in the case of contact vessels or aircraft.

Precaution- ary measures with regard to

vessels or aircraft

infected

with non- quarantin- able diseases.

630

(v) The parts of the vessel or aircraft which have been occupied by persons ill with typhus and which such Health Officer regards as infected shall be disinfected and disinsectised.

Yellow Fever Precautionary Measures.

61. Vessels or aircraft infected with yellow fever shall be subjected to the following measures:---

(i) Medical inspection.

(ii) The sick shall be disembarked, and those of them whose illness has not lasted more than five days shall be isolated in such a manner as a Health Officer may direct to prevent the infection of mosquitoes.

(iii) Other persons who disembark shall be kept under observation or surveillance during a period which shall not exceed six days reckoned from the time of disembarkation.

(iv) A ship shall be moored at least 220 yards from the inhabited shore and at such a distance from other vessels as will render the access of mosquitoes improbable.

(v) The destruction of mosquitoes in all phases of growth shall be carried out on board, as far as possible before unloading of cargo. If the unloading is carried out before the destruction of mosquitoes, the persons employed shall be subjected to observation or surveillance for a period not exceeding six days from the time when they ceased unloading.

62. Vessels or aircraft suspected of yellow fever may be subjected to the measures specified in paragraphs (i), (iii), (iv) and (v) of section 61.

63. A vessel or aircraft shall be regarded as uninfected, notwithstanding its having come from a yellow fever infected port, if on arriving after a voyage of more than six days it has no case of yellow fever on board and either there is no reason to believe that it carries adult stegomyia or a Health Officer is satisfied :-

(a) that the vessel or aircraft during its stay in the port of departure was moored at a distance of at least 220 yards from an inhabited shore and at such a distance from other vessels as to make the access of stegomyia improbable; or

(b) that the vessel or aircraft at the time of departure was effectually fumigated in order to destroy mosquitoes.

Other Infectious Diseases, Precautionary Measures.

64. (1) Any person who, on arrival in the Colony by any vessel or aircraft, is found to be suffering from chicken- pox, diphtheria, enteric, dysentery, scarlet fever, influenza, cerebro-spinal meningitis, measles or other such infectious disease, may be removed to a hospital if a Health Officer is of opinion that he cannot be isolated or treated on board.

(2) Any bedding, linen, wearing apparel or other articles which such Health Officer considers to be infected shall be disinfected as he may direct.

(3) Any part of the vessel or aircraft which such Health Officer considers to have been infected shall be dis- infected as he may direct.

631

Insanitary and Overcrowded Vessels.

Measures

65.-(1) If a Health Officer on inspection of any with regard vessel finds any decaying animal or vegetable matter, to nuisances rubbish, dirt, filth or other matter, which in his opinion is and in-

sanitary likely to be injurious to health or to create a nuisance, he conditions on may serve a written notice on the master, agent or owner board vessel of the vessel to abate the said nuisance within twelve hours.

(2) If such nuisance is not abated within such time the master, agent or owner shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default.

(3) If a Health Officer on inspection of any vessel finds any crew's quarters, living spaces, water tanks, food- lockers, paintlockers, decks, lavatories, latrines or bilges to be in a dirty or insanitary state, he may call upon the master of such vessel to carry out to his satisfaction such cleansing, disinfection, white-washing or painting as he may direct.

(4) Any master of a vessel who neglects to comply with such orders within such time as a Health Officer directs shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default, and the person whose duty it is to grant a port clearance may, on the certificate of such Health Officer, withhold a port clearance from such vessel until such Health Officer's directions have been complied with.

(5) At the discretion of a Health Officer any offen- sive articles mentioned in this section may be discharged, and the vessel may, at the owner's or agent's expense, be disinfected under the supervision of a Health Officer.

or aircraft.

(6) All expenses incurred by a

         by a Health Officer in carrying out this section shall be recoverable from the owner or agents of the vessel under the Crown Suits Ordinance, 1910. Ordinance

No. 5 of 1910.

Vessels with filthy

overcrowded

tine

66. Where a vessel has passengers on board who are in a filthy or otherwise unwholesome condition, or is over- passengers crowded with passengers, emigrants or otherwise, a Health or in an Officer may, if in his opinion it is desirable with a state to go view to checking the introduction of any infectious or to quaran- contagious disease, and on his certifying to that effect, order anchorage. the vessel to the quarantine anchorage or to such place as he may direct, and although the vessel is not infected or suspected such Health Officer may order the cleansing and disinfection of the vessel in such manner as he may deem necessary.

Part III.

THE PREVENTION OF THE SPREAD OF INFECTIOUS DISEASE.

(a) Notification.

forms to be

67. The Secretary to the Medical Department shall upon Notification application furnish every medical practitioner, every medical furnished by officer in charge of a Chinese Public Dispensary and every Secretary to officer in charge of a Police Station with the printed forms to Depart- be used in the notification of infectious disease.

Medical

ment.

Notification

632

68. No notification which contains any false information must contain shall be deemed a notification as required by this Ordinance

no false

information.

Attending practitioner to notify

Notification where no practitioner has attended.

Notification

by persons having knowledge of the

existence of disease.

or by any regulation made thereunder unless the person notifying proves that he believed and had reasonable grounds for believing such information to be true.

69. If any inmate of any premises be suffering from or has died from plague, cholera, smallpox, yellow fever, typhus, cerebro-spinal meningitis, measles, chicken-pox, diphtheria, scarlet fever, enteric, puerperal fever or rabies, and if such inmate be under the care of a medical practi- tioner, the said practitioner shall forthwith furnish a Health Officer with a notification thereof in writing stating the name of such inmate and the situation of such premises.

Such medical practitioner if not a Government Officer shall be entitled to receive, on application to the Secretary to the Medical Department, the sum of one dollar for each. and every such notification, provided that he applies for payment within one month after the notification to which it relates; but not more than one fee shall be paid in respect of each case.

70. If any inmate of any premises be suffering from or has died from plague, cholera, smallpox or cerebro-spinal meningitis, and if such inmate be not under the care of a medical practitioner, the occupier or keeper of such premises or, in default of such occupier or keeper, the nearest male adult relative living on such premises, or, in default of such relative, occupier or keeper, any person in charge of or in attendance on the sick person or dead body shall, on the nature of the disease becoming known to him or on the suspicion of the existence in such inmate of such disease, forthwith notify the same to any Government Medical Officer or the Medical Officer in charge of the nearest Chinese Public Dispensary, or any officer on duty at the nearest police station or any Sanitary Inspector, who shall immediately on receipt thereof transmit the information to a Health Officer.

or

71. All persons knowing or having reason to believe that any person has been attacked by, or is suffering from, has died from, plague, cholera, smallpox or such other epidemic, endemic, or contagious disease as may from time to time be duly notified in the Gazette, shall notify the same without delay to any officer on duty at the nearest police station, or to any Government Medical Officer or to the Medical Officer in charge of the nearest Chinese Public Dispen- sary or any Sanitary Inspector, and any such officer receiving such information whether verbal or written or discovering any such case, shall notify the same with the least possible delay to a Health Officer, and may detain such person or remove him to a hospital until he can be examined by a Government Medical Officer or a Health Officer.

Notification

by keepers of hotels, boarding

houses or

Common

lodging- houses.

72. If any person in any hotel, boarding house or common lodging-house becomes ill from any infectious, contagious or communicable disease the keeper of such institution shall forthwith give notice thereof to a Health Officer or to the Secretary for Chinese Affairs who shall im- mediately transmit such information to a Health Officer.

633

73.-(1) Any person required under this Ordinance or Delay in any regulation made thereunder to give information of any failing to

notification, infectious disease, or of any death from infectious disease, notify or

information.

who neglects without reasonable excuse to give such giving false information with the least practicable delay, shall be guilty of an offence against this Ordinance.

(2) Any person who knowingly omits or refuses to give any information which he is required to give, or who furnishes as true information which he knows or has reason to believe to be false, shall be guilty of an offence against this Ordinance.

(3) When any person is charged with neglecting to give information of any infectious disease or any death from an infectious disease he shall be presumed to have known of the existence of such disease, unless he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

be furnished

74. When any medical practitioner in attendance on Notice of any person suffering from infectious disease is satisfied that recovery to such person has so far recovered as, in the opinion of such to Health medical practitioner, to be no longer a source of infection to Officer. others, such medical practitioner shall notify a Health Officer in writing to that effect.

(b) Power of Entry for Search, Examination & Detention.

entry for

75. (1) A Health Officer may enter and search, or Fower of direct a Sanitary Inspector to enter and search, any building search and or enclosure for the purpose of ascertaining whether there is examination. any person suffering from infectious disease or contacts there- in and may cause any persons found therein to be examined in order to ascertain whether any of them are infected or have recently been infected.

(2) A Health Officer may further cause any person to be detained for medical examination and may segregate in such place as he may appoint for the purpose any person found to be or suspected to be infected.

(3) A Health Officer or any officer duly authorized by him, may at any time enter any premises for the purpose of examining, and may examine, any dead body where he has reason to believe that the cause of death has not been certified by a duly qualified medical practitioner or has doubt as to the diagnosis made, and he may if he thinks fit order the removal of such body to any place if such removal is in his opinion necessary for the further examination of the body.

magistrate

and inspect

(4)-(a) If admission to premises for any of the purposes Power of specified in this section is refused, any magistrate on complaint to authorise thereof on oath by any officer authorised by this section to officer enter and inspect premises (made after reasonable notice in to enter writing of the intention to make the same has been given to the premises. person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this section to inspect the same into the premises, and, if no such person can be found, the magistrate shall, on oath before him of that fact, by order under his hand authorise any such officer to enter the premises.

Movement of infectious

cases

restricted.

Exposure of infected persons and transfer of infectious

634

(b) After such order of a magistrate has been obtained, any officer authorised to inspect premises under this section may, if necessary, break into the premises named in the order.

(c) Any order made by a magistrate under this section shall continue in force until the work for which the entry was necessary has been done.

(c) Restrictions Against the Exposure or Transport of Infected Persons or Infected Articles.

76. Except with the permission of a Health Officer no infected person shall depart from the house or place in which the disease manifested itself to any other house or place nor shall any person assist in such departure.

77.-(1) No person while suffering from an infectious disease shall expose himself in any place to which the public has access or in any other place used in common by persons other than the members of the family or household to which such under proper infected person belongs, nor shall any person assist in such

cases except

precautions

prohibited.

Transfer or exposure of infected articles prohibited.

Diseased persons not to be carried

in public

exposure.

(2) The transport of infected persons to hospital or other place approved by the Health Officer if carried out with proper precautions shall not be deemed an offence against this section.

78. No person shall knowingly give, lend, sell, pawn, transmit, remove or expose any bedding, clothing or other articles which have been exposed to the risk of infection. Removal with proper precautions by a Health Officer shall not be deemed an offence against this section.

79. Except on the requisition of a Health Officer or police officer no owner, driver or person in charge of a public conveyance shall permit any person suffering from an conveyances. infectious disease to enter such conveyance, nor shall any infected person enter a public conveyance except with the permission of a Health Officer.

Imprest of vehicles and beasts.

80. A Health Officer may, for the purpose of carrying out the provisions of this Ordinance, temporarily impress motor cars, carts, or other vehicles ordinarily let for hire with the beasts (if any) necessary to draw them and may engage the services of labourers or coolies. The owner of any cart or vehicle so impressed shall not be entitled to claim more than a reasonable sum for the use thereof. All such vehicles shall be disinfected before being returned to their

owners.

Conditions under which infectious

cases can

be isolated in their

own houses.

(d) Isolation of Infected Person in his own Premises

81. (1) If in the opinion of a Health Officer any person suffering from an infectious disease can be properly attended in his own home without danger to others, the Health Officer may order that such person shall be detained and treated there and the premises isolated.

(2) Every such order shall be in writing and signed by the Health Officer.

635

(3) A copy of such order in English and Chinese shall forthwith be posted up in a conspicuous position on or near the patient's house, and a copy shall also be sent to the nearest police station.

(4) After the posting up of any such order and so long as the same remains in force no person, except the Health Officer or any person authorised by the Health Officer in that behalf, shall enter or leave the isolated house or remove any furniture, bedding, clothing or articles therefrom.

(5) Any person may approach the isolated house for the purpose of delivering food or medicine to the persons confined in the house or of removing their excreta but may not enter such house.

(6) The Health Officer may in his discretion disinfect any person, furniture, bedding, clothing or other articles in the isolated house and may thereupon permit such person or thing to leave or be removed from the house.

(7) When satisfied that the need for isolation no longer exists the Health Officer shall remove the order posted up as aforesaid and thereupon such order shall be deemed to be cancelled.

(8) Notice of such cancellation shall be sent to the nearest police station by the Health Officer.

(9) Upon receipt of the order mentioned in subsection (3) the officer in charge of the police station shall send as many police officers as are necessary to the isolated house and such police officers shall enforce the isolation of the house and repel any attempt by the persons confined in the house to break out therefrom or by any others to enter therein.

(10) Upon receipt at the police station of the notice mentioned in sub-section (8) the police officers shall be removed from the house.

(e) Removal of Infectious Cases to Hospital.

remove

82. (1) A Health Officer may direct the removal Power to to a hospital or other suitable building of any person infectious suffering from an infectious disease, the treatment for cases to which is provided in such hospital or building, if such hospital. person is, in his opinion, without proper lodging or accommodation or is living under conditions which are likely to cause the spread of the disease to other persons, or where there is no proper means of attending to the patient without danger to others: Provided that if any such person refuses to be so removed, it shall be lawful for a magistrate, on the application of the Health Officer, to order the removal of such person to such hospital or other suitable building.

(2) A patient so removed to a hospital or other suitable building shall there remain until discharged by the Medical Officer in charge thereof.

(f) Isolation of Contacts and Closure of Infected Buildings.

83. If in the opinion of a Health Officer it is necessary Detention of in the interests of the public health, the persons residing in Fersons a building or part of a building which is infected shall be infected detained therein or shall be removed to such other building or buildings as the Director of Medical and Sanitary Services may

occupying

houses.

Power to close and disinfect buildings and to isolate, detain, or subject to

636

direct and there be isolated and kept under supervision until such time as they may, in the opinion of the Health Officer be safely released.

It shall not be lawful for any person to reoccupy any such building or part of a building until it has been thoroughly cleansed and disinfected.

84.-(1) If in the opinion of the Director of Medical and Sanitary Services it is necessary that all or any of the inmates, not themselves sick, of any house or building or part thereof, in which a case of infectious disease exists or has recently existed, should be isolated or put under medical surveillance or that any such house or building or part the contacts thereof should be temporarily closed, a Health Officer may

direct that-

surveillance

found

therein.

(a) such house or building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein.

(b) all or any of the inmates, not being themselves sick, shall be isolated to the satisfaction of the Health Officer or removed to a quarantine station and detained there for such period as is necessary to ensure that such inmates are them- selves free from disease.

(2) All or any such inmates, who enter into a written Schedule A. undertaking according to the form in Schedule A to present. themselves daily for examination and who deposit, if required to do so, such sum of money as is fixed by the Health Officer, shall present themselves daily to the Health Officer, or to a medical practitioner approved by the Health Officer, for examination for such period and at such place and time as the Health Officer appoints.

Distinguish- ing signals

to be

shown on a quarantine station

when

cccupied.

Trespass on quarantine premises

prohibited.

Departure from quarantine station

without

permission

(g) Quarantine Station.

85. Whenever any persons are detained in quarantine at a quarantine station a yellow flag shall be hoisted by day at a conspicuous place on the station and by night a red light over a green light, at a distance one above the other of not more than six or less than four feet.

86. No person, except a Health Officer or persons authorised by him, shall enter a quarantine station.

87. No person detained in quarantine at a quarantine station shall leave such station without the permission of a Health Officer.

prohibited.

Buildings may be

requisitioned

purposes.

a

88. Any building or place which is in the opinion of Health Officer suitable and required for the purpose of for isolation isolation and treatment of persons suffering from infectious disease or suspected to be suffering from infectious disease or who are contacts, and for their detention until they are free from disease, may with the written approval of the Governor be entered upon and occupied, if untenanted, without any notice whatsoever, and, if tenanted, after twenty-

-

637

four hours notice in writing conspicuously posted on such building or such place. The owner or person entitled to the occupation of such building or place shall not be entitled to claim anything beyond a reasonable rent for the period during which such building is occupied under the provisions of this section.

(i) Disposal of Infected Dead Bodies.

infectious

89.-(1) In the event of the death of any person from Disposal of infectious disease the friends of the deceased shall be permit- corpses. ted to dispose of the corpse by cremation or burial in accordance with their religious customs at the burning ground or burial ground set apart for persons dying from infectious disease or at such other places as a Health Officer may permit and shall obey the directions of the Health Officer in all matters relating to the disinfection or to the time, route and method of removing the corpse to the cremation or burial place.

(2) In the event of failure or refusal of the friends of the deceased to dispose of the corpse the Health Officer shall see to the proper disposal of it.

examination

90.-(1) If a Health Officer has reasonable grounds Post-mortem for suspecting that any death may have been due to infectious where disease he may order the removal of the body to a mortuary infectious or other suitable place for the purpose of a post-mortem suspected. examination.

disease is

obstruction.

(2) Any person obstructing the removal of the body for Penalty for such purposes shall be liable to a fine not exceeding one hundred dollars.

dumping

91. Any person who deposits or causes to be deposited Penalty for in any public or private place, other than a grave in which it infectious may be lawfully buried, the corpse of any person who has corpses. died while suffering from an infectious disease, shall be guilty of an offence against this Ordinance.

6) Disinfection and Cleansing.

of bedding,

effects of

92.-(1) The clothing, bedding and personal effects of Disinfection all persons detained or segregated or removed to a hospital clothing and or other suitable building or place under the provisions of personal this Ordinance or the regulations made thereunder, which are cases and infected or suspected to be infected, shall be thoroughly contacts. disinfected or may be destroyed at the discretion of a Health Officer, and no person shall be entitled as of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

or destruction

93. (1) A Health Officer may disinfect or destroy Disinfection any rags, clothing, bedding or other articles infected or of infected or suspected to be infected and no person shall be entitled as suspected of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

articles.

Disinfection

of persons prior to release.

Disinfection of infected railway carriage

and articles contained therein

Detention of vehicles for dis- infection.

Disinfection

of infected vehicles.

Disinfection

of houses

638

94. A Health Officer may require any person liable to be quarantined to be disinfected before being released.

95.-(1)

-(1) Whenever it appears to a Health Officer that any railway carriage has been infected by a person suffering from plague, cholera, smallpox or yellow fever, he may order the carriage to be detained at the nearest station. for such time as may be necessary for the purpose of disinfecting it, or may order such carriage to be sent to another station at which disinfection

            may be more expeditiously carried out.

(2) Any clothing, bedding or other articles in the carriage may be disinfected or destroyed at the discretion of the Health Officer and no person shall be entitled as of right to any compensation by way of damages or otherwise for the destruction of any such article.

(3) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

96. Whenever it appears to a Health Officer that any vehicle has been infected he may detain such vehicle for such time as may be necessary for the purpose of disinfecting it.

97. All such carts and other vehicles as a Health Officer shall use for the transport of infected persons or of things likely to spread infectious disease shall be thoroughly disinfected by the Health Officer before being returned to their owners.

98. When any building or place which has been entered on and occupied under the provisions of section 88 requisitioned for hospitals. is vacated the Health Officer concerned shall be bound at the cost of Government to cleanse and disinfect the said building or place, and if a building and if he is so required to do, to whitewash it both internally and externally immediately after vacating it.

Disinfection

or closing

of dangerous wells.

Temporary closure of buildings

of case.

99. In any case

case where a Health Officer shall certify in writing that it is necessary as a precaution against the introduction of disease in any place that any well should be filled up, cleansed or disinfected, he may by written order require the owner or occupier of the house or land wherein such well is situated to fill up, cleanse or disinfect such well within a reasonable time to be specified in the order, and such owner or occupier shall fill up, cleanse or disinfect such well accordingly.

100.-(1)

(1) If in the opinion of a Health Officer it is necessary in the interests of the public health that the persons after removal residing in a building or part of a building which is infected shall be removed, he may direct that such building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein, and it shall not be lawful for any person to reoccupy such building or part thereof until it has been thoroughly cleansed and disinfected as aforesaid.

639

(2) Such cleansing and disinfection may, with the approval of such Health Officer, be done in whole or in part by the inmates or by persons engaged by them; and further if in the opinion of such Health Officer it is necessary for the thorough purification and disinfection of such premises to take down any lath and plaster or other hollow partition wall or any partition, screen, panelling, wainscotting, skirting, stair- lining, ceiling, or other similar structure or any fittings or any portion of such wall, structure or fitting, the Health Officer shall forthwith have the same taken down, and, if he considers their removal from the premises or the destruction thereof or both to be necessary in the interests of the public health, he shall forthwith cause the same to be removed from the premises or destroyed or both.

(3) Such destruction shall be carried out with such precautions and in such manner as such Health Officer may deem proper, and compensation for such removal or destruc- tion shall be given by the Governor unless it is proved that the wall, structure or fitting removed or destroyed had been unlawfully erected or maintained.

(4) Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Governor, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these provisions.

(5) The Governor shall decide in each case whether the compensation, if any, is to be paid to the owner or occupier, and payment in accordance with the decision of the Governor shall bar any further claim to compensation by owner or occupier.

Provided that nothing in this section shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

disinfection

101. If a Health Officer is of opinion that the cleans- Cleansing and ing or disinfection of a building or part of a building of buildings or of any article therein likely to retain infection would tend as a check to prevent or check the spread of any infectious disease, to the spread leprosy or tuberculosis, he may by notice in writing require the owner or occupier to cleanse or disinfect the same in the manner therein specified.

of disease.

Health

er to

cleanse and

102. When in the opinion of a Health Officer the Power of owner or occupier is from poverty or otherwise unable effectually to carry out the said requirements, the Health Officer may cleanse or disinfect or cause to be cleansed or disinfected the building or buildings or part of the same and and their any articles therein at the expense of the Government.

disinfect buildings

contents.

with or

103.-(1) After the removal of any person suffering Disinfection from an infectious disease from any house a Health Officer of premises shall cause the room which such person occupied, and any without other portion of the house which such Health Officer deems to be infected, to be thoroughly disinfected, and the house may removal be closed for such period as he may direct.

(2) No person except a Health

Health Officer or

               Officer or persons authorised by him shall enter such room or house during such period.

closure after

of cases.

Action with regard to infectious corpses.

640

104. In the event of the death of any person from infectious disease a Health Officer shall take the necessary action to prevent the spread of infection from the corpse. The clothing, bedding and all personal effects of the deceased, which are liable, in the opinion of the Health Officer, to carry infection, shall be disinfected or, if the Health Officer so orders, be destroyed by fire, and no person shall be entitled to claim compensation as of right for the destruction of any such article.

Recovery

of cost of

and pay- ment of compensation for damage.

105. Notwithstanding anything contained in the fore- disinfection going sections, the Council shall have power by officers of the Sanitary Department to enter and to cleanse and to disinfect any premises where any person suffering from plague, cholera or smallpox or any other contagious or infectious dis- ease, is or has been, or is reasonably suspected to have been, recently located, and the Council may recover the cost of such disinfection and cleansing from the house holder; but compen- sation may be given to such house holder for any bedding, clothing or other articles which have been destroyed during such cleansing or disinfection:

Limitation of liability.

Repeal of Ordinance No. 10 of 1899, B. 23 and heading, 8. 39 (20) and

Table L.

Commence- ment.

Provided that where the case of infection has been duly reported no charge shall be made for the cost of such cleansing and disinfection, and reasonable compensation for property destroyed or damaged shall in such case be given.

Limitation of liability.

106. No matter or thing done by the Council or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council or a Health Officer, shall, if it was done bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Repeals.

107. In the Merchant Shipping Ordinance, 1899, section 23 and the heading thereto, sub-section (20) of section 39 and Table L of the Schedule are repealed.

Commencement.

108. This Ordinance shall not come into operation until such date as the Governor shall notify by proclamation as the date of the commencement of this Ordinance.

641

Serial No.

(FOR RECORD IN THE HEALTH OFFICE)

Date of undertaking

Undertaker's full name

Undertaker's Address (in full)

Ship's name

Serial No.

I,

SCHEDULE A. [ss. 4, 5, 7, 10, 84. Į

Serial No.

Undertaking to submit to surveillance.

of

being desirous of proceeding to

daily at

(which I hereby declare to be my full and sufficient address), hereby undertake, in consideration of my being exempted from quarantine, (to present myself for examination at the office of the situated at a.m. for days from the date hereof, and to report immediately at the said office any change in my residence) or (to proceed direct to the said premises and to submit myself for examination daily by the examination officer for. ....................days from the date hereof).

I am aware that failure to comply with the terms of this under- taking, will render me liable to arrest, and, upon conviction, to a fine not exceeding $200.00 for every day during which the offence shall continue.

Dated this

day of

Signature of Passenger.

Before me,

Health Officer.

19

Slip No.

(TO BE HANDED TO UNDERTAKER)

Date of undertaking

Undertaker's name

Undertaker's address

Ship's name

Address of the examining officer to whom the undertaker must report

Period for which examination

is ordered

NOTE:-Breach of this undertaking renders

the offender liable to arrest and to a fine not exceeding $200 for every day during which the offence shall continue.

642

To be printed at the back.

INSTRUCTIONS.

1. This undertaking is to be forwarded by the Health Officer to the

Health Officer of the area containing the Undertaker's address.

The slip is to be handed to the undertaker.

2. The Health Officer of such area will every day, as he visits the

undertaker initial the space below.

First day

Second day

Third day

Date.

Initials.

Objects and Reasons.

This is a new Ordinance, drafted in the main by the Director of Medical and Sanitary Services to provide an up to date code for Quarantine and Prevention of Disease among human beings which has been inadequately dealt with hitherto under the Public Health and Buildings Ordinance, 1903, and the Merchant Shipping Ordinance 1899. It is one of a series of Bills which have been drafted to replace the former Ordinance.

February, 1935.

C. G. ALABASTER,

Attorney General.

643

TABLE OF CORRESPONDENCE.

In this table of correspondence

A. refers to Public Health and Buildings Ordinance 1903.

B. refers to Straits Settlements Quarantine & Prevention of

Disease Ordinance, No. 157.

C. refers to the Federated Malay States Quarantine and

Prevention of Disease Enactment.

D. refers to the International Sanitary Convention 1926.

E. refers to the International Sanitary Convention Aerial

Navigation.

Sections are indicated by plain numbers.

By-laws are indicated by numbers and letter b-as 3b.

Rules are indicated by numbers and letter r-as 3′.

Remarks.

PART I.

Public Health

(Quarantine & Corresponding Prevention of

Disease) Ordinance, 1935.

Ordinance

Section.

1

2 (1)

Aerodrome, authorized aerodrome,

aircraft

E. 1

Building

C. 2

Colonial Veterinary Surgeon

A. 6

Contact

B. 2

Crew

D.

Day

D.

Disease

B. 2

Immigrant

B 2

Infected place or port

B. 2

Quarantine

C. 2

Surveillance

E. 1

Vessel or aircraft when regarded as

infected

2 (2)

E. 24, 29, 35

3

B. 22r

4

C. 1Br

5

C. 1Br

This corresponds to the foot-note to Article 25 of the 1926 Inter- national Sanitary Convention which was specially drafted to meet the requirements of special cases such as that of Hong Kong.

6

7

B. 9

644

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Ordinance

Disease) Ordinance, 1935.

Section.

Power to make regulations corresponds

generally to A. 16 with the

following exceptions

(b) power of entry

(c) regulating movements

(d) removal of cases

(e) removal of infectious

articles is new

(j) examination of the dead...

8

B. 72; C. 4

A. 16

C. 4 (

C. 4 (e)

B. 72 (

F.M.S. Sanit- ary Board 0.4 (m)

9

B. 73; C. 5

10

C. 6

11

C. 7

12

C. 9

13

**

C. 8

14

C. 10

15

New

PART II.

16

B. 57

Cf. Merchant Shipping Ordinance,

1899, section 39 (20)......

17

18

B. 48

19

B. 67

"aircraft" added

20

B. 51

Merchant Shipping Ordinance,

1899:-

Quarantine Regulations (Table L),

No. 3 (2)......

No. 2

"

>>

No. 3 (1)......

21

No. 4

97

No. 10.........

""

222

225

23

24

25

26

B. gr

27

C. 1

28

B. 69

645

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks

Prevention of

Ordinance

Disease)

Section,

Ordinance, 1935.

29

New

30

New

31

B. 50 (2)

32

B. 54

33

B. 50 (3)

34

B. 53

35

B. 7r

From Hong Kong Police Regulations.

36

C. 18

37

C. 18r

38

New

Merchant Shipping Ordinance,

1899:-

Quarantine Regulations (Table L),

No. 8..........

39

40

B. 40r

Quarantine Regulations (Table L),

No. 14.....

41

42

B. 38r

Quarantine Regulations. (Table L),

No. 12....

43

Quarantine Regulations (Table L),

No. 7 (2)...

44

Quarantine Regulations (Table L),

No. 7 (3)........

45

Quarantine Regulations (Table L),

No. 16..

46

47

D. 25

48

D. 25

49

D. 26

50

D. 27

51

D. 27

52

D. 28

53

D. 30

54

55

蚵仔

D. 31

D. 32

56

D. 33

57

D. 29

2

646

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks.

Prevention of

Ordinance

Disease) Ordinance, 1935.

Section.

58

D. 42

59

New

60

D. 41

61

D. 36

62

D. 37

63

D. 35

64

New

65

B. 64

From Hong Kong Quarantine Regu- lations (Table L), No. 13 (modi- fied).

66

PART III.

P. H. & B. O. Notification by-laws...

7

P. H. & B. O. Common Lodging

house by-laws

588

67

A. 4b

68

A. 3b

69

A. 1b

22

70

A. 2b

71

A. 5b

75

2 2 2 2

72

A. 16b

73

New

74

New

C. 40r

76

B. 15 (a) (b) C. 33r

77

B. 15 (c) (d)

78

B. 15 (e)

888

79

C. 35 (1)г

80

C. 34r

81

B. 7

82

B. 6

A. 87

P. H. & B. O. Disinfection by-laws...

83

A. 3b

84

B. 8

85

C. 22r

86

C. 23r

647

Table of Correspondence,-Continued.

Public Health

(Quarantine & Corresponding

Remarks

Prevention of

Disease) Ordinance, 1935.

Ordinance

Section.

87

C. 24r

89

88888

C. 32r

C. 42r

90

B. 11

=

91

B. 16

92

C. 38r

93

C. 39r

94

New

95

B. 69 (4)

855

96

C. 35 (ii)

97

C. 34r

98

C. 32r

99

C. 47 (ii)r

Disinfection by-law

100

A. 3b

101

B. 13 (1)

102

B. 13 (3)

C. 36 (1)

103

C. 37

104

C. 42

105

A. 89

:

106

A. 269

Repeals

107

Commencement

108

648

No. S. 58. The following Bill, as amended by the Standing Law Committee of the Legislative Council, is published for informa- tion in accordance with Standing Order 27 (14) :-

C.S.O. 1 in 4301/29.

A BILL

[No. 17:-28.2.35-10.

INTITULED

An Ordinance to amend the law relating to town cleansing, nuisances, domestic sanitation, the licensing of certain premises and trades and the disposal of the dead.

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

PART I.

Short title.

Saving as to tenancy contracts.

Interpreta. tion.

Animals.

Author of nuisance.

Balcony.

Basement.

Building.

PRELIMINARY.

1. This Ordinance may be cited as the Public Health (Sanitation) Ordinance, 1935.

2. Nothing herein contained shall vary or affect the rights or liabilities as between landlord and tenant under any con- tract between them.

3. In this Ordinance and in all by-laws made there- under

'Animals' means cattle, sheep, goats and all other ruminating animals, and swine and equines.

'Author of a nuisance' means the person by whose act, default, permission or sufferance the nuisance arises or con- tinues.

'Balcony' means any stage, platform, oriel or other similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

'Easement' means any cellar, vault, under-ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding two feet above the floor level.

'Building' includes any part of every domestic building, house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and

1

649

Authority.

'Building Authority' means the Director of Public Works Building or such other officer of the Public Works Department as may be appointed to be the Building Authority.

'Cattle' means bulls, cows, oxen, heifers, calves and Cattle. buffaloes.

'Cockloft' includes any floor other than a ground floor, Cockloft. and any platform or landing of a greater breadth than three feet, which has not a clear space of nine feet measured vertically above it.

'Colonial Veterinary Surgeon' includes any veterinary Colonial

                              Veterinary surgeon authorised by the Governor to perform the duties Surgeon. of the Colonial Veterinary Surgeon under this Ordinance and also any Assistant Colonial Veterinary Surgeon.

'Council' means the Urban Council unless some other Council. Council is indicated.

'Cubicle' means any portion of a room partitioned off for Cubicle. the purpose of being used as a sleeping place.

'Dangerous trade' means any manufacturing process or Dangerous handicraft in which lead, arsenic, mercury, phosphorus or any trade. other poisonous substance whatsoever is used.

'Domestic building' means any building constructed, used Domestic building. or adapted to be used, wholly or partly, for human habitation, but does not include any building where caretakers only, not exceeding two in number, pass the night.

air.

'External air' means the air of any space which is vertic- External ally open to the sky and unobstructed and which (when measured from and at right angles to the external surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony) has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

'Factory' means any premises or place wherein or within Factory. the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

'Floor' includes any horizontal platform forming the base Floor. of any storey, and every joist, board. timber, stone, brick or other substance connected with and forming part of such platform.

'Health Officer' includes the Director of Medical and Health Sanitary Services, any medical officer appointed as a Health Officer. Officer by the Governor, any Colonial Veterinary Surgeon and any officer for the time being performing the duties of a Health Officer.

'Hill District' means any part of the island of Hong Kong Hill above the 700 feet contour.

District.

'Householder' means the actual tenant or occupier of House- any building, or, in cases where there is no such person, then holder. the owner of such building, and, in the case of corporations, companies and associations, the secretary or manager thereof.

Latrine.

Latrine accommoda-

tion.

Pail latrine.

Mid-level District.

Occupier.

Offensive trade.

650

'Latrine' includes privy, pail latrine, water closet and

urinal.

'Latrine accommodation' includes a receptacle for human excreta together with the structure comprising such receptacle and the fittings and the apparatus connected therewith.

'Pail latrine' means latrine accommodation including a moveable receptacle for human excreta.

'Mid-level District' means that portion of the City of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulum Road at No. 1 Bridge and passing along Pokfulum Road, High Street, Bonham Road and Caine Road as far as Ladder Street, thence along Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the northern boundary of Inland Lots 100, 1086, 122 and 123, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern Boundary of War Department land, thence along the Western boundary of Inland Lots 47A, 47 and 1211 until this line produced meets Monmouth Path, thence in a straight line to the north-west corner of Inland Lot 2325, thence in a straight line to the north-west corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries are to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the southern boundary of the City of Victoria

It also includes any such other area or any modification. of the said area as the Governor in Council may define and notify in the Gazette.

'Occupier' means any person in actual occupation of any premises.

'Offensive trade' includes:

(a) the trades of blood-boiling, tripe-boiling, soap-boiling, fat-boiling, tallow-melting, resin-boiling, bone-boiling, bone- crushing, bone-burning, bone-storing, rag-picking, rag- storing, manure manufacture, blood-drying, fell-mongery, leather-dressing, tanning, glue-making, size-making, gut- scraping. storing, dressing and preparing sharks' fins, hair- cleaning, feather-storing, feather-cleaning and pig-roasting (except the roasting of pigs in any domestic building or restaurant for consumption in such domestic building or restaurant by the inmates or visitors thereof);

(b) any trade, business or manufacture which is declared by the Council by by-law to be an offensive trade;

(c) any trade, business or manufacture which is carried on in such a way as to be dangerous or injurious to the health of persons engaged in it, or in such a way as to be dangerous or injurious to the health of persons residing in the neighbour- hood; and

(d) any other noxious, offensive, noisome or unhealthy trade, business or manufacture whatsoever.

1

+

651

'Owner' includes any person holding premises direct from Owner. the Crown, whether under lease, licence or otherwise, and also any person for the time being receiving the rent of any premises, solely or as joint tenant or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

'Person' includes a body corporate, a partnership and Person. an association of persons unincorporated.

'Premises' includes any land, building or structure of Premises. any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or enclosed, cesspool or foreshore, and also any vessel lying within the waters of the Colony.

'Public building' includes any building, not in occupation Public of the Naval, Military or Air Force Departments, used for building. public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital or for any other public purpose whatsoever.

latrine.

'Public latrine' means any latrine to which the public are Public admitted on payment or otherwise.

'Refuse' includes dust, dirt, ashes, rubbish, sweepings Refuse. and every other kind of waste matter whatsoever.

'Room' includes any sub-division of any storey of any Room, domestic building other than :-

(a) a cubicle;

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes

'Secretary' and 'Assistant Secretary' mean the Secretary Secretary. and Assistant Secretary of the Council respectively.

'Storey' means the space between the upper surface Storey. of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

Street.

Tenant.

Tenement.

Tenement

house.

652

'Street' includes the whole or any part of any square, court, alley, highway, lane, road, road-bridge, foot-path or passage whether a thoroughfare or not.

'Tenant' includes any person who holds direct from any householder the whole or any part of any floor or floors of any building.

'Tenement' means an apartment consisting of one or more rooms or cubicles let separately from the rest of the house.

'Tenement house' means any domestic building construct- ed, used or adapted to be used for human habitation by more than one tenant.

Urban District.

Verandah.

Vessel.

Water closet.

Window.

Working class tenement house.

Works.

Workshop.

'Urban District' includes the City of Victoria, Kowloon, New Kowloon and any such area as the Governor in Council may define and notify in the Gazette.

'Verandah' means any stage, platform or portico pro- jecting from a main wall of any building and supported by piers or columns.

'Vessel' means any steam, motor or sailing ship, launch, motor boat, junk, lighter, sampan or boat.

'Water closet' means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

'Window' means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable also, when opened, of admitting air.

'Working class tenement house' means a house divided into tenements for the accommodation of persons of the labouring, artisan or mechanical classes.

'Works' includes the partial or total constructing, recon- structing, pulling down, opening, cutting into, adding to and altering any building, wall, retaining wall, chimney-stack, flue, ground, road, well, drain or sewer, and any other building operation whatsoever.

'Workshop' means any premises or place other than a factory wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for the purpose of gain in or incidental to making any article or part of an article, or altering or repairing or ornamenting or finishing or adapting for sale any article, provided that at least twenty persons are employed in manual labour in the said premises or in the close, curtilage or precincts thereof.

653

POWER TO MAKE BY-LAWS.

4. (1) The Council shall have power to make by-laws Matters with regard to the following matters:-

with regard to which the Council

(i) the periodical entry and inspection of all buildings has power and curtilages-

(a) for the purpose of ascertaining the sanitary condition, cleanliness and good order thereof or any part thereof, and of any storeys, cocklofts or partitions therein, or the condition of any drains, latrines, cubicles and kitchens therein or in connexion therewith;

(b) for the purpose of ascertaining whether the same are in an overcrowded condition;

(ii) the prevention and abatement of nuisances;

(iii) the promotion of domestic cleanliness;

(iv) the cleansing, limewashing and proper sanitary maintenance of all premises;

(v) the promotion of lighting and ventilation in public or private buildings;

(vi) the provision and maintenance of proper latrine ac- commodation in private and public buildings;

(vii) the limitation of accommodation in premises and the prevention of overcrowding;

(viii) fixing from time to time the number of persons who may occupy a domestic building or any part thereof, and marking on the exterior or interior of such buildings the number of persons permitted to occupy the same or any part thereof;

(ix) prescribing the conditions under which alone it shall be lawful to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used for habitation or for occupation as a shop, any cellar, vault, underground room, basement or any room any side of which abuts on or against the earth or soil;

(x) the closing of premises unfit for human habitation and the prohibition of their use as such;

to make by-laws.

(xi) the control of wells and pools and of all water used for domestic or trade purposes where such water is derived from any spring, well, pool, pond, water channel or other source which is not included in the term "Waterworks' as defined in section 2 (m) of the Waterworks Ordinance, Ordinance 1903;

(xii) the prevention of the propagation of mosquitoes;

(xiii) the provision and proper construction of dust-bins or dust-cans in public or private premises;

(xiv) the cleansing of domestic buildings and the removal therefrom of refuse and all objectionable matter at stated times;

(xv) scavenging and the removal and disposal of refuse;

No. 16 of 1903.

By-laws

subject to

654

(xvi) conservancy and the removal and disposal of excretal matter;

(xvii) the erection of public latrines and applications for permission to erect such latrines; and the sanitary mainten- ance of public latrines, urinals, dust-bins and manure depots;

(xviii) the sanitary maintenance of eating houses, restaurants, factories, workshops, breweries, distilleries, theatres and places of public instruction, recreation or assembly;

(xix) the control of dangerous, unhealthy and offensive trades, the prohibition of the continued maintenance of any such trade without a licence from the Council, the prohibition of the establishment of any such trade without a licence from the Council, and the revocation of licences to carry on such trades;

(xx) the regulation of public baths, laundries and wash- houses;

(xxi) the construction, licensing and proper sanitary maintenance of places and buildings in which animals are kept in private premises;

(xxii) providing for the regular inspection of all places where animals are kept;

(xxiii) the breaming of vessels and the maintenance of cleanliness in the harbours, on the foreshores and in the waters of the Colony;

(xxiv) the disposal of the dead, the regulation and sanitary maintenance of cemeteries, the fees to be charged in respect of graves, exhumations, interments, embalmings and storage of corpses, the keeping of such registers as may be necessary, and all other matters connected therewith; also the regulation and sanitary maintenance of mortuaries. and the disinfection of dead bodies; and

(xxv) the prescribing of forms.

(2) The Council may in any such by-laws prescribe fines for any breach thereof not exceeding fifty dollars in each case. If no specific penalty is prescribed by the Council for the breach of any by-law, the maximum penalty for such breach shall be a fine not exceeding fifty dollars.

(3) No by-law made by the Council under this Ordinance shall be held to be invalid on the ground that it imposes obligations or confers powers which exceed the obligations imposed or the powers conferred by some section of this Ordinance dealing with the same subject-matter as the by-law in question.

5.-(1) All by-laws made by the Urban Council shall be submitted to the Governor, and shall be subject to the Legislative approval of the Legislative Council.

approval of

Council.

Schedule A.

(2) The by-laws in Schedule A shall be in force except as they may be rescinded, suspended, amended or added to by by-laws made by the Council under section 4.

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655

PART II.

ESTABLISHMENT.

and group- ing of

6. The Inspectors and such other subordinate officers Appointment as may be appointed by the Governor under section 9 of the Urban Council Ordinance, 1935, shall, for the purposes of officers. this Ordinance, be grouped under the Health Officers who will be under the general direction of the Director of Medical and Sanitary Services.

Position of Medical and Sanitary

Director of

7. For the purposes of this Ordinance and of the by-laws made thereunder the Director of Medical and Sanitary Services shall be the professional adviser to the Council and shall give such directions to the Health Officers as may be necessary relation to for carrying out the lawful decisions of the Council.

Power of Entry.

Services in

Council.

8. Any Health Officer or any officer duly authorised by Power of him may, with or without assistants as he may deem desirable, entry to at all times between 6 a.m. and 6 p.m. enter and inspect any infectious house or premises for the purpose of ascertaining the sanitary condition thereof, or of ascertaining whether any infectious or contagious disease exists therein :

Provided always that unless in the opinion of such officer any delay in entering and inspecting may, or is likely to, prove injurious or detrimental to public health, he shall in each case before entering and inspecting, if the occupiers offer any reasonable objection thereto, give them two hours notice in writing of his intention, by leaving such notice with them or at the house or premises which he intends to enter and inspect. In the case of Chinese occupiers such notice shall be in the Chinese character.

disease.

entry for

9. Any Health Officer may also enter and inspect any Additional house or premises at any hour of the day or night for the powers of purposes mentioned in section 8 without giving any such Health notice as aforesaid, provided the officer so entering has a special order in that behalf signed by the Chairman of the Council.

Officers.

inspect

10. Any select committee of the Council, or any officer Special specially authorised by the Chairman of the Council, and sub- authority to ject to such directions as he may impose, may enter and for over- inspect at any time any domestic building for the purpose of crowding. ascertaining whether such building or any part thereof is in an overcrowded condition.

necessary

surface.

11. If it shall be requisite for the purpose of ascertaining Authority the sanitary condition of any domestic building or curtilage, for opening to open the ground surface of any part thereof, any ground Inspector in possession of authority in writing signed by the Secretary or by a Health Officer, after giving not less than 48 hours' notice in writing signed by either of the aforesaid officers to the occupier or owner of such domestic building or

Secretary to furnish authority granting power of entry to inspect for

over-

crowding.

Entry between midnight

and 6 a.m. prohibited except under

special permit.

Power of magistrate

to authorise officer to enter and inspect premises.

Means of access to

buildings from

scavenging lanes.

656

curtilage of his intention to enter the same for the purpose of opening up the ground surface thereof, may so enter, with such assistants as may be necessary, and open the ground sur- face of any such premises in any place or places he may deem fit, doing as little damage as may be. Should the material which has been used for covering such ground surface, and the nature and thickness thereof, be found satisfactory and in accordance with law, such ground surface shall be reinstated and made good by the Council at the public expense.

12. The Secretary shall, upon the requisition of a Health Officer, authorise in writing, in English and Chinese, one or more of the Inspectors to enter any domestic building at any hour between 6 p.m. and midnight for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition.

13. No Inspector shall, between the hours of midnight and 6 a.m., enter any domestic building for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition, without the written permission, in English and Chinese, of the Chairman of the Council.

14.-(1) If admission to premises for any of the pur- poses of this Ordinance is refused, any magistrate on complaint thereof on oath by any officer authorised by this Ordinance to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same during the hours pre- scribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact, by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained under this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

15.- (1) Every scavenging lane (or side street or open space used for scavenging where no scavenging lane is provided) may be used at any time by any public officer, and every such lane, street or open space may be used at any time by any authorised person as a means of approach to any build- ing to which such lane, street or space gives access for the purpose of inspecting, scavenging or cleansing any part of such building.

(2) If any open space appurtenant to a building is en- closed the communication door or gate shall be opened by the occupier whenever required by any authorised person for the purpose of inspecting, scavenging, cleansing, or the removal of nightsoil from any part of such building.

A

657

Power of arrest.

arrest in

16. In the absence of an officer of police it shall be Power of lawful for any officer of the Sanitary Department, absence of in whose presence a summary offence in the nature police officer. of a sanitary nuisance has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by complaint and summons.

PART III.

SANITARY PROVISIONS.

The Prevention and Abatement of Nuisances and the Prevention of the Propagation of Mosquitoes.

17. The following shall be deemed to be nuisances liable Nuisances. to be dealt with summarily in the manner provided by this Ordinance :-

(1) any building or part of a building which is so dark, ill-ventilated or damp, or in such a condition of dilapidation, as to be dangerous or prejudicial to the health of the inmates;

(2) any building or part of a building which contains rat-holes or rat-runs or other similar holes, or which is infested with rats, or in which the ventilating openings are not protected by gratings in such manner as effectually to exclude rats there- from;

(3) any premises which are so overcrowded or in such a dirty or insanitary condition as to be dangerous or prejudicial to health;

(4) any street or road, or any part thereof, or any water- course, nullah, ditch, gutter, side-channel, drain, ashpit, sewer, latrine, urinal or cesspool, so foul as to be noxious, noisome or unhealthy;

(5) any noxious matter or waste water flowing or dis- charged from any premises, wherever situated, into any public street or road, or into the gutter or side-channel of any street or road, or into any nullah or watercourse or the bed thereof;

(6) any watercourse, well, tank, pool, pond, canal, conduit or cistern, the water of which, from any cause, is so tainted with impurities or so unwholesome as to be injurious to the health of persons living near or using such water, or which is likely to promote or aggravate epidemic disease;

(7) any accumulation or deposit of stagnant water, sullage-water, manure, house-refuse or other matter, where- ever situated, which is unhealthy;

(8) any spring, seepage, stream, drain, water course or collection of water liable to form a breeding place for mos- quitoes;

Power to inspect premises where

existence of

nuisance presumed.

658

(9) any stable, cow-house, pigsty or other premises for the use of animals, or in which live fish or birds are kept, which is in such a condition as to be injurious to the health of man or of such animals, fish or birds;

(10) any offensive trade which is being carried on without a licence from the Council;

(11) any cemetery or place of burial so situated or so conducted as to be unhealthy;

(12) any fireplace adapted for the use of charcoal or wood as fuel which is not provided with a hood of sheet metal or other approved material of sufficient size connected with a chimney or smoke flue;

(13) any internal surface of the walls of any kitchen not rendered in cement mortar or other non-absorbent material to a height of four feet from the floor level;

(14) any internal surface of any latrine not rendered in cement mortar or other non-absorbent material to a height of three feet from the floor level or on which the rendering is cracked, broken or in any way defective;

(15) any floor of any kitchen, bathroom, latrine or urinal or the ground surface of any building, area, backyard, court- yard or alley-way on which slops may be thrown or on which foul waters flow, which is or has been paved or covered over with impervious material but which has been subsequently broken, excavated or otherwise disturbed;

(16) any defective eaves, gutter, waste-pipe or rain water pipe which discharges over any street;

(17) any opening in the wall of any building for the discharge of sullage water not provided with a fixed grating of cast-iron or in which the grating is broken or is in any other way defective;

(18) any surface trap or gully not provided with a hinged grating or in which the grating is broken or is in any way defective;

(19) any chimney (not being a chimney of a private dwelling house) or any furnace sending forth smoke in such quantity as to be a nuisance; and

(20) any act, omission or thing which is, or may be, dangerous to life or injurious to health or property.

18.--(1) It shall be lawful for any Health Officer, on reasonable presumption of the existence of a nuisance on any premises, by an order in writing to authorise any officer of the Sanitary Department, with an assistant or assistants, to enter such premises at any time between 6 a.m. and 6 p.m. and to inspect the same.

(2) The inspecting officer shall produce and show the order to any person being, or claiming to be, the occupier of such premises: Provided that the inspecting officer shall not at any time enter any house or upon any land which may be occupied, should such occupier object to his entry, without previously giving the said occupier two hours notice in writing of his intention to do so.

A

659

refusing

19. Any person refusing admittance to the said inspecting Penalty for officer, after such notice has been given, shall be liable to a admittance. fine not exceeding twenty-five dollars.

found on

20. When larvae of mosquitoes are found on any pre- Action mises, the Council may, on the advice of a Health Officer, where give notice to the owner or occupier of such premises to larvae remove all accumulations of water from such premises and to take steps to prevent the recurrence of the breeding of mosquitoes in any such accumulations of water, and such owner or occupier shall comply with such notice forthwith.

premises.

notice

abatement

21. On the receipt of any information respecting the Council existence of a nuisance, the Council shall, if satisfied of may serve its existence, serve a notice on the author of the nuisance, or if requiring such person cannot be found, on the owner or occupier of the of nuisance, premises on which the nuisance arises, requiring him to abate the same within a reasonable time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided that-

(1) where the nuisance arises from the want, or defective construction, of any latrine accommodation, or where there is no occupier of the premises, notice under this section shall be served on the owner;

(2) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the Council may abate the same;

(3) where the nuisance arises or continues by the act, default or sufferance of the owner, and such owner cannot readily be found, the Council may, if the nuisance urgently requires abatement, abate the same and recover all reasonable expenses from such owner;

(4) where the nuisance arises in or on any lane, yard, passage, landing, stairway, roof, latrine or other place, which is used in common by two or more occupiers of any premises which are occupied as dwellings, offices, workshops, factories or stores, notice under this section may be served on the

owner.

directing

22.--(1) It shall be lawful for the Council in any Council may case where there is a contravention of any by-law, to issue a serve notice notice to the offender stating what is required to be done to compliance carry out the provisions of such by-law, and to call upon him with by-laws. to comply with such notice within a reasonable time to be stated in the said notice.

(2) The Secretary, any Health Officer or such other officer as the Council may depute may, however, institute summary proceedings before a magistrate against any person contravening any by-law without the previous issue of such notice by the Council and the magistrate may impose a fine not exceeding fifty dollars.

notice.

23. If the person served with notice under section 20, Council may section 21 or section 22 is dissatisfied therewith, it shall be law- review ful for him, within the time therein specified, to apply to the Council to review the same, stating the grounds of his applica- tion, and the Council shall thereupon inquire into the matter and shall confirm, modify, suspend or discharge the said notice, or extend the time allowed for compliance therewith.

On non- compliance

660

24. If such person has not obtained from the Council modification or withdrawal of the notice, and con- complaint to tinues to make default in complying with the requirements

with notice

be made

before a magistrate.

Power of magistrate to make an order dealing with a nuisance.

Order prohibiting use, etc., of building unfit for human habitation, or for

animal

habitation.

Penalty for

order of magistrate or for

defacing

any copy of such order.

a

thereof, or, in the case of a nuisance, if the same, although abated since the service of the notice, is in the opinion of the Council likely to recur on the same premises, the Council shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a magistrate, who shall thereupon issue a summons, requiring the person on whom the notice was served to appear before him.

25.-(1) If the magistrate is satisfied that the require- ment of the Council is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the said premises, he shall make an order on such

person-

(a) requiring him to comply with all or any of the require- ments of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or

(b) prohibiting the recurrence of the nuisance, and direct- ing the execution of the works necessary to prevent the re-

currence; or

(c) both requiring abatement and prohibiting the recur- rence of the nuisance.

(2) The magistrate may, by his order, impose a fine not exceeding fifty dollars on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making of the order.

26. Where the nuisance proved to exist is such as to render any building, in the judgment of the magistrate, unfit for human habitation, or for animal habitation, he may by an order in writing prohibit the use thereof for the purpose until, in his judgment, it has been rendered fit for that purpose, and may direct that a copy of such order be affixed to the building in question, and may further order that such building, and the approaches thereto (if any), shall be pro- perly closed and secured by the owner; and, on the magistrate being satisfied that it has been rendered fit for that purpose, he may by order declare the building habitable, and, from the date thereof, such building may be inhabited.

27.-(1) Every person who fails to obey an order to contravening comply with the requisitions of the Council or of any Health Officer or of any select committee of the Council, and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during his default; and every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues; moreover, the Council may, by any officer, enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.

661

(2) Every person who defaces any copy of a magistrate's order, which has been affixed to any building or premises, shall be liable to a fine not exceeding fifty dollars.

re nuisances.

28.-(1) The competent authority to deal with nuisances Competent under this Ordinance shall be, unless the context otherwise re- authority quires, the Chairman of the Council or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent au- thority as hereinbefore defined, such authority shall serve a notice on the author of the nuisance or, if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate, who, either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate Provided that nothing in this section contained shall prevent a conviction under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

(3) In case the said nuisance shall not be abated within the time limited, it shall be lawful for a magistrate to make an order empowering the competent authority to abate the nuisance; and all expenses incurred by such authority in causing such nuisance to be abated as aforesaid shall forth- with be paid by the person against whom the original order to abate such nuisance was made, or, failing him, by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

(4) Whenever the demolition of any building or works or any part thereof shall take place under any order made under sub-section (3) it shall be lawful for the competent authority, in case of non-payment of the said expenses by the person liable to pay the same, to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

(5) In case the person liable to pay the same shall not forthwith pay all expenses incurred by the competent authority in the abating of any nuisance as required by this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

(6) Nothing in this Ordinance contained shall affect any other remedy for the abatement of nuisances.

(7) Notices issued by the Council relating to nuisances Form of shall be in the form in Schedule B with such modifications as may be necessary.

nuisance notice. Schedule B.

1

Wells not to be sunk or re-opened without

permission of the Council

and

Building Authority.

Construction of wells.

Excavation allowing stagnant water.

Closing of insanitary

wells.

Obstruction

prohibited.

662

Wells and Pools.

29.-(1) Except with the permission of the Building Authority and of the Council, which may be granted on a written application, it shall not be lawful to sink or re-open any well to be used for any other purpose than that of flushing water closets and urinals or to allow any such well to be sunk or re-opened.

(2) Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

30. No premises shall be so excavated as to admit of the formation on the surface thereof of pools of stagnant or other foul waters, and it shall be lawful for the Council to call upon the owner of any premises whereon such pools may exist to fill up the same with good clean earth to the level of the sur- rounding ground, or to drain off such pools by means of surface-drains into any channel with which they may lawfully communicate.

31. (1) Where it is made to appear to the Council that any well is in an insanitary condition, or is likely to prove injurious to health. and that it is expedient that it should be closed and filled up, the Council may call upon the owner, by notice in writing, to close and fill up the same within the time limited in such notice.

(2) If such notice is not complied with, the Council may cause the owner to be summoned before a magistrate, who may make such order in the matter and as to costs as he may deem right. Should the magistrate order the well to be closed and filled up, he may impose a fine not exceeding five dollars for each day his order is not complied with.

Maintenance of Adequate Lighting and Ventilation.

32.--(1) In no case may any unauthorised obstruction in open space whatever be placed or erected in any open space provided for the efficient ventilation or lighting of any building under the provisions of any Ordinance.

Verandahs and balconies not to be inclosed.

(2) No partition (other than such as may be necessary for the separation of the verandah or balcony of any building from the verandah or halcony of any adjacent building) shall be maintained in any verandah or balcony over unleased Crown land or over any street, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part (except by a balustrade not exceeding three feet in height) or used as a bathroom, urinal, water closet, sleeping apartment, store- room or kitchen, nor shall any rain or other water be discharged therefrom save in the manner provided by section 52 of the Buildings Ordinance, 1935.

Provided that, in the case of hotels and blocks of offices. such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

1

663

window.

33.-(1) No room

shall be maintained or used for Every room

                                         to be sleeping purposes in any storey of any existing domestic provided building, or of any domestic building hereafter erected, with sky- unless such room is provided with a skylight, or with light or a window or windows opening either directly or across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth of the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level:

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as he may deem expedient.

(2) No screens or partitions shall be erected or maintain- ed in any room on the ground floor of any domestic building with the exception of such as form one 'ping fung', one show- case, and one accountant's office.

Such structures must comply with the following require- ments, namely:-

(a) A 'ping fung' shall be composed of wire netting, lattice work, railings or carved wood-work which shall be arranged in such a manner as to leave at least two-thirds of its area open and as far as possible evenly distributed.

(b) A show-case shall not extend more than two-thirds across the width of the room and shall leave a space of not less than four feet measured vertically between the top of such show case and the underside of the floor or joists of the floor above.

(c) An accountant's office must have either-

(i) its partitions, with the exception of the one formed by a show-case, composed of wire netting, lattice work, railings or carved wood-work arranged in such a manner as to leave at least two-thirds open and as far as possible evenly distributed or

(ii) the whole of its front open with the exception of a counter not exceeding three feet and six inches in height, or in the case of a pawnbroker's shop not exceeding seven feet and six inches in height.

in Council

of the

demolition

additional

34. (1) Whenever the Urban Council on the repre- Governor sentation of a Health Officer is satisfied that any of the rooms on repre- in any block of domestic buildings are so dark as to be sentation dangerous or prejudicial to the health of the inmates, the Council Council may recommend in writing to the Governor in may order Council the demolition of all storeys above the lowermost of storeys, storey of every third building in such block, and the provision provision of of additional windows for such of the buildings as are allowed windows, to remain, and the carrying out of such consequential works and other as the Urban Council may deem necessary to render such certain buildings healthy and secure; and the Governor in Council cases, sub-

ject to may thereupon direct that such demolition and such compensa- consequential works be carried out, and the amount of tion. compensation to be paid by the Government in respect of such buildings as are demolished wholly or in part shall be determined by arbitration in the manner hereinafter provided.

1

works in

Ordinance No. 6 of 1901.

Obstruction

of windows prohibited.

Conditions under which

cubicles may be erected and main- tained.

664

(2) The cost of any works carried out under this section, exclusive of any such compensation as aforesaid, shall be certified by the Building Authority, and the Governor in Council may thereafter impose, in such proportions as he may decide, a special improvement rate upon the owners of such of the ad cining houses as are in the opinion of the Governor in Council benefited by such works; such rate shal! not exceed an annuity for such period not exceeding thirty years as may be agreed upon, which shall be calculated at the rate of five per cent. interest, and of which the present value shall be the cost above referred to. Every such rate may be recovered by the Treasurer in the same manner as if it were a rate imposed under the provisions of the Rating Ordinance, 1901. The owners may, however, pay such cost into the Treasury at any time within one month from its being notified to them as certified by the Building Authority, and, further, may at any time pay into the Treasury the present value of the balance of any annuity unexpired.

(3) The Governor in Council may permit any part of any works directed under this section to be carried out by the owner at his own cost, but subject to the satisfaction of the Building Authority and to such conditions and in accordance with such plans and particulars as the Governor in Council may direct.

35. No window of any tenement house shall be obstructed by the erection of any structure or fitting whatsoever, or by any household goods or merchandise.

Sleeping Accommodation

36.-(1) No cubicle shall be erected, or, if already erected, be maintained in any room unless such room be provided with a sky-light or windows opening either directly or across a verandah or balcony into the external air, and having a total area equal to at least one-tenth of the floor area of such room and capable of being opened to the extent of one-half at least, and unless the area of such sky-light, window or windows which is clear of any obstruction to the light is equal to one-half at least of the total area of such sky-light, window or windows.

(2) Not more than three cubicles shall be allowed in any room, and, in the event of any room not having a window at the rear opening either directly or across a verandah or balcony into the external air, only one cubicle shall be allowed in such room.

(3) No cubicle shall be erected, or, if already erected, maintained, on the ground floor of any domestic building.

(4) The cubicle or cubicles in a room shall be so placed as to leave at least two-fifths of the width of the window or windows required by this Ordinance without any cubicle partition in front of such two-fifths.

(5) No cubicle shall have a less floor area than sixty- four square feet, nor a less length or width than seven fect.

(6) There shall be a space measured vertically between. the top of every portion of the partition of every cubicle and the ceiling or undersides of the supports of the floor above, or of the roof, as the case may be, of not less than four feet.

665

(7) No cubicle or partition shall be erected, or if already existing shall be allowed to remain, in any kitchen.

(8) No portion of the structure of any cubicle shall exceed six feet in height.

(9) No portion of the structure of any cubicle except the necessary corner posts shall be nearer than two inches to the floor of such cubicle, and no structure shall be erected, or if already existing shall be allowed to remain, within any cubicle which is of a greater height than the maximum height allowed by this section for any portion of the structure of such cubicle or which provides a cover or roof to the cubicle.

(10) All cubicles and partitions referred to in this section shall be constructed of wood, metal or other material approved by the Building Authority and shall be painted, whitewashed or otherwise kept clean to the satisfaction of the Council.

Provided that the Council, with the consent of the Governor in Council, shall have power in all cases to grant a modification of or exemption from the requirements of this section upon such conditions, if any, as the Council may deem expedient.

containing

partitions

37. It shall be lawful for a magistrate, in his absolute Closure of discretion, to order the whole or any portion of any building, premises or of any storey containing a cubicle or partition, which is unauthorised contrary to the provisions of this Ordinance, to be forthwith cubicles and closed and to remain closed until the alterations or removal by order of required have or has been certified in writing by the Secretary magistrate. to have been made and completed to the satisfaction of the Council. Every person found living in any building or portion thereof so closed as aforesaid shall be deemed to have acted in contravention of this Ordinance and shall be punish- able accordingly.

demolition

38. It shall be lawful for a magistrate in any case in Magistrate which it is proved to his satisfaction that any mezzanine floor, may order cockloft, cubicle, partition or shop-division is not in and removal accordance with the provisions of this Ordinance, to order, of cubicles,

                               partitions, either in addition to er in substitution for any penalty etc., which specified in this Ordinance, the immediate demolition, removal do not

                               comply with and destruction thereof or of any portion thereof by any provisions officer deputed by the Council, and no compensation shall of the be payable to any person in respect of any damage done thereto by such demolition, removal and destruction.

Adequate Latrine Accommodation to be Provided

Ordinance.

latrine

tion to be

dealt with by the Council.

39. Should it appear to the Council that any building Inadequate or part of a building is without sufficient and proper provision of latrine accommodation and that such accommodation is accommoda- necessary for the use of the occupants of such building or for the use of the persons employed in such building, or that the existing latrine accommodation available for use by the occupants of any building or by the persons employed therein is insufficient or for sanitary reason objectionable, the owner of such building shall, upon receipt of a written notice to that effect from the Council, provide a latrine, or additional latrines, to the satisfaction of the Council and also of the Building Authority. to whom plans together with the said notice shall be submitted before work is commenced.

Latrines

not to be connected directly

with drains.

Daily cleansing of pail latrines.

Water

closets and

urinals.

666

40. No latrine other than a water-closet shall be main- tained or used so as to have any direct communication, by means of any pipe, drain or grating, with any underground private drain or public sewer, and any existing latrine, not being a water-closet, having such communication shall have the same completely cut off by the owner when so required by the Building Authority.

41. In the case of pail latrines the closets and pails shall be cleansed daily and the nightsoil removed and disposed of daily. Where pail latrines are provided for the use of tenants of blocks of tenement houses these requirements shall be carried out by such persons as the Council may direct.

42.--(1) No person shall maintain, or allow to remain water flushed on any premises owned or occupied by him, any water closet or urinal constructed before the 24th day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and the consent of the Governor in Council or was constructed in and is in a hospital.

(2) Except with the permission of the Council and in accordance with the terms of such permission no person shall construct any water closet or urinal; nor shall any person maintain or allow to remain on any premises owned or occupied by him, any water closet or urinal constructed since the 23rd day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and of the Colonial Secretary and in accordance with the terms of such permission.

(3) It shall be lawful for a magistrate to order the removal of any water closet or urinal whatsoever if the water closet or urinal was constructed or has been maintained without due permission or in breach of any of the terms or conditions of any such permission, or if the water closet or urinal has been kept in an insanitary or uncleanly condition or has no sufficient supply of water for the flushing thereof to the satisfaction of the Council.

(4) A magistrate shall order the removal of any water closet or urinal whatsoever which has not been removed within fourteen days after a notice to remove it shall have been served on either the owner or the occupier of the premises on which the water closet or urinal was being main- tained. Such notice shall be effective notwithstanding any intermediate dealing with the said premises.

(5) The notice referred to in sub-section (4) may be given at any time by the Council and shall be in the absolute discretion of the Council.

(6) Any order of a magistrate under this section may be. made against either the owner or the occupier of the premises on which the water closet or urinal is being maintained.

(7) Any order of a magistrate made under this section shall be a complete authority to the person against whom it is made to remove the water closet or urinal in question.

(8) If the water closet or urinal is not removed within such time as may be limited by the magistrate it shall be lawful for a magistrate, without prejudice to any penalty to

667

which any person may be liable, to make an order empowering the Council and any person authorised by it to enter the premises and to remove the water closet or urinal in question; and all expenses incurred by the Council in causing such removal shall forthwith be paid by the person against whom the original order of removal was made, or failing him by the owner of the premises in question, without prejudice to any right of such person or owner to recover the amount of such expenses

expenses from

liable for the same. other any

person

(9) In this section 'urinal' means a water flushed urinal.

Limitation of Accommodation and Prevention of

Overcrowding.

buildings

prevention

43. A Health Officer or such other officer as the Measure- Council may appoint for this purpose shall, within such limits ment of as the Council may from time to time define, cause to as first step be measured the floor area and cubic capacity of all domestic towards buildings or parts thereof, and shall cause to be calculated of over- the number of occupants that may lawfully be accommodated crowding. in such buildings or any parts thereof in accordance with the provisions of this Ordinance, and shall cause such number in English and Chinese to be fixed to such buildings or parts thereof in such manner as the Council may from time to time direct.

44. In the calculation of cubic space for human Calculation habitation:

(u) no height over ten feet shall be taken into account.

(b) no passage, lobby or other space partitioned off from any room to the height of the ceiling shall be included in the cubic space of such room.

(c) Every person over ten years

        ten years of age shall be considered as an adult and every two persons of ten years or under shall be counted as one adult.

of cubic

space.

tion.

45. Every domestic building and any part thereof Limit of found to be inhabited in excess of a proportion of one adult accommoda- for every 35 square feet of habitable floor space or superficial area, and 350 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition :

Provided that :-

(i) Every domestic building within the mid-level district or within the Hill District, and any part thereof (with the exception of quarters occupied by servants), which is occupied by more than one adult for every 1,000 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition.

(ii) The provisions of this section shall not apply in the case of temporary structures provided for housing workmen during the progress of works.

Lessor

responsible

for over-

46. (1) It shall not be lawful for any householder or tenant to let or sub-let, or allow to be used for occupation, any domestic building or any part thereof to or by so large crowding. a number of persons as to cause the same to be in an over- crowded condition.

;

Steps to be

taken to

abate over- crowding.

Limits of fittings for sleeping accommoda- tion.

Kitchen

not to be used as sleeping

room or

latrine.

668

(2) The householder or tenant (together with his family, if any) if resident in any such domestic building shall be counted in ascertaining whether such building or any part thereof is in an overcrowded condition.

Where any domestic building or any part thereof is ascertained to be in an overcrowded condition between 11 p.m. and 5 a.m., such overcrowding shall be deemed to be prima facie evidence that such building, or part thereof, was let or sub-let in contravention of this section.

47.-(1) If any domestic building or part thereof shall be found to be in an overcrowded condition, any officer being duly authorised so to do may within five days apply to a magistrate to suminons before him each tenant or householder of such building.

(2) If it be proved that the said domestic building or any part thereof was overcrowded within five days prior to the issue of the summons, the magistrate may inflict a fine not exceeding twenty-five dollars on the person summoned, and may further make an order for the abatement forthwith of such overcrowding.

(3) Every person who fails to obey any such order and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during such default, and every person who knowingly and wilfully acts contrary to any such order shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues.

(4) On the hearing the magistrate may make such order for the inspection, at any hour of the night or day, of the said domestic building or any part thereof as the circumstances of the case may require. Such order shall continue in force for a period not exceeding one month.

48. No room fitted with bunks or beds shall be so fitted as thereby to provide sleeping accommodation for a greater number of persons than are by law permitted to occupy the

room.

49.--(1) No kitchen shall be used as a sleeping room, and the householder or tenant thereof shall be responsible that the kitchen is not so used.

(2) No latrine accommodation shall be constructed or maintained in any kitchen or other place where food is prepared.

Basements

not to be cccupied without

permission.

Basements.

50. It shall not be lawful, without the written permission of the Council, to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used, any basement for habitation or for occupation as a shop, workshop or factory, and no basement shall be so used unless it is well lighted, ventilated and drained, and is free from damp and is rendered rat-proof to the satisfaction of the Council.

669

Public Latrines.

51.-(1) No public latrine shall be erected until the Sanction of sanction of the Council in writing has been obtained.

Council

necessary for erection

latrines.

(2) The Council shall not incur any legal liability in of public respect of having granted such sanction, nor shall such sanction protect the owner of any public latrine from any liability to an injunction or other legal proceedings should the latrine be at any time so conducted as to become a nuisance, or its erection be contrary to agreement or be otherwise wrongful.

52. When, in the opinion of the Council, additional Council may public latrine accommodation is required in any locality upon apply to unleased Crown Land, the Council may apply in writing to the for additional Governor, through the Colonial Secretary, specifying the site public upon which it desires the erection of a public latrine, and the accommodation to be provided by such latrine.

latrines.

to erect

53. If such application is approved by the Governor Notification a notification shall be published, in English and Chinese, in of intention three successive numbers of the Gazette, specifying the site public and notifying that the Government proposes to erect thereon latrine. a public latrine.

of public

54.-(1) If any owner or occupier of property in the objection immediate vicinity of such site objects to such erection, such to erection objection must be sent in writing to the Colonial Secretary so latrine. as to reach his office not later than one week after the publica- tion of the last of such notifications.

(2) Such objection must state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

55. If such objection is so duly made and is not with- Resolution drawn the Government shall not be entitled to claim the im- of Legisla

tive Council munity conferred by section 56, unless, after such objection where has been considered, a resolution of the Legislative Council objection is passed approving of the site and the erection thereon of such latrine.

is made.

granted or

suit to be brought in

56. Where such resolution as is mentioned in section 55 No injunc- has beeen passed or where no objection has been so duly tion to be made or has been withdrawn, no injunction shall be granted against the erection, continuance or use of such latrine, nor shall any suit be brought for damages or compensation in respect of such erection, continuance or use.

certain

cases.

latrines

57. The immunity with regard to injunction and suits Existing conferred by section 56 is hereby extended to all the Govern- public ment public latrines existing at the commencement of this protected Ordinance, as fully as if the resolution referred to had been from passed in each case.

injunction.

58. The Council shall have the control and management Council to of all Government public latrines erected under the provisions control

                               public of this Ordinance, or protected thereby, and any provisions latrines. relating to public latrines shall apply to all Government public latrines.

59. Nothing in this Ordinance contained relating to Saving of public latrines shall in any way be deemed to derogate from existing

rights. any existing rights or powers of the Government.

Council may restrict washing of clothes by washermen to public laundries.

Nuisances in factories or workshops, etc.

Proper latrine accommoda- tion to be provided.

Maintenance

670

Laundries.

60. The Council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling except at public laundries or at such other places as it may appoint for the purpose.

Maintenance of Sanitary Conditions in Factories.

61. Whenever it appears to the Council that any factory or workshop is damp or that it is not ade- quately lighted or is not ventilated in such a man- ner as to render harmless, as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried on therein, or is not maintained in a clean- ly condition, or is so overcrowded during the time in which work is carried on as to be dangerous or injurious to the health of the persons employed therein, the Council may, by written notice, require the owner thereof to take such steps as the Council may consider necessary to prevent such dampness, or adequately to light or ventilate the premises, or to render harmless as far as practicable any gas, vapour, dust or other impurity, or to cleanse the premises, or to prevent the same from being overcrowded.

62. Every factory and workshop whatsoever employing not less than 20 persons shall be provided by the owner thereof with proper latrine accommodation on the premises, for the separate use of persons of each sex, to the satisfaction of the Council.

63. Every factory and workshop shall be kept in a of cleanliness. cleanly state.

Lime- washing.

Avoidance of effluvia.

Accommoda-

tion

64.-(1) All the ceilings and inside walls of a factory or workshop shall be limewashed at least once a year. If these have been oil painted or varnished they shall be washed with hot water and soap once every fourteen months.

(2) The Council may by special order grant exemptions from requirements as to limewashing or washing.

65. Every factory or workshop shall be kept free from effluvia arising from any drain, latrine, urinal or other

nuisance.

66. When less than 250 cubic feet of air space per person are provided in a factory or workshop such factory or to air-space. Workshop shall be held to be so overcrowded as to be danger-

ous or injurious to the health of those employed therein.

according

Number of occupants

to be

posted.

Maintenance

67. In every factory and workshop a notice must be affixed specifying the number of persons which can be em- ployed in each room.

68. In every room in every factory and workshop of ventila sufficient means of ventilation must be provided and main-

tion.

tained."

*

671

->

Regulation of Dangerous, Unhealthy or Offensive Trades or Occupations.

any Special any of Council

permission

69.-(1) No person shall establish or carry on in premises any dangerous or

dangerous or any offensive trade in part of the Colony, without the special permission necessary

before any

trade can be

in writing of the Council, and a

a magistrate may, in dangerous or addition to any penalty which he may inflict for a con- offensive travention of this section, order the closing of

                 any such established. premises for such period as he may deem necessary.

(2) For the purposes of this section, any such business shall be deemed to be established not only if it has been estab- lished but also if it is removed from any one set of premises to any other premises, or if it is renewed on the same set of premises after having been discontinued for a period of twelve months or upwards, or if any premises on which it is carried on are enlarged without the permission of the Council; but a business shall not be deemed to be established anew on any premises by reason only that the ownership or occupancy of such premises is wholly or partially changed, or that the building in which it is established having been wholly or partially pulled down or burnt down has been reconstructed without any extension of its area.

Provided always that any permission given by the Council under this section shall be revocable at any time by the Council.

70. The Council may by an order in writing prohibit the Council may occupation for domestic purposes of any building in which any domestic prohibit dangerous or any offensive trade is carried on.

Keeping of Cattle, Swine, etc.

occupation of dangerous trade building.

required for

71. The keeping of cattle, swine, sheep or goats with- Licences out a licence from the Council is prohibited, and every person keeping who keeps any such animal, either without a licence from cattle, swine, the Council or in a manner contravening such sanitary sheep or conditions as may be indorsed on such licence, shall be liable goats. to a fine not exceeding fifty dollars, and, further, to forfeit all or any of the animals in respect of the keeping of which he has so offended.

72. No person shall bring into the Colony, or drive, Prevention of carry, transport, remove, or have or keep, or knowingly suffer suffering. to be had or kept under his control or on his premises, any animal or other creature in any way which may cause it need- less or avoidable suffering.

PART IV.

DISPOSAL OF THE DEAD.

Cemeteries.

may

73.-(1) It shall be lawful for the Governor in Council, Governor by notice published in the Gazette, to authorise places to be in Council used as cemeteries or urn cemeteries, and it shall be lawful authorise for the Urban Council by by-law to set apart any portion of use of any authorised cemetery as an urn cemetery.

flaces for cemeteries and Urban Council may set apart portions

for urn cemeteries.

672

(2) The cemeteries and urn cemeteries set forth in the list immediately following this section, and such other ceme- teries and urn cemeteries as may be authorised by the Governor in Council, and such urn cemeteries as may be set apart by the Urban Council, shall be deemed authorised cemeteries or urn cemeteries as the case may be.

(3) The cemeteries and urn cemeteries set forth under the sub-heading "Closed Cemeteries" in the list of authorised cemeteries and urn cemeteries immediately following this section shall be deemed to have been closed.

(4) It shall be lawful for the Governor in Council, by notice in the Gazette, to close any authorised cemetery or urn cemetery.

Authorised cemeteries.

Authorised Cemeteries.

The Mount Caroline Cemetery. The Kai Lung Wan Cemetery, West.

The Kai Lung Wan Cemetery, East.

The Aberdeen Cemetery, Sham Wan.

The Shek O Cemetery.

The Chai Wan Cemetery.

The Fukienese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Pokfulam Road.

The Chinese Permanent Cemetery, Aberdeen. The Colonial Cemetery, Happy Valley. The Roman Catholic Cemetery, Happy Valley. The Mahomedan Cemetery, Happy Valley. The Hindoo Cemetery, Happy Valley. The Zoroastrian Cemetery, Happy Valley. The Jewish Cemetery, Happy Valley.

The Eurasian Cemetery, Mount Davis.

The French Mission Cemetery, Pokfulam.

The Roman Catholic Cemetery, Sookunpoo.

The Aplichau Urn Cemetery.

The Cheung Sha Wan Urn Cemetery.

The Chai Wan Urn Cemetery.

The Ho Mun Tin Urn Cemetery.

The Sai Yu Shek Urn Cemetery.

The Kai Lung Wan East Urn Cemetery.

The Aberdeen (Sham Wan) Urn Cemetery.

The New Kowloon Cemetery No. 1.

The New Kowloon Cemetery No. 2.

The New Kowloon Cemetery No. 3.

The Kowloon Inland Lot No. 2148 Cemetery.

The Kowloon Cemetery No. 2.

673

The Kowloon Cemetery No. 3.

The Kowloon Cemetery No. 4.

The New Kowloon Urn Cemetery No. 5. The New Kowloon Cemetery No. 6.

The New Stanley Cemetery.

Closed Cemeteries.

The Mount Davis Cemetery.

Closed cemeteries.

The Ma Tau Wai Cemetery.

The Kai Lung Wan Extension Cemetery.

The Po Kong Cemetery.

The Shamshuipo Cemetery

The Tseung Lung Tin Cemetery, Cha Kwo Leng.

The Sai Yu Shek Old Cemetery.

The Kowloon Tong Cemetery.

The Cheung Sha Wan Cemetery.

The Kennedy Town Cemetery.

The Hau Pui Lung Cemetery.

The Tai Shek Ku Urn Cemetery.

The Christian Chinese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Kowloon Tong.

The Indian Cemetery, Tai Shek Ku.

The Western portion of the Aberdeen (Sham Wan)

Cemetery.

The Section D Mount Caroline Cemetery.

The Stanley Cemetery.

The Christian Chinese Cemetery, Stanley.

The Sookunpoo Urn Cemetery.

The Telegraph Hill Urn Cemetery.

The Kowloon Cemetery No. 1.

burial

74. Every person who, without the written permission Penalty for of the Governor granted on the recommendation of the outside a Council, buries any dead body elsewhere than in an authorised cemetery. cemetery which has not been closed, and every person who without such permission deposits an urn containing the remains of any dead body elsewhere than in an authorised cemetery which has not been closed, shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

and removal

75.-(1) Subject to the provisions of this section it Exhumation shall not be lawful without a permit, granted in the manner of remains, hereinafter provided, to exhume any body or the remains of except by

permit, any body which may have been buried in any place or to prohibited. remove the remains of any body from any urn which may have

D

Persons to whom

permits may be issued.

Authorities for issuing permits.

Council may

to managers

674

been deposited in any place, and every person who exhumes any body or the remains of any body, or who removes the remains of any body from any urn, contrary to the provisions of this Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

(2) Subject to the provisions of sub-section (4), such per- mit shall be granted only to the legal personal representative or next of kin of the person whose body or the remains of whose body are concerned or to the duly authorised agent of such legal personal representative or next of kin.

(3) Such permit may be granted-

(a) in respect of any authorised cemetery or urn ceme- tery, by the Council under the hand of the Secretary, and

(b) in respect of any place other than an authorised ceme- tery or urn cemetery, by the Governor under the hand of the Colonial Secretary.

(4) Notwithstanding the provisions of sub-section (2), it grant permits shall be lawful for the Council, under the hand of the Secretary, of cemeteries. to grant to the manager or managers of a leased cemetery a permit for the removal of any body or the remains of any body from any place in such leased cemetery.

Governor may grant permits.

Permitting authority

may

prescribe

conditions.

Permit where

grave held

(5) Notwithstanding the provisions of sub-section (2), it shall be lawful for the Governor, under the hand of the Colonial Secretary, to grant a permit, for the removal of any body or the remains of any body from any place other than an authorised cemetery, to any person who in his opinion has a sufficient interest in the disposal of the body or remains in question.

(6) The permitting authority may in each case prescribe such conditions as he may deem fit, and any person who neglects to observe the conditions of the permit shall upon summary conviction be liable to a fine not exceeding two hund- red dollars.

(7) No such permit shall be granted in respect of any under Crown grave or urn on land held upon lease from the Crown without the written consent of the Crown lessee or his duly authorised agent.

Lease.

Power of Governor to remove any body or remains.

Six months notice required.

Duty of Secretary

for Chinese Affairs.

(8) Notwithstanding anything contained in this section, it shall be lawful for the Governor, whenever he shall deem it expedient, to remove any body or the remains of any body from any grave or urn whatsoever and by order under his hand to direct such removal to be made in such manner as he shall think fit.

(9) No such order shall be made directing any such re- moval from an authorised cemetery or urn cemetery until six months notice of the intention to make it shall have been given by notification in the Gazette.

(10) When an order is made directing a removal from any place other than an authorised cemetery or urn cemetery, the Secretary for Chinese Affairs shall take such steps, if any, as he may deem necessary for giving notice to the persons interested in the disposal of the body or remains.

675

proper

(11) The Government shall make proper and fitting ar- Fitting and rangements for the reburial in an authorised cemetery or urn arrangement cemetery of any body or the remains of any body removed to be under sub-section (8) and for the removal and re-erection of reburials. any monument, all charges in connexion therewith being de- frayed out of the public revenue : Provided that, when it is desired otherwise to dispose of bodies or the remains of bodies of persons of Chinese race in accordance with Chinese custom, the necessary permission shall be given, subject to such con- ditions as the Governor may prescribe, all reasonable expenses in connection with such disposal, if within the Colony, being defrayed out of the public revenue.

Chairman

(12) Any body or the remains of any body hereafter Power of buried or deposited without permission elsewhere than in an to dispose authorised cemetery or urn cemetery shall be liable to removal of body without notice by direction of the Chairman of the Council buried and may be disposed of as he may direct.

without permission.

(13) When any body or the remains of any body is or are Removal of removed under any of the provisions of this section, it shall grave or urn be lawful to remove also any grave or urn in which such body or remains are found.

nuisance.

(14) If any urn or the human remains contained therein Abatement be found in any authorised cemetery to be causing a nuisance of ur and the next of kin of the deceased cannot readily be found, it shall be lawful for any Health Officer to abate the nuisance by causing the urn to be reburied in a position as near as may be to that in which it was found.

office of

(15) There shall be kept at the office of the Council Records to a record of every permit granted and of every order or direc- be kept at tion made under the provisions of this section, other than Council.

Such record permits, orders or directions relating to urns. shall contain particulars, so far as the same can be ascertained, of the race, nationality, name, sex and age of the persons whose bodies or the remains of whose bodies have been re- moved under the provisions of this section, and particulars of the places from which and to which the same have been removed. Such record shall be open to inspection by any person during office hours.

(16) Notwithstanding anything contained in this section, Powers of it shall be lawful for a magistrate to order the exhumation of magistrate. any body or the remains of any body for the purpose of inquiry into the death of any person.

PART V.

GENERAL.

'Service of Notice, Summons or Order.

summonses

76. Any notice, summons or order given, issued or Service of made under the provisions of this Ordinance, may be served notices, upon the person affected by the document to be served, either or orders. personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last-known place of

676

business or of residence of the person to be served, or, if there is no occupier of such premises, or if no address in the Colony of the person to be served is known, by posting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or, if the whereabouts of such owner or agent be unknown, by posting a registered letter addressed to such owner or agent at his last-known place of residence or of business in the Colony.

Penalty for

contraven-

tions.

Recovery

Contraventions and Penalties.

77. Every act, failure, neglect or

            or omission whereby any requirement or provision of this Ordinance is contravened, and every refusal to comply with any of such requirements or provisions, shall be deemed a contravention of this Ordinance.

78. All penalties imposed by this Ordinance may be of penalties. recovered summarily before a Magistrate on complaint by the Secretary or such other officer as the Council may depute.

Penalty

nuisance.

79. Every person who as architect, engineer, clerk of for building works, contractor, foreman or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner of any build- ing or works on which any such nuisance exists, shall upon summary conviction be liable to a fine not exceeding two hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing

80. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or magistrate's who, without reasonable excuse, refuses to permit any Health

to obey

order or

obstructing Health Officer.

Penalty for other contraven- tions.

Liability of

secretary or manager of company.

Proceedings against several

persons.

Officer or other officer of the Sanitary Department, to enter or inspect any building or works in the performance of his duties. under this Ordinance, and every person who obstructs or hinders any such officer as aforesaid in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

81. Every person who contravenes any of the provi- sions of this Ordinance or of any by-law made thereunder, in respect of which contravention no special penalty is otherwise provided, shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

82. Where a contravention of any of the provisions of this Ordinance is committed by any company or corporation, the secretary or manager thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

83. Where proceedings under this Ordinance are com- petent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

3

·

677

Appeal to the Governor in Council.

Governor in

any person

with power

84. (1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or of any person Council to whom discretionary power is given under this Ordinance in against respect of any act, matter or thing which is by this Ordinance decision of made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of the Council or of any such under this person either as to the carrying out of or the meaning of any Ordinance. of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.

empowered

state case

for the opinion of on question

Full Court

85.-(1) In any appeal under the provisions of section Governor in 84 the Governor in Council may at any time in his discretion Council direct a case to be stated for the opinion of the Full Court on in any any question of law involved in any appeal submitted to him. appeal to The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

(4) The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council.

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 84.

of law.

Governor

86. Every order of the Governor in Council on any Order of appeal shall be final and may be enforced by the Supreme in Council

Court as if it had been an order of that court.

enforced by the Court.

I

Reimburse- ment of

expenses.

Recovery

678

Recovery of expenses by the Council.

87. All reasonable expenses incurred by the Council in consequence of any default in complying with any order or notice issued under the provisions of this Ordinance shall be deemed to be money paid for the use and at the request of the person on whom the said order or notice was made, and shall be recoverable from him in the ordinary course of law at the suit of the Secretary. The provisions of this section shall apply to any orders or notices issued under any by-law by the Council or by any duly appointed committee of the Council

88. The provisions of the Crown Remedies Ordinance, of expenses. 1875, shall apply to the recovery of all such expenses, and the certificate required by that Ordinance shall be signed by the Secretary

Ordinance

No. 6 of

1875.

Granting of certificates by Council.

Certificates.

89. Certificates and written permissions of the Council under this Ordinance or under any by-law may be given under the hand of the Secretary or such other officer as the Council may appoint in that behalf. Such certificates and permits shall for all purposes be prima facie evidence of the matters therein stated.

Obstruction of streets prohibited.

Private streets.

90. No shed, lean-to, shelter, show-case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor in Council.

Submission of claim.

Arbitrators.

91. No suit, action or other proceedings shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment payable is otherwise provided for by this Ordinance, submit to the Colonial Secretary, on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, if any such plans are so deposited, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

Appointment 92. In the event of dispute, the amount of compensa- of arbitra- tion, if any, payable under this Ordinance shall be determined

by arbitration in the manner following:-

tors.

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claim- ing compensation.

(2) The two arbitrators so nominated shall view the pre- mises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final

679

(3) In case of disagreement the arbitrators shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(4) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

93. (1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such purpose compensation the value of any land resumed or of any building thereon-

on which

to be based.

No. 6 of

1901.

(a) may take into consideration the rateable value and Ordinance the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state;

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the maintenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisi- tion being compulsory.

(2) The said arbitrators or umpire shall also receive. evidence to prove―

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel or as a gaming house or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall-

(a) in cases (a) and (b), so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c), be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

(c) in case (d), be based on the value of the land and of the materials of the buildings thereon.

Vacancies

among arbitrators.

Breach of

condition of

modification

680

94. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by the claimant, shall be filled by some other person so appointed.

Miscellaneous.

95. The breach of or failure to perform any term or condition attached to any modification of or exemption from or exemption. any provision of this Ordinance shall entitle the authority by whom such modification or exemption was granted to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

Registration

of modifica- tion and

thereof.

96. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and cancellation of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the pro- perty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

Limitation of personal liability of

97. No matter or thing done by the Council or Building Authority or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person the Council, whomsoever acting under the direction of the Council, a Health

members of

Building Authority and others.

Protection

of persons acting under the Ordinance, Ordinance

No 31 of 1911.

Application

of Ordin- ance to New

Officer or the Building Authority, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it. is expressly so enacted.

98. The provisions of section 48 of the Interpretation Ordinance, 1911, shall apply to actions or proceedings com- menced against the Council, a Health Officer, the Building Authority or any person acting under their or his direction, or against any member of the Urban Council or any officer or other person acting in his aid, for anything done or intended to be done or omitted to be done under the provisions of this Ordinance.

99. This Ordinance and the regulations and by-laws made thereunder shall not apply to any part of the New Terri- tories, except New Kowloon, unless and to such extent as the Territories, Governor in Council shall by order otherwise direct.

etc.

Certificates granted under

Ordinances repealed preserved.

100. Nothing in this Ordinance shall be deemed in any way to derogate from or lessen the validity or effect of any licence, certificate or written permission of the Sanitary Board granted before the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate or written permission.

681

101. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by Proclamation as the ment. commencement of this Ordinance.

SCHEDULE A.

[s. 5 (2).]

BY-LAWS.

Basements.

Conditions which must be fulfilled before a basement

1. The conditions under which alone it shall be lawful to live in, occupy or use for habitation, or to let or sub-let or to suffer or permit to be used for habitation, any basement shall be that such basement is pro- vided with one window at least opening into the external air, and that the total area, clear of any obstruction to the light, of such window or windows is at least one-tenth of the floor area of such basement: occupied as Provided always that the Council may, if it thinks fit, grant permission a habitation. in writing to obstruct or cover such area in any manner which may be previously approved by the Council.

can be

2. (1) The conditions under which alone it shall be lawful to Conditions occupy or use, or to let or sub-let, or to suffer or permit to be used under which for occupation as a shop, workshop or factory, any basement shall be a basement that such basement complies with the provisions of the preceding can be by-law and is lit, ventilated and maintained in a sanitary condition occupied as

to the satisfaction of the Council.

(2) Such shop, workshop or factory may not be used for habita- tion except by such number of persons as the Council may authorise in writing, and in every case in which the Council authorises any person or persons to use for habitation any such shop, workshop or factory, sleeping accommodation shall be provided by the erection of a cockloft or bunks which shall have a clear space of at least 4 feet between it or them and such side or sides of the basement as abuts or abut against the earth or soil.

a shop, workshop or factory.

Cattle, Swine, etc.

1. Annual licences expiring on the 31st December of the year in Licences which they are granted may be issued for the keeping of cattle, swine, expire in sheep and goats.

December.

2. Any person desirous of obtaining a licence to keep cattle, Application swine, sheep or goats shall make application to the Council by means for licence.. of a properly filled in form, for which purpose blank forms can be obtained from the Secretary at his office.

3. No building in which cattle, swine, sheep or goats are housed Regulations shall be situated nearer than six feet to any dwelling house nor shall as to animal' such building in any way connect with a public or private sewer except houses. with the special permission of the Council. Such building shall be built of brick or stone or other material to be approved by the Council and shall be lighted and ventilated to the satisfaction of the Council, and the flooring thereof shall be of granite slabs, concrete, or other impervious material and provided with watertight channels for draining all urine and fluid noxious matters into a watertight covered sump or such other place as may be approved by the Council. The sump shall be constructed to the satisfaction of the Council and shall be emptied and the contents thereof together with the solid manure in the building removed daily. The Council may, however, waive any of these conditions, provided that in the opinion of the Council such can be done without danger to the public health.

Area and

cubic space for a cow.

Area and

cubic space for a sheep

or goat.

Area and

cubic space

for each

pig.

Concerning cleanliness and lime- washing.

Buildings licensed for

animals not to be used

for other purposes.

Licensed buildings

to be open to inspection.

Disease to

682

4. Each COW shall have at least thirty-two square

                               feet of standing room, and three hundred and sixty cubic feet of air space; in no case shall a cattle-shed be less than twelve feet in height.

5. Each sheep and goat shall have at least eight square feet of standing room and ninety cubic feet of air space.

6. Each pig shall have at least eight square feet of standing room, and every pigsty shall be not less than four feet in height at its lowest part.

7. The buildings shall be at all times kept in a cleanly condition and the walls be scraped and limewashed during the months of January and July in each year.

8. A building for which a licence is held to house cattle, swine, sheep or goats shall not be used for any other purpose than the housing of such animals.

9. Buildings in which cattle, swine, sheep and goats are housed shall be at all times open to inspection by any member of the Council, Health Officer or Sanitary Inspector.

10. Every licensee or, in his absence, the person in charge of the be reported. animals shall, with all possible speed, report to the Colonial Veterinary Surgeon or to the officer in charge of the nearest police station any and every case of disease occurring amongst his animals. In the event of an animal dying, the carcase shall not be removed or buried without an order in writing from the Colonial Veterinary Surgeon or from some person authorised by him.

Cancellation

of licence.

Calculation of cubic space for calves.

Calculation of cubic space for lambs or kids or young pigs.

Water supply for animals.

Restrictions as to grazing.

11. The Council may, in its discretion, cancel any licence to keep animals on the holder of such licence being a second time convicted before a magistrate for a breach of these by-laws.

12. In the calculation of cubic space under by-law 4 two calves under one year shall be counted as one cow.

13. In the calculation of cubic space under by-laws 5 and 6 two lambs, two kids and two young pigs under four months shall be counted as one sheep, one goat and one pig respectively.

14. Any person desirous of obtaining a licence for a building in which animals are to be housed shall make adequate provision that such building shall have a suitable supply of good wholesome water for the use

of the animals to be housed therein, and such supply of water shall be within such distance of the building as shall in each case be determined by the Council.

15. No cattle or goats shall be turned out to graze, except on fenced land in the possession or occupation of the owner of such cattle or goats, without a written permit from the Council which may contain conditions as to hours of grazing, area to be grazed and other matters.

Power of

Cemeteries.

     1. Every cemetery shall be at all times open to inspection by any members of member of the Council or by any officer directed by the Chairman to

Council or

authorised

officers

to inspect cemeteries.

Graves to number. bear a

make such inspection.

A. CEMETERIES OTHER THAN CHINESE CEMETERIES.

2. Every grave shall bear a number.

683

3. A register shall be kept by the person or persons in charge of Registers each cemetery, and the date of burial, name, sex and age of each to be kept. person shall be entered therein against the number of the grave in which the corpse is interred. Such register shall be open to inspection by any member of the public at any reasonable hour. Every entry in such register, and every copy of an entry certified by the Secretary, shall be prima facie evidence of the facts therein appearing.

4. Each grave shall be dug to a depth of at least 5 feet, with the Depth of exception of the graves of children under 10 years of age which need graves. not exceed 4 feet in depth.

allowed in a grave.

5. Except in the cases hereinafter specified only one corpse shall Number of be placed in one grave. Exceptions: (A) In the case of the interment corpses of children under 10 years of age more than one corpse may be interred in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface; (B) More than one member of the same family may be interred in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface.

6. The interspace between any two coffins (except when buried Interspace in a single grave under by-law 5) at any point shall be at least 18 between inches.

coffins.

7. Each grave shall be properly covered with turf or such other Graves to material as may be approved by the Council, within 12 months be covered of the grave being filled in.

with turf or other material.

Reopening

8. Except for the purpose of a further interment under by-law 5, no grave may be re-opened after a corpse has been interred therein of graves. without the written permission of the Council or an order of a magistrate.

9. Any person proposing to inter a corpse shall give not less than two hours' notice to the Inspector of Cemeteries of the hour and cemetery at which it is proposed that such interment shall take place.

Inspector of cemeteries to be given

notice of burial.

10. (1) The fees to be charged in the Colonial Cemetery shall be Fees. as follows:

For each grave space of 15 square feet

Grave digging

Exhumation of corpse..

Exceptions.

For each grave space for children under 10 years

of age...

Grave digging

Second burial in the same grave

Pauper interment

Monuments.

$10.00

1.00

5.00

5.00

1.00

free

free

A monument over any grave space or any enclosure of a grave space not occupying more than 15 square feet

free

(2) No monument over a grave space or enclosure of the surface of a grave space occupying more than 15 square feet shall be erected or made without permission of the Council which may, if it thinks fit, grant such permission upon payment of a fee of $2 for each square foot to be occupied by the monument or enclosure in excess of 15 square feet.

11. (1) There shall be set aside special sections in the Colonial Special Cemetery for the burial of Naval and Military commissioned officers, sections of civil servants, residents of more than 20 years' standing, residents of cemeteries

for certain more than 7 years' standing, children and destitutes. The Chairman classes. of the Council or in his absence the Vice-Chairman may, however, grant permission for the interment of any person in any of the above mentioned sections. A map of the Cemetery showing the above sections shall be kept in the office of the Council and be available for inspection by any member of the public.

Burning of joss-sticks and firing of crackers prohibited.

684

(2) Application for permission to inter a corpse in any special section, not already provided for, shall be made in writing to the Secretary and shall be decided upon by such person or persons as the Council may appoint; if no such application is made, every corpse shall be buried in such position as the Chairman shall direct.

12. The burning of joss sticks and firing of crackers is prohibited in that portion of the Colonial Cemetery set apart under Ordinance No. 38 of 1909 for the burial of persons professing the Christian religion.

Lay-out.

Plans to be placed on

view.

Monthly register to be kept.

Number of

corpses per grave.

Each grave to be filled.

Reopening of grave prohibited except with permission of Council.

Fees.

Areas of

B. CHINESE CEMETERIES.

13. Each cemetery shall be laid out in sections of such size and arranged in such manner, and such cemetery or any part thereof may be set apart for re-interments after exhumation and for the storage of the remains in pots or urns, as may be directed by the Council.

14. A plan of each cemetery showing the various sections shall be on view at or near to the cemetery and at the offices of the Council.

15. A monthly register shall be kept in the Chinese language at or near each cemetery, and the date, name, sex and age of each person shall be entered therein against the number of the grave in which the corpse is interred. These registers shall be deposited at the office of the Council after a period of two years, and shall be filed there.

16. Except as regards the corpses of children under ten years of age, only one corpse shall be placed in one grave. In the case of the corpses of children under ten years of age, two corpses may be placed in one grave.

17. Each grave shall be filled in to the satisfaction of the Council.

18. Except on an order of a magistrate, no grave may be re- opened after a corpse has been interred therein without the written permission of the Council, nor (except where no charge has been made for the grave space) without the written consent of the next of kin of the person buried, if such next of kin can be found.

19. The following fees shall be charged for each grave space and interment or for storage in pots or urns of the exhumed remains of natives of Hong Kong or other persons buried in this Colony in the various sections of the cemeteries:-

Section A-free; 50 cents for digging and filling in each grave.

Section B-$1, and $1 for digging and filling in each grave.

Section C-$2, and $1 for digging and filling in each grave.

Section D-(1) for 4 square feet.. (2) for 15 square feet..

(3) for every additional 15 square feet up to

75 square feet

$ 5.00

$10.00

$10.00

20. The areas of the grave spaces in the various sections shall not grave spaces. exceed the following dimensions:

Depth of grave.

Exemption

Section A.-7 feet long by 24 feet wide with 18 inches interspaces. Section B.-7 feet long by 22 feet wide with 18 inches interspaces. Section C.-8 feet long by 3 feet wide with 18 inches interspaces. Section D.-75 square feet with 18 inches interspaces.

21. Each grave shall be dug to a depth of at least 5 feet with the exception of the graves of children under 10 years of age which need not exceed 4 feet in depth.

      22. The foregoing by-laws shall not apply to the Chinese Per- of Aberdeen manent Cemetery at Aberdeen.

Cemetery.

685

Conservancy.

1. The Council shall have the exclusive right to collect, remove Rights of and dispose of, or to delegate to others the right to collect, remove and Council with dispose of, all excretal matter from latrines (other than water closets), regard to and all matter so collected shall be the property of the Council matter. who may sell or otherwise dispose of it.

excretal

2.-(1) The Council shall provide a departmental service or employ Removal contractors for the removal of excretal matter from the following of excretal buildings (where not fitted with water closets):-

(a) All buildings in the Hill District.

matter to

be done by con- tractors or

(b) All Government buildings (including Government latrines) and by depart- all privately owned public latrines in the following districts:-

(i) The City of Victoria, Wong Nei Chong Village and Road (South) of City Boundaries), Tai Hang Village, Sookunpoo Valley, Tung Lo Wan, Whitfield and Shaukiwan Road from City Boundary to Joint Cable Houses.

(ii) The Villages or districts of Shaukiwan, Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Shaukiwan Road (East of Joint Cable Houses), Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Aplichau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purpose of these by-laws the Council may determine the boundaries of any such village, district or portion.

(iii) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as conservancy

contractors.

(3) The terms and conditions of conservancy contracts shall be settled by the Council subject to the approval of the Governor.

(4) In districts where a departmental service is provided the Urban Council shall have power to charge such fees for collecting excretal matter as it may with the consent of the Governor in Council from time to time determine.

mental service.

3. Every servant of a conservancy contractor shall, while at work, Servants of wear such distinguishing badge as shall from time to time be directed contractors by the Council.

to wear distinguish- ing badges.

excretal

4. The occupier of any premises which are situated within any Arrange- of the districts specified in by-law 2, or, if there be no occupier, the ments for owner or immediate landlord, shall, unless such premises are a Govern- removal of ment building or a privately owned public latrine, make due provision matter. for the daily removal of all excretal matter from such premises for delivery thereof to the servants of a conservancy contractor or to servants of the Sanitary Department appointed for the purpose, and shall not dispose of any such excretal matter in any other manner.

He shall also afford access to any servant of a conservancy con- tractor or of the Sanitary Department for the purpose of the removal of excretal matter from any part of the premises, and, if the open space appurtenant thereto is enclosed, the gate or door shall be opened for such purpose whenever required.

Provided that this by-law shall not apply to any building provided with water closets adequate for the disposal of the excreta of all the occupants of such building.

5.-(a) The occupier of every privately owned public latrine which Removal of is situated within any of the districts specified in by-law 2 shall provide excretal not less than one bucket per seat for the storage of excretal matter in rough weather and for the removal of excretal matter. shall be of a pattern approved by the Council.

matter from privately

Such buckets

owned public latrines.

(b) The occupier of every such latrine shall allow the con- servancy contractor for that district or servants of the Sanitary Department to remove all excretal matter from such latrines, and shall pay to such conservancy contractor, or, if a depart-

boats.

686

mental service be provided, then to the Council, for the removal of the excretal matter from the latrine to Kwai Chung Bay at the rate of ten cents per picul of nightsoil (tai fo) and five cents per picul of urine (shui fo): Provided that it shall be lawful for the Council, when a departmental service is provided, to compound for a fixed monthly charge for such removal.

(c) The occupier of every such latrine shall make due provision for the reception of such excretal matter at the conservancy boats' anchorage in Kwai Chung Bay.

(d) No excretal matter shall be removed from any such latrine except by the conservancy contractor for that district or by servants of the Sanitary Department.

Conservancy 6.-(a) All conservancy boats, that is to say, all vessels used for the conveyance of excretal matter whether in the employ of the contractors or privately owned, shall be registered annually at the offices of the Council and no vessel not so registered shall convey excretal matter.

Conveyance of excretal matter re- stricted to times between midnight

and 6 a.m.

Precautions

excretal matter.

(b) All such boats shall be completely decked and provided with closely fitting hatches and shall at all times be kept in a thorough state of repair and in a seaworthy and cleanly condition to the satis- faction of the Council.

(c) The decks of every such boat shall be washed down immedia- tely after the transhipment of any excretal matter.

(d) No such boat shall be loaded above the under side of the hatch coaming.

(e) No such boat shall enter the waters of the Colony except with its holds clean and its bilges pumped dry.

(f) Every such boat shall fly such distinguishing flag as shall from time to time be directed by the Council.

(g) No such boat shall, unless otherwise provided by the terms of the contracts for the time being in force, anchor or lie at any place within the waters of the Colony other than the conservancy boats' anchorage in Kwai Chung Bay.

7.-(1) No excretal matter shall be placed in or upon or conveyed along or across any street or open space situated within any of the districts specified in by-law 2 except between midnight and 6 a.m. and except in strong substantial buckets with closely fitting covers and of such a pattern as may from time to time be approved by the Council.

(2) Any person who conveys or causes to be conveyed along any in conveying street any excretal matter at any time except within the hours fixed by paragraph (1) of this by-law, or who at any time, whether withm such hours or not, uses for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such excretal matter in the conveying thereof, or who does not carefully sweep and clean every place in which any excretal matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such excretal matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through any street or route other than such as shall from time to time be appointed for the purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second and subsequent offence to a fine not exceeding twenty-five dollars.

Excretal

matter not to be

deposited elsewhere

than in

the con- servancy boats.

8.-(a) No excretal matter shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet thereto.

(b) No excretal matter removed from any premises situated within the districts specified in by-law 2 shall be emptied, discharged, deposited or placed in or conveyed to any place other than the conservancy boats provided for that purpose.

(c) No excretal matter shall be brought from any premises or place situated outside the districts specified in by-law 2 to any premises or place situated within the said districts.

687

9. Excretal matter which has been placed in a conservancy boat Conservancy shall not be landed at any place within the Colony including New boats shall Kowloon but excluding the rest of the New Territories.

not land excretal matter in the Colony.

10. In the foregoing by-laws the term "excretal matter" includes Definition nightsoil and urine.

of excretal matter.

11. Every person having the care or custody of any child under Duty of twelve years of age shall prevent such child from committing any person in nuisance in or by the side of any street or drain or any public place. charge of

children.

Dangerous and Offensive Trades.

1.-(1) It shall not be lawful to carry on any offensive trade in Licence any premises unless a licence has been issued by the Council, nor necessary

                                        for offensive unless a licence has been issued by the authority of the Governor in trade. accordance with the terms of the Crown lease of the lot upon which such premises are situated, where such licence is required.

(2) Every licence shall expire on the 31st day of December and shall be for a period not exceeding one year.

(3) Where a licence is required under the Crown lease of the lot upon which the premises are situated, such licence will be indorsed on the licence issued by the Council, and signed by the officer duly authorised for that purpose.

2. (1) Licences shall be issued only in respect of premises that Require- are substantially built, adequately lighted and ventilated to the satis- ments to be

                                        fulfilled faction of the Council and drained in accordance with the provisions

before a of the Buildings Ordinance, 1935, and the regulations made there licence is under. The ground surfaces of such premises shall be paved with granted. good concrete laid down at least six inches thick and the surface thereof shall be rendered smooth and impervious with asphalt, cement or such other material as the Council may approve. The interior surfaces of all walls, which must be substantially built of brick or stone, as well as the surfaces of the brick or stone supports of the pans and other utensils, shall be rendered smooth and impervious to the height of at least seven feet from the floor level with asphalt, cement or such other material as the Council may approve.

(2) All such premises shall be provided to the satisfaction of the Council with proper and adequate urinal and privy accommodation for the use of the work-people employed therein.

3. Every licensee shall cause all materials which have been Storage of received upon the premises where his trade is carried on, and which materials. are not immediately required for use, to be stored in such manner and in such a situation as to prevent the emission of noxious or injurious effluvia or the spread of vermin therefrom.

4. Every licensee shall cause the internal surface of every wall Premises upon the premises where his trade is carried on to be thoroughly to be cleansed, and, after being so cleansed, to be thoroughly washed with periodically hot limewash during the months of January and July of each year. limewashed.

cleansed and

clean up.

5. Every licensee shall, at the close of every day, cause all fat, Daily tallow, grease, refuse or filth which has been spilled or splashed, or has fallen or been deposited, upon any floor, pavement, or wall upon the premises where his trade is carried on to be collected therefrom by scraping or some other effectual means of cleansing, and, unless it is intended to be subjected to further trade processes on the premises, forthwith removed from the premises. All apparatus must be kept in a cleanly and wholesome condition.

6. Every licensee shall cause every part of the internal surface of Walls and the walls and every floor or pavement upon the premises where his floors to be trade is carried on to be kept at all times in good order and repair kept in

repair. so as to prevent the absorption therein of any liquid filth, or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon.

Care of vapours and dust.

Persons

other than the care- takers and those engaged in work not to pass the

night on

the premises.

Partitioning off of sleeping accommoda- tion.

Require- ments with regard to drains.

Access to members of Council, etc.

Restrictions

as to children.

Council may require the

adoption of special

measures.

Provisions

to be posted in premises.

Duty of occupier

with regard

to offensive matter.

Lands and premises to be kept in

such a state as not to

be a nuisance.

688

7.-(1) Every licensee shall adopt the best practicable means of rendering innocuous all vapours or dust emitted during the process of manufacture upon the premises where his trade is carried on.

(2) He shall in every case where boiling is a necessary part of the process of manufacture either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or he shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus and then through a fire, in such a manner as effectually to consume the vapour or to deprive the same of all noxious or injurious properties.

8. No persons (other than two caretakers in respect of each block of buildings) shall be allowed to pass the night in any of the rooms used as work rooms unless actually engaged in carrying on works connected with the trade.

9. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

10. Every licensee shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. He shall, where it is in the opinion of the Council necessary so to do, provide the drains on his premises with the appliance known as a grease trap and shall not pass or permit to be passed any hot (i.e. exceeding 100° Fahr. in temperature) liquid refuse into the drains or sewers. He shall also provide drainage by open channels, where it is in the opinion of the Council necessary so to do.

11. Every licensee shall, at all times, afford free access to every part of the said premises to any member of the Council, Health Officer or Sanitary Inspector.

12. No person under the age of twelve years shall be permitted upon any premises used for the trade of rag-picking, rag-storing, hair- cleaning, feather-storing or feather-cleaning.

13. The Council may require the adoption of such special measures and appliances as may seem to them to be necessary in the case of dusty offensive trades for mitigating as far as possible the danger and nuisance arising from the dissemination of dust through the atmosphere of the premises, and in the case of the trade of rag-picking, rag-storing, hair-cleaning, feather-storing or feather-cleaning, for disinfection of the premises and the materials used for the destruction of vermin therein.

14. The licensee shall cause a duly authenticated copy of these by-laws in English and Chinese to be hung up in a conspicuous position in his premises.

Domestic Cleanliness and Prevention of Disease.

1. No occupier of any house or premises shall keep or allow to be kept in any part of such house or premises for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or any noxious or offensive matter, so as to be a nuisance, or shall suffer such receptacle to be in a filthy or noxious state, or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

2. The occupier of any land or premises, and in the case of un- occupied land or premises the owner thereof, shall keep such land in such a state as not to be a nuisance, or offensive, or an annoyance to anyone living in the neighbourhood, and in such a state as not to cause or to be likely to cause danger or be prejudicial to health, and in parti- cular he shall:-

(a) prevent the accumulation anywhere therein or thereon of dead vegetable matter, refuse, manure or of any other noxious or unsightly

matter.

689

(b) keep down the growth of useless vegetation therein or thereon.

3. It shall be the duty of the occupier of any domestic building at Domestic all times to cause such building to be kept in a cleanly and wholesome sanitation condition and see that the drains, traps, gratings, fall-pipes and duties of sanitary fittings and appliances are kept free from obstruction and in occupier. an efficient state of repair.

4. Every domestic building, within the areas mentioned in Domestic this by-law shall, unless specially exempted by the Council, buildings be cleansed and lime-washed throughout by the owner, to the satis- to be faction of the Council, not less than once in every year during cleansed and

periodically the periods mentioned below opposite such areas, and notice in writing limewashed. that such cleansing and limewashing has been completed shall be sent by the owner to the Secretary within three days after the date of completion: Provided that the provisions of this by-law shall not apply to domestic buildings within the Hill District or Mid-level Dis- trict nor to domestic buildings in Kowloon south of Austin Road except Canton and Haiphong Roads nor to such parts of domestic buildings as are used solely as shops, offices or godowns.

Area No. 1.-Island of Hong Kong.

That portion of the City of Victoria east and including Gilman Street and Peel Street and the villages or districts known as Wong Nei Chung, Tai Hang, Tung Lo Wan, Tsat Tsz Mui, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan as far as the Tin Hau Temple, Shaukiwan.

Area No. 2.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Gilman Street and Peel Street as far as and including Tank Lane and Cleverly Street.

Area No. 3.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Tank Lane and Cleverly Street.

Area No. 4.-Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon east of and including Nathan Road and its extension as far as the northern boundary of Kowloon, thence east of a straight line drawn due north to the northern boundary of New Kowloon.

Area No. 5.-Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon west of but excluding Nathan Road and its extension as far as the northern boundary of Kowloon, thence west of a straight line drawn due north to the northern boundary of New Kowloon.

Period during which cleansing and limewashing

is to be done.

October and November.

December and January.

February and March.

October and November.

December and January.

and cleanse and

5. In any case where, on receipt of the notice mentioned in Council's by-law 4 or on the expiry of the several periods set out in the said power to by-law, it appears to the Council that the provisions requirements of the said by-law have not been completed to the limewash. satisfaction of the Council, the Council shall have full power after fourteen days notice to the owners given in writing to enter on the premises and thoroughly to cleanse and limewash the said premises,. and the cost of such cleansing and limewashing shall be paid by the owner of such premises at a rate to be fixed from time to time by the Council and published in the Gazette.

6. The Council shall, if satisfied that any domestic building Council to is in a dirty condition, give notice to the owner or occupier to have issue notice such building, in respect of which the notice is given, thoroughly to owner or cleansed and limewashed within a period of one week from the date of cleanse and occupier to receipt of such notice, and such owner or occupier shall cleanse and limewash limewash such premises in accordance with the requirements of such dirty notice.

domestic

buildings.

Special periodical cleansing to prevent or mitigate disease.

Conduct of

special

periodical cleansing and com- pensation for damage.

Unauthorised partitions prohibited.

Ventilation

openings to be kept free from obstruction.

690

Prevention and Mitigation of Disease.

7. The Council may at any time with a view to the prevention or mitigation of any epidemic, endemic, contagious or infectious disease direct that a periodical cleansing shall be made of all the premises in any district or districts in which the Council may consider such cleans- ing necessary. Such periodical cleansing shall be carried out either by the staff of the Sanitary Department or by the inmates under the supervision of an officer of the Department to the satisfaction of a Health Officer or of such other officer as may be appointed for that purpose by the Council, and due notice of such cleansing shall be given to the inmates of such premises and such inmates may have all the furniture and goods removed therefrom.

All care shall be taken to prevent unnecessary interference with business, and, if the weather is unfavourable, the cleansing shall be discontinued or carried out in such a way as shall not expose the inmates and their effects and furniture to the weather.

8. The Council may declare any epidemic, endemic, contagious or infectious disease to exist in any district or districts, and may direct that in such district or districts or any portion thereof a special general cleansing and disinfection of the premises shall be carried out under the direction of any officer of the Sanitary Department and to the satisfaction of a Health Officer. Such cleansing and disinfection may include the removal or destruction or both of any lath and plaster or other hollow partition wall, or any partition, screen, panelling, wainscotting, skirting, stairlining, ceiling or other similar structure, or any fittings or any portion of such wall, structure or fitting, if in the opinion of a Health Officer such removal and destruction are necessary. Compensation for such removal or destruction shall be given by the Council unless it is proved on behalf of the Council that the wall, structure or fitting removed or destroyed has been unlawfully erected or maintained. Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Council, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these by-laws. In any case in which the amount claimed for compensation exceeds two hundred and fifty dollars, an appeal shall lie from the decision of the Urban Council as to the amount of the compensation to the Governor in Council whose decision thereon shall be final and conclusive: Provided however that no such appeal shall lie unless notice thereof shall have been given to the Clerk of Councils within fourteen days from the date upon which the appellant shall have been notified by the Urban Council of any such decision as aforesaid.

The Urban Council shall decide in each case whether the com- pensation, if any, is to be paid to the owner or to the occupier, and payment in accordance with the decision of the Urban Council shall bar any further claim to compensation by owner or occupier. Provided that nothing in these by-laws shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

The provisions of this by-law shall apply to the premises in any district in respect of which a special general cleansing and disinfection has been directed by the Council.

The Maintenance of Adequate Lighting and Ventilation. 9.-(1) No owner or occupier of any building shall partition off, or allow to be partitioned off, by means of any structure either perman- ent or temporary, any portion of any room in any domestic building without the approval of the Council expressed in writing.

(2) Plans of any proposed alterations shall be submitted to the Building Authority for comment before approval is given or work commenced.

10. The occupier of any domestic building shall at all times keep the windows and ventilating openings free from obstruction unless prevented by inclement weather or by the illness of any person occupy- ing such building.

+

691

Restrictions on Sale of Certain Food-stuffs.

11.-(a) No person shall sell or offer for sale any fresh fruit unless Sale of the same is whole, that is to say, uncut and unpeeled.

certain food-stuffs

occasions.

(b) Except under a permit in writing signed by the Chairman of prohibited the Council and by a Health Officer, no person shall sell or offer for on declared sale ice-cream, or any frozen or chilled preparation known as "'ice- cream", or any non-aerated drinks in the preparation of which fruit juice or herbs (other than tea) are used, or the jellies known as Leung Fan (凉粉) and Man Tau Lo (饅頭蘿)

Provided that this by-law shall be in abeyance unless at any time the Urban Council, with the approval of the Governor in Council, determines and declares that an occasion exists which, for the preven- tion as far as possible of any epidemic, endemic, infectious or con- tagious disease, necessitates the same being brought into force, and thereupon and on the publication of such declaration in the Gazette, and so long as any such declaration shall subsist, this by-law shall be in force in the district or districts to which the same is or may be applied.

Latrine Accommodation.

1. Every pail latrine shall be in accordance with the following Construction requirements:

of pail latrines.

(a) It shall be provided with its own pail which shall be of a pattern approved by the Council.

(b) The base of the compartment holding the pail and the walls of that compartment up to the squatting platform or seat and for a height of three feet above it shall be plastered with cement or other impervious material of a thickness of at least half an inch. All internal angles shall be half round in section.

(c) The pail must be so placed that all excreta shall fall directly into it, urine guards being provided for this purpose. The pail shall accurately fit the place provided for it and shall as far as possible occupy the whole of such space.

(d) The hole in the platform or seat shall not be more than eighteen inches long and one foot broad.

(e) The pail compartment shall be arranged in such a manner as shall enable the pail to be readily removed and replaced and the floor and sides of the compartment to be easily cleansed.

2. Any person erecting temporary sheds for workmen shall provide such latrines and pails as may be required by the Council and shall pay such fees for removal of night-soil as may be fixed by the Council.

Sheds for be provided

workmen to

with latrines.

Council may order repair or removal

3. The Council may by notice require the owner or person having control of any latrine to alter, repair or remove it if considered to be defective, or to cleanse, whitewash or otherwise disinfect it at of latrine. any time.

to be

4. The occupier of any premises upon which any water closet or Proper urinal has been or hereafter shall be constructed, or, if there be no water supply occupier, the owner or immediate landlord, shall provide a constant provided for and adequate supply of water, stored in accordance with the Drainage water closet Regulations from time to time in force, for the flushing of every such or urinal. water closet and urinal and shall maintain every such water closet and urinal in a thoroughly efficient and cleanly condition.

Latrines (Public).

1. Every public latrine together with its fittings shall be kept at Public all times in a thorough state of repair.

latrines to be kept in repair.

2. Every public latrine shall be kept at all times in a cleanly Public condition.

latrines to be kept clean.

3. While open to the public, every latrine shall have at least one Attendant able-bodied adult attendant constantly on duty therein.

to be constantly on duty.

Seats,

floors, etc., to be

scrubbed daily.

Walls to be

692

4. All the partitions, seats, floors and channels of every public latrine, as well as all utensils therein, shall be thoroughly scrubbed at least once every day.

      5. The whole of the interior walls of every public latrine shall be whitewashed limewashed and any fittings made of wood shall be tarred at least

once every month.

and wood

tarred monthly.

Fumigants to be kept burning.

Contents to

be covered

with

approved

material.

Excretal matter to be removed daily.

Latrines to be

adequately lighted.

Latrines not to be used as dwellings.

6. Fumigants of such description as may be approved by the Council shall be kept burning in every latrine while it is open to the public.

7. The contents of soil pans in public latrines shall be kept covered with either earth, sawdust, opium-packing or such other suitable material as the Council may approve.

8. The excretal matter collected in public latrines shall be remov- ed therefrom daily by the public conservancy contractor, as provided by the terms and conditions of his contract, or if a departmental service is provided by the servants of the Sanitary Department.

9. Every latrine open to the public before sunrise or after sunset shall be at such times adequately lighted.

10. No building used as a public latrine shall be used as a dwelling.

Public Laundries to be

registered.

Laundries

to be open inspection.

Lighting, ventilation

Laundries.

1. Every public laundry shall be registered at the office of the Council.

2. Every public laundry shall be at all times open to inspection to by any member of the Council or Health Officer or Sanitary Inspector.

3. Every public laundry shall be adequately lit and ventilated to the satisfaction of the Council, and the ground surfaces shall and paving. be paved with a layer of not less than 6 inches of good lime-concrete, o not less than 3 inches of cement-concrete composed of one part of cement, 3 parts of sand, and 5 parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or such other material as the Council may approve.

Drainage

4. Every public laundry shall be so drained as to be in accordance with the requirements of the Buildings Ordinance, 1935, and all with require inlets to the drains shall be placed outside the building.

to comply

ments of

Buildings

Ordinance,

1935.

Require-

ments re cleansing.

Laundries

not to be used as dwellings.

Restriction

of dwellers

to two

caretakers.

5. Every public laundry shall be at all times kept in a cleanly condition and the inside surface of the walls thereof shall be lime- washed during the months of January and July of each year.

6. No portion of any laundry shall be occupied as a dwelling place or used for the purpose of cooking food.

7. No persons, other than two caretakers, may occupy any building or part of a building which is registered as a public laundry, between the hours of 11 p.m. and 5 a.m., unless such persons are actively engaged in carrying on the work of the laundry.

i

693

8.-(1) No person suffering from any skin disease, leprosy, tuber- Precautions culosis or infectious disease, shall enter, live, work, or be employed against on any premises used as a public laundry.

spread of skin diseases or

(2) The occurrence of any infectious or contagious disease on any infectious premises used as a public laundry shall immediately be reported to the diseases. Health Officer by the licensee.

(3) No public laundryman shall knowingly receive any article. whatsoever from or belonging to or used by any person living in any house where there is an infectious or contagious disorder.

9.-(1) All utensils used in a public laundry shall be kept in a Sanitary clean and sanitary condition.

(2) No dogs, poultry or domestic animals shall be kept on the premises of a public laundry.

(3) No person shall sit, recline or sleep amongst the clothes in any public laundry or on any bench, table or cloth used for laundry work.

(4) No dirty or polluted water shall be used for laundry work.

(5) No person shall commit a nuisance in any public laundry.

*

(6) Separate rooms shall be used in every public laundry for:

(a) the reception of dirty clothes.

(b) the storing of clean clothes.

require- ments.

10. (1) No person shall spit in any public laundry except into Spitting. spittoons provided for the purpose.

(2) The registered proprietor shall cause to be continuously dis- played, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(3) The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuous- ly in such spittoons while in use, and shall thoroughly cleanse them. daily at the close of business.

Mosquito Prevention.

1. The occupier of any land or premises, and in the case of Action with unoccupied land or premises, the owner thereof shall keep such land regard to or premises in such a state as not to favour the existence or propagation mosquito of mosquitoes and in particular shall:-

(a) keep the said land or premises clear of empty tins or other disused or unused matter or receptacles capable of retaining water and prevent the accumulation of such matter or receptacles except in a place suitable for their disposal and in such a manner that they are not liable to retain water.

(b) prevent the formation anywhere therein of pools or of waste or stagnant water or sullage, and prevent the making of any excavation on the said land likely to retain water, without the previous permission of the Council in writing.

(c) keep clean any cistern, water-butt or other receptacle used for the storage of water, and keep the same covered or protected in such a manner as to prevent the breeding of mosquitoes therein.

nuisance.

Notice.

Scaffolding.

694

2. Whenever it appears to the Council that any land or any pond, tank, well, spring, seepage, drain, stream, water-logged ground or swamp, or other collection of water therein, is likely to be prejudicial or dangerous to health or a nuisance or offensive to health or favourable to the existence or propagation of mosquitoes, the Council may by notice in writing require the owner of the land to take, within a reasonable time to be specified in the notice, such action in regard to such land or pond, tank, well, spring, seepage, drain, stream, water- logged ground or swamp, or other collection of water thereon, as may in the opinion of the Council be necessary to prevent the land or water thereon being prejudicial or dangerous to health or a nuisance or offen- sive to health or favourable to the existence or propagation of mos- quitoes.

3. No bamboo or other scaffolding shall be erected or maintained in which there is any exposed cavity capable of retaining water.

Right of Council in respect of refuse.

Sites for disposal of refuse.

Scavenging

to be done depart- mentally or by contract.

Servants of con- tractors

to wear distinguish- ing badges.

Duties of

owners and occupiers

with regard to refuse.

Scavenging.

1. The Council shall have the exclusive right to collect and remove, or to delegate to others the right to collect and remove, all refuse, and all matter so collected shall be the property of the Council who may sell or otherwise dispose of it.

2. A site or sites may be provided by the Council on which refuse of any description shall be deposited and disposed of as the Council may

direct.

3.-(1) The Council shall provide a departmental service or em- ploy contractors for the general surface scavenging of the following districts:

(a) The City of Victoria.

(b) The Hill District.

(c) The Villages or districts of Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Apli- chau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purposes of these by-laws the Council may determine the boundaries of any such village, district or portion.

(d) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as scavenging

contractors.

4. Every servant of a scavenging contractor shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Council.

5.-(i) The occupier, or, if there be no occupier, the owner or the immediate landlord, of any house or premises situated within any of the districts specified in by-law 3 shall provide himself with a sufficient number of strong substantial movable dust-bins or dust-cans, con- structed of impervious material and fitted with closely fitting covers and of a pattern approved by the Council, and shall deposit therein from day to day all

to day all refuse which

which has accumulated in his house or premises. He shall also, at such a time or times as may be fixed and notified by the Council, make due provision for the daily removal from his premises of all refuse and other objectionable matter to the refuse-lorries, dust-bins or dust-boats provided by the Council.

He shall also give access to any authorised person for the purpose of scavenging and removing refuse from any part of such premises, and, if the open space appurtenant to such premises be enclosed, the door or gate shall be opened for such purpose whenever required.

T

695

(ii) The Council may in lieu of the procedure provided by para- graph (i) of this by-law require such owner, occupier or landlord of any such house or premises to empty such dust-cans or dust-bins at least once daily, at such time or times as the Council may appoint, into receptacles provided by the Council.

(iii) No person shall place any dust-can or dust-bin in the aforesaid positions or empty the contents thereof except at the times appointed.

for convey- ance of

matter

streets.

6.-(1) The Council may from time to time fix the hours within Power of which only it shall be lawful to move any manure or decaying fish or Council to decaying rice or other offensive matter, and when the Council has fixed fix the hours such hours and given the public notice thereof, any person

who moves or causes to be inoved or conveyed along any street any such offensive offensive matter at any time except within the hours so fixed, or who at any time, whether such hours have been fixed by the Council or not, uses through the for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such offensive matter in the conveying thereof, or who does not carefully sweep and clean every place in which any offensive matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such offensive matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through or by any street or route other than such as may from time to time be appointed for that purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second or subsequent offence to a fine not exceeding twenty-five dollars.

(2)-(a) The hours within which only it shall be lawful so to Special convey or move pigwash shall be between midnight and 9 a.m., and provisions the pigwash shall be conveyed or moved in strong substantial buckets in respect with closely fitting covers and of such pattern as may from time to time

of pigwash. be approved by the Council.

(b) No pigwash shall be conveyed in any boat or vessel except in such buckets as aforesaid or, if in bulk, in water-tight tarred holds with closely fitting hatches.

(c) All pigwash, if not placed in such a boat or vessel, must be conveyed direct to a licensed pigsty.

(d) No pigwash shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet thereto.

(e) No pigwash shall after removal from any premises be emptied, discharged, deposited or placed in, or conveyed to, any place except a licensed pigsty.

7. No unauthorised person shall rake or grub in any dust-bin, dust-can or scavenging cart, or remove or scatter the contents thereof.

Interference with dust- bins by un- authorised persons prohibited.

Dumping of corpses or

8. No person shall throw or deposit or cause to be deposited any corpse or carcase or any part thereof into any public street, public ground or open space, verandah, lane, thoroughfare, drain, river, canal carcases or water-course, or on the banks of any river, canal or water-course, prohibited.

or in the harbour.

9. No person shall throw or deposit, or permit his servants or Deposit of members of his household under his control to throw or deposit, any refuse in earth or materials of any description, or refuse or offensive matter of drains, etc.,

prohibited. any kind, into or upon any street, sewer or drain, or upon any vacant or unoccupied land.

10. All household refuse shall be regularly removed by the Council Duty of from every street on land held under lease from the Crown.

Council to

remove

refuse from streets.

Tc

696

SCHEDULE B.

[s. 28 (7).]

FORMS.

URBAN COUNCIL OFFICE,

Hong Kong,

19.......

Notice is hereby given to you on behalf of the Urban Council that the nuisance specified hereunder is found to exist in your premises No.....

     ..and that you are, therefore, hereby required within..

                from the time of the service upon you of the present notice to abate such nuisance in the manner hereunder set forth.

By order of the Urban Council,

Secretary.

Nature of nuisance

Action to be taken for the abatement of the nuisance..

Objects and Reasons.

1. In his report on the need for reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends that the Public Health and Buildings Ordinance (No. 1 of 1903) which deals with building construction, sanitation, infectious diseases control, food control, etc., etc., should be broken up into a number of Ordinances each dealing with its particular branch of the Public Health Complex.

2. This Ordinance contains all the provisions of No. 1 of 1903, together with certain provisions of other legislation, which it is considered suitable to group under sanitation.

3. A Table of Correspondence attached to the Ordinance shows the origin of the various sections.

February, 1935.

C. G. ALABASTER,

Attorney General.

697

PUBLIC HEALTH (SANITATION) ORDINANCE, 1935.

TABLE OF CORRESPONDENCE.

In this table

A refers to Public Health and Buildings Ordinance, 1903.

Sections are indicated by plain numbers; by-laws by numbers with symbol b, as 3b; rules by numbers with symbol r, as 3r.

Marginal Notes.

Public Health (Sanitation) Ordinance, 1935.

Corresponding

provision of

other enactment.

PART I.

(Preliminary).

1

Short title

Saving as to tenancy contracts

2

A5

3

A6

Interpretation:-

New

Animals

A6 (2)

Author of nuisance

Bake-house

6 (4)

6 (5)

Balcony

6 (6)

6 (8) modi-

fied

Basement

Building

Building Authority

Cattle

Cockloft

Colonial Veterinary Surgeon

6 (9) modi-

fied

6 (12)

6 (38)

6 (15A) medical

prectitioner

Council

Cubicle

omitted.

New

A6 (17) first

part.

Dangerous trade

A6 (21)

Domestic building

6 (22)

External air

6 (26)

698

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

Factory

Floor

Health Officer

Hill District

Householder

Latrine

Latrine accommodation

Factories, etc. Ordinance, 1932

A6 (29)

New

A6 (32) ("ex- Chinese

cept villages" omit- ted.)

6 (33)

6 (35) ampli-

fied

New

New

Pail latrine

New

Water closet

Mid-level District

Occupier

Offensive trade

New

A6 (42)

6 (43) amplified.

6 (44)

Owner

6 (47)

Person

6 (48)

Premises

Public building

6 (49)

Public latrine

Refuse

Room

6 (50)

New

Secretary

Storey

Street

Tenant

Tenement

A6 (51) modi-

fied

6 (52)

6 (53) modi-

fied

6 (54) ampli-

6 (55)

New

fied

Tenement house

Urban District

A6 (56)

A6 (57) ampli-

fied

A

699

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

Verandah

6 (58)

Vessel

Window

6 (59)

6 (60A)

Working class tenement house

Works

New

6 (61)

A6 (62)

Workshop

Matters with regard to which the

4

A16 Revised.

Urban Council has power to make by-laws

By-laws subject to approval of

Legislative Council

5 (1)

A17

By-laws in Schedule A validated;

5 (2)

PART II.

!

(Sanitary Staff-establishment,

powers and duties).

Establishment of Sanitary staff

Co

6

New

Position of D.M.S.S.

7

New

Power of entry to search for infec-

tious disease

8

A21

Additional powers of entry for Health

A 22

Officers

Special authority to inspect for over-

crowding

10

A24

Authority necessary

for opening!

11

ground surface

Alb (Entry

and Inspection

of buildings.)

Secretary to furnish authority grant-

12

A2b (Entry

ing special power of entry to inspect for overcrowding

and Inspection

of buildings.)

Entry between midnight and 6 a.m. prohibited except under special permit

13

A3b (Entry

and Inspection

of buildings.)

Power of Magistrate to authorise

14

A264A

officer premises

to

enter and inspect

Means of access to buildings from

scavenging lanes

Power of arrest

15

16

i

A181 (2)

s.s. (2) is new.

New

700

Table of Correspondence,-Continued.

Marginal Notes.

PART III.

(Sanitary Provisions).

Nuisances

Public Health (Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

17

A26 with

additions

17 (3) "over- crowded" added 17 (8)--New. 17 (12)-New.

17 (13) to (18) are new but have counter- parts in S.S. and F.M.S. by-laws.

17 (19) "black" omitted before

"smoke" to

conform with

English legis-

lation.

A26 (12)

Power of Health Officer to inspect premises where existence of nuisance presumed

18

A27

Penalty for refusing admittance

19

A28

Action where mosquito larvae found

on premises

20

Alb

Council may serve notice requiring

abatement of nuisance

Council may serve notice directing

compliance with by-laws

(Pre-

vention of dis-

semination

of

disease by mos- quitoes) "and"

for "or" in fourth line.

21 (1) & (2)

A29

(3)

New

22

A30

23

A31

Council may review notice.

On non-compliance with notice com-

plaint to be made before a magistrate

24

A32

Power of magistrate to make an order

dealing with a nuisance

25

A33

Order prohibiting use, etc., of build-

ing unfit for human habitation or for animal habitation

26

A34

amplified.

Penalty for contravening order of Magistrate or for defacing any copy of such order

27

A35

Competent authority re nuisances

28

A230

Form of nuisance notice

28 (7)

A36

701

Table of Correspondence,-Continued.

Marginal Notes.

Public Health

(Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

Wells not to be sunk or reopened

without permission of the Council and B.A. cf. s. 114 Buildings

Bill

Construction of wells

Excavation allowing stagnant water

Closing of insanitary wells

228

29 (1)

A213 (redrafted)

29 (2)

A213

30

A214

31

A215

Obstruction in open spaces prohibited

32 (1)

A175 (3)

Prohibition of partitions, cf. s. 58 of

Buildings Bill

82 (2)

A139

Rooms to be properly lighted

383

A153

Governor in Council on representation

of the U.C. may order demolition of storeys, provision of additional

and other works in

!

windows,

certain cases, subject to com-

pensation

34

A154A

Obstruction of windows prohibited

35

A155

Conditions under which cubicles may

be erected and maintained

36

A154

Closure of premises containing un-

authorised cubicles and parti- tions by order of Magistrate

87

A263

Magistrate may order demolition and removal of cubicles, partitions, etc., which do not comply with provisions of the Ordinance

38

A264

Inadequate provision of latrine ac-

commodation to be dealt with

by the Council

39

A165

Latrines not to be connected directly

with drains

40

A159

Daily cleansing of pail latrines

41

Water closets and water flushed

urinals

42

42 (2)

42 (5) & (8) 42 (4)

164 (last

two lines)

A162

(as amended)

redrafted. "Colonial Secre- tary" omitted. "Fourteen days"

for "three" months".

Measurement of buildings as first step towards prevention of over- crowding

43

Calculation of cubic space

44

Ab (over

crowding)

A49 & 50 (combined)

702

Table of Correspondence,-Continued.

Marginal Notes.

Public Health

(Sanitation)

Ordinance,

Corresponding

provision of other enactment.

1935.

Limit of accommodation

45

A46

Lessor responsible for overcrowding

46

A47

Steps to be taken to abate over-

crowding

47

A48

Limits of fittings for sleeping ac-

commodation

48

A51

Kitchen not to be used as sleeping

room or latrine

49

A49

(redrafted)

Basements not to be occupied with-

out permission

50

A 45

Sanction of Council necessary for

erection of public latrines

51

A166

F

Council may apply to Government

for additional public latrines

52

A167

Notification

of intention to erect

public latrine

53

A168

Objection to erection of public latrine

54

A169

Resolution of Legislative Council

where objection is made

55

A170

No injunction to be granted or suit

to be brought in certain cases

56

A171

Existing public latrines protected

from injunction

57

A172

Council to control public latrines

58

A173

Saving of existing rights

59

A174

LAUNDRIES

Council may restrict washing of clothes by washermen to public laundries.

60

A41

MAINTENANCE OF SANITARY

CONDITIONS IN FACTORIES

Nuisances in factories or workshops

61

A43

Proper latrine accommodation to be

provided

62

A163

Maintenance of cleanliness

63

New

Limewashing

64

New

Avoidance of effluvia

65

New

703

Table of Correspondence,--Continued.

Public Health

(Sanitation)

Marginal Notes.

Ordinance,

1935.

Corresponding

provision of 'other enactment.

Accommodation according to air-

space

Number of occupants to be posted

Maintenance of ventilation

DANGEROUS, UNHEALTHY AND OFFENSIVE TRADES

Special permission of Council neces- sary before any dangerous or offensive trade can be established

66

New

88888

67

68

New

69

A42

Council may prohibit domestic oc- cupation of dangerous trade building

70

A44

KEEPING OF CATTLE, SWINE,

etc.

Licences required for keeping cattle,

swine, sheep or goats

71

A52

Prevention of suffering

72

A53

704

Table of Correspondence,-Continued.

Public Health

(Sanitation)

Corresponding

Marginal Notes.

Ordinance, 1935.

provision of other enactinent.

PART IV.

(Disposal of the Dead).

Governor in Council may authorise

use of places for cemeteries and Urban Council may set apart portions for urn cemeteries

73

A90 Revised.

Authorized cemeteries

Closed cemeteries

Penalty for burial outside a cemetery

74

A91

Exhumation and removal of remains, except by permit, prohibited

Persons to whom permits may

be issued

Authorities for issuing permits

Board may grant permits to managers of cemeteries

Governor may grant permits

Permitting authority may pre-

scribe conditions

Permit where grave held under

Crown Lease

Power of Governor to remove

any body or remains

Six months notice required

Duty of Secretary for Chinese

Affairs

Fitting and proper arrangement

to be made for reburials

Power of Chairman of Council to

dispose of body buried with- out permission

,, (5)

(6)

75 (1)

A92 (1)

""

(2)

(2)

"

(3)

(3)

""

(4)

""

(4)

"}

(5)

(6)

""

(7)

(7)

""

(8)

""

(8)

""

(9)

(9)

""

(10)

(10)

(11)

J

(11)

(12)

(12)

Removal of grave or urn

19

(13)

"

(13)

Abatement of urn nuisance

(14)

New

Records to be kept at office of

Council

,, (15)

A92 (14)

Powers of magistrate

"

, (16)

,, (15)

705

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

PART V.

(General).

orders

Service of notices,

Penalty for contraventions

summonses or

76

A235

77

Recovery of penalties

DE

A255

78

A256

Redrafted.

Penalty for building nuisance

79

A257

Penalty for refusing to obey Magis-

trate's order for obstructing Health Officer

Penalty for other contraventions

888

80

A258

81

A.259

Liability of secretary or manager of

company

Proceedings against several persons

8 888

82

A261

83

A262

Appeal to Governor in Council against

decision of any person entrusted with power under this Ordinance

84

A265

Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law

85

A265A

Order of Governor in Council enforced

by the Court

86

A265B

Reimbursement of expenses to the

Council

87

A93

Recovery of expenses by the Council

under Ordinance No. 6 of 1875

88

A94

Granting of certificates by Council

89

A95

Qbstruction of streets prohibited

90

A185

Submission of claim

91

A251

Appointment of arbitrators

92

A252

Principles on which compensation to

be based

93

A253

Vacancies among arbitrators

94

A254

706

Table of Correspondence,-Continued.

Marginal Notes.

MISCELLANEOUS

Breach of condition of modification or

exemption

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

35

95

A265C

Registration of modification and can-

cellation thereof

96

A265D

Limitation of personal liability of

members of the Council, Build- ing Authority and others

97

A269

Protection of persons acting under

the Ordinance.

(Ordinance No.

31 of 1911, s. 48).

98

A270

Application of Ordinance to New

Territories, etc.

99

A267

(simplified)

Saving of certificates, etc. granted

under Ordinances repealed

100

A268

Commencement

101

New

707

TABLE SHOWING THE SOURCE OF THE BY-LAWS IN THE SCHEDULE OF THE SANITATION BILL.

By-law No.

Source.

Basements.

1.

A. 1b (Basements)

2.

A. 2b

1.

Remarks.

Paragraphs (ii) (iii) and (iv) omitted.

"Clear of any obstruction to the

light" for "glazed".

"or that such basement-to the back

wall" omitted.

Cattle, Swine, etc.

A. 1b (Cattle-sheds,

etc.)

2.

A. 2b

3.

A. 3b

4.

A. 4b

"nett area" deleted.

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

All after "such animals" in line 3

omitted.

9.

A. 9b

10.

A. 10b

11.

A. 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 57

Redrafted.

Cemeteries.

1.

A. 1b (Cemeteries)

Now made applicable to all ceme-

teries.

2.

A. 2b

3.

A. 3b

amplified.

4.

A. 4b

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

66

or an order of a magistrate" added

-cf. s. 75 (16) of Bill.

By-law

No.

Source.

9.

A. 9b

10.

A. 10b

11.

A 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 15b

16.

A. 16b

17.

A. 17b

18.

A. 18b

19.

A. 19b

20.

A. 20b

21.

708

Remarks.

"Except on an order of a magistrate"

added.

New-a necessary addition.

ཚལ

22.

A. 21b

Conservancy.

1.

New

2.

A. 1(2)b

3.

A. 2b

4.

A. 3(1) & C. 187b

5.

A. 3(2)b

6.

A. 4, 5, 6 & 7b

7.

A. 11b and C. 183b

8.

A. 13b

9.

A. 14b

10.

A. 15b

11.

New

Dangerous, etc., Trades.

1.

A. 2b and 3b

2.

A. 4b

3.

A. 5b

amplified.

4.

A. 6b

5.

A. 7b

A. 8b

By-law

No.

Source.

A. 9b

8.

A. 10b

9.

709

Remarks.

New-included on resolution of

Board of 9.10.34.

10.

A. 11b

amplified.

11.

A. 12b

12.

A. 13b

13.

A. 14b

14.

A. 15b

Domestic Cleanliness and Prevention of Disease.

1.

New

2.

New

3.

A. 1b (Domestic

Cleanliness)

4.

A. 3b (Domestic

Revised.

Cleanliness)

5.

A. 4b (Domestic

Cleanliness)

6.

A. 2b (Domestic

Cleanliness)

7.

A. 1b (Prevention

etc. of Disease)

8.

A. 2b (Prevention

etc. of Disease)

9.

New

10.

A. 1b (Domestic

Cleanliness)

last clause only.

11.

A. 9b (Prevention

of Disease)

Latrine Accommodation,

1.

New

2.

New

3.

New

4.

A. 10b (Scavenging,

etc.)

Latrines (Public).

1.

*

2.

A. 1b (Latrines)

A. 2b

By-law

No.

Source.

3.

A. 3b

4.

A. 4b

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

9.

A. 9b

10.

A. 10b

710

Remarks.

Amplified to cover possibility of

departmental service.

Laundries.

1.

A. 1b (Laundries)

2.

A. 6b

A. 2b

4.

A. 3b

5.

A. 4b

6.

New

7.

A. 5b

8.

New

9.

New

10.

A. 1A, 1B and 1Cb Combined.

Mosquito Prevention.

",

1.

New

2.

A. 1b (Prevention of

dissemination of disease by mos-

quitoes).

3.

A. 2b

"1

Scavenging.

1.

New

2.

New

3.

A. 1(1)b (Scaveng-

ing, etc.)

4.

A. 2b

5.

A. 8b

amplified.

By-law No.

Source.

711

Remarks.

6.

A. 11b

Redrafted.

and 12b (Scaveng-

ing, etc.)

7.

New

8.

New

9.

New

10.

A. 186

Last part, redrafted.

712

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 59.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

Notification No. 79 of 25th January,

1935.

W. T. SOUTHORN,

Colonial Secretary.

1st March, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 60.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. i

Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

1st March, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

"

713

PRISON DEPARTMENT.

  No. S. 61. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Summer Clothing for Prison Staff", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of March, 1935, for the making up and supply of Summer Clothing for the Prison Staff.

  Samples of uniform may be seen, further information and forms of tender obtained, at the Prison Department Office, Victoria Gaol.

  No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted.

No tender will be received unless sent in the form required.

The Government does not bind itself to accept the lowest or any tender.

1st March, 1935.

J. W. FRANKS,

Superintendent.

HARBOUR DEPARTMENT.

  No. S. 62.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to M/L "Lila "", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of March, 1935.

  A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

25th February, 1935.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFICE, SOUTH.

  No. S. 63.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of March, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (b).

"

713

PRISON DEPARTMENT.

  No. S. 61. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Summer Clothing for Prison Staff", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of March, 1935, for the making up and supply of Summer Clothing for the Prison Staff.

  Samples of uniform may be seen, further information and forms of tender obtained, at the Prison Department Office, Victoria Gaol.

  No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted.

No tender will be received unless sent in the form required.

The Government does not bind itself to accept the lowest or any tender.

1st March, 1935.

J. W. FRANKS,

Superintendent.

HARBOUR DEPARTMENT.

  No. S. 62.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to M/L "Lila "", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of March, 1935.

  A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

25th February, 1935.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFICE, SOUTH.

  No. S. 63.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of March, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (b).

714

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents

in

Upset

Registry No.

Locality.

Price.

Acre.

Annual Crown Rent.

N.

E.

W.

Lantao Demarcation District No. 328

Lot No. 1041.

Tong Fuk.

Lot No. 1088.

Do.

1st March, 1935.

:

*02

*03

Subject to readjustment as

provided by the Conditions of Sale.

$

€ LO

$

.10

G. S. KENNEDY SKIPTON, District Officer, Southern District.

.10

HARBOUR DEPARTMENT.

  No. S. 45. Tenders are invited from authorized Arms dealers in the Colony, or any person approved by the Hon. I. G. P. for the purchase of the unclaimed goods as set out below now lying at the Government Gunpowder Depot at Green Island. The goods can be seen on application to the Harbour Master :-

18 cases 7.92 rifle ammunition, purporting to contain 25,605 rounds.

8 cases 7.63 mauser pistol ammunition, purporting to contain 40,000 rounds.

  Terms of payment:-Net cash before delivery payable to the Harbour Master. Purchaser to be responsible for any storage fees incurred between the date of payment and date of removal of ammunition from the Depot.

Exportation of this ammunition to China can only be authorized on production of a valid Huchao issued by the Central Government of China.

  Each tenderer must produce with his tender a receipt to show that he has deposited in the Colonial Treasury the sum of $25 (dollars twenty-five) as a pledge of the bona fides of his tender. The said deposit shall be forfeited to the Crown should the Tenderer refuse or fail to carry out to the satisfaction of the Government any tender which shall be accepted.

The deposit shall be returned to any tenderer whose tender is not accepted and to the successful tenderer on payment to the Harbour Master of the sum tende red and accepted.

The Government does not bind itself to accept the highest or any tender and reserves to itself the option of accepting for all or any part of the tender.

Tenders in triplicate, which should be clearly marked "Tender for purchase of Ammunition" will be received at the Colonial Secretary's Office until Noon of Monday, the 4th day of March, 1935.

15th February, 1935.

G. F. HOLE,

Harbour Master, &c.

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 24 of 1932.

717

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Emily Wood Fearon late of Shanghai in the Republic of China, Widow, deceased.

Re Robert George Witchell, of Airlie NOTICE is hereby given that the Court

Hotel, Kowloon, Clerk.

SECOND and final dividend is intended

to be declared in this matter.

   Creditors who have not proved their debts by the 25th day of March, 1935, will be excluded.

Dated the 1st day of March, 1935.

JAMES J. HAYDEN,

Official Receiver

has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 23rd day of March, 1935.

hereby required to send their claims to the All Creditors and others are accordingly

undersigned on or before that date.

Dated the 26th day of February, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the sole Executrix, Prince's Building, Ice House Street, Hong Kong.

THE SOUTH CHINA RESTAURANT, LIMITED.

(Creditors' Voluntury Winding-up).

Section 231 of the Companies Ordinance, OTICE is hereby given in pursuance of

1932, that a General Meeting of the members of the above named Company will be held at No. 37, Pottinger Street, ground floor, Hong Kong, on the 5th day of April, 1935, at 12 noon, and a General Meeting of the creditors of the said Company will be held at the same place and on the same day at 12.30 in the afternoon, for the purpose of having an account laid before them, showing the mauner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator.

Dated the 26th day of February, 1935.

彭日生

Liquidator.

IN THE SUPREME COURT OF HONG KONG.

COMPANIES (WINDING-UP.)

No. 1 of 1932.

In the Matter of the Companies Ordi-

nance, 1911,

and

IN THE SUPREME COURT OF

In the Matter of The Man Ree Hing Between

Company, Limited.

Notice of Intended Dividend.

OTICE is hereby given that it is in- tended to declare a FIRST AND FINAL DIVIDEND in the above matter, and creditors, WHO HAVE NOT ALREADY DONE SO, are required on or before the 20th day of June, 1935, to send their names and addresses, and particulars of their debts or claims and the names and addresses of their Solicitors, if any, to the UNDERSIGNED, the Liquidator of the said Company, and are also required by their Solicitors or personally to come in and prove their said debts or claims at at the Office of the OFFICAL RECEIVER, SUPREME COURT, on any Week Day (except Saturday), between the hours of 10 a.m. and 4 p.m., or in default thereof they will be ex- cluded from the benefit of any distribution made before such debts are proved.

Dated the 1st day of March, 1935.

JAMES J. HAYDEN,

Official Receiver and Liquidator.

HONG KONG TELEPHONE COMPANY,

LIMITED.

OTICE is hereby given that the Tenth

N

HONG KONG

ORIGINAL JURISDICTION

Action No. 37 of 1935.

Chung Tat Ching

and

Lam Ho Shi alias Ho Yee Mui and Chan Mi.

Lam

Plaintiff.

Defendants.

OTICE is hereby given that a Writ of Foreign Attachment returnable on the 6th day of March, 1935 against the property movable and immovable of the above named defendant, Lam IIo Shi alias Ho Yee Mui within the Colony has been issued in this action pursuant to the provisions of Chapter XVII, of the Hong Kong Code of Civil Procedure.

Dated the 16th day of February, 1935.

N

LO AND LO, Solicitors for the Plaintiff, Alexandra Buildings, Hong Kong.

In the Matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The Ka Wah Life

Assurance Co., Ltd.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given that the Creditors of the abovenamed Company which is being wound up voluntarily, are required, on or before the 1st day of March, 1935, being the day for that purpose fixed by the under-

No Ordinary Yearly Meeting of the Hong signed, Liquidators of the said Company, to

Kong Telephone Company, Limited, will be held on Tuesday, the 12th day of March, 1935, at the Board Room of the Company, Second Floor, Exchange Building, Hong Kong, at Noon, for the purpose of receiving a Statement of Accounts and the Report of the Board of Directors, for the Financial Year ended 31st December, 1934, and re-electing Two Directors and the Auditors.

     The Transfer Books of the Company will be closed from the 1st March, to the 12th March, 1935, both days inclusive.

Dated this 29th day of January, 1935.

By Order of the Board,

W. L. MCKENZIE,

Secretary.

14, Des Voeux Road Central,

Hong Kong.

send in their names and addresses, and the names and addresses of their solicitors, if any, and the amounts of their respective claims against the company, to the Liquidators' office No. 210 Des Voeux Road Central, Hong Kong, and if so required by notice in writing from the undersigned Liquidators, or by their solici- tors, to come in and prove their said claims or debts at such time and place as shall be specifi- ed in such notice, or in default thereof they will be excluded from the benefit of any dis- tribution made before such claims or debts are proved.

Dated the 27th day of February, 1935.

CHAN TAT SAM, TAM WING KWONG, LAM KIU TANG, Liquidators of the KA WAH LIFE

ASSURANCE Co. LTD. In Voluntary Liquidation.

In the Matter of the Companies Ordin-

ances 1932,

and

In the Matter of The Wing Yuen Co.,

Ltd.

(IN LIQUIDATION.)

OTICE is hereby given that the Creditors of the abovenamed Company are requir- ed on or before the 1st April, 1935, to send their names and addresses and particulars of their claims to the undersigned, the Liquidator of the Company, and, if so required by notice in writing from the Liquidator, are to come and prove their claims at such time and place as shall be specified in such notice, in default thereof they will be excluded from the benefit of any distribution of the Company's assets.

Dated this 28th day of February, 1935.

WOO YEE TUNG, Liquidator.

AT

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of The Wing Yuen Co.,

Ltd.

(IN LIQUIDATION).

T an Extraordinary General Meeting of the members of the abovenamed Com- pany, duiy convened and held in the Registered office, 97 Jervois Street, at 3 p.m. on Friday 22nd February, 1935, the following resolution was duly passed.

The resolution was also confirmed by the Creditors at a meeting held in the Registered office of the Company at 3 p.m. on Saturday 23rd February, 1935.

66

"That it has been proved to the satisfac- tion of the meetings that the Com- pany cannot by reason of its liabili- ties continue its business, and that it is advisable to wind up the same, and, accordingly, that the Com- any be wound up voluntarily, and that Mr. Woo Yee Tung,

) of 77 Pokfulum Road,

Hong Kong, be and he is hereby appointed Liquidator for the pur- poses of such winding up".

Dated this 25th day of February, 1935.

LAM KIU SHANG, Chairman.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of David Aaron Judah otherwise known as David Alroy Judah late of No. 3 Upper Wood Street Calcutta in the Empire of India Broker deceased.

NOTICE is hereby given that the Court

       has by virtue of the provisions of Sec- tion 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to the 29th day of March, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 1st day of March, 1935.

DEACONS,

Solicitors for the Administrator, 1, Des Voeux Road Central,

Hong Kong.

718

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Hannah Judah late of No. 18 Loudon Road, Calcutta in the Empire of India widow de- ceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section

58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 29th March, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigued on or before that date.

Dated this 1st day of March, 1935.

(FILE No. 11 of 1935)

DEACONS.

Solicitors for the Administrator,

1, Des Voeux Road Central,

Hong Kong.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that Standard-Vacuum Oil Company, of No. 100

West 10th Street, Wilmington, Delaware, United States of America and No. 26, Broadway, New York City, New York, United States of America

and Union Building, Victoria, Hong Kong have on the 11th day of January,

   1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:--

(1)

(2)

白告意生退承

頂洋頂承五住海之 千 人轇頂年文二安第照 九 無轕日人四月號三一 百 涉未前擬月東七全段千 三 日清之二街號體辦九 十後等債囘號四議股理百 五生事項海在十决東事二 年 意請承安德七將因啓十 三盈速頂號𫚙號海所者 月 虧與人加道安營

與出概多西人號之港第 日出頂不隆一馮生生德二 承出項人資記百德意意輔十 頂人理清二九承權不道五 頂人無妥理字十受利景西條 海涉一之在五定招于門防 人安特經責原辦期牌-牌範

·號此交如H海一傢千一 全佈易有地安千私儿百頂 馮體聞之債址號九全百九生 股 後項營內百盤三十意 德東與及業交三頂十五律 啟承華出易上與五號例

STANAVO

STAINMO

AVIATION ENGINE OIL

NO

Vertical shading indicates red; hori-

zontal shading indicates blue;

black lines represent blue.

STANAYO

(3)

STANAVO

in the name of Standard-Vacuum Oil Company who claim to be the sole proprietors thereof.

      The above Trade Marks are to be registered in Class 47 in respect of refined, semi-refined and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illumina-

ting, burning, power, motor fuel, and lubricating purposes and greases, especially aviation fuels and lubricants,

    The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

The above Trade Marks are to be associated with each other.

Facsimiles of the said Trade Marks can be seen at the Offices of the

Registrar of Trade Marks and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central, Hong Kong.

白告意生頂承

頂等字交寮願藥啓進 千人項在易街行者照 九 無及上清二天字陳一 百 涉華言楚百平號誠九

日洋地白二藥名發 十 後轉址頂十行義堂 五 生萬繼之七生經劉 年 意未續後號意營柏第

盈清營任地招參蔭 月虧者業由下牌茸堂十 亦概惟承興行幼向五

三年第

號 與歸出頂隆底藥在條 出出項人堂電生香防 頂頂人用承話意港範 人人日囘受按近文

承 出 無資前天準櫃因咸頂 頂頂 涉責如於等生生 八人特清有藥一全意街意

此理欠行九盤不第律

興劉陳聲一到字三出景四

柏誠明經各號五項各十第 隆蔭發以交號加年與東一三 堂堂堂免易貨多四深志號欸 後後債生月水圖以辦 論與會記二天理 承保二號鴨業事

堂 同啓

(FILE No. 63 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Yick Mow Firm) of No. 282 Queen's Road West, (ground floor), Victoria, in the Colony of Hong Kong, have on the 14th day of February, 1935, applied for the regis 'tration in Hong Kong in the Register of Trade Marks of the following Trade Mark :-

in the name of the said Yick Mow Firm, who claim to be proprietors thereof.

  The said Trade Mark has been used by the applicants in respect of Tea in Class 42 for over 10 years.

  Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 1st day of March, 1935.

WILKINSON & GRIST, Solicitors for the Applicants,

No. 2, Queen's Road Central, Hong Kong.

(FILE No. 53 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Young To Ling() of No. 14, Lun

Fat Street, Victoria, in the Colony of Hong Kong, on the 2nd day of February, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

丹痛止應萬

標商雀孔

製靈道楊

in the name of Yeung To Ling

of.

N

7.19:

(FILE No. 65 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Stanco Incor- porated, Wilmington Delaware, United States of America, Manufacturers and marke- ters of petroleum specialty products, have, on the 18th day of February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CRAX

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 16th July, 1934, in respect of the following goods :-

Chemical, medicinal, and pharmaceuti- cal preparations, 'otion for the treat- ment of athlete's foot, in lass 3.

Dated the 1st day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 52 or 1935)

TRADE MARKS ÖRDINANCE, 1909.

N

Application for Registration of

a Trade Mark,

OTICE is hereby given that The Polylock

Drug Company (保爾樂大

(FILE No. 7 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that A. A. Tari- walla & Co. of 43, Wyndham Street, Hong Kong, on the 11th February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

in the name of the said A. A. Tariwalla & Co., who claim to be proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8 in respect of Flash- light Lams and Batteries.

Representations of the Trade Mark are de- posited for inspection in the office of the Regis- trar of Trade Marks.

Dated the 1st day of March, 1935.

乙亥年元

A. A. TARIWALLA & CO.,

43, Wyndham Street, (First Floor),

Hong Kong.

Applicants.

交年萬祝赤道 易十源·坎西者 清二興經萬一梁 楚月公將源百祝

月承退日廿盤名棧五年股 初股股後九用下枝+用

*T) of No. 35, Queen's Road Central, fi^^48

1st floor, Victoria, in the Colony of Hong Kong, have, on the 31st day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

#

-

FERMERRY MOTHER

AN INFANTS TONIC

AP

FATTIGEN

in the name of The Polylock Drug Company,

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants forthwith in Class 3 in respect

of medicated articles.

Registration of this Mark shall give no

who claims to be the proprietress there- right to the exclusive use of the Chinese

  The Trade Mark has been used by the Ap- plicant in respect of Medicine in Class 3 since 1915.

  Registration of this Trade Mark shall give no right to the exclusive use of all the Chinese Characters appearing on the mark with the exception of "" meaning "peacock".

Dated the 1st day of March, 1935.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicant,

St. George's Building, Hong Kong.

Characters (保爾樂肥兒精) and

that Registration of this mark is united to the Colours exactly as shown on the mark attached

to

for registration

with the Registrar of Trade Marks.

Facsimiles of the above Trade Mark can be

seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 1st day of March, 1935.

LEO D'ALMADA & CO., Solicitors for the Applicants, No. 67 Des Vœux Road Central,

Hong Kong.

C

萬梁意在理占該號廣 源視盈亞人萬兩萬業 興年虧利梁源號源堂 司又與馬壽興歷興 理名退打南及年鹹股 人梁股及承枝數魚份 梁廣人美受店目店在 壽業無臣已股經及香 南堂涉律于份清廣港 全 此師甲頂算州德 啟 佈樓與梁灣輔

Trade and Shipping

Returns Annual Volume 1934.

OMPILED by the Statistical

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

(FILE No. 10 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that Standard-

         Vacuum Oil Co., of No. 100 West 10th Street, Wilmington, Delaware, United States of America and No. 26, Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong, have on the 11th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1)

ESSO

(2)

(3)

ESSOLUBE

n the name of Standard-Vacuum Oil Co. who claim to be the sole proprietors thereof.

        The above Trade Marks are to be registered in Class 47. Mark No. 1 is to be registered in respect of refined, semi-refined and unrefined oils made from petroleum both with and with- out admixture of auimal, vegetable or mineral substances for illuminating burning, power, fuel and lubricating purposes and lubricating greases, motor fuels of all kinds, napthas and kerosenes of all kinds, paraffin wax of all kinds, paraffin candles and tapers, lubricants of all kinds, fuels of all kinds, liquid, gaseous or solid and mixtures, petrolatum oil. Marks Nos. 2 and 3 are to be registered in respect of refined, semi-refined, and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illuminating, burning, power, motor fuel and lubricating purposes and greases.

        The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

        Trade Marks Nos. 2 and 3, above illustrated, are to be associated with each other and with the marks "Essomarine" and "Essoline" applications for the registration of which 2 marks have also been filed.

        Facsimiles of the said Trade Marks can be seen at the offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE NO. 9 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company, of No. 100 West 10th Street, Wilmington, Delaware, United States of America, and No. 26 Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong, have on the 11th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

ESSOLENE

(2)

ESSOMARINE

in the name of Standard-Vacuum Oil Company, who claim to be the sole proprietors thereof.

The above Marks are to be registered in Class 47. Mark No. 1 is to be registered in respect of illuminating, heating and lubricating oils, spirits and greases and liquid motor fuel.

Mark No. 2 is to be registered in respect of lubricating oils and lubricating greases.

The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

The said Trade Marks are to be associated with one another and with the words " Esso and "

Essolube", applications for registration of which Marks have also been filed.

Facsimiles of the said Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE No. 497 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that W. & A. Gilhey

Ltd. of l'antheon, London, England have

on the 28th day of November, 1934, applied for

(FILE No. 22 of 1935) TRADE MARKS ORDINANCE 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard-

Vacuum Oil Company of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broad- way, New York City, New York, United States of America, and Union Building, Victoria,. Hong Kong, have on the 17th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz :-

(1)

行孚美

MEI FOO

(2)

STANDESOL

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark (1) is associated with Trade Mark No. 175 of 1909 and has been hitherto used by the applicants in respect of Petroleum and Pro- ducts of Petroleum with or without admixture of other materials in Class 47.

Mark (2) is associated with Trade Marks Nos. 104A of 1894 and 96 of 1934 an1 has been hitherto used by the applicants in respect of Petroleum and Products of Petroleum with or without admixture of other materials and in particular for automotive fuel in Class 47.

Dated the 1st day of February, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

Asst. General Manager.

(FILE NO. 15 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Tin Yick

the registration in Hong Kong in the Register N Ching Kee Firm, of No. 112, Jervois

of Trade Marks of the following Trade Marks viz :--

(1)

GILBEY'S DRY GIN

LONDON N

(2)

Spay-Royal Scotch Whisky

BEK YEH TEARS OLD

in the name of the said W. & A. Gilbey Ltd. who claim to be the proprietors thereof.

The Trade Marks Nos. 1 and 2 are intended to be used by the Applicants in respect of Fer- mented 'quors and spirits in class 43. They are associated with each other and with Trade Mark No 163 of 1 25.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day February, 1935.

RUSS & CO. Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

Street, Hong Kong, have on the 14th day of January, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

IKKE

in the name of The Tin Yick Ching Kee Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of White Lead Powder in Class 1.

66

Registration of this mark shall give no right to the exclusive use of the Chinese characters (Tin Yick Ching Kee) as they are not represented in a special or

天從貞記

..

particular manner.

Dated the 1st day of February, 1935.

THE TIN YICK CHING KEE FIRM, No. 112, Jervois Street,

Hong Kong Applicants.

(FILE No. 518 OF 1934) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Chan

Wing Hing Firm, (陳榮馨) of No.

24 Pine Street, Tai-kok-tsui, Kowloon, in the Colony of Hong Kong, General Merchants, on the 20th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

・仙海

龍榮陳

張開咀的大灣香不

in the name of Chan Wing Hing Firm,

榮馨 who claim to be the proprietors

thereof.

(FILE NO. 1 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Chan

(FILE NO. 23 of 1935). TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Wing Hing Firm (B) NOTICE is hereby given that Philadelphia

(陳永馨)

of No. 28 Pine Street, Tai-kok-tsui, Kowloon, in the Colony of Hong Kong, General Merchants on the 2nd day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz:-

香名頭點佛

in the name of Chan Wing Hing Firm, (

The Trade Mark is intended to be used by) who claim to be the sole proprietor

the Applicants forthwith in Class 50 in respect

of Incensed joss sticks.

Facsimiles of the above Trade Mark can be seen at the oflice of the Registrar of Trade Marks, and also at the undersigned.

Dated the 1st day of February, 1934.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central, Hong Kong.

(FILE No. 525 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Cooper-

of

       atieve Condensfabriek "Friesland Kanaalweg 228-30 Leeuwarden Holland have on the 28th day of December, 1934, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark viz:-

BRAND

For

INFANTS INVALIDS

and

GROWN UPS

MILK POWDER

粉奶牛萋5牌秋千

in the name of the said Cooperatieve Condens-

fabriek · Friesland" who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Milk and milk powder in class 42.

   Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day of February, 1935.

RUSS AND CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

thereof.

The Trade Mark is intended to be used by the Applicants forhtwith in Class 50 in respect of Incensed joss sticks.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 1st day of February, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 17 of 1935). TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Delco Ap- pliance Corporation, a corporation organized and existing under the laws of the State of Delaware, doing business in the City of Rochester, State of New York, United States of America, have on the 15th day of January, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

DELCO-LIGHT

in the name of Delco Appliance Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants since the year 1916, in respect of the following goods:-

Internal combustion engines, generators, dynamo-electric machines, dynamo brushes, magnetos and electric water pumps, electric light and power plants and air compressors, in Class 6.

Dated the 1st day of February, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

Storage Battery Company, a corpora- tion organized and existing under the laws of the State of Pennsylvania, one of the United States of America, and located at Ontario & C Streets, City of Philadelphia, State of Pennsy- Ivania, United States of America, have on the 18th day of January, 1935, applied for registra- tion, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

PHILCO

in the name of Philadelphia. Storage Battery Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants since September, 1922, in respect of the following goods :-

Telephonic, telegraphic and television

apparatus of all kinds, their parts and accessories, dry cell or storage batteries, their parts and supplies, radio receiving sets, radio speakers and radio parts and supplies, radio phonographs and parts, electric switches and electric time switches, in Class 8.

Dated the 1st day of February, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE NO. 14 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that N. Mohame-

dally of No. 27, Wyndham Street, Vic- toria, in the Colony of Hong Kong, have on the 1st day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of N. Mohamedally, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 3, in respect of Chemical substances prepared for use in Medicine and pharmacy since 1929.

Dated the 1st day of February, 1935.

A. EL ARCULLI, Solicitor for the Applicants, No. 10, Ice House Street, Hong Kong.

PRINTED AND Published BY NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

724

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 64. The following Bill is published for general infor- mation :-

[No. 5-22.2.35.-1.]

A BILL

Short title.

Substitution

for section 3 (1) of

Ordinance No. 9 of

1925 as amended by

section 3

No. 9 of

1930.

INTITULED

An Ordinance to amend further the Telephone Ordinance,

1925.

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

as

1. This Ordinance may be cited as the Telephone Amend- ment Ordinance, 1935.

2. Sub-section (1) of section 3 of the Telephone Ordin- ance, 1925, as amended by section 3 of the Telephone Amendment Ordinance, 1930, is repealed and the following sub-section is substituted:

3.-(1) Subject to the provisions hereinafter contained of Ordinance the Government grants to the Company the sole right to supply and operate public telephonic communication within the Colony, including trunk line telephonic communication therein for communicating with places outside the Colony, for the period of 50 years commencing on and from the 1st day of July, 1925. Such trunk line telephonic com- munication shall include a right to establish and maintain inter-communication with any commercial Radio Telephony Station outside the Colony but this right shall be limited to the period during which inter-communication of the same or like kind or nature is not provided through or by some under- taking or service carried on or authorised by the Government of the Colony or by His Majesty's Government in the United Kingdom.

Saving of rights of

the Crown and of

certain other

rights.

4. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, His Heirs or Successors, or of any bodies politic or corporate, or other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.

Objects and Reasons.

1. Section 2 of this Ordinance repeals sub-section (1) of section 3 of the principal Ordinance, No. 9 of 1925, as amended by section 3 of Ordinance No. 9 of 1930, and re- enacts it with the addition of the words "Such trunk line telephonic communication shall include a right to establish

725

and maintain inter-communication with any commercial Radio Telephony Station outside the Colony but this right shall be limited to the period during which inter-communication of the same or like kind or nature is not provided through or by some undertaking or service carried on or authorised by the Government of the Colony or by His Majesty's Government in the United Kingdom".

2. These additional words give effect to an understanding arrived at between the Government and the Company last year which it is considered desirable to embody in the Telephone Ordinance.

3. Section 3 is the usual section saving rights required by Article XXVII of the Royal Instructions in every Bill intended to affect or benefit some particular person, associa- tion or corporate body.

February, 1935.

C. G. ALABASTER,

Attorney General.

726

No. S. 65.-The following Bill, as amended by the Standing Law Committee of the Legislative Council, is published for informa- tion in accordance with Standing Order 27 (14):-

[No. 40/32-4.3.35.-15.]

Short title.

Interpreta- tion.

A BILL

INTITULED

An Ordinance to make better provision for the maintenance

of Public Health in relation to Food.

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

1. This Ordinance may be cited as the Public Health (Food) Ordinance, 1935.

2. In this Ordinance,-

"Bake-house' means any premises on which bread, biscuits or confectionery are baked for sale as food for man and includes any premises on which such food is prepared for baking or on which the materials for the preparation of such food are stored.

"Colonial Veterinary Surgeon" includes any Veterinary Surgeon authorised by the Governor to perform the duties of a Colonial Veterinary Surgeon under this Ordinance and also any Assistant Colonial Veterinary Surgeon.

"Council" means the Urban Council, unless some cther Council is indicated.

"Dairy" includes any farm-house, cowshed, milk- store or other place from which milk is supplied or in which milk is kept for purposes of manufacture or sale.

"Dairyman" includes any keeper of cows or buffaloes for the purpose of trade in milk, or purveyor of milk, or seller of milk, or occupier of a dairy, and includes the employees thereof engaged in the production, distribution or sale of milk, and in cases where a dairy is owned by a corpora- tion or company includes the secretary or other person actually managing such dairy.

"Eating-house" means a building or portion thereof used as an eating house, coffee house or other similar establish- ment (where no intoxicating liquors are sold on the premises).

"Food" includes every article or substance used for food or drink, other than drugs, and also every living thing capable of being consumed as food.

"Food Officer" means any person appointed by the Council on the recommendation of the Director of Medical and Sanitary Services for the purposes of this Ordinance.

"Food Factory" means a place where food is prepared for sale and includes bake-houses, food preserving establish- ments and aerated water manufactories.

727

"Health Officer" includes the Director of Medical and Sanitary Services, any medical officer appointed as a Health Officer by the Governor, any Colonial Veterinary Surgeon and any officer for the time being performing the duties of a Health Officer.

"Market" means any place, other than a shop, which is ordinarily used for the sale of food, and includes all‍land and premises in any way used in conjunction therewith or appurten- ant thereto.

"Milk Shop" means any premises on which fresh. milk is sold by retail.

as

"Restaurant" means a building or portion thereof used an hotel, eating house, coffee house or other similar establishment and having a licence for the sale of intoxicating liquors.

"Technical services" include inspections, examina- tions, taking of samples, seizures, prosecutions and all other duties of a supervisory nature carried out by Colonial Veterinary Surgeons, Sanitary Inspectors and Food Officers under the powers conferred by this Ordinance and the by-laws made thereunder.

"Sale" or "Sell" includes barter and also includes offering or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending or delivering for sale or causing or allowing to be sold, offered. or exposed for sale, and refers only to sale for human consumption or use.

possession

3. No person shall sell or expose for sale, or bring into Sale and the Colony or into any market, or have in his possession of unwhole- without reasonable excuse, any food for man in a tainted, some food. diseased or unwholesome state, or which is unfit for food for

man.

and seizure

4. (1) Any Health Officer or Food Officer may at all Inspection reasonable times enter into and inspect any place where he of unwhole- has reason to believe there is any food for man intended for some food. sale, or where he has reason to believe there is any food for man in a tainted, diseased or unwholesome state, or which is unfit for food for man.

(2) Any Health Officer or Food Officer may mark, seal or otherwise secure, weigh, count or measure any food, the sale, preparation or manufacture of which is, or appears to be, contrary to the provisions of this Ordinance or the by-laws made thereunder.

(3) Any Health Officer or Food Officer or any officer of the Sanitary Department or police officer may inspect any food for man which he may find in any highway, street, road, pier, wharf, waterway, railway or vessel which he has reason to believe to be in a tainted, diseased or unwholesome state, or unfit for food for man.

(4) Any such officer may seize any food which is, or appears to be, held in contravention of section 3; and, if authorised so to do in writing by the Director of Medical and Sanitary Services, may destroy it or so dispose of it as to prevent it from being used as food for man.

(5) Any person claiming anything seized under this section may, within forty-eight hours after such seizure, complain to a magistrate, who may either confirm or disallow such seizure wholly or in part, and may order the article seized to be restored.

Matters with regard to which the Council

has power to make by-laws.

728

(6) If within forty-eight hours after such seizure no complaint has been made or if such seizure is confirmed, the article seized shall become the property of the Government and shall be destroyed or otherwise disposed of so as to prevent its being used for human consumption.

5. It shall be lawful for the Council to make by-laws in respect of any of the following matters:

(1) The establishment, regulation and sanitary mainten- ance of slaughter-houses, including the slaughter of cattle, swine, sheep and goats therein, the removal of their carcases therefrom, the conveyance of the same through the streets or otherwise, and such other matters and things in relation to the management of slaughter-houses as may be deemed advisable.

(2) The establishment, regulation and sanitary mainten- ance of markets and the fixing of fees to be charged in con- nection therewith, the control of the sale of food therein, and the removal of the same thereto and therefrom, and such other matters or things in relation to the management of markets as the Council may deem advisable.

(3) The control by licensing or otherwise of persons selling any article of food.

(4) The prohibition of the sale within a certain radius from a market of articles of any kind sold in such market.

(5) The establishment and the regulation and control by registration, licensing or otherwise of dairies and milk shops.

(6) The regulation and control by registration, licensing or otherwise of food factories and places in which food or drink is sold or prepared or stored for sale, and of the sale of water, non-alcoholic beverages, fresh provisions and milk.

(7) The regulation and control by registration, licensing or otherwise of street stalls where food is sold or prepared for sale.

(8) The regulation, inspection and licensing of eating- houses, restaurants and hotels.

(9) The seizure and disposal of unwholesome food, and the prevention of the manufacture or sale of unsound food.

(10) The prohibition of the addition of any specified thing or of more than the specified quantity or proportion thereof to any food.

(11) The prohibition of any modes of manufacture, paration or preservation of any food.

pre-

(12) Securing the cleanliness and freedom from con- tamination of any food in the course of its manufacture, preparation, storage, packing, carriage, delivery or exposure for sale, and the cleanliness of places, receptacles, appliances and vehicles used in such manufacture, preparation, storage, packing, carriage or delivery.

(13) The control, including the prohibition, of the importation of food from the New Territories and from places outside the Colony.

(14) Generally for carrying out the provisions of this Ordinance.

"

2

729

6. The by-laws in the Schedule shall be deemed to have Enactment been made under this Ordinance and shall be in force except Schedule.

of by-laws in as they may be rescinded, suspended, amended or added to by by-laws made by the Council under section 5.

7. All by-laws made by the Urban Council shall be sub- By-laws mitted to the Governor, and shall be subject to the approval of the Legislative Council.

subject to

approval of Legistative Council.

8.-(1) Every person who contravenes any of the provi- l'enalties. sions of this Ordinance or of any by-law made thereunder shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, as well as to suffer any forfeiture that may be prescribed therein.

(2) Any licence issued under any by-law made under this Ordinance shall be liable to cancellation by the Council on the breach of any by-law to which the holder of such licence is subject or on breach of any condition of the licence.

9. The execution of the various technical services Direction prescribed by this Ordinance and the by-laws made thereunder of technical shall be carried out under the general direction of the Director of Medical and Sanitary Services.

services.

10. No matter or thing done by the Council or by any Limitation member or officer of the Council or by any person whatsoever of liability. acting under the direction of the Council shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein con- tained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Ordinances

11. Nothing in this Ordinance or in the by-laws in the Certificates Schedule thereof shall be deemed in any way to derogate granted under from or lessen the validity or effect of any licence, certificate repealed or written permission of the Sanitary Board granted before preserved, the commencement of this Ordinance under the authority of or in accordance with any enactment in force at the date of the issue of such licence, certificate or written permission: Provided that any such licence shall be liable to cancellation in the same circumstances as any licence issued under any by-law made under this Ordinance.

inent.

12. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by Proclamation as the date of commencement of this Ordinance.

730

SCHEDULE.

[s. 6.]

BY-LAWS.

Dairies and Milk Shops.

1. In these by-laws-"Milk" includes cream and skimmed and separated milk, but does not include imported preserved milk.

"Disease" means any disease of an infectious or contagious nature, and includes, in the case of cattle, any disease of the udder which is liable to cause contamination of the milk.

2. No person shall carry on the trade of a dairyman unless he On such holds a licence issued in that behalf by the Council. licence shall be affixed the photograph of the licensee. Such licences shall be issued for such period not exceeding one year as the Council thinks fit.

3. No person shall be licensed until he shall have furnished full information to the satisfaction of the Council as to his residence, the place where the milk is kept for sale, the place where the milk is produced, the place where the cattle are kept, the nature of his water supply and the general suitability of his arrangements for carrying on such trade.

4. Every person so licensed shall notify the Council forthwith of any change in the source from which his milk is derived.

5. Every person so licensed shall at all times afford any Health Officer, Colonial Veterinary Surgeon or Food Officer free access to all premises occupied by him, whether as a dairy or milk shop or not, for the purpose of inspection, and shall produce his licence on demand.

6. Every dairyman whilst purveying or selling milk shall carry his licence with him and shall produce it when demanded by any Health Officer, Colonial Veterinary Surgeon or Food Officer.

7. Every place used by a licensed person as a dairy or milk shop shall be specfied in the licence issued by the Council, and a place not so specified therein shall not be used as a dairy or milk shop by such person.

8. Every building used as a dairy or milk shop shall be registered annually during the month of January at the office of the Council and every application for registration shall be made in the form to be supplied by the Secretary of the Council.

9. Every dairy and milk shop shall be adequately lighted and ventilated to the satisfaction of the Council, and the floor shall be paved with a layer of not less than six inches of good lime-concrete, or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less. than half an inch in thickness, or of such other material of such nature and thickness as the Council may approve. In the case of a place where cattle are kept, the floor shall be raised at least eight inches above the ground level and shall have a slope of not less than one in sixty and shall directly communicate by an independent drain to be constructed as the Council may direct with a covered cement catch-pit the contents of which shall be removed daily.

10. No water closet, dry closet, earth closet or urinal shall be within, or be in direct communication with, any dairy or milk shop.

11. No building or part of a building shall be used as a dairy or milk shop until such premises have been approved by the Council as being in accordance with these by-laws and have been registered.

12. Except with the written permission of the Council no dairyman shall have in his dairy or milk shop any milk derived other- wise than from premises registered under by-law 8.

}

731

13. The whole of the interior walls (unless exempted by the Council) and the ceilings of the rooms of every dairy and milk shop shall be properly lime-washed during the months of January and July of each year.

14.-(i) Every dairyman shall cause every part of any dairy or milk shop in his occupation to be thoroughly cleansed from time to time as often as may be necessary to secure that such dairy or milk shop shall be at all times clean to the satisfaction of a Health Officer, Colonial Veterinary Surgeon or Food Officer. It shall be scraped and white- washed whenever required by the Council.

(ii) He shall cause the floor of every such dairy or milk shop to be thoroughly cleansed and all offensive matter to be removed from such dairy or milk shop as often as may be necessary and not less than once daily.

(iii) He shall keep in or in connection with every dairy or milk shop in his occupation a supply of clean fresh water suitable for all such purposes as may from time to time be necessary.

(iv) He shall not deposit or keep any milk in any room used as a kitchen or as a living room.

15.-(i) Every dairyman shall cause every vessel and utensil used by him for the reception of milk to be of such material and design as the Council may approve.

(ii) He shall cause every vessel, receptacle or utensil used by him for containing milk to be cleaned thoroughly with steam or clean boiling water after it has been used and to be maintained in a constant state of cleanliness.

(iii) He shall not permit or suffer any person to drink out of any vessel or measure used by him in purveying milk.

(iv) He shall not cause or suffer any animal belonging to him or under his control to be milked unless :-

(a) at the time of, milking the udder and teats of such animat

are thoroughly clean.

(b) the hands of the person milking such animal are thoroughly

clean and free from all infection and contamination.

16. It shall be the duty of every dairyman to use due diligence and care to ascertain the presence of sickness or disease upon his dairy or milk shop premises and to ascertain whether such sickness or disease is of a contagious or infectious nature, and he shall be presumed to know of the existence of such sickness or disease, unless and until be shows to the satisfaction of the magistrate, before whom he is charged, that he could not with reasonable diligence have obtained such knowledge.

17. Every dairyman shall, when any person residing in his house or being upon his premises is suffering from any infectious or con- tagious disease, give immediate notice thereof in writing to a Health Officer.

18. If at any time disease of an infectious or contagious nature dangerous to animals or mankind or any disease of the udder exists among the cattle belonging to or under the charge of a dairyman, or amongst other animals associated with the cattle of such dairyman, he shall notify the same forthwith to a Health Officer or Colonial Veterinary Surgeon.

19. Whenever a Health Officer is of opinion or has rea- son to suspect that any person in the Colony is suffering from an infectious disease attributable to milk supplied from any dairy or milk shop situated within the Colony, or that the consumption of milk from any dairy is likely to cause infectious disease to any person, he shall have power to inspect such dairy or milk shop and medically to examine any person residing or employed therein and may call upon a Colonial Veterinary Surgeon to inspect and examine the animals therein, and the carcases of any animals that may have died therein.

20. Every dairyman shall take all reasonable and proper pre- cautions in and in connection with the storage and distribution of milk, and otherwise, to prevent the exposure of the milk to any infection or contamination.

732

21. No dairyman shall allow any person suffering from an infectious or contagious disease or having recently been in contact with a person so suffering to reside or enter upon his premises or to milk any animal or handle any vessel used for the reception of milk or in any way to take part in the conduct of the production, preparation, storage, distribution or sale of milk.

22. The milk of a diseased animal or of any animal which has been in contact with or associated with a diseased animal and the milk of which is in the opinion of a Health Officer or Colonial Veterinary Surgeon likely to have become or to become contaminated:

(a) shall not be mixed with other milk;

(b) shall not be sold as human food; and

(c) shall not be sold or used as food for other animals save with

the permission of a Health Officer.

23. If

a

Health Officer or

Colonial Veterinary Surgeon is of opinion that infectious disease is caused or likely to be caused by the consumption of the milk supplied from any dairy, or that the public health is or is likely to be endangered by any act or default of any dairyman, such Health Officer or Colonial Veterinary Surgeon may make an order in writing with a view to stopping the supply, distribution or sale of such milk, absolutely or under conditions. laid down in such order.

24. If an order prohibiting the supply, distribution, or sale of milk is made against a dairyman under the provisions of the preceding by-law, he shall not be entitied to claim compensation for any damage or loss which he may sustain thereby.

25. Any person aggrieved by any order made by the Urban Council or any Officer may appeal to the Governor-in-Council.

26. (a) No person shall spit in any dairy or milk shop except into spittoons provided for the purpose.

(b) The registered proprietor of every dairy and milk shop shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council. requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(c) The registered proprietor of every dairy and milk shop shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

Food Factories.

A. General.

1. No building or part of a building shall be used as factory unless licensed by the Council.

a food

2. Every keeper of a food factory shall cause the floor thereof to be thoroughly washed and cleansed at least once every day.

3. Every keeper of a food factory shall cause the whole of the inside walls thereof to be properly scraped and whitewashed at least once a quarter and also at all other times when he may be required to do so by notice in writing from the Council. Ceilings shall be rendered and kept dust proof.

4. Every keeper of a food factory shall cause every table and implement used in the preparation of food and every table, shelf or other article used to hold or contain food to be thoroughly washed and cleansed once at least in every day.

5. Every food factory shall have an ample supply of good potable water, and, except with the special permission of the Council, the water shall be laid on to the premises from the public water mains.

L

733

6. Every keeper of a food factory shall cause every means of ven.ilation in connection therewith to be kept in good order and efficient action,

7. No keeper of a food factory shall cause or allow to be brought into, placed in or carried through such food factory any night-stool or other receptacle for urine or excreta.

8. No keeper of a food factory shall sit, stand or lie down upon any table or shelf in such food factory, nor shall he allow any other person to sit, stand or lie down upon any such table or shelf, nor shall he sleep or allow any other person to sleep within such food factory, except in accordance with the provisions of by-law 16.

9. No person suffering from any skin disease or infectious dis- order, or who has recently been in contact with a person so suffering, shall enter any food factory or take part in or assist in any way in the conduct of the trade carried on there.

10. No person shall commit a nuisance within the precincts of any food factory.

11. No keeper of a food factory shall keep or allow to be kept therein any animal or bird.

12. Every keeper of a food factory shall afford to any Food Officer free access to every part thereof for the purpose of inspection at all hours during the day time and also at all times during the night when work is going on in the food factory.

13. Whenever it appears to the Council that any house or building or part thereof used for the preparation, storage or sale of food is in such an insanitary condition as to be unfit for such use, the occupier or, in the case of unoccupied premises, the owner thereof shall whitewash, cleanse or purify the same in such manner as may be required by the Council by notice in writing signed by the Secretary thereof.

14. No occupier of any house or building or part thereof which is used for the preparation, storage or sale of food shall keep or allow to be kept therein or adjacent thereto for more than 24 hours or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, nightsoil, filth or any noxious or offensive matter, or shall suffer such receptacle to be in a filthy or noxious state or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

15. (a) No person shall spit in any food factory except into spittoons provided for the purpose.

(b) The registered proprietor of every food factory shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing and any premises from the above requirement as to display of notice, revoke in writing any such exemption.

(c) The registered proprietor of every food factory shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

16. Where in any food factory any part of a floor to which the licence relates is used for sleeping purposes, such part shall be parti- tioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

17. Every food factory shall be provided with adequate kitchen, ablution, urinal and latrine accommodation to the satisfaction of the Council.

Ordinance No. 36 of 1931.

Ordinance No. of 1935.

Ordinance No. 16 of 1903.

734

B. Aerated Water Factories.

f6

1. For the purpose of these by-laws the term 'aerated waters" shall mean any liquid intended for human consumption which is impregnated with carbon dioxide or oxygen or both under pressure, but shall not include any intoxicating liquors as defined in the Liquors Ordinance, 1931.

2. No premises shall be used for the manufacture of aerated waters unless such premises have been licensed by the Council.

3. Licences shall be renewed annually in January.

4. Such premises shall comply in all respects with the provisions of the Buildings Ordinance, 1935.

5. No water shall be used in any aerated water factory whether for the manufacture of aerated waters or for any other purpose except such as is derived from waterworks as defined in the Waterworks Ordinance, 1903, and is laid on to the premises, provided that the Council may give permission for the use of water from any other source for any purpose for which such water is required. All water used for the manufacture of aerated waters shall be subjected to such purifica- tion as the Council may require.

6. All premises, utensils and machinery used in the manufacture and packing of aerated waters shall be kept in a cleanly condition.

7. No aerated water factory shall be used for any other purpose except with the permission of the Council.

8. The manufacture of aerated waters shall not be carried on in any part of a building which is used for domestic purposes.

9. No animals except cats shall be kept in any aerated water factory.

10. No drain inlet shall exist in any part of any premises actually used for the manufacture of aerated waters.

11. Every aerated water factory shall be provided with adequate kitchen, ablution, urinal and latrine accommodation to the satis- faction of the Council.

12. Every aerated water factory shall, between the hours of 6 a.m. and 6 p.m. and at any other time by order in writing from the Council, be open to the inspection of any Food Officer specified in such order,

13. All premises in which the work of manufacturing aerated waters is carried on shall have their floor surfaces on ground surfaces of non-absorbent material finished off smooth, and their walls rendered to a height of seven feet with cement-mortar or other non-absorbent material, or be otherwise constructed and maintained to the satis- faction of the Council. Ceilings shall be rendered and kept dust proof.

14. Every aerated water manufactory shall be adequately lighted and ventilated to the satisfaction of the Council, and the ground sur- faces shall be paved with a layer of not less than six inches of good lime-concrete or not less than three inches of cement-concrete com- posed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or of such other material of such nature and thickness as the Council may approve.

15. Every room or other part of every aerated water manu- factory in which the actual work of manufacturing aerated waters is carried on shall have the interior surfaces of the walls and ceilings or roofs limewashed throughout during the months of January and July each year.

16. The Council shall have power to exempt any aerated water manufactory from all or any of the foregoing by-laws.

}

735

C. Bake-houses.

1. All premises used as bake-houses shall be registered annually, during the month of January, at the office of the Secretary to the Council and every application for registration shall be made in the form in the Schedule to these by-laws.

2. Every bake-house shall be adequately lighted and ventilated to the satisfaction of the Council and the ground surfaces shall be paved with a layer of not less than six inches of good lime-concrete or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement- mortar of not less than half an inch in thickness or of such other material of such nature and thickness as the Council may approve. The walls shall be rendered to the height of seven feet with cement- mortar or other non-absorbent material or be otherwise constructed and maintained to the satisfaction of the Council.

3. Every bake-house shall have an ample supply of good potable water and, except with the special permission of the Council, this water shall be laid on to the bake-house from the public water mains.

4. Every bake-house shall be so drained as to be in accordance with the requirements of the Building Authority, and all inlets to the drains shall be placed outside the building.

5. No water closet, dry closet, earth closet or urinal shall be within or in direct communication with any bake-house.

6. Every bake-house shall be kept at all times in a cleanly condition and free from all noxious matter. The troughs, tables and utensils in use in the bake-house shall be thoroughly cleansed and the floors properly swept at least once in every twenty-four hours. The whole of the interior walls and the ceilings of the rooms shall be properly limewashed and the wood-work thoroughly scrubbed with soap and water during the months of January and July of each

year.

7. No animals except eats shall be kept in a bake-house

8. No person suffering from any infectious or contagious disease shall be permitted to take part in the manufacture or sale or delivery of bread or biscuits.

9. Every bake-house shall, during the hours at which baking operations are carried on, be open to inspection by any Food Officer or officer of the Sanitary Department.

10. No premises shall be used as a bake-house until such premises have been approved by the Council as being in accordance with these by-laws and have been registered.

11. Where any part of a floor of a bake-house is used for the sleeping purposes, such part shall be partitioned off remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

SCHEDULE.

[Bake-houses by-law 1.]

FORM OF APPLICATION.

1, the undersigned, hereby notify the Urban Council that I propose to commence/continue the business of a bake-house on the premises known as No.

floor, Lot No.

Street,

and I beg leave to request that the said.

premises may be duly registered as a bake-house.

Signature of applicant.

Schedule.

736

D. Food Preserving Establishments.

1. For the purposes of these by-laws the expression "food preserving establishment" means any business, undertaking or concern which carries on the trade of food preserving, or any of the branches of such trade, such as the making of sugar confectionery, cocoa, chocolate, jam, marmalade, preserved fruits, Chinese preserves, fruit and table jellies, meat extracts, meat essences, sauces and pickles; the preparation of meat, poultry, game, fish, vegetables and fruit for sale in a preserved state and the processes of wrapping and filling, and packing other than the packing of the finished article in cases or crates merely for storage or transport.

2. A register of food preserving establishments shall be kept by the Secretary of the Council.

3.-(1) No person shall continue or commence business in any food-preserving establishment unless it is registered under these by-laws.

(2) In order to effect registration, and subject to these by-laws, one of the persons specified in paragraph (3) shall furnish to the Secretary of the Council the particulars specified in the form in the Schedule to these by-laws and shall certify the correctness of such particulars and of his own description.

(3) The particulars specified, and any other particulars and certifi- cates required by this by-law shall be furnished and certified by the proprietor or one of the proprietors of the food preserving establish- ment and in the case of a company by a director, manager, secretary or other officer of the company.

(4) If any change occurs, or if any inaccuracy is discovered, in any of the specified particulars, the persons specified in paragraph (3) shall, within seven days, furnish substituted particulars to the Secretary of the Council and shall certify the correctness of such substituted particulars and of their own descriptions: provided that if one of such persons complies with the requirements of this paragraph the obligations imposed by this paragraph on any other person shall be deemed to have been discharged as regards the substituted parti- culars so furnished.

(5) In case of any material departure from the particulars or substituted particulars furnished in respect of any food preserving establishment such food preserving establishment shall be deemed to be unregistered.

4. The following conditions and requirements shall be complied with in respect of every food preserving establishment:-

(1) Except with the permission of the Council no water shall be used for any purpose other than water from the Government Water Works and laid on to the premises.

(2) All premises, apparatus, utensils and machinery shall be kept in a cleanly condition and free from all noxious matter.

(3) Except with the permission of the Council the premises shall not be put to any other use or purpose, domestic or otherwise.

(4) No animals except cats shall be kept on the premises.

(5) No drain inlet shall exist or remain in any part of the premises.

(6) Adequate kitchen, ablution, urinal and privy accommodation, tc the satisfaction of the Council, shall be provided.

(7) The ground surfaces of the premises shall be laid with not less than six inches of good lime-concrete, or not less than three inches of cement-concrete composed of one part of cement, three parts of sand and five parts of stone broken to pass through a one inch ring, and the surface shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness, or of such other material of such nature and thickness as the Council may approve. Floor surfaces other than ground surfaces shall be of non-absorbent material, finished off smooth.

737

(8) The walls shall be rendered to the height of seven feet with cement-mortar or other non-absorbent material or be otherwise con- structed and maintained to the satisfaction of the Council. Ceilings. shall be rendered and kept dust proof.

(9) Adequate lighting and ventilation, to the satisfaction of the Council, shall be provided.

(10) The interior surfaces of the walls and ceilings or roofs shall be limewashed throughout during the months of January and July each year.

(11) The premises, and the work being carried on, and all apparatus, utensils, receptacles, machinery, fittings, fixtures and things therein, and accommodation referred to in paragraph (6) shall be open, between the hours of 6 a.m. and 6 p.m., to the inspection of any member of the Council and any Food Officer.

(12) Exemptions from or modifications of all or any of the conditions

or requirements of this by-law may be granted by the Council in its discretion and with or without conditions of exemption or modification. Such exemptions and modifications shall be noted in the register.

(13) Subject to exemptions and modifications as aforesaid the Council may refuse registration, and may strike off any food preserving establishment from the register, if the conditions and requirements of these by-laws are not complied with.

SCHEDULE.

[Food Preserving Estab- lishments by-law 3 (2)]

FORM

FOOD PRESERVING ESTABLISHMENTS.

Name of establishment

Address

Proprietor

Description of premises...

Branch or branches of the food-preserving trade carried on.....

Date

I certify that the above (substituted) * particulars are correct and

that I am..

*Delete if necessary.

Signature of informant.

738

Food Shops.

1. Except under and in accordance with a licence granted by the Council, no person shall within the City of Victoria or the Harbour, or in Kowloon or New Kowloon, or in Shaukiwan, Quarry Bay, Wong Nei Chung, Tai Hang, Whitfield, Tsin Shui Ma Tau, Fu Tau Fat, Ma Shan Ha, Sai Wan Ho, Chung Lung, Tsat Tsze Mui, Pokfulam, Aberdeen or Aplichau, or in such other places as shall be named in any Government Notification, sell or expose for sale in any place not being a public market within the meaning of this Ordinance any articles of food for man usually sold or exposed for sale in a public market.

2. The following fees shall be charged and paid for licences to sell in premises outside a public market articles of food commonly sold in such market

$10 per quarter;

Beef and Mutton

Pork

Fish

Poultry

$30

21

"}

$60

;

$60

19

""

$10

Fruit and Vegetables

Provided that in the following areas, namely, Tsin Shui Ma Tau, Fu Tau Fat, Ma Shan Ha, Chung Lung, Pokfulam, Aberdeen and Aplichau, and such other districts as may from time to time be deter- mined by the Council and notified in the Gazette, the fee shall in every case be $3 per quarter only.

3.-(1) No person shall within the Hill District that is to say any part of the Island of Hong Kong above the 700-feet contour-

(a) keep any shop for the sale of any article of food; or

(b) expose or offer with a view to sale any article of food; or (c) warehouse or store any article of food intended for sale; or (d) knowingly permit any premises, owned or occupied by him, or otherwise under his management or control, to be used as a shop for the sale of any article of food or for the purpose of warehousing or storing any article of food intended for sale; or

(e) have in his possession or control any article of food with a view to the sale thereof or knowing that the same is in- tended for sale,

except with a licence from the Council and in accordance with the terms of such licence.

(2) It shall be lawful for the Council to prescribe in the case of any such licence any conditions which may to the Council seem desirable.

(3) This by-law shall not apply to the following:-

(a) the sale of food by the keepers of hotels and boarding houses

to guests and visitors;

(b) the sale of green vegetables, fruit, confectionery, bean curd,

congee, soup or other prepared food by licensed hawkers;

(c) public sales by licensed auctioneers: provided that in any sale of intoxicating liquor the provisions of the Liquors Ordin- ance 1931 are complied with;

(d) the sale of eggs.

(4) In this by-law 'shop' includes every place where any article is sold ordinarily from time to time.

4. Any breach of these by-laws or of any prescribed condition of a licence shall render the licence subject to immediate cancellation, and in the event of cancellation no fees shall be refunded.

5. All fees shall be paid quarterly in advance, within the first seven days of the quarter, to the Secretary of the Council.

739

6. No licensee shall sub-let, assign or transfer his licence or licences, or any part thereof, to any person without the written per- mission of Council.

7. No meat other than the meat of animals which have been slaughtered in a Government Slaughter-house shall be sold or exposed for sale except with the written permission of the Council.

8. Any Health Officer or Food Officer or any officer duly authorised in writing by the Council shall be allowed access to any licensed premises at all times when the premises are

                            open business, and the licensee shall produce his licence whenever required. to do so by any such officer.

for

9. The premises shall have a signboard in a conspicuous position showing in English and Chinese (a) the name of the licensee, (b) the nature of the business carried on, and (c) the number of the licence: Provided that the Council may exempt any premises from this requirement.

10. No structural alteration of the premises shall be made with- out the previously obtained consent in writing of the Council.

11. Every licensee shall provide himself a sufficient number of portable dust-bins in accordance with one or other of the patterns on view in the markets. Every licensee shall cause all dust, garbage and solid refuse of any kind which may be produced or may accumulate in the course of his business or in the cleaning of poultry or fish to be immediately placed in a portable dust-bin, and he shall, as often as may be necessary, but never less than once a day, cause such dust-bins to be removed and emptied.

12. Every food shop shall have an ample supply of good potable water, and, except with the special permission of the Council, this water shall be laid on to the premises from the public water mains.

13. No person shall spit in any premises specially licensed for the sale of food usually sold in a market, except into spittoons provided for the purpose.

14. The licensee shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all persons present on the premises not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

15. The licensee shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

16. The licensee shall normally be in attendance at his place of business and shall not absent himself for more than one calendar month without previously notifying the Chairman of the Council.

17. Every dealer in fresh meat shall thoroughly wash and cleanse his shop and all fittings and utensils belonging thereto at least twice a day.

18. Every fishmonger shall thoroughly wash and cleanse his shop and all fittings and utensils belonging thereto at least twice a day.

19. Every poulterer shall thoroughly cleanse his shop, pens and all fittings belonging thereto at least twice a day and shall provide a supply of fresh drinking water for any live birds that may be kept in such pens.

20. No birds other than poultry and no animals other than cats shall be kept on the premises.

21. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of food or utensils shall be permitted in the part so partitioned: off for sleeping purposes.

740

22. One or more copies of these by-laws, in English and Chinese, shall be posted up in a conspicuous place in the premises, provided that the Council may exempt any premises from this requirement.

If other goods in addition to those covered by the special food licence. are also to be sold on the same premises, the following additional by-laws shall apply.

23. In addition to the articles of food covered by the special licence only such other articles shall be sold as may be approved in writing by the Council.

24. No person shall sleep on the premises.

25. Without the consent of the Council no cooking shall be done on the premises.

26. The floor surface and the walls to a height of 8 feet shall be of impervious material rendered smooth. All openings to the external air, except the main entrance, shall be dust, rat and fly proof. All internal drainage, except flush operated sanitary fittings and wash basins with running water, shall drain by surface channels to a point cutside the premises. An adequate supply of main water shall be laid on to the satisfaction of the Council.

27. Sufficient flush closets or fly proof commodes of an approved Facilities pattern shall be provided to the satisfaction of the Council. for washing shall be provided.

28. Employees shall wear clean clothing.

29. No person suffering from, or who has been in contact with infectious disease, shall be employed on the premises.

30. All fittings, utensils and implements shall be of impervious material except in the case of special fittings, etc., approved by the. Council.

31. The premises, fittings, etc. shall be maintained at all times in a state of cleanliness satisfactory to the Council.

32. Goods imported from sources approved by the Council may be sold, the Council retaining the right to require that goods from any particular source shall be declared to the Council and must be inspect- ed and passed by the Council before being exposed for sale or used for any trade purpose in the premises.

33. All goods sold shall be covered in a clean wrapper before removal from the premises.

34. When more than one class of goods is sold the separation of the goods in sale and storage shall be to the satisfaction of the Council.

35. The licensee shall maintain a stock ledger on the premises and the arrival of all goods on the premises shall be entered therein within 24 hours of arrival. The stock ledger shall be produced for inspection when required. Each entry shall contain such information regarding the origin of the goods and such other details respecting them as the Council may require.

If special food licences are issued for the sale on the same premises of more than one class of food commonly sold in markets, the following additional by-laws shall also apply.

36. No person shall sleep on the premises and the premises shall have no direct communication with any domestic premises.

37. The floor surface shall be of impervious material rendered smooth. The wall surfaces shall be of polished impervious material. All openings to the external air, except the main entrance, shall be dust, rat and fly proof. All internal drainage except flush operated sanitary fittings and wash basins with running water shall drain by surface channels to a point outside the premises. An adequate supply cf main water shall be laid on at a number of points to satisfy the Council. Ceilings shall be rendered and kept dust proof.

4.6

741

38. Sufficient flush sanitary apparatus and wash basins with hot and cold water shall be supplied to the satisfaction of the Council. An adequate supply of clean towels shall be available at all times.

39. Employees shall wear clean washable overalls of white or the colour customary to the trade concerned.

40. No person shall be employed in handling uncovered goods until he has been passed "free from infectious disease" by a Health Officer. Such specimens and information as the Health Officer may require to reach his decision shall be supplied by the employee.

41. All fittings, utensils and implements of the trade shall be of polished impervious material and of a design approved by the Council except in the case of a special fitting, utensil or implement approved by the Council.

42. Refrigerated or gas storage for perishable goods must be of a design approved by the Council.

43. The licensee shall report immediately to the Chairman of the Council any case of sickness among his employees.

Markets.

1. In these by-laws 'Public Market' means a market which has been declared a market by any Public Authority or which may hereafter be declared a market by the Council.

2. All public markets established at the commencement of this Ordinance shall be continued and shall be subject to these by-laws, but it shall be lawful for the Council to close any of them and also to establish or close any new market. No market shall be opened or kept open except under the provisions of these by-laws.

3. No buildings shall be erected or maintained in any market except stalls and quarters for market officers, police and porters. Such buildings shall be of stone, brick or other approved impervious material.

4. The stalls in any market building shall be constructed of materials and according to designs approved by the Council.

5. No alteration in or addition to any market building or any fittings thereof shall be made or commenced except with the sanction in writing of the Council.

6. All market stalls shall be let by the Council in the manner following and upon the following conditions:-

(1) They shall be let without fine or premium, from quarter to quarter, for the highest rent obtainable, such rent to be ascertained by sealed tenders. In case of equal tenders the tenant in possession, if any, shall have the preference.

(2) A quarter's notice of the discontinuance of any letting shall be given by either the Council or the lessee as the case may be.

(3) If the lessee dies, his son or sons or other near relative may be allowed by the Council to take the lease and continue it: Provided that the person or persons so succeeding shall be bound in all respects by these by-laws as if he or they were the original lessees of the stall.

(4) All rents of market stalls shall be paid to the Council quarterly in advance within the first two weeks of the quarter. If a stall be let from a date which is not the beginning of a quarter, any period greater than half a month shall be charged as one month, and any period less than half a month shall be neglected in payment.

(5) The Council may order the forfeiture of any lease of a market stall if it is proved to its satisfaction that the lessee has used such stall for any other purpose than those pertaining to the business of a market, or if such lessee has been convicted of a contravention of any of these by-laws.

}

742

7. The lessee of every market stall shall take all reason- able measures to secure the observance of all by-laws relating to markets. He shall employ a sufficient number of persons to wash and keep the stall clean to the satisfaction of the Council and shall be responsible for all damage to or loss of any property.

S. No lessee of any market stall shall sub-let or assign the same or any part thereof without the written permission of the Council nor shall he transfer his lease to any other person. Never- theless the business of any lessee may be carried on in the case of his death or absence, with the consent in writing of the Council, by his executors, administrators or agents until the expiration of his lease.

9. Whenever the lessee of any market building fails to comply with any conditions of his holding or grant as to the execution of any repairs to such market building or other works in connection with the same, the Director of Public Works may summon such lessee before a magistrate, who may summarily order him to execute such repairs or other works within a reasonable time to be specified in such order. Any failure to carry out the terms of such order shall be deemed an offence against this by-law.

10. Except as provided by these by-laws, no person shall demand or receive any money or other valuable consideration as a fee, fine, toll, rent or otherwise for access or admission to, or for selling or buying in, any market.

11. The Council shall from time to time fix the hours during which each market shall be open to the public. The hours during which any market is open to the public shall be posted on a board placed in a conspicuous position at such market. At least one month's previous notice in writing shall be given to each stall-holder of any alteration in the hours during which any market is open to the public.

12. No person shall make use of any avenue or thoroughfare of any market for the conveyance of merchandise not intended for sale or exposure for sale in such market.

13. No person shall sell, or offer or expose for sale, any article in any part of the market other than the part thereof which is appro- priated for the sale of such article.

in

14. No person shall hawk or cry any article whatever for sale any market.

15. No person shall in any market beg or apply for alms or expose or exhibit any sores, wounds or bodily ailments or deformity, nor shall any person so afflicted or any leper engage or assist in any business therein

16. No person shall commit a nuisance in any part of any market.

17. No person shall spit in any part of any market.

18. No person other than such caretakers and officers as the Council shall decide shall sleep in any market.

19. No person shall wash or bathe in any fish tank or in any receptacle which is used for the storage of food.

Schedule.

Market Stalls.

20. Market stalls shall be classified and set apart by the Council for the sale respectively of meat, game, poultry, fish, fruit, vegetables and other perishable goods.

21. All market-stalls shall be numbered.

22. A register of all market stalls shall be kept by the Secretary of the Council in the form A in the Schedule to these by-laws. Every entry in such register shall be prima facie evidence of the facts therein appearing. The person or persons whose name or names is or are entered in such register as the lessee is or are hereinafter referred as the stall-holder.

!

<

743

23. No stall-holder shall use such stall for any other purpose than that for which it is let.

24. Every stall-holder, who absents himself from the Colony for a period exceeding a month, shall notify such fact to the Secretary of the Council and report to him the name of the agent responsible for his stall during his absence.

25. Every occupied stall shall have a signboard in front showing in full, both in English and Chinese, the name or names of the stall-holder or holders, and his or their photograph or photographs shall be affixed thereto. All photographs shall be renewed from time to time as the Council may direct.

26. No signboard or blind of any market stall shall be so arranged as to obstruct any thoroughfare in such market, and no stall-holder shall place or store any goods outside such market stall or allow them to project beyond it.

27. Every stall-holder shall cause his stall to be properly cleansed as often as may be necessary to maintain such stall in a sanitary condition.

28. Every dealer in flesh meat shall thoroughly wash and cleanse all fittings and utensils belonging thereto at least once a day.

29. No person shall cleave any carcase or part of a carcase elsewhere than upon a cleaving block or chopping board or upon the hooks provided for the purpose.

30. Every fishmonger shall thoroughly wash and cleanse his stall and any fittings and utensils belonging thereto at least twice a day.

31. Every poulterer shall thoroughly cleanse his stall, pens and any fittings belonging thereto at least twice a day, and shall provide a supply of fresh drinking water for any live birds that may be kept in such pens.

32. No stall-holder shall suffer any garbage or refuse to remain on or be under or about his stall, and he shall keep the avenue or passage in front thereof in a cleanly condition.

33. No person shall throw any vegetable substance, offal, garbage or offensive matter or thing on to any market avenue or thoroughfare.

34. No person shall pluck, scald or clean any poultry or game except in the places appropriated for the purpose.

35. Every stall-holder, if called upon to do so, shall provide himself with a portable dustbin in accordance with one or other of the patterns on view in the office of the Secretary of the Council.

36. No person shall sit, stand or lie on any slab or counter intended for the exposure of food stuffs for sale.

37. No stall-holder shall keep any dog in any market, nor shall any person knowingly permit any dog to follow him into a market.

38. Stall-holders who require additional lights in their stalls shall use only electric lamps or smokeless oil lamps of a pattern to be approved by the Council.

39. Subject to the provisions of by-law 40, no flesh meat (salted meat excepted) other than that which has been slaughtered in the Government slaughter-houses shall be exposed for sale in any market.

40.-(a) The Council may, from time to time, grant per- mission in writing, revocable at the discretion of the Council, to any stall-holder to expose for sale in his stall unsalted flesh meat which has been imported from Shanghai, Japan, Canada or Australia or from such other localities as the Council may from time to time approve; such permission shall state the name of the person to whom it is granted, the class or description of meat permitted, and the shop or stall on which such meat is to be exposed for sale. The Council may require that such imported meat shall be inspected by a Food Officer before being exposed for sale.

744

(b) The stall-holder, to whom such permission has been granted, shall cause a board to be posted on his stall, in a conspicuous position, stating in English and Chinese that he deals in imported meat, and stating also the place from which such meat was imported; the fetters and characters of such notice shall be at least one and a half inches long. He shall also make a true return to the Council, quarter- ly, of the quantity of meat imported by him, specifying whence such meat has been imported.

any

any

41. If

Food Officer at

in time discovers

any market any carcase or part of a carcase of beef, mutton, goat's flesh or pork not bearing the official mark, he is hereby authorised to seize it, and the Colonial Veterinary Surgeon may order it to be destroyed and no compensation shall be payable to any person in respect of such destruction.

42. On a day and hour to be appointed by the Council, of which three days notice shall be given, the stall-holders shall remove all goods and other articles from their stalls or from other spaces allotted to them in the market in order that the market may be thoroughly cleaned.

43. The Council may expel from any market any person who has been convicted of contravening any of the by-laws relating to public markets, and may prevent any such person from further carrying on any business in such market or occupying any stall therein.

44. The Director of Medical and Sanitary Services, the Director of Public Works, the Secretary for Chinese Affairs, the Chairman of the Council and the Inspector General of Police and their respective officers as well as any Food Officer shall have at all times free access to every part of every market building.

45. Copies of these by-laws, in English and Chinese, shall at all times be posted in conspicuous positions in the markets.

SCHEDULE.

[Markets by-law 22.]

FORM A.

Market Register.

Stall No.

Market.

Ordinance

No. 36 of 1931.

Restaurants and Eating-houses.

Such

1. No building or portion thereof may be used as a restaurant or eating-house without a licence issued by the Council. license shall be in addition to any licence issued under the Liquors Ordinance, 1931.

745

2. Any person desirous of obtaining such a licence shall make application to the Council by means of a properly filled-in form, for which purpose blank forms can be obtained from the Secretary thereof at his office. Every such person shall also lodge a plan of the premises, if so required.

3. All such licences shall expire on the 30th day of June next after the day of the date thereof.

4. The following fees are hereby prescribed and shall be paid to the Secretary in advance-

For a restaurant or eating-house licence in the City of Victoria, or in the districts. of Causeway Bay, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan, or in Kowloon and New Kowloon For a restaurant or eating-house licence.

elsewhere

$20.00

$5.00

Provided that in respect of any such licence issued after the 1st day of January half only of the above fees shall be charged and paid.

5. Every such licence shall be conditional on compliance with these by-laws so far as they are applicable to the licence in question. Breach of any relevant by-law shall render the licence liable to can- cellation by the Council.

6. Every licensee of an eating-house shall cause to be legibly painted or fixed, and shall keep so painted or fixed, on his premises, in a conspicuous place, in English letters and in Chinese characters at least four inches long, his name followed by the words 'Licensed Eating-house', together with the number of his licence.

7.-(1) The whole of the ground floor of the premises of every licensed eating-house shall be covered with a layer of not less than three inches of cement-concrete rendered smooth and laid to the satisfaction of the Council.

(2) Those parts of the premises in which cooking, preparation or storage of food is carried out shall have walls imperviously surfaced to a minimum height of eight feet.

8. Except with the special exemption in writing of the Council no ceiling (not being the underside of a floor), hollow wall or stairlining shall remain or be fixed in any building in which or in part or parts of which the premises of the licensee are situated, and, except as aforesaid, if any such ceiling, hollow wall or stair-lining shall be found in any such building the Council may order the forfeiture of the licence.

an

9.--(1) No living room, sleeping place, partitions, cubicles or mezzanine floors shall be allowed on any premises licensed as eating-house except with the permission of the Council and as shown on the plan of the premises.

(2) Where such permission has been given no part of a floor to which the licence relates is to be used for sleeping purposes unless it has been partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of food or utensils shall be permitted in the part so partitioned off for sleeping purposes.

10. Every restaurant and eating-house shall be provided with a suitable urinal of a type prescribed by the Council, and every restaurant shall be provided also with a decent and suitable privy. Every such urinal and privy shall be kept in a state of good repair and cleanliness.

11. Every eating-house and restaurant shall be kept at all times The troughs, in a cleanly condition and free from all noxious matter. tables and utensils in use shall be thoroughly cleansed and the floors properly swept at least once in every twenty-four hours. The whole of the interior walls and ceilings of the rooms shall be properly lime- washed unless such eating-house or restaurant is exempted therefrom by the Council, and the woodwork thoroughly scrubbed with soap and water during the months of June and December of each year unless similarly exempted.

746

12. No person suffering from any infectious or contagious disease shall be allowed in any eating-house or restaurant.

13. No person shall spit in any eating-house or restaurant except into spittoons provided for the purpose.

14. The licensee of any eating-house or restaurant shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, while such premises are open to the public, a notice or notices of a size and form approved by the Council and in & language prescribed by the Council requiring his customers not to spit on the floor: Provided that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

15. The licensee of any eating-house or restaurant shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use, and shall thoroughly cleanse them daily at the close of business.

16.-(1) All food shall be stored or kept in a clean manner and duly protected from flies and dust.

(2) All receptacles used for the storage of food shall be made of, or lined with, impervious material, and shall have insect-proof lids or covers.

17. The licensee shall not permit disorderly conduct on his premises, or suffer unlawful games or gaming therein, or permit or suffer any prostitute to frequent such premises or to remain therein.

18. No intoxicating liquor shall be sold, served or consumed in any eating-house, nor any opium smoked in any eating-house or restaurant.

19. Eating-houses shall be closed between midnight and 6 a.m. and no meals or refreshments shall be supplied during that period to any person not resident therein.

20. Every eating-house and restaurant shall, during the hours at which the business thereof is carried on, be open to inspection by any member of the Council, Food Officer or officer of the Sanitary Department.

21.-(1) Every licensee, and every person desirous of obtaining a licence to use as a restaurant or eating-house premises which include the upper floors, or any portion thereof, of any building, shall give or cause to be given to the Chief Officer of the Fire Brigade, or to any officer of the Fire Brigade deputed by him, all reasonable facilities to inspect, from time to time during the hours between S a.m. and 6 p.m., such premises with a view to ascertaining the precautions taken and available against fire, and the suitability of such premises for use as a restaurant or eating-house touching matters with which the Fire Brigade is concerned, and reporting thereon to the Council.

(2) Every licensee, and person aforesaid, shall comply with the requirements considered and notified by the Council to be necessary as regards precautions and steps to be taken to prevent or mitigate danger or accident from fire, if a licence in respect of such premises is to be continued or granted, as the case may be.

22. Every restaurant and eating-house shall have an ample supply of good potable water, and, except with the special permission of the Council, the water shall be laid on to the premises from the public water mains.

23. These by-laws shall not apply to any naval, military or air force canteen.

{

747

Slaughter-houses.

General.

1. In these by-laws officer in charge" means the person appointed by the Council to superintend and have the care of the slaughter- houses or any one of them or any part thereof.

2. No slaughter-house other than a slaughter-house provided by the Government shall be opened or kept open.

3. Every slaughter-house shall be provided with a hanging shed for carcases.

the

4. It shall be lawful for the Urban Council with the sanction of Governor-in-Council to grant to any person the sole privilege of slaughtering cattle, swine, sheep and goats within. the Colony or within any particular district or locality therein, for such rent, premium or consideration and on such conditions as shall be deemed expedient; provided that nothing in this by-law shall be deemed to prevent the Governor-in-Council at his discretion either from leasing the privilege of slaughtering such animals by private contract, or from appointing any Food Officer or other person to manage any or all of the public slaughter-houses.

5. The lessee of the privilege of slaughtering cattle, swine, sheep and goats shall enjoy, during the whole of the term of his lease, the sole and exclusive privilege of slaughtering such animals in the Colony, or in such part thereof as his lease may relate to, and shall give such security for the payment of the rent thereof and for the due observance of these by-laws as the Governor in Council may direct.

6. The lessee of the privilege of slaughtering cattle, swine, sheep and goats shall not sublet or assign his lease or any part thereof without the written permission of the Council.

7. No person shall slaughter any cattle, swine, sheep or goats, or dress any carcase thereof, except within a slaughter-house appointed for that purpose: Provided always that the Council for some special reason may permit such animals to be slaughtered elsewhere.

or

8. Except as provided in any lease or under these by-laws, no person shall demand or receive any money or other valuable con- sideration as a fee, fine, toll or rent or otherwise for access admission to, or for slaughtering any cattle, swine, sheep or goats in any slaughter-house.

9. No person resorting to the slaughter-houses in charge of any cart or other vehicle shall station such cart or vehicle in a slaughter- house or in any private road giving access thereto in such a manner as to hinder any animals or any other cart or vehicle in arriving at or departing from the slaughter-house, or wilfully or improperly station such cart or vehicle so as to occupy a position in which the person in charge of any other cart or vehicle would, by priority of arrival. have claim to place such last mentioned cart or vehicle.

10. No person affected with leprosy, sores or any contagious or infectious disease shall enter any slaughter-house premises or shall take part in the slaughtering of any animal for human food or in the handling of the flesh of such animal,

11. (a) The Director of Medical and Sanitary Services, the Director of Public Works, the Secretary for Chinese Affairs, the Inspector General of Police and the Chairman of the Council, and their respective officers, as well as any Food Officer, shall at all times have free access to every part of every slaughter-house.

(b) Any Food Officer may also at any time enter any premises on which he has reason to suspect that any animal has been slaughtered or is being slaughtered in contravention of by-law 7.

748

Admission of animals to slaughter-houses.

12. The slaughter-houses shall for the purpose of the admission of animais be open at such hours as may be fixed by the Colonial Veterinary Surgeon with the approval of the Council.

12. Whenever in the opinion of the Council it is expedient for its maintenance or preservation to close any part of any slaughter-house, a notice to that effect shall be posted in some conspicuous part of such slaughter-house specifying the part that is to close, and no unauthorised person shall thereafter use or enter such part until a further notice has been published and posted as aforesaid notifying the reopening of such part.

14. No person shall bring into any slaughter-house any animal which is not intended for slaughter and particularly shall not bring any dog into a slaughter-house.

15. No person shall convey or cause to be conveyed or attempt to convey any dead animal into any slaughter-house for any purpose whatever.

16. Every person desiring to bring an animal into a slaughter- house shall apply to the officer in charge to inspect and pass such animal, and no person shall bring or cause to be brought or attempt to bring into a slaughter-house any animal which has not been duly inspected and passed by the officer in charge.

17. The mark known as the Broad Arrow shall be used for the purpose of denoting the fitness of cattle to be slaughtered for human food. No cattle shall be slaughtered for human food in any slaughter- house unless marked with the broad arrow. Every person who, without lawful authority stamps, uses, applies or impresses the broad arrow, or any mark apparently intended to resemble the broad arrow, on any cattle, shall be deemed to have contravened the provisions of these by-laws.

18. If any person passes or attempts to pass into any slaughter- house any cattle, swine, sheep or goat, which has not been inspected, passed and (in the case of cattle) marked by the broad arrow by an officer duly authorised by the Government, such animal may be detained by the officer in charge, and such person and also the owner of such animal shall each be deemed to have contravened the provisions of these by-laws. Any magistrate may order such animal to be for- feited and dealt with as the Director of Medical and Sanitary Services may determine

19. Every person who brings or causes to be brought into a slaughter-house any bovine beast, shall cause such beast to be securely tied to the tying irons in a byre assigned for the purpose.

20. Every person who brings or causes to be brought into a slaughter-house any sheep, lamb or goat, shall cause such sheep, lamb or goat to be properly penned in a lair assigned for the purpose.

21. Every person who brings or causes to be brought into a slaughter-house any pig shall cause such pig to be properly secured in a piggery assigned for that purpose.

22. No person shall cause or suffer any animal which has been brought into a slaughter-house for the purpose of being slaughtered to be taken out alive except with the written permission of the cfficer in charge.

23. Every person being the owner, and every person for the time being in charge, of any animal which, after admission to a slaughter- house, shall in the opinion of the officer in charge be unfit for slaughtering, shall remove such animal to such place as the officer in charge shall direct and shall deal with such animal in such a manner as the Colonial Veterinary Surgeon shall direct.

749

24. The owner of any animal shall not keep such animal in any slaughter-house for a longer period than twelve hours.

Maintenance of order.

25. Subject to the provisions of by-law 11, except by permission of the officer in charge no person shall enter or remain in a slaughter-house except for the purpose of slaughtering or of supplying food or water to any animal therein or of preparing any carcase for sale, or other- wise for some lawful purpose connected with the slaughter-house.

26. No person shall use in any slaughter-house any indecent or obscene language, or enter or remain therein in a state of intoxication.

27. No person shall bring into a slaughter-house any malt or spirituous liquor or any drug of any nature whatsoever.

28. Every person who may desire to use a slaughter-house for the purpose of slaughtering shall make application, in writing, to the officer in charge, and permission to use the slaughter-house shall be given to the several persons so applying in the order in which such applications are received.

29. Every person using a slaughter-house shall obey all reasonable orders given to him by the officer in charge, and shall conduct himself in a quiet and orderly manner therein

30. No person shall obstruct or hinder any other person in the proper use of the slaughter-houses, or of any utensil, article, gear or apparatus provided by the Sanitary Department or by the officer in charge for use therein.

31. No person shall by any disorderly or improper conduct disturb or interrupt any other person in the proper use of the slaughter- houses, or of any utensil, article, gear or other apparatus provided for use therein.

32. No person shall spit or commit a nuisance within the precincts of a slaughter-house.

Slaughter of animals.

33. No person shall slaughter, or attempt to slaughter, any animal in any part of a slaughter-house except in such part as shall be from time to time assigned by the Colonial Veterinary Surgeon for the slaughter of animals of the same class or kind.

34. No person shall slaughter any animal in such a situation as will interfere with the slaughtering of any other animal.

35. If any difference or dispute shall arise between any persons using the slaughter-houses regarding any question of priority of right to use any part of a slaughter-house, or any utensil, article, gear or apparatus therein, such difference or dispute shall be referred to the officer in charge and the decision of the officer in charge shall be final and shall be obeyed by such persons.

36. Every person who shall slaughter or assist in the slaughtering of any animal shall adopt such methods of slaughtering as may be prescribed by the by-laws, and, in the absence of such by-laws, such methods as may be prescribed by the Colonial Veterinary Surgeon, and shall take all such precautions as may be requisite to secure the infliction of as little pain as possible.

37. Any animal killed for food in a slaughter-house shall be killed in the following manner:

(1) All cattle (except buffaloes) shall be killed with a pole-axe or humane killer of a pattern to be approved by the Colonial Veterinary Surgeon.

750

(2) All buffaloes shall be killed with a rifle of a size and pattern to be approved by the Colonial Veterinary Surgeon. All rifles used for this purpose shall be kept by the Food Officer on duty and shall be used only by an officer authorised by the Colonial Veterinary Surgeon.

(3) All sheep and goats shall be killed with the captive-bolt type of humane killer, and swine shall be killed with the knife in a manner approved by the Colonial Veterinary Surgeon, except in the case of pigs, which, in the opinion of the officer in charge are too large to be killed in this way. Such pigs shall be killed in the same manner as cattle.

Provided always that nothing in this by-law shall affect Jews, Mohammedans or other people holding religious beliefs which compel them to kill animals for food in a particular manner.

38. The owner of any animal to be slaughtered shall provide the proper instruments, appliances and utensils required for the purpose and shall cause such articles to be thoroughly cleansed immediately after the completion of the process of slaughtering in which they have been used, and shall cause every such article when not in actual use to be kept thoroughly clean.

39. The carcase of every animal slaughtered shall be hung in the hanging shed immediately after it is dressed and shall remain there until removed to a market.

40. The owner of any animal that is slaughtered shall cause the hide or skin, fat and offal of such animal to be removed from the slaughter-house within twenty-four hours after the completion. of the slaughter of such animal.

41. The lessee of the privilege of collecting blood and hair shall forthwith, upon the completion of the slaughtering of any animal or the dressing of any carcase, cause such blood and hair to be collected and deposited in a sufficient number of receptacles of approved pattern, properly constructed of non-absorbent material and furnished with closely fitting covers, and he shall cause the contents of such receptacles to be removed from the slaughter-houses at least once in every twenty-four hours. He shall cause such receptacles to be thoroughly cleansed immediately after they have been used for such collection and removal and shall cause every such receptacle which is not in actual use to be kept thoroughly clean.

42. Fees in accordance with the following scale shall be paid by the owner of any animal to be slaughtered:-

Cattle (including calves) Sheep and goats Swine

40 cents per

20

head.

30

".

""

The fee shall in all cases be payable on admission to the slaughter- house.

Marking and transport of carcases.

43. The Colonial Veterinary Surgeon may cause such stamps or other instruments to be made for the purpose of establishing a special mark for beef, mutton, and pork before such carcases leave the slaughter-house, in order to show that such carcases are fit for human food, and may change or alter such mark, and every such mark for the time being in use at any slaughter-house under the authority of the Colonial Veterinary Surgeon shall be the official mark within the meaning of this by-law.

44. Carcases shall be conveyed from the slaughter-houses to the markets in wheeled and covered vehicles or in boats in which the carcases shall be hung.

45. If any Food Officer or officer of the Sanitary Department at any time discovers in any vehicle or boat conveying carcases from the slaughter-houses to the markets any carcase or part of a carcase of beef, mutton, or pork not bearing the official mark aforesaid, he is authorised to seize it, and the Colonial Veterinary Surgeon may order it to be destroyed and no compensation shall be payable to any person in respect of such destruction.

751

Slaughter-houses at Sai Wan Ho and Aberdeen.

46. The respective lessees of the privilege of slaughtering swine in the slaughter-houses at Sai Wan Ho and Aberdeen shall provide all the persons necessary for the purpose of slaughtering such animals and dressing the carcases thereof, together with a sufficient supply of hot water, and shall have the same in readiness at all times for the persons making use of the slaughter-houses.

47. Each of the said lessees shall at all times allow any person to slaughter any such animal or dress any carcase for sale on payment to him of a fee not exceeding thirty cents for each animal besides the blood of such animal which the lessee may retain.

48. Each slaughter-house shall be provided with a hanging shed, in which the carcase of every animal slaughtered shall be hung as soon as it is dressed. Such carcases shall continue hanging in such shed until they are removed to the markets. Carcases when removed to the markets shall be conveyed in wheeled and covered vehicles or in boats in which the carcases shall be hung.

49. Each of the said lessees shall cause the means of ventilation and drainage provided in or in connexion with his slaughter-houses to be kept, at all times, in proper and efficient action.

50. Each of the said lessees shall cause the means of water supply provided in or in connexion with his slaughter-houses to be kept, at all times, in proper order.

51. Each of the said lessees shall provide a sufficient number of vessels or receptacles, properly constructed of some non-absorbent material and furnished with closely fitting covers, for the purpose of receiving and conveying from his slaughter-houses all blood, manure, garbage, filth or other refuse products of the slaughtering of such animal or the dressing of any carcase therein. He shall forthwith upon the completion of the slaughtering of such animal or the dressing of any carcase in the slaughter-houses cause such blood, manure, garbage, filth or other refuse products to be collected and deposited in such vessels or receptacles, and he shall cause all the contents of such vessels or receptacles to be removed from the slaughter-houses at least once in every twenty-four hours. He shall cause every vessel or receptacle to be thoroughly cleansed immediately. after it has been used for such collection and removal, and shal! cause every such vessel or receptacle when not in actual use to be kept thoroughly clean.

52. Each of the said lessees shall provide the proper instruments, appliances and utensils required for the purpose of slaughtering, and he shall cause all such articles to be thoroughly cleansed immediately, after the completion of the process of slaughtering in which they have been used, and he shall also cause every such utensil when not in actual use to be kept thoroughly clean.

53. Each of the said lessees shall cause every part of the internal surface of the walls and every part of the floor of his slaughter-houses to be kept, at all times, in good order and repair, so as to prevent the absorption therein of any blood or liquid refuse or filth which may be spilled or splashed thereon, or any offensive or noxious matter which may be deposited thereon or brought in contact therewith. He shal! cause every part of the internal surface of the slaughter-houses above the floor to be either thoroughly washed with hot limewash or tarred, at least four times in every year. He shall cause every part of the floors of his slaughter-houses, and every part of the internal surface of every wall on which any blood or liquid refuse or filth may have been spilled or splashed, or with which any offensive or noxious matter may have been brought in contact during the process of slaughtering or dressing in such slaughter-houses, to be thoroughly washed and cleansed within three hours after the completion of such slaughtering or dressing.

54. The owner of any animal that is slaughtered shall cause the hide or skin, fat and offal of such animal to be removed from the slaughter-house within twenty-four hours after the completion of the slaughtering of such animal.

752

55. No lessee shall at any time keep any dog or cause or suffer any dog to be kept in any of his slaughter-houses. He shall not at any time keep, or cause or suffer to be kept, in any slaughter- house any such animal of which the flesh may be used for the food of man, unless such animal be so kept in preparation for the slaughtering thereof upon the premises, and he shall not keep sucn animal or cause or suffer such animal to be kept in any slaughter- house for a longer period than may be necessary for the purpose of preparing such animal for the process of slaughtering. He shall cause animals kept in preparation for slaughtering to be confined in the stalls, pens or lairs provided on the premises for this purpose.

56. Each of the said lessees shall cause every animal, brought to any of his slaughter-houses and confined in any stall, pen or lair upon the premises previous to being slaughtered, to be provided during such confinement with a sufficient quantity of wholesome water.

57. Swine confined in the stalls, lairs or pens attached to the slaughter-houses shall have at least the following space allotted to them, viz :-

Every pig

..8 square feet.

Objects and Reasons.

This is one of the series of Bills prepared to give effect to the recommendations of the Director of Medical and Sanitary Services.

It is designed to replace the food provisions of Ordinance No. 1 of 1903 and the by-laws made thereunder. The said Ordinance and by-laws are to be repealed by another Bill in the same series which will come into force simultaneously by Proclamation of the Governor.

February, 1935.

C. G. ALABASTER,

Attorney General.

A

--

753

TABLE OF CORRESPONDENCE.

New Ordinance Section,

1

Ordinance

No. 1 of 1903 Section.

2

2 (1)

6 (4)

2 (2)

6 (15A)

2 (3)

& (7)

6 (18)

2 (4)

2 (5)

6 (19)

2 (6)

6 (23A)

2 (7)

6 (30)

2 (8) (15)

3

88 33

83

82

5 (1)

16 (25)

Short title.

Interpretation.

Remarks.

'or medical practitioner" omitted. The supply of veterinary surgeons is sufficient.

The title of the Sanitary Board is

changed to Urban Council.

"manufacture or" added as in F.M.S.

legislation.

This definition has been redrafted and is a combination of local and F.M.S. enactments.

But water is not excluded from the new definition as water is sold as a commodity by water boats.

Redrafted.

New

Redrafted.

"establishment" added in first line

and "advisable" substituted

for

desirable" at end.

5 (2)

16 (30)

Revised and enlarged.

Adapted from F.M.S. precedents.

5 (3)

do.

5 (4)

5 (5)

16 (19)

Extended in accordance with F.M.S.

precedents.

5 (6)

16 (19)

Extended in accordance with F.M.S.

precedents.

5 (7)

Adapted from F.M.S. precedents.

do.

5 (8)

do.

5 (9)

do.

5 (10)

New.

5 (11)

do.

5 (12)

do.

5 (13)

do.

5 (14)

754

Table of Correspondence,-Continued.

Ordinance

New Ordinance Section.

No. 1 of

Remarks.

1903

Co

6

Section

2

Redrafted.

7

1117

8 and 9

New.

10

269

Adapted.

11

12

268

Adapted.

Commencement.

SCHEDULE.

BY-LAWS.

Dairies and Milk Shops.

Food Factories.

Founded on the F.M.S. by-laws and

the existing Dairy by-laws.

A. General.

B. Aerated water factories.

C. Bake-houses.

D. Food preserving

Food Shops.

Hawkers.

Markets.

establishments.

Restaurants & Eating-houses.

Slaughter-houses.

Mainly adapted from the rules under F.M.S. Ordinance No. 9 of 1913.

Derived from the existing by-laws

under P.H. & B.O.

Adapted mainly from the existing

by-laws (P.H. & B.O.).

Adapted mainly from the existing

by-laws (P.H. & B.O.).

Reproducing in the main the present conditions of special food licences issued by the Sanitary Board.

Reproducing (with modifications) the "General" and "Hawkers" by- laws under the Miscellaneous Licences Ordinance, 1933.

Taken mainly from ss. 72 to 80 of the P.H. & B.O. and existing by- laws.

Adapted mainly from the existing eating-house by-laws (P.H. & B.O.), the application of certain of them to restaurants being new.

Adapted mainly from the relevant provisions (e.g. ss. 52 to 71) of the P.H. & B.O. and from the existing by-laws.

7

-

+

+

755

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

  No. S. 66.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 28th February, 1935, as certified by the Managers of the respective Banks:-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

21,302,628

8,300,000*

139,521,382 132,750,000†

1,350,000§

1,970,722

TOTAL

$ 162,854,732 142,400,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £780,200.

† In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

8th March, 1935.

W. T. SOUTHIORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT,

  No. S. 67. The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940 1944.

£190,000.

8th March, 1935.

1121-1131

W. T. SOUTHORN,

Colonial Secretary.

756

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 68. The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 25 of 25.1.35.

Tender for Refuse Boat Pier

at Kweilin Street.

Messrs. Chung Lee & Co.

S. 22 of 25.1.35.

S. 24 of 25.1.35.

S. 23 of 25.1.35.

S. 29 of 28.1.35.

S. 16 of 11.1.35.

S. 17 of 11.1.35.

8th March, 1935.

Tender for the Supply of Messrs. The Taikoo Dockyard &

Mooring Buoys.

Tenders for Supplying five new hard wood barges for Sanitary Dapartment.

Tenders for Supplying and replacing a new Engine to Launch H. C. 7.

Tenders for Removing and replacing existing Kero- sene Engine in R. D. 1.

Tender for Hangar at Kai

Tak.

Engineering Company of Hong Kong, Ltd.

Messrs. A. King.

Messrs. Kwong Hip Lung &

Co. (1932), Ltd.

Messrs. Kwong Hip Lung &

Co. (1932), Ltd.

Messrs. Sang Lee & Co.

Tender for the erection of the Messrs. Cheong Hing Co.

New British School Kowloon.

at

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 69.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

8th March, 1935.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

قم

$

757

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 70.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

8th March, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

HARBOUR DEPARTMENT.

 No. S 71.-It is hereby notified that sealed tenders in quintuplicate which. should be clearly marked "Tender for the supply of a teak wood single-screw motor boat for police services at Tai ", will be received at the Colonial Secretary's Office until Noon of the 22nd March, 1935.

 The launch is to be built in accordance with plans and a specification which may be obtained at the Office of the Government Marine Surveyor.

 The sum of $50 will be required to be deposited with the Honourable Colonial Treasurer and a receipt obtained, on production of which plans and specification will be handed to applicants. The deposit will be released upon the receipt of a bona fide tender, and the return of the plans and specification.

 The Hull, Machinery and equipment to be of first class material and workmanship to the entire satisfaction of the Government Marine Surveyor.

 Tenders to state the earliest date of delivery and failing completion within such time, deduction will be made from the contract price at the rate of $20 for each and every subsequent day until the due completion of work.

The Government does not bind itself to accept the lowest or any tender.

7th March, 1935.

G. F. HOLE,

Harbour Master, &c.

758

DISTRICT OFFICE, SOUTH.

  No. S. 72.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 22nd day of March, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

  The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Upset Price.

Annual Crown

Rent.

N.

S.

E.

W.

Lamma Demarcation District No. 1,

Lot No. 667.

8th March, 1935.

No. S. 73.

Pui Kau.

:

:

525

Subject to readjustment as

provided by the Conditions of Sale.

$

CA-

€A

CO

6

1

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

NOTICES TO MARINERS.

No. 15/1935.

It is hereby notified that Notice to Mariners No. 44/1934 of the 25th May, 1934, regarding a Hydrographic Survey, is cancelled.

4th March, 1935.

No. 17/1935.

A minimum depth of 33·7 feet exists in a position off Kowloon wharves with Railway Clock Tower bearing 111° distant 1035 yards.

Harbour Department,

6th March, 1935.

G. F. HOLE,

Ilarbour Master, &c.

760

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Intended Dividend.

No. 25 of 1932.

Re Jorge Carlos de Souza, of No. 250, Sai Young Choi Street, Mongkok, Clerk.

FIRST dividend is intended to be declar-

ed in this matter.

Creditors who have not proved their debts by the 6th day of April, 1935, will be ex- cluded.

A

No. 30 of 1932.

Re Frederico Alberts Raptista, of No. 20, Yuk Sau Street, (ground floor), Happy Valley, Victoria, in the Colony of Hong Kong, clerk.

SECOND dividend is intended to be de-

clared in this matter.

Creditors who have not proved their debts by the 6th day of April, 1935, will be ex- cluded.

Dated the 8th day of March, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Alexander James Mac- gregor Drysdale late of Summerlee Elmstead Road, West Byfleet in the County of Surrey England, deceased.

NOTICE is hereby given that the Court

by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 4th day of April, 1935.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 1 of 1935.

Re Queen's Dispensary, of No 22, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, and Ma Kat Tong, the managing partner therein.

ECEIVING Order made 2nd day of

R. March, 1935, Date and place of first

meeting, 14th day of March, 1935, at 11.00 a.m. in the Official Receiver's Office.

NOTE. All debts due to the estate should be paid to me.

Dated the 8th day of March, 1935.

JAMES J. HAYDEN,

Official Receiver

N

IN THE SUPREME COURT OF HONG KONG

In the Matter of the Legal Practitioners

Ordinance, 1871, Section No. 16.

OTICE is hereby given that I, SYDNEY NG QUINN, of St. George's Building, Victoria, in the Colony of Hong Kong, formerly Articled Clerk to GEORGE KINGSTON HALL BRUTTON, of St. George's Building, Victoria aforesaid Solicitor intend at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court.

Dated the 1st day of March, 1935.

SYDNEY NG QUINN.

In the Matter of The Eastern Mercantile & Construction Company, Limited.

(IN VOLUNTARY LIQUIDATION).

MEMBERS VOLUNTARY WINDING-UP.

All Creditors and others are accordingly the Company held at its registered

hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of March, 1935.

N

JOHNSON, STOKES & MASTER, Solicitors for the Executors and Trustees. Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 2 of 1935.

In the Matter of Green Island Cement

Company, Limited

and

In the Matter of The Companies Ordin-

ance 1932.

OTICE is hereby given that the Order

       of the Supreme Court of Hong Kong, dated the 4th day of March, 1935, confirming the reduction of capital of the above-named Com- pany from $6,000,000:00 to $1,951,940.00 and the Minute approved by the Court showing with respect to the capital of the company as altered the several particulars required by the above mentioned Ordinance was Registered by the Registrar of Companies on the 4th day of March, 1935.

Dated this 6th day of March, 1935.

DEACONS,

SOLICITORS FOR GREEN ISLAND CEMENT

COMPANY, LIMITED.

T an Extraordinary General Meeting of

office, Asia Life Building, Victoria, in the Colony of Hong Kong, on Tuesday, the 5th day of March, 1935, the following Special Resolution was duly passed, namely:--

"That this Company be wound up volun- tarily and that Boyd and Company, Limited, whose registered office is at Victoria, in the Colony of Hong Kong, he appointed Liquidators for the purpose of such winding-up."

Dated the 8th day of March, 1935.

T. B. WILSON, Chairman.

THE HUNG HING S.S. CO., LTD. Members' Voluntary Winding-up.

NOTICE is hereby given in pursuance of

Section 225 o' the Companies Ordinance, 1932, that a General Meeting of the members of the above-named Company will be held at the registered office of the Company, at No. 81, Wing Lok Street, Victoria, Hong Kong, on the 13th day of April, 1935, at 2.30 o'clock in the afternoon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determining by Ex raordinary Resolution the manner in which the books, accounts, and documents of the Company, and of the Liquidator thereof shall be disposed of.

Dated the 8th day of March, 1935.

LING MAN-I,

Liquidator.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923, Notice is hereby given that Tai Yick

Loong Kee(泰氚隆記 ) and Po On Loong() (hereinafter called

"the Transferors") of No. 360 Queen's Road Central, Victoria, in the Colony of Hong Kong, have agreed to transfer to Shing Kee Company

A) (hereinafter called "the

Transferees") of No 100 Bonham Strand East, Victoria, aforesaid All That the business of the Transferors carried on at No. 360 Queen's Road Central, aforesaid including the goodwill, fixture, furniture stock-in-trade and fittings.

The Transferees intend to carry on the said business at the same address and will not assume the liabilities incurred in the business of the Transferors prior to the 8th day of April, 1935.

Dated the 8th day of March, 1935.

N

RUSS & CO. Solicitors for the parties.

THE LUEN HING S.S. CO., LTD. MEMBERS' VOLUNTARY WINDING-UP.

OTICE is hereby given in pursuance of Section 225 of the Companies Ordinance, 1932, that a General Meeting of the Members of the above-named Company will be held at the registered office of the Company, at No 81, Wing Lok Street, Victoria, Hong Kong, on the 13th day of April, 1935, at 2.30 o'clock in the afternoon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts, and documents of the Company, and of the Liquidator thereof shall be disposed of.

Dated the 8th day of March, 1935.

LING MAN-I, Liquidator.

THE LAI HING S.S. CO., LTD. MEMBERS' VOLUNTARY WINDING-UP.

OTICE is hereby given in pursuance of Section 225 of the Companies Ordinance, 1932, that a General Meeting of the Members of the above-named Company will be held at the registered office of the Company at No. 81, Wing Lok Street, Victoria, Hong Kong, on the 13th day of April, 1935, at 2.30 o'clock in the afternoon for the purpose of having an account laid before them, showing the manner in which the windug-up has been conducted and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts, and documents of the Company, and of the Liquidator thereof shall be disposed of.

Dated the 8th day of March, 1935.

THE

LING MAN-I, Liquidator.

TRADE MARKS ORDINANCE (No. 40 of 1909) Price $1.00 per copy obtainable at Noronha and Company Government Printers

(FILE No. 61 of 1935) TRADE MARKS ORDINANCE, 1909.

Ν NOT

Application for Registration of

a Trade Mark.

OTICE is hereby given that T. T. Robinson & Co. (Export) Ltd., a Company, duly incorporated under the laws of England, and doing business at Unilever House, Blackfriars, London E.C.4 England, Manufacturers, have on the 8th day of February, 1935, applied for registration in Hong Kong, in the Register of Trade marks, of the following Trade Mark:-

(FILE No. 522 or 1934)

THE TRADE MARKS ORDINANCE, 1909.

Application for the Registration of a Trade Mark.

NOTICE is hereby given that Lever Brothers (China) Limited, of

Chartered Bank Building, 18, The Bund, Shanghai, have on the 21st day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

T#4 Bar LYVENV

031IWIT ANYⱭWOƆ OVOS VNIHƆ GAL

18

LIVNIHD) SUBHLOUD BEANI

POBINSONS

ONDO

in the name of T. T. Robinson & Co. (Export) Ltd, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap-

plicants since December, 1923, in respect of

the following goods : ~

Canvas Shoes, in Class 38.

Dated the 8th day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hung hong.

(FILE NO. 58 OF 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that W. A. Hannibal and Company, of IA, Chater Road, Hong Kong. Export Merchants, have, on the 22nd day of February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEST W.A.H. THICK SOYS

TRADE

IN

HONG

in the name of W. A. Hannibal and Company, who claim to be the proprietors thereof.

   The Trade Mark is intended to be used by the Applicants in Class 42, in respect of Soy.

Registration of this Trade Mark shall give no right to the exclus ve use of all the words and of the letters "W.A.H." appearing on the mark except the letters "W.A.H." as shown on the monogram.

Dated the 8th day of March, 1935.

W. A. HANNIBAL & CO.

Applicants.

No. 1A, Chater Road, Hong Kong,

華利

心燒雞腳 -

2001

IEVER'S

Toilet Soap

2401 "

華利

華利

in the name of Lever Brothers (China) Limited, who claim to be the proprie- tors thereof.

The said Trade Marks has been used by the Applicants since the middle of 1934 and is intended to be used forthwith in respect of the following:-

Common soap, detergents, and other preparations for laundry

purposes in Class 47.

Perfumery (including toilet articles), preparations for the

teeth and hair, and perfumed soap in Class 48

The Trade Mark in Class 47 and the Trade Mark in Class 48 are to be associated with each other and both marks are to be associated with Trade Marks Nos. 35 of 1905, 63 of 1906, 73 and 77 of 1930, 74 and 78 of 1930 and 306 and 307 of 1933.

Registration of the Trade Mark is limited to the colours as shown on the fascimile of the label deposited with the Registrar of Trade Marks.

Dated the 8th day of March, 1935.

LEVER BROTHERS (CHINA) LIMITED, Applicants.

762

(FILE No. 6 or 1935)

TRADE MARKS ORDINANCE, 1909

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Gee Cheun & Co., (HAJ)

     of No. 36, Connaught Road West, Victoria, in the Colony of Hong Kong, have, on the 7th day of January, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

GROWERS NARCISSUS

GEE CHEUN

(FILE No. 275 of 1934).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is givhi,

TOTICE is hereby given that The Bridgestone Tyre Company Limited, of No. 105, Kyomachi, City of Kurume, Japan, on the 12th day of June, 1934, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz :-

BS Stone Bridge

in the name of the said Bridgestone Tyre Company Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of All kinds of tyres and tubes for wheels of automobiles, bicycles, auto- bicycles or any other wheels in Class 40.

This mark is to be associated with Trade Mark No. 49 of 1932, and the Applicants disclaim the right to the exclusive use of the letters "B.S.

Dated the 11th day of January, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building, 2nd Floor, Hong Kong.

in the name of The Gee Cheun & Co., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 46 in respect of Narcissus Bulbs.

     Registration of this Trade Mark shall give no right to the exclusive use of the representa- tions of Narcissus Bulbs and flowers and the pot and the words "Gee Cheuu."

      Facsimiles of the said Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also of the under- signed.

Dated the 8th day of February, 1935.

LEO D'ALMADA & CO., Solicitors for the Applicants,

1st floor, David House,

Hong Kong.

Trade and Shipping Returns for the month of January, 1935.

COM

OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers.

18, Ice House Street.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance), Half year,

(do.), Three months, (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

for 1st

$1.00 $0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

PRINTED ANd Published BY NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

:

764

LEGISLATIVE COUNCIL.

No. S. 74.-The following Bill was read a first time at a meeting of the Council held on the 14th March, 1935:-

[No. 5-22.2.35.-1.]

A BILL

Short title.

Substitution

for section 3 (1) of

Ordinance No. 9 of

1925 as amended by section 3

No. 9 of 1930.

INTITULED

An Ordinance to amend further the Telephone Ordinance,

1925.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Telephone Amend- ment Ordinance, 1935.

2. Sub-section (1) of section 3 of the Telephone Ordin- ance, 1925, as amended by section 3 of the Telephone Amendment Ordinance, 1930, is repealed and the following sub-section is substituted :-

3.-(1) Subject to the provisions hereinafter contained of Ordinance the Government grants to the Company the sole right to supply and operate public telephonic communication within the Colony, including trunk line telephonic communication therein for communicating with places outside the Colony, for the period of 50 years commencing on and from the 1st day of July, 1925. Such trunk line telephonic com- munication shall include a right to establish and maintain inter-communication with any commercial Radio Telephony Station outside the Colony but this right shall be limited to the period during which inter-communication of the same or like kind or nature is not provided through or by some under- taking or service carried on or authorised by the Government of the Colony or by His Majesty's Government in the United Kingdom

Saving of rights of

the Crown

and

certain

other

rights.

4. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, His Heirs or Successors, or of any bodies politic or corporate, or other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.

Objects and Reasons.

1. Section 2 of this Ordinance repeals sub-section (1) of section 3 of the principal Ordinance, No. 9 of 1925, as amended by section 3 of Ordinance No. 9 of 1930, and re- enacts it with the addition of the words "Such trunk line telephonic communication shall include a right to establish

765

and maintain inter-communication with any commercial Radio Telephony Station outside the Colony but this right shall be limited to the period during which inter-communication of the same or like kind or nature is not provided through or by some undertaking or service carried on or authorised by the Government of the Colony or by His Majesty's Government in the United Kingdom".

2. These additional words give effect to an understanding arrived at between the Government and the Company last year which it is considered desirable to embody in the Telephone Ordinance.

3. Section 3 is the usual section saving rights required. by Article XXVII of the Royal Instructions in every Bill intended to affect or benefit some particular person, associa- tion or corporate body.

February, 1935.

C. G. ALABASTER,

Attorney General.

766-

No. S. 75.-The following Bill, as amended by the Standing Law Committee of the Legislative Council, is published for informa- tion under Standing Order 27 (14):-

[No. 30-9.3.35.-13.]

Short title.

Interpreta- tion.

A BILL

INTITULED

An Ordinance to consolidate and amend the law relating to Quarantine and the Prevention of Disease among animals and birds.

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

1. This Ordinance may be cited as the Public Healtlı (Animals and Birds) Ordinance, 1935.

2.-(1) In this Ordinance unless the context otherwise requires :-

(a) 'Animals' means cattle, sheep, goats and all other ruminating animals, and swine and equines.

(b) 'Authorised landing place' means any place declared by this Ordinance or any by-law made thereunder to be an authorised landing place and any other place declared by the Council and notified in the Gazette to be a landing place.

(c) 'Birds' means poultry and all other birds which are ordinarily kept in a state of captivity.

(d) 'Carcase' means the carcase of an animal or bird, and includes part of a carcase and the meat, bones, hide, skin, hoofs, horns, offal or other part of an animal or bird, separately or otherwise, or any portion thereof.

(e) 'Cattle' includes bulls, cows, oxen, heifers, calves and buffaloes.

(1) 'Colonial Veterinary Surgeon' includes any Veterinary Surgeon authorised by the Governor to perform the duties of a Colonial Veterinary Surgeon under this Ordinance and also any Assistant Colonial Veterinary Surgeon.

(a) 'Council' means the Urban Council unless some other Council is indicated.

(h) 'Disease' includes cattle plague or rinderpest, septicaemia haemorrhagica, pleuro-pneumonia contagiosa of cattle, foot and mouth disease, sheep-pox, sheep scab, swine fever, anthrax, glanders (including farcy), parasitic mange, epizootic lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange, influenza, ringworm, strangles, anaplasmosis, fowl cholera, fowl-pox, rabies and any other disease declared by the Council and notified in the Gazette as included in the term disease for the purposes of this Ordinance or any by-law made thereunder.

(i) 'Equines' includes horses, asses, mules and all other equine animals.

() 'Fodder' means grass or other substance commonly used for the food of animals.

!

767

(k) 'Litter' means straw or other substance commonly used for bedding or otherwise for or about animals.

(1) Poultry' includes domestic fowls, turkeys, ducks, pigeons and geese.

(m) Segregation place' means any place appointed by the Council to be a place where animals or birds may be confined and isolated in order to prevent or mitigate disease or the spread of disease, and includes the Government depots.

(n) 'Special permit' means a written permission granted by and in the discretion of the Colonial Veterinary Surgeon.

(2) Other words and expressions used in this Ordinance shall bear the same meanings as they have in the Public Health (Quarantine and Prevention of Disease) Ordinance. 1934.

3. For the purpose of mitigating or preventing as far as may be possible epidemic, endemic, infectious or contagious disease among animals and birds the Council shall have power to make by-laws with regard to the following matters :-

(1) (a) The inspection, testing for disease, inoculation, detention, segregation, housing, slaughtering, transhipment, exportation, possession and control of animals and birds;

(b) the disposal of the dead bodies of animals and birds; (c) the construction, regulation, licensing, disinfection and inspection of all places, vessels and vehicles in which animals or birds are or have been kept or carried;

(d) the fees to be paid for licences, housing, inspection, testing, inoculation and disinfection;

(e) the forfeiture without compensation of animals, birds and things dealt with in contravention of any provision of this Ordinance or of any by-law made thereunder, and

(f) the duties and obligations of persons having animals or birds in their possession or under their charge.

(2) The prohibition or regulation of the import or export of cattle into or out of the Colony or any part thereof.

(3) The isolation of cases of disease in animals and birds and the regulation thereof.

(4) The appointment, establishment and maintenance of places for the observation or examination of cattle either on arrival or prior to export.

(5) The control and supervision by registration, licensing or otherwise of depots, stables, pens, cattle-sheds and places for keeping animals and birds.

(6) Provision for the regular inspection of all places where animals and birds are kept.

(7) The slaughtering or isolating or keeping under observation of any animal or bird that may appear to be or may be reasonably suspected of being or of having been in contact or in the same herd or flock with animals or birds affected with disease, and the disposal of the carcase thereof.

(8) Declaring any place or area to be infected with dis- ease, and prohibiting or regulating the movements of animals, birds or persons into, within or out of any such infected place or area, and the removal of carcases, fodder, litter, utensils, hurdles, pens, dung or other things into, within or out of such infected place or area.

Power to

make

laws.

By-laws subject to approval of Legislative Council.

Schedule.

Restrictions on import of animals and birds.

Movements

of animals

and birds

to infected

areas.

768

(9) Prescribing the mode of cleansing and disinfecting of any place which has been occupied by any animal or bird suffering from epidemic, endemic, contagious or infectious disease.

4. (1) All by-laws made by the Urban Council shall be submitted to the Governor and shall be subject to the approval of the Legislative Council.

(2) The by-laws in the Schedule shall be in force except as they may be rescinded, suspended, amended or added to by by-laws made by the Council under section 3.

5.-(1) No person shall knowingly bring into the Colony any animal or bird suffering from disease.

any disease

(2) When information is received that exists amongst any animals or birds at any place without the Colony, the Governor may issue an order prohibiting, either absolutely or conditionally, the importation either by land or by sea or the transhipment in the Colony of any animals or birds from any such place.

(3) Every order issued under this section shall be published in the Gazette at the earliest opportunity but shail come into operation immediately upon the making of the order.

6. Whenever it appears to the Governor, after such enquiry as he may consider necessary, that any disease exists. with regard among animals or birds in the Colony or in any part of the Colony, he may issue an order to regulate the movements of any animals and birds within such areas as he may define in such order, and to prohibit any animal or bird being taken into or removed from such area. Every such area shall be deemed an infected place.

Compensation

for animals or birds

Compensation for animals slaughtered by order of the Urban Council.

7.-(1) Subject to the provisions of sub-sections (2), (3) and (4), the Governor in Council shall direct the following slaughtered compensation to be paid out of the public revenue for any animal or bird slaughtered by order of the Urban Council under the provisions of this Ordinance or of any by-law thereunder :-

by order of the Urban Council.

(a) where the animal slaughtered was affected with rinderpest or swine fever, the compensation shall be one- half of its full value immediately before it became so affected; (b) where the animal slaughtered was affected with pleuro-pneumonia, the compensation shall be three-fourths of its full value immediately before it became so affected;

(c) where the animal slaughtered was affected with foot and mouth disease, the compensation shall be its full value immediately before it became so affected;

(d) where the animal slaughtered was affected with any other kind of infectious disease among animals, the compensa- tion shall be such proportion of its full value immediately before it became so affected as the Governor in Council may decide after taking the advice of the Urban Council;

769

(e) where the animal slaughtered was not affected with any kind of infectious disease among animals, the compensa- tion shall be its full value immediately before it was slaughtered.

(2) The value of an animal for the purposes of this section shall be determined by the Governor in Council.

(3) The maximum compensation shall be forty dollars in the case of a pig, and four hundred dollars in the case of any other animal.

(4) In the case of the slaughter of a bird, the maximum compensation payable shall be ten dollars.

(5) Notwithstanding anything in this Ordinance, the Governor in Council may, if he thinks fit, withhold, either wholly or partially, compensation for any animal or bird slaughtered by order of the Urban Council where, in the opinion of the Governor in Council, the owner of the animal or bird or the person having charge thereof has been guilty in relation to the animal or bird of an offence against this Ordinance or any by-law made thereunder or against any other Ordinance regulating the importation of animals or birds into the Colony or the control of animals or birds within the Colony.

(6) Unless otherwise ordered by the Governor in Council, no compensation shall be paid for any animal or bird which in the opinion of the Urban Council shows symptoms of disease before it has been in the Colony for the period of incubation of the disease in question.

(7) It shall be lawful for the Governor in Council to define by order, for the purposes of subsection (6), the periods of incubation of any diseases.

observation

8. The Council may, notwithstanding anything in this Retention for Ordinance, retain and reserve for observation or treatment any by order animal or bird liable to be slaughtered under this Ordinance, of the but in every such case compensation shall be payable as in the case of actual slaughter.

Council.

animals for

9. The Colonial Veterinary Surgeon, or any person Seizure of acting under his direction, may seize any animal, bird or contravention thing dealt with in contravention of this Ordinance or of any of by-laws. by-law thereunder, and the Council may order the forfeiture of such animal, bird or thing, and the same shall thereupon be destroyed, sold or otherwise disposed of as the Council may direct.

pensation in

10. No compensation shall be paid in respect of any No com- animal, bird or thing forfeited under this Ordinance or any pensa by-law thereunder, and such forfeiture shall not prejudice forfeiture. or avoid any prosecution for breach of this Ordinance or any by-law.

Penalties.

11.-(1) Every person who contravenes any of the Penalties. provisions of this Ordinance or of any by-law made thereunder shall be liable on summary conviction to a fine not exceeding one hundred dollars, as well as to suffer any forfeiture that may be prescribed therein.

Limitation of liability of member of

Council, etc.

Commence- ment.

770

(2) Any licence or permit issued under any by-law made under this Ordinance shall be liable to cancellation by the Council for breach of any by-law to which the holder of such licence is subject, or for breach of any condition of such licence or permit.

Limitation of Liability.

12. No matter or thing done by the Council or by any member or officer of the Council or by any person whatsoever acting under the direction of the Council shall, if it was done. bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever : Provided that nothing herein con- tained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

Commencement.

13. This Ordinance shall not come into operation until such date as the Governor shall notify by proclamation as the date of the commencement of this Ordinance.

SCHEDULE.

[s. 4 (2)].

BY-LAWS.

Landing of animals in transit prohibited except under permit.

Dung and litter to be properly dealt with.

No landing of carcases except under special permit.

Landing of animals prohibited

between

6 p.m. and

6 a.m.

The Prevention of the Introduction of Infectious Disease.

1. Except under the authority of a permit granted by the Colonial Veterinary Surgeon, and except in accordance with the terms of such permit, no animal which is brought into the waters of the Colony on board any vessel, and which is not destined for the Colony, shall be removed from such vessel in the waters of the Colony.

2. While any vessel which has on board any animals or birds not destined for the Colony remains in the waters of the Colony, all dung of the animals, and all scrapings, litter and sweepings removed from the vicinity of the animals or birds, shall at intervals not exceeding twenty-four hours be dealt with and disposed of as the Colonial Veterinary Surgeon may direct.

3. Carcases of animals or birds which have died or been slaughtered on board a vessel while in the waters of the Colony or during a voyage shall not be landed in the Colony without a special permit.

Special Permits.

4. Except in accordance with a special permit, no animal shall be landed from any vessel between 6 p.m. and 6 a.m.

Animals

to be

landed at authorised

landing

places.

5. Except in accordance with a special permit, no animal shall be landed from any vessel at any place other than an authorised landing place.

{

771

6. The following shall be authorised landing places:-

(a) Kennedy Town Cattle Wharf.

(b) Ma Tau Kok Government Wharf.

Authorised

anding places.

(c) Such other landing places as are designated by the Governor

in Council.

7. The permittee named in a special permit shall ensure that Permittee the terms of the special permit are strictly complied with.

responsible.

Destruction.

8. If any animal or bird brought into the Colony by sea or by Colonial land is found to be suffering from disease the Colonial Veterinary Veterinary

Surgeon Surgeon may, if necessary, cause the same to be destroyed at once and its carcase disposed of in such a manner as may be best destruction calculated to prevent the spread of infection.

may cause

of diseased animal or bird.

Segregation.

9. Subject to the terms of any special permit, every animal Animals landed shall forthwith be taken or driven to the Government Depot be housed at

imported to at Kennedy Town or Ma Tau Kok as the case may be, and every Government animal which is brought into the Colony by land shall forwith be depot. taken or driven to the Government Depot at Yaumati

Yaumati Railway Station by the most direct route. Every such animal, unless intended for immediate slaughter and slaughtered accordingly, shall be detained in segregation in such depot, at the risk and expense of the owner, for such period as may be decided by the Colonial Veterinary Surgeon.

10. Animals landed, or brought into the Colony by land, under Animals special permit shall be:-

(a) landed only at the time and place stated in the permit, and

the permit by the route stated in the permit, and

(b) taken or driven forthwith to the segregation place stated in

(c) maintained at such segregation place at the risk and expense of the owner for the period stated in the permit.

landed under special permit.

11. The dung of animals landed or intended to be landed, and Provision partly consumed or broken fodder that has been supplied to such regarding animals, and the litter, fittings, pens, hurdles, utensils and things litter.

dung and of any kind whatever used for or about such animals, shall not be landed in the Colony or cast into the waters of the Colony except under and in accordance with a special permit.

Detention of animal or bird by

12. Any animal or bird which has been conveyed in the same, vessel or train, or has otherwise been in contact with any diseased animal or bird, or which, in the opinion of the Colonial Veterinary Colonial Surgeon, may be likely to spread infection, may be detained by the Veterinary Colonial Veterinary Surgeon in quarantine for such period as he Surgeon. may, in the circumstances of the case, think proper.

13. (1) All equines shall be malleined under the supervision of Equines the Colonial Veterinary Surgeon within ten days of arrival in the to be Colony and shall be re-tested not less than thirty or more than forty malleined five days after such malleining, unless a mallein certificate is produced to the Colonial Veterinary Surgeon and he is satisfied therewith, in which case a re-test shall be carried out not less than thirty or more than forty five days after the date of the original test as stated in such certificate: Provided that, in the case of equines which are declared on arrival to be intended for export within one month, the Colonial Veterinary Surgeon may, in his discretion and subject to such conditions as he may think desirable,. dispense with malleining for that period.

(2) The Council may order the re-export of any equine in respect of which the provisions of sub-section (1) have not been complied with.

Information

necessary

before

release

from

quarantine.

Appendix.

Power of

772

14. The following may be required before the Colonial Veterinary Surgeon shall release animals from segregation:--

(a) A certificate to the satisfaction of the Colonial Veterinary Surgeon, signed by a duly qualified veterinary surgeon recognised by the local authority of the country of origin of the animals, in such of the forms set out in the Appendix as may be appropriate, or giving the like particulars.

(b) A certificate to the satisfaction of the Colonial Veterinary Surgeon, signed by the master of the vessel or person in charge of the animals, stating that no case of disease has occurred during the voyage, and giving the following information:-

(1) Nature of the animals embarked.

(2) Port of embarkation.

(3) Number and causes of deaths.

(4) Nature and number of the animals to be landed.

Provided that, when in the opinion of the Colonial Veterinary Surgeon any such certificate could not have been, or could not be, obtained with reasonable ease, he may dispense with such certificate.

      15. In the event of disease appearing among animals or birds Council with in segregation, the Council shall have power to order immediate regard to

slaughter of the animals or birds or any of them, or to prolong

animals in segregation.

Colonial

Veterinary Surgeon to report.

Power of owner to

cause animal

to be

slaughtered.

Transfer permitted

the period of segregation.

16. The Colonial Veterinary Surgeon in every instance shall report promptly to the Secretary of the Council, from time to time, all ascertainable material particulars concerning animals or birds. placed in segregation and the orders given by him with regard thereto.

17. Notwithstanding any other provision of this Ordinance, owners of animals in segregation may at any time cause their animals to be slaughtered in a lawful manner.

18. For the purpose of slaughter the officer in charge of a Government depot may permit transfer of animals from one Govern- for slaughter. ment depot to another.

Owners to pay charges.

Restrictions against

removal of

animals,

birds or

things from segregation place.

Disposal of infected

carcases.

19. Owners of animals or birds in segregation shall on demand pay such daily charge for the keep of such animals or birds, until the same shall be either released from segregation or destroyed, as the Colonial Veterinary Surgeon may direct, and in the absence of any such direction the charge per head shall be ten cents for each day or part of a day.

20. Except as provided in by-law 21 no animals, birds, carcases, dung, litter, fodder, utensils or things of any kind whatever shall be removed from a segregation place without a special permit.

21. The carcases of animals or birds dying or slaughtered on account of disease, and all dung, litter, broken fodder and things of any kind whatever, which in the opinion of the Colonial Veterinary Surgeon may spread disease, shall be disposed of as he may direct.

Duty of person in

charge to know the

state of

health of

animal or

Disease among Animals and Birds in the Colony.

22. Every person having any animal or bird in his possession or under his charge shall observe and make himself acquainted with the state of health of such animal or bird.

bird.

773

23. Every person having in his possession or under his charge Duty of any animal or bird affected with or suspected of being affected with person in disease shall:-

(a) as far as practicable keep that animal or bird separate from animals or birds not so affected, and

(b) with all practicable speed notify the fact of the animal or bird being so affected or suspected to a European police officer of the police area wherein such animal or bird is, or to a sanitary inspector.

charge of animal or bird to

notify existence of disease.

24. On receipt of a notification from an owner or person in On receipt of charge of an animal or bird, or on having reasonable grounds to notification suspect the existence of disease in any place, a European police of disease European officer or sanitary inspector shall proceed with all practicable speed Officer to to such place in order to ascertain all available particulars as to the make animal or bird, and the owner or person in charge of the animal enquiries. or bird or place shall give to such European police officer or sanitary inspector all reasonable information and facilities for inspection.

area.

25. It shall be lawful for a European police officer or sanitary Interim inspector who has proceeded to any place in accordance with by-law declaration 24, notwithstanding inability to obtain particulars, to serve an interim of infected notice in writing, signed by him, declaring such place to be an infected place pending investigation by the Colonial Veterinary Surgeon, and also to leave a police officer or sanitary inspector in the place pending the arrival of the Colonial Veterinary Surgeon.

26. An interim notice shall set out the requirements of by-laws Interim 31, 32 and 33 and shall, so far as may reasonably be necessary, define notice shall

                                         define re- the premises affected thereby. Such notice, until withdrawn, shall

                                   quirements. have force and effect as if given or confirmed by the Council.

27. Service of an interim notice shall be effected by delivery Service of thereof to the owner or occupier of the place or to a person in charge interim of the animal or bird, or by posting the same on some part of the place.

notice.

28. A European police officer or sanitary inspector serving an Particulars interim notice shall report, with all practicable speed, to the with respect Secretary of the Council and also, in writing, to the Colonial Veterinary Surgeon the particulars obtained and steps taken by him.

to interim notice to be reported.

29. The Colonial Veterinary Surgeon shall visit promptly the Colonial place to which any interim notice relates, and if, in his opinion, Veterinary disease exists or within fifty-six days has existed at such place, he Surgeon to visit place shall with all practicable speed report all ascertainable particulars declared to the Secretary of the Council, but, if satisfied that disease does infected by not so exist or has not so existed, he shall withdraw the interim interim notice.

where animals or birds and thereupon notice in Council shall be served A place declared to be Council shall declare

30. The Council may declare any place are or have been to be an infected place, that behalf signed by the Secretary of the in the manner prescribed in by-law 27. an infected place shall so continue until the the same to be free from infection.

notice.

Council may declare place infected.

31. No animal or bird, and no carcase, fodder, litter, dung, Removal of utensil, milk or other thing, shall be moved out of an infected place animals, without a special permit.

etc., from infected place prohibited.

32. No person, except the Colonial Veterinary Surgeon and Admission persons acting under his direction, police officers and sanitary to infected inspectors on duty and the attendants of the animals or birds shall place enter an infected place without a special permit. No attendant prohibited.

shall leave an infected place without a special permit.

33. The owner or occupier and the person in charge of an Owner or infected place shall give all reasonable facilities for inspection and occupier to for the cleansing and disinfection of the place and of any pens, facilities for

grant hurdles, utensils or other things used for or about the animals or

                              inspection birds in such place, and shall ensure that the requirements of or and consequent on any notice, affecting such place and given under this disinfection. Ordinance or by-laws made thereunder, are observed.

Removal of

animals or birds by

order of the Council.

Power of Council to cause slaughter of

cases or contacts.

Burial or exhumation of carcases prohibited except under supervision.

774

34. The Council may order the removal of any animal or bird from an infected place to any segregation place appointed by the Council.

35. If in the opinion of the Colonial Veterinary Surgeon any animal or bird is suffering from or has been in contact with an animal or bird suffering from infectious or contagious disease, the Council may cause such animal or bird to be slaughtered and the carcase thereof to be disposed of in such manner as the Council may think fit.

36. No carcase of an animal or bird shall be buried, or, after burial, be dug up, except under the supervision of the Colonial Veterinary Surgeon or of a sanitary inspector acting under his instructions.

Interpreta- tion.

Animals for slaughter to

be housed in Government depots.

Fees for use of depot.

Removal of

animals

without permit

prohibited.

Owners of animals to provide food.

Government

Depots for Cattle, Swine, Sheep and Goats.

General.

37. In the following sections:---

(a) "Depot" means one of the depots specified in by-law 9 or any other depot for animals provided by the Government.

(b) "Officer in charge" means the person appointed by the Council to superintend and have the charge of any or all of such depots or of part of any such depot.

38. All cattle, swine, sheep and goats brought into the Colony for the purpose of being slaughtered shall be kept in a depot: Provided that no such animal shall be permitted to remain in any depot for a longer period than twenty-one days: Provided also that any such animal which is condemned by the Colonial Veterinary Surgeon as unfit to be slaughtered for human food may, with the consent of the Colonial Veterinary Surgeon, be removed by the

owner.

39. The fee for each head of cattle housed in a depot shall be fifty cents payable when the cattle so housed are removed to any place other than an adjoining slaughter-house or another depot and the fee payable for each pig, sheep and goat similarly housed and removed shall be ten cents. No fee is payable on admission.

40. No cattle, swine, sheep and goats shall be removed from a depot for any purpose except on a removal order signed by the officer in charge. Such order shall be granted on the production and deposit of the receipt given on the admission of the animals and in favour of the person therein named or of any other person on his order.

41. The Council shall provide water only for the use of the cattle, swine, sheep, and goats housed in the depots. The owners of such animals shall provide proper and sufficient food and shall send men in sufficient numbers to look after, feed and water such animals, but no other unauthorised person may be or remain on the premises during such hours as the depots are closed to the public.

       42. Neither the Government nor the Council shall be responsible and Council for the safe custody of any cattle, swine, sheep or goats housed in not to accept a depot. responsibility.

Drenching

of animals prohibited.

Admission to depot

prohibited to unauthorised

persons.

Bad

43. The drenching of any animal with any substance whatever, or the administration of salt in any form, in a depot, except with the permission of the Colonial Veterinary Surgeon or of the officer in charge, is prohibited.

Maintenance of Order in Depots.

44. No person, not being an officer or servant of the Council, shall enter or remain in any depot except for the purpose of securing or of supplying food or water to any animal therein.

       45. No person shall in any depot use any indecent or obscene language and language, or enter or remain therein in a state of intoxication. drunkenness

forbidden.

775

46. No person shall bring into a depot any malt or spirituous Liquor liquor or any drug of any nature whatsoever.

prohibited.

to be in

47. Every person who may desire to use a depot for the purpose Application of accommodating any animal shall make application in writing to to use depot the officer in charge, and permission to use the depots shall be given writing. to the several persons so applying in the order in which such applications are received.

48. Every person using any depot shall obey all reasonable Orders to be orders given to him by the officer in charge, and shall conduct himself obeyed. in a quiet and orderly manner therein.

49. No person shall obstruct or hinder any other person in the Obstruction proper use of a depot.

prohibited.

50. No person shall, by any disorderly or improper conduct, Disorderly disturb or interrupt any other person in the proper use of a depot. conduct

forbidden.

Colonial

51. The depots shall, for the purpose of the admission of animals, Hours be open at such hours as may be fixed by the Colonial Veterinary to be fixed by Surgeon with the approval of the Council, and, except as provided Veterinary by by-laws 41 and 44, no person shall attempt to gain access to, or Surgeon. shall remain in, a depot at any other hour.

52. Whenever in the opinion of the Chairman of the Council it Notice of is expedient for its maintenance or perservation to close any part of closing to be

                               given. any depot, he shall cause a notice in that behalf to be posted in some conspicuous part of such depot specifying the part that is closed, and no unauthorised person shall thereafter use or enter such part until a further notice has been published and posted as aforesaid notifying the reopening of such part.

53. Every person desiring to bring an animal into a depot shall Animals apply to the officer in charge to inspect and pass such animal, and to be no person shall bring or cause to be brought or attempt to bring into inspected

prior to a depot any animal which has not been duly inspected and passed admission. by the officer in charge.

secured.

54. Every person who brings or causes to be brought into a depot Beasts to be any beast shall cause such beast to be securely tied to the tying irons properly in a byre assigned for the purpose; and every person who brings or causes to be brought into a depot any sheep, lamb or goat shall cause such sheep, lamb or goat to be properly penned in a lair assigned for the purpose; and every person who brings or causes to be brought into a depot any pig shall cause such pig to be properly secured in a piggery assigned for the purpose.

55. If any difference or dispute shall arise between any persons Procedure in using a depot regarding any question of priority or right to use any case of part of the depot, such difference or dispute shall be referred to the dispute. officer in charge, and the decision of the officer in charge shall be final and shall be obeyed by such persons.

56. No person resorting to a depot, who is in charge of any cart Obstruction or other vehicle, shall station such cart or other vehicle in the depot by carts or

vehicles or in any private road giving access thereto in such a manner as to

                               prohibited. hinder any animals or any other cart or vehicle in arriving at or departing from the depot, or wilfully or improperly station such cart or vehicle so as to occupy a position in which the person in charge of any other cart or vehicle would, by priority of arrival, have prior claim to place such last-mentioned cart or vehicle.

776

APPENDIX.

FORMS.

Importation of animals, Hong Kong.

[by-law 14.]

A. Form of veterinary certificate to accompany cattle brought to Hong Kong from abroad.

I, the undersigned, (here insert official capacity, if any) hereby certify that I have this day examined the animal(s) described below and have found that the said animal(s) did not show symptoms of rinderpest, septicaemia haemorrhagica. pleuro-pneumonia contagiosa, foot and mouth disease, or other infectious or contagious disease.

DESCRIPTION OF ANIMAL(S).

Breed.

Colour.

Age.

Sex.

Signature of veterinary surgeon

Professional qualification

Dated this

day of

19......

B. Form of veterinary certificate required to accompany equines brought to Hong Kong from abroad.

I, the undersigned, (here insert official capacity, if any)

hereby certify :-

(1) that I have this day examined the animal(s) described below and have found that the animal(s) did not show symptoms of glanders (including farcy), epizootic lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange, influenza, ringworm or strangles, and

(2) that I tested (each of) the animal(s) described below with mallein on the date(s) mentioned, that is, within ten days before the date of intended shipment of the animal(s) to Hong Kong, and that the animal(s) did not react.

Description of animals.

Date

Result of test.

of mallein test.

Breed. Age.

Sex.

Signature of veterinary surgeon

Professional qualification

Dated this

day of

19... ..

777

Objects and Reasons.

This is a new Ordinance drafted in the main by the Director of Medical and Sanitary Services to provide an up to date code for the control and prevention of disease among animals and birds, for which local legislation has hitherto made no adequate provision. It is one of the series of bills that have been drafted to deal with public health.

C. G. ALABASTER,

Attorney General.

March, 1935.

In this table

TABLE OF CORRESPONDENCE.

A refers to Public Health and Buildings Ordinance, 1903.

Sections are indicated by plain numbers.

By-laws are indicated by numbers and letter b-as 3b.

Short title

Definitions

Remarks.

Public Health (Animals and Birds) Ordin-

Corresponding Enactment.

ance,

1935.

1

2

A 1b (Import &

landing of animals).

Power to make by-laws

3

A 16.

By-laws subject to approval of

Governor and Legislative Council.

4 (1)

A. 17.

4 (2)

new.

Restrictions on import of animals

and birds

5 (1)

A 10b (Import & landing of animals).

5 (2) & (3)

new.

6

new.

7

A. 54

A. 55

P.H.B.O. by-laws, Import, etc.,

of animals

9

A. 8b

19

"

"

10

A. 9b

Penalties

11

new

Limitation of liability of member of

Council, etc.

Commencement

12

A. 269

13

new

778

Table of Correspondence,-Continued.

Public Health

Remarks.

(Animals and Corresponding

Birds) Ordin-

Enactment.

ance, 1935.

Schedule

P.H.B.O. by-laws, Import, etc., of

animals

1

A. 21b

2

A. 22b

3

A. 23b

""

"

4

A. 2b

5

A. 3b

""

""

""

6

A. 4b

""

:

""

7

A. 24b

""

"

""

S.S. rule

8

new

P.H.B.O. by-laws, Import, etc., of

animals

S.S. rule

9

A. 5b

10

""

A. 6b

11

""

""

A. 7b

""

12

new

P.H.B.O. by-laws, Import, etc., of

animals

13

A. 11b (amended).

14

A. 12b

"

15

A. 14b

16

A. 15b

"}

17

A. 16b

"

""

18

A. 17b

19

A. 18b

,,

20.

A. 19b

21

A. 20b

??

"

97

"

22

22

A. 25b

23

"

""

A. 26b

24

*

""

A. 27b

"

?

""

25

A. 28b

26

"

"

A. 29b

,

227

27

A. 30b

"

"

28

28

A. 31b

29

A. 32b

"

30-

"

A. 33b

31

A. 34b

779

Table of Correspondence,-Continued.

Remarks.

P.H.B.O. by-laws, Import, etc., of

Public Health

(Animals and

Birds) Ordin-

Corresponding Enactment.

ance, 1935.

animals

32

A. 35b

33

A. 36b

''

"

34

A. 37b

""

;;

35

A. 38b

""

36

A. 39b

11

P.H.B.O. by-laws for Depots for

animals

37

A.b

(interpretation)

38

A. 56

P.H.B.O. by-laws for Depots for

animals

39

A. 1b

40

A. 2b

""

""

""

""

41

A. 3b

42

A. 4b

""

""

"T

""

19

""

43

A. 5b

P.H.B.O.-Maintenance of order in

animal depots

44

A. 1b

""

""

45

A. 2b

"

""

""

">

46

A. 3b

""

"

"

47

A. 4b

"

"

››

48.

A. 5b

""

21

49

A. 6b

"

17

""

50

A. 7b

""

""

""

""

51

A. 8b

"J

52

A. 9b

""

53

A. 10b

""

9)

17

54

A. 11b

37

"T

"

55

A. 12b

27

"

"

56

A. 13b

P.H.B.O. by-laws, Import, etc.,

of animals

Appendix.

A.b

(Appendix).

780

No. S. 76.-The following Bill, as amended in Committee by the Legislative Council, is published for information under Standing Order 28 (1):-

C.S.O. 1 in 4301/29.

A BILL

[No. 17:-15.3.35-11.]

1

INTITULED

An Ordinance to amend the law relating to town cleansing, nuisances, domestic sanitation, the licensing of certain premises and trades and the disposal of the dead.

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

PART I.

Short title.

Saving as to tenancy contracts.

Interpreta. tion.

Animals.

Author of nuisance.

Balcony.

Basement.

Building.

PRELIMINARY.

1. This Ordinance may be cited as the Public Health (Sanitation) Ordinance, 1935.

2. Nothing herein contained shall vary or affect the rights or liabilities as between landlord and tenant under any con- tract between them.

3. In this Ordinance and in all by-laws made there- under:

'Animals' means cattle, sheep, goats and all other ruminating animals, and swine and equines.

'Author of a nuisance' means the person by whose act, default, permission or sufferance the nuisance arises or con- tinues.

'Balcony' means any stage, platform, oriel or other similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

'Basement' means any cellar, vault, under-ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding two feet above the floor level.

'Building' includes any part of every domestic building, house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding.

781

Authority.

'Building Authority' means the Director of Public Works Building or such other officer of the Public Works Department as may be appointed to be the Building Authority.

'Cattle' means bulls, cows, oxen, heifers, calves and Cattle. buffaloes.

'Cockloft' includes any floor other than a ground floor, Cockloft. and any platform or landing of a greater breadth than three feet, which has not a clear space of nine feet measured vertically above it.

'Colonial Veterinary Surgeon' includes any veterinary Colonial surgeon authorised by the Governor to perform the duties

Veterinary Surgeon. of the Colonial Veterinary Surgeon under this Ordinance and also any Assistant Colonial Veterinary Surgeon.

'Council' means the Urban Council unless some other Council. Council is indicated.

'Cubicle' means any portion of a room partitioned off for Cubicle. the purpose of being used as a sleeping place.

trade.

'Dangerous trade' means any manufacturing process or Dangerous handicraft in which lead, arsenic, mercury, phosphorus or any other poisonous substance whatsoever is used.

'Domestic building' means any building constructed, used Domestic or adapted to be used, wholly or partly, for human habitation, building. but does not include any building where caretakers only, not exceeding two in number, pass the night.

air.

'External air' means the air of any space which is vertic- External ally open to the sky and unobstructed and which (when measured from and at right angles to the external surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony) has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

'Factory' means any premises or place wherein or within Factory. the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

'Floor' includes any horizontal platform forming the base Floor. of any storey, and every joist, board. timber, stone, brick or other substance connected with and forming part of such platform.

'Health Officer' includes the Director of Medical and Health Officer. Sanitary Services, any medical officer appointed as a Health Officer by the Governor, any Colonial Veterinary Surgeon and any officer for the time being performing the duties of a Health Officer.

'Hill District' means any part of the island of Hong Kong Hill above the 700 feet contour.

District.

'Householder' means the actual tenant or occupier of House- any building, or, in cases where there is no such person, then holder. the owner of such building, and, in the case of corporations, companies and associations, the secretary or manager thereof.

Latrine.

Latrine accommoda-

tion.

Pail latrine.

Mid-level District.

Occupier.

Offensive trade.

urinal.

782

'Latrine' includes privy, pail latrine, water closet and

'Latrine accommodation' includes a receptacle for human excreta together with the structure comprising such receptacle and the fittings and the apparatus connected therewith.

'Pail latrine' means latrine accommodation including a moveable receptacle for human excreta.

'Mid-level District' means that portion of the City of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulum Road at No. 1 Bridge and passing along Pokfulum Road, High Street, Bonham Road and Caine Road as far as Ladder Street, thence along Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the northern boundary of Inland Lots 100, 1086, 122 and 128, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern Boundary of War Department land, thence along the Western boundary of Inland Lots 47A. 47 and 1211 until this line produced meets Monmouth Path, thence in a straight line to the north-west corner of Inland Lot 2325, thence in a straight line to the north-west corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries are to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the southern boundary of the City of Victoria

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

'Occupier' means any person in actual occupation of any premises.

'Offensive trade' includes:-

(a) the trades of blood-boiling, tripe-boiling, soap-boiling, fat-boiling, tallow-melting, resin-boiling, bone-boiling, bone- crushing, bone-burning, bone-storing,

bone-storing, rag-picking, rag- storing, manure manufacture, blood-drying, fell-mongery, leather-dressing, tanning, glue-making, size-making, gut- scraping, storing, dressing and preparing sharks' fins, hair- cleaning, feather-storing, feather-cleaning and pig-roasting (except the roasting of pigs in any domestic building or restaurant for consumption in such domestic building or restaurant by the inmates or visitors thereof);

(b) any trade, business or manufacture which is declared by the Council by by-law to be an offensive trade;

(c) any trade, business or manufacture which is carried on in such a way as to be dangerous or injurious to the health of persons engaged in it, or in such a way as to be dangerous or injurious to the health of persons residing in the neighbour- hood; and

(d) any other noxious, offensive, noisome or unhealthy trade, business or manufacture whatsoever.

*

783

'Owner' includes any person holding premises direct from Owner. the Crown, whether under lease, licence or otherwise, and also any person for the time being receiving the rent of any premises, solely or as joint tenant or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

'Person' includes a body corporate, a partnership and Person. an association of persons unincorporated.

'Premises' includes any land, building or structure of Premises. any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or enclosed, cesspool or foreshore, and also any vessel lying within the waters of the Colony.

'Public building' includes any building, not in occupation Public of the Naval, Military or Air Force Departments, used for building. public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital or for any other public purpose whatsoever.

'Public latrine' means any latrine to which the public are Public admitted on payment or otherwise.

latrine.

'Refuse' includes dust, dirt, ashes, rubbish, sweepings Refuse. and every other kind of waste matter whatsoever.

'Room' includes any sub-division of any storey of any Room. domestic building other than :-

(a) a cubicle;

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes.

'Secretary' and 'Assistant Secretary' mean the Secretary Secretary. and Assistant Secretary of the Council respectively.

'Storey' means the space between the upper surface Storey. of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

Street.

Tenant.

Tenement.

Tenement

house.

Urban District.

Verandah.

Vessel.

Water closet.

Window.

Working class tenement house.

Works.

Workshop.

784

'Street' includes the whole or any part of any square, court, alley, highway, lane, road, road-bridge, foot path or passage whether a thoroughfare or not.

"Tenant' includes any person who holds direct from any householder the whole or any part of any floor or floors of any building.

"Tenement' means an apartment consisting of one or more rooms or cubicles let separately from the rest of the house.

"Tenement house' means any domestic building construct- ed, used or adapted to be used for human habitation by more than one tenant.

'Urban District' includes the City of Victoria, Kowloon, New Kowloon and any such area as the Governor in Council may define and notify in the Gazette.

'Verandah' means any stage, platform or portico pro- jecting from a main wall of any building and supported by piers or columns.

'Vessel' means any steam, motor or sailing ship, launch, motor boat, junk, lighter, sampan or boat.

'Water closet' means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

'Window' means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable also, when opened, of admitting air.

'Working class tenement house' means a house divided. into tenements for the accommodation of persons of the labouring, artisan or mechanical classes.

'Works' includes the partial or total constructing, recon- structing, pulling down, opening, cutting into, adding to and altering any building, wall, retaining wall, chimney-stack, flue, ground, road, well, drain or sewer, and any other building operation whatsoever.

'Workshop' means any premises or place other than a factory wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for the purpose of gain in or incidental to making any article or part of an article, or altering or repairing or ornamenting or finishing or adapting for sale any article, provided that at least twenty persons are employed in manual labour in the said premises or in the close, curtilage or precincts thereof.

785

POWER TO MAKE BY-LAWS.

4.-(1) The Council shall have power to make by-laws Matters with regard to the following matters:-

with regard to which the Council

(i) the periodical entry and inspection of all buildings has power and curtilages-

(a) for the purpose of ascertaining the sanitary condition, cleanliness and good order thereof or any part thereof, and of any storeys, cocklofts or partitions therein, or the condition of any drains, latrines, cubicles and kitchens therein or in connexion therewith;

(b) for the purpose of ascertaining whether the same are in an overcrowded condition;

(ii) the prevention and abatement of nuisances;

(iii) the promotion of domestic cleanliness;

(iv) the cleansing, limewashing and proper sanitary maintenance of all premises;

(v) the promotion of lighting and ventilation in public or private buildings;

(vi) the provision and maintenance of proper latrine ac- commodation in private and public buildings;

(vii) the limitation of accommodation in premises and the prevention of overcrowding;

(viii) fixing from time to time the number of persons who may occupy a domestic building or any part thereof, and marking on the exterior or interior of such buildings the number of persons permitted to occupy the same or any part thereof;

(ix) prescribing the conditions under which alone it shal} be lawful to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used for habitation or for occupation as a shop, any cellar, vault, underground room, basement or any room any side of which abuts on or against the earth or soil;

(x) the closing of premises unfit for human habitation. and the prohibition of their use as such;

to make by-laws.

(xi) the control of wells and pools and of all water used for domestic or trade purposes where such water is derived from any spring, well, pool, pond, water channel or other source which is not included in the term "Waterworks" as defined in section 2 (m) of the Waterworks Ordinance, Ordinance 1903;

(xii) the prevention of the propagation of mosquitoes;

(xiii) the provision and proper construction of dust-bins or dust-cans in public or private premises;

(xiv) the cleansing of domestic buildings and the removal therefrom of refuse and all objectionable matter at stated times;

(xv) scavenging and the removal and disposal of refuse;

No. 16 of 1903.

By-laws subject to approval of

Legislative

Council.

Schedule A.

786

(xvi) conservancy and the removal and disposal of excretal matter;

(xvii) the erection of public latrines and applications for permission to erect such latrines; and the sanitary mainten- ance of public latrines, urinals, dust-bins and manure depots;

(xviii) the sanitary maintenance of eating houses, restaurants, factories, workshops, breweries, distilleries, theatres and places of public instruction, recreation or assembly;

(xix) the control of dangerous, unhealthy and offensive trades, the prohibition of the continued maintenance of any such trade without a licence from the Council, the prohibition of the establishment of any such trade without a licence from the Council, and the revocation of licences to carry on such trades;

(xx) the regulation of public baths, laundries and wash- houses;

(xxi) the construction, licensing and proper sanitary maintenance of places and buildings in which animals are kept in private premises;

(xxii) providing for the regular inspection of all places where animals are kept;

(xxiii) the breaming of vessels and the maintenance of cleanliness in the harbours, on the foreshores and in the waters of the Colony;

(xxiv) the disposal of the dead, the regulation and sanitary maintenance of cemeteries, the fees to be charged in respect of graves, exhumations, interments, embalmings and storage of corpses, the keeping of such registers as may be necessary, and all other matters connected therewith; also the regulation and sanitary maintenance of mortuaries and the disinfection of dead bodies; and

(xxv) the prescribing of forms.

(2) The Council may in any such by-laws prescribe fines for any breach thereof not exceeding fifty dollars in each case. If no specific penalty is prescribed by the Council for the breach of any by-law, the maximum penalty for such breach shall be a fine not exceeding fifty dollars.

(3) No by-law made by the Council under this Ordinance shall be held to be invalid on the ground that it imposes obligations or confers powers which exceed the obligations imposed or the powers conferred by some section of this Ordinance dealing with the same subject-matter as the by-law in question.

5.--(1) All by-laws made by the Urban Council shall be submitted to the Governor, and shall be subject to the approval of the Legislative Council.

(2) The by-laws in Schedule A shall be in force except as they may be rescinded, suspended, amended or added to by by-laws made by the Council under section 4.

787

PART II.

ESTABLISHMENT.

ing of

6. The Inspectors and such other subordinate officers Appointment as may be appointed by the Governor under section 9 of the and group- Urban Council Ordinance, 1935, shall, for the purposes of officers. this Ordinance, be grouped under the Health Officers who will be under the general direction of the Director of Medical and Sanitary Services.

7. For the purposes of this Ordinance and of the by-laws Position of made thereunder the Director of Medical and Sanitary Services Medical and shall be the professional adviser to the Council and shall give Sanitary such directions to the Health Officers as may be necessary relation to for carrying out the lawful decisions of the Council.

Power of Entry.

Services in

Council.

search for

8. Any Health Officer or any officer duly authorised hy Power of him may, with or without assistants as he may deem desirable, entry to at all times between 6 a.m. and 6 p.m. enter and inspect any infectious house or premises for the purpose of ascertaining the sanitary disease. condition thereof, or of ascertaining whether any infectious or contagious disease exists therein :

Provided always that unless in the opinion of such officer any delay in entering and inspecting may, or is likely to, prove injurious or detrimental to public health, he shall in each case before entering and inspecting, if the occupiers offer any reasonable objection thereto, give them two hours notice in writing of his intention, by leaving such notice with them or at the house or premises which he intends to enter and inspect. In the case of Chinese occupiers such notice shall be in the Chinese character.

entry for

9. Any Health Officer may also enter and inspect any Additional house or premises at any hour of the day or night for the powers of purposes mentioned in section 8 without giving any such Health notice as aforesaid, provided the officer so entering has a Officers. special order in that behalf signed by the Chairman of the Council.

10. Any select committee of the Council, or any officer Special specially authorised by the Chairman of the Council, and sub- authority to

                               inspect ject to such directions as he may impose, may enter and for over- inspect at any time any domestic building for the purpose of crowding. ascertaining whether such building or any part thereof is in an overcrowded condition.

necessary

11. If it shall be requisite for the purpose of ascertaining Authority the sanitary condition of any domestic building or curtilage, for opening to open the ground surface of any part thereof, any ground Inspector in possession of authority in writing signed by the surface. Secretary or by a Health Officer, after giving not less than 48 hours' notice in writing signed by either of the aforesaid officers to the occupier or owner of such domestic building or

Secretary to furnish authority granting power of entry to

inspect for

over-

crowding.

Entry between midnight

and 6 a.m. prohibited except under

special permit.

Power of

magistrate

officer to enter and inspect premises.

788

curtilage of his intention to enter the same for the purpose of opening up the ground surface thereof, may so enter, with such assistants as may be necessary, and open the ground sur- face of any such premises in any place or places he may deem fit, doing as little damage as may be. Should the material which has been used for covering such ground surface, and the nature and thickness thereof, be found satisfactory and in accordance with law, such ground surface shall be reinstated and made good by the Council at the public expense.

12. The Secretary shall, upon the requisition of a Health Officer, authorise in writing, in English and Chinese, one or more of the Inspectors to enter any domestic building at any hour between 6 p.m. and midnight for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition.

13. No Inspector shall, between the hours of midnight. and 6 a.m., enter any domestic building for the purpose of ascertaining whether such building or any part thereof is in an overcrowded condition, without the written permission, in English and Chinese, of the Chairman of the Council.

14.-(1) If admission to premises for any of the pur- to authorise poses of this Ordinance is refused, any magistrate on complaint thereof on oath by any officer authorised by this Ordinance to enter and inspect premises (made after reasonable notice in writing of the intention to make the same has been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same during the hours pre- scribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact, by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

Means of

access to

buildings from

scavenging lanes.

(2) After a magistrate's order has been obtained under this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

15. (1) Every scavenging lane (or side street or open space used for scavenging where no scavenging lane is provided) may be used at any time by any public officer, and every such lane, street or open space may be used at any time by any authorised person as a means of approach to any build- ing to which such lane, street or space gives access for the purpose of inspecting, scavenging or cleansing any part of such building.

(2) If any open space appurtenant to a building is en- closed the communication door or gate shall be opened by the Occupier whenever required by any authorised person for the purpose of inspecting, scavenging, cleansing, or the removal of nightsoil from any part of such building.

789

Power of arrest.

16. In the absence of an officer of police it shall be Power of lawful for any officer of

arrest in the Sanitary Department, absence of in whose presence a summary offence in the nature police officer. of a sanitary nuisance has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by complaint and summons.

PART III.

SANITARY PROVISIONS.

The Prevention and Abatement of Nuisances and the Prevention of the Propagation of Mosquitoes.

17. The following shall be deemed to be nuisances liable Nuisances. to be dealt with summarily in the manner provided by this Ordinance :-

(1) any building or part of a building which is so dark, ill-ventilated or damp, or in such a condition of dilapidation, as to be dangerous or prejudicial to the health of the inmates;

(2) any building or part of a building which contains rat-holes or rat-runs or other similar holes, or which is infested with rats, or in which the ventilating openings are not protected by gratings in such manner as effectually to exclude rats there- from;

(3) any premises which are so overcrowded or in such a dirty or insanitary condition as to be dangerous or prejudicial to health;

(4) any street or road, or any part thereof, or any water- course, nullah, ditch, gutter, side-channel, drain, ashpit, sewer, latrine, urinal or cesspool, so foul as to be noxious, noisome or unhealthy;

(5) any noxious matter or waste water flowing or dis- charged from any premises, wherever situated, into any public street or road, or into the gutter or side-channel of any street or road, or into any nullah or watercourse or the bed thereof;

(6) any watercourse, well, tank, pool, pond, canal, conduit or cistern, the water of which, from any cause, is so tainted with impurities or so unwholesome as to be injurious to the health of persons living near or using such water, or which is likely to promote or aggravate epidemic disease;

(7) any accumulation or deposit of stagnant water, sullage-water, manure, house-refuse or other matter, where- ever situated, which is unhealthy;

(8) any spring, seepage, stream, drain, water course or collection of water liable to form a breeding place for mos- quitoes;

Power to

inspect premises

where

790

(9) any stable, cow-house, pigsty or other premises for the use of animals, or in which live fish or birds are kept, which is in such a condition as to be injurious to the health of man or of such animals, fish or birds;

(10) any offensive trade which is being carried on without a licence from the Council;

(11) any cemetery or place of burial so situated or so conducted as to be unhealthy;

(12) any fireplace adapted for the use of charcoal or wood as fuel which is not provided with a hood of sheet metal or other approved material of sufficient size connected with a chimney or smoke flue;

(13) any internal surface of the walls of any kitchen. not rendered in cement mortar or other non-absorbent material to a height of four feet from the floor level;

(14) any internal surface of any latrine not rendered in cement mortar or other non-absorbent material to a height of three feet from the floor level or on which the rendering is cracked, broken or in any way defective;

(15) any floor of any kitchen, bathroom, latrine or urinal or the ground surface of any building, area, backyard, court- yard or alley-way on which slops may be thrown or on which foul waters flow, which is or has been paved or covered over with impervious material but which has been subsequently broken, excavated or otherwise disturbed;

(16) any defective eaves, gutter, waste-pipe or rain water pipe which discharges over any street;

(17) any opening in the wall of any building for the discharge of sullage water not provided with a fixed grating of cast-iron or in which the grating is broken or is in any other way defective;

(18) any surface trap or gully not provided with a hinged grating or in which the grating is broken or is in any way defective;

(19) any chimney (not being a chimney of a private dwelling house) or any furnace sending forth smoke in such quantity as to be a nuisance; and

(20) any act, omission or thing which is, or may be, dangerous to life or injurious to health or property.

18.-(1) It shall be lawful for any Health Officer, on reasonable presumption of the existence of a nuisance on any premises, by an order in writing to authorise any officer of existence of the Sanitary Department, with an assistant or assistants, to enter such premises at any time between 6 a.m. and 6 p.m. and to inspect the same.

nuisance

presumed.

(2) The inspecting officer shall produce and show the order to any person being, or claiming to be, the occupier of such premises: Provided that the inspecting officer shall not at any time enter any house or upon any land which may be occupied, should such occupier object to his entry, without previously giving the said occupier two hours notice in writing of his intention to do so.

791

་་

19. Any person refusing admittance to the said inspecting Penalty for officer, after such notice has been given, shall be liable to a admittance.

refusing fine not exceeding twenty-five dollars.

where

found on

20. When larvae of mosquitoes are found on any pre- Action mises, the Council may, on the advice of a Health Officer, mosquito give notice to the owner or occupier of such premises to larvae remove all accumulations of water from such premises and to premises. take steps to prevent the recurrence of the breeding of mosquitoes in any such accumulations of water, and such owner or occupier shall comply with such notice forthwith.

notice

abatement of nuisance.

21. On the receipt of any information respecting the Council existence of a nuisance, the Council shall, if satisfied of may serve its existence, serve a notice on the author of the nuisance, or if requiring such person cannot be found, on the owner or occupier of the premises on which the nuisance arises, requiring him to abate the same within a reasonable time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose: Provided that--

(1) where the nuisance arises from the want, or defective construction, of any latrine accommodation, or where there is no occupier of the premises, notice under this section shall be served on the owner;

(2) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the Council may abate the same;

(3) where the nuisance arises or continues by the act, default or sufferance of the owner, and such owner cannot readily be found, the Council may, if the nuisance urgently requires abatement, abate the same and recover all reasonable expenses from such owner;

(4) where the nuisance arises in or on any lane, yard, passage, landing, stairway, roof, latrine or other place, which is used in common by two or more occupiers of any premises which are occupied as dwellings, offices, workshops, factories or stores, notice under this section may be served on the

owner.

serve notice

22.-(1) It shall be lawful for the Council in any Council may case where there is a contravention of any by-law, to issue a directing notice to the offender stating what is required to be done to compliance carry out the provisions of such by-law, and to call upon him with by-laws. to comply with such notice within a reasonable time to be stated in the said notice.

(2) The Secretary, any Health Officer or such other officer as the Council may depute may, however, institute summary proceedings before a magistrate against any person contravening any by-law without the previous issue of such notice by the Council and the magistrate may impose a fine not exceeding fifty dollars.

notice.

23. If the person served with notice under section 20, Council may section 21 or section 22 is dissatisfied therewith, it shall be law- review ful for him, within the time therein specified, to apply to the Council to review the same, stating the grounds of his applica tion, and the Council shall thereupon inquire into the matter and shall confirm, modify, suspend or discharge the said notice, or extend the time allowed for compliance therewith.

792

On non- compliance

with notice

be made

before a

magistrate.

ä

24. If such person has not obtained from the Council modification

or withdrawal of the notice, and con- complaint to tinues to make default in complying with the requirements thereof, or, in the case of a nuisance, if the same, although abated since the service of the notice, is in the opinion of the Council likely to recur on the same premises, the Council shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a magistrate, who shall thereupon issue a summons, requiring the person on whom the notice was served to appear before him.

Power of magistrate to make an order

dealing with a nuisance.

Order prohibiting use, etc., of building unfit for human habitation, or for

animal

habitation.

Penalty for contravening order of magistrate or for defacing any copy of such order.

25.-(1) If the magistrate is satisfied that the require- ment of the Council is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the said premises, he shall make an order on such

person-

(a) requiring him to comply with all or any of the require- ments of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or

(b) prohibiting the recurrence of the nuisance, and direct- ing the execution of the works necessary to prevent the re-

currence; or

(c) both requiring abatement and prohibiting the recur- rence of the nuisance.

(2) The magistrate may, by his order, impose a fine not exceeding fifty dollars on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making of the order.

26. Where the nuisance proved to exist is such as to render any building, in the judgment of the magistrate, unfit for human habitation, or for animal habitation, he may by an order in writing prohibit the use thereof for the purpose until, in his judgment, it has been rendered fit for that purpose, and may direct that a copy of such order be affixed to the building in question, and may further order that such building, and the approaches thereto (if any), shall be pro- perly closed and secured by the owner; and, on the magistrate being satisfied that it has been rendered fit for that purpose, he may by order declare the building habitable, and, from the date thereof, such building may be inhabited.

27.-(1) Every person who fails to obey an order to comply with the requisitions of the Council or of any Health Officer or of any select committee of the Council, and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during his default; and every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues; moreover, the Council may, by any officer, enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.

"

793

(2) Every person who defaces any copy of a magistrate's order, which has been affixed to any building or premises, shall be liable to a fine not exceeding fifty dollars.

28.-(1) The competent authority to deal with nuisances Competent

authority under this Ordinance shall be, unless the context otherwise re- re nuisances. quires, the Chairman of the Council or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent au- thority as hereinbefore defined, such authority shall serve a notice on the author of the nuisance or, if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate, who, either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

(3) In case the said nuisance shall not be abated within the time limited, it shall be lawful for a magistrate to make an order empowering the competent authority to abate the nuisance; and all expenses incurred by such authority in causing such nuisance to be abated as aforesaid shall forth- with be paid by the person against whom the original order to abate such nuisance was made, or, failing him, by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

(4) Whenever the demolition of any building or works or any part thereof shall take place under any order made under sub-section (3) it shall be lawful for the competent authority, in case of non-payment of the said expenses by the person liable to pay the same, to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

(5) In case the person liable to pay the same shall not forthwith pay all expenses incurred by the competent authority in the abating of any nuisance as required by this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

(6) Nothing in this Ordinance contained shall affect any other remedy for the abatement of nuisances.

Form of

nuisance

(7) Notices issued by the Council relating to nuisances shall be in the form in Schedule B with such modifications notice. as may be necessary.

Schedule B.

Wells not

to be sunk

or

without

794

Wells and Pools.

29.-(1) Except with the permission of the Building to be opened Authority and of the Council, which may be granted on a written application, it shall not be lawful to sink or re-open any well to be used for any other purpose than that of flushing water closets and urinals or to allow any such well to be sunk or re-opened.

permission of the Council

and

Building Authority.

Construction of wells.

Excavation allowing stagnant water.

Closing of insanitary wells.

Obstruction

prohibited.

(2) Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

30. No premises shall be so excavated as to admit of the formation on the surface thereof of pools of stagnant or other foul waters, and it shall be lawful for the Council to call upon the owner of any premises whereon such pools may exist to fill up the same with good clean earth to the level of the sur- rounding ground, or to drain off such pools by means of surface-drains into any channel with which they may lawfully communicate.

31. (1) Where it is made to appear to the Council that any well is in an insanitary condition, or is likely to prove injurious to health. and that it is expedient that it should be closed and filled up, the Council may call upon the owner, by notice in writing, to close and fill up the same within the time limited in such notice.

(2) If such notice is not complied with, the Council may cause the owner to be summoned before a magistrate, who may make such order in the matter and as to costs as he may deem right. Should the magistrate order the well to be closed and filled up, he may impose a fine not exceeding five dollars for each day his order is not complied with.

Maintenance of Adequate Lighting and Ventilation.

32.-(1) In no case may any unauthorised obstruction in open space whatever be placed or erected in any open space provided for the efficient ventilation or lighting of any building under the provisions of any Ordinance.

Verandahs

not to be inclosed.

(2) No partition. (other than such as may be necessary and balconies for the separation of the verandah or balcony of any building from the verandah or balcony of any adjacent building) shall be maintained in any verandah or balcony over unleased Crown land or over any street, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part (except by a balustrade not exceeding three feet in height) or used as a bathroom, urinal. water closet, sleeping apartment, store- or kitchen, nor shall any rain or other water be discharged therefrom save in the manner provided by section 52 of the Buildings Ordinance, 1935.

room

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

795

provided

window.

33.-(1) No room shall be maintained or used for Every room sleeping purposes in any storey of any existing domestic to be building, or of any domestic building hereafter erected, with sky- unless such room is provided with a skylight, or with light or a window or windows opening either directly or across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth of the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor levcl :

Provided that, in the case of existing domestic buildings. the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as he may deem expedient.

(2) No screens or partitions shall be erected or maintain- ed in any room on the ground floor of any domestic building with the exception of such as form one 'ping fung', one show- case, and one accountant's office.

Such structures must comply with the following require- ments, namely:---

(a) A 'ping fung' shall be composed of wire netting, lattice work, railings or carved wood-work which shall be arranged in such a manner as to leave at least two-thirds of its area open and as far as possible evenly distributed.

(b) A show-case shall not extend more than two-thirds across the width of the room and shall leave a space of not less than four feet measured vertically between the top of such showcase and the underside of the floor or joists of the floor above.

(c) An accountant's office must have either-

(i) its partitions, with the exception of the one formed. by a show-case, composed of wire netting, lattice work, railings or carved wood-work arranged in such a manner as to leave at least two-thirds open and as far as possible evenly distributed

or

(ii) the whole of its front open with the exception of a counter not exceeding three feet and six inches in height, or in the case of a pawnbroker's shop not exceeding seven feet and six inches in height.

on repre-

Council

of storeys,

windows,

34. (1) Whenever the Urban Council on the repre- Governor sentation of a Health Officer is satisfied that any of the rooms in Council in any block of domestic buildings are so dark as to be sentation dangerous or prejudicial to the health of the inmates, the of the Council may recommend in writing to the Governor in may order Council the demolition of all storeys above the lowermost demolition storey of every third building in such block, and the provision provision of of additional windows for such of the buildings as are allowed add to remain, and the carrying out of such consequential works and other as the Urban Council may deem necessary to render such works in buildings healthy and secure; and the Governor in Council cases, sub- may thereupon direct that such demolition and such lect to consequential works be carried out, and the amount of tion. compensation to be paid by the Government in respect of such buildings as are demolished wholly or in part shall be determined by arbitration in the manner hereinafter provided.

certain

compensa-

Ordinance No. 6 of 1901.

Obstruction

of windows prohibited.

Conditions under which

be erected

and main- tained.

796

(2) The cost of any works carried out under this section, exclusive of any such compensation as aforesaid, shall be certified by the Building Authority, and the Governor in Council may thereafter impose, in such proportions as he may decide, a special improvement rate upon the owners of such of the ad cining houses as are in the opinion of the Governor in Council benefited by such works; such rate shall not exceed an annuity for such period not exceeding thirty years as may be agreed upon, which shall be calculated at the rate of five per cent. interest, and of which the present value shall be the cost above referred to. Every such rate may be recovered by the Treasurer in the same manner as if it were a rate imposed under the provisions of the Rating Ordinance, 1901. The owners may, however, pay such cost into the Treasury at any time within one month from its being notified to them as certified by the Building Authority, and, further, may at any time pay into the Treasury the present value of the balance of any annuity unexpired.

(3) The Governor in Council may permit any part of any works directed under this section to be carried out by the owner at his own cost, but subject to the satisfaction of the Building Authority and to such conditions and in accordance with such plans and particulars as the Governor in Council may direct.

35. No window of any tenement house shall be obstructed by the erection of any structure or fitting whatsoever, or by any household goods or merchandise.

Sleeping Accommodation.

36.-(1) No cubicle shall be erected, or, if already cubicles may erected, be maintained in any room unless such room be provided with a sky-light or windows opening either directly or across a verandah or balcony into the external air, and having a total area equal to at least one-tenth of the floor area of such room and capable of being opened to the extent of one-half at least, and unless the area of such sky-light, window or windows which is clear of any obstruction to the light is equal to one-half at least of the total area of such sky-light, window or windows.

(2) Not more than three cubicles shall be allowed in any room, and, in the event of any room not having a window at the rear opening either directly or across a verandah or balcony into the external air, only one cubicle shall be allowed in such room.

(3) No cubicle shall be erected, or, if already erected, maintained, on the ground floor of any domestic building.

(4) The cubicle or cubicles in a room shall be so placed as to leave at least two-fifths of the width of the window or windows required by this Ordinance without any cubicle partition in front of such two-fifths.

(5) No cubicle shall have a less floor area than sixty- four square feet, nor a less length or width than seven feet.

(6) There shall be a space measured vertically between the top of every portion of the partition of every cubicle and the ceiling or undersides of the supports of the floor above, or of the roof, as the case may be, of not less than four feet.

797

(7) No cubicle or partition shall be erected, or if already existing shall be allowed to remain, in any kitchen.

(8) No portion of the structure of any cubicle shall exceed six feet in height.

(9) No portion of the structure of any cubicle except the necessary corner posts shall be nearer than two inches to the floor of such cubicle, and no structure shall be erected, or if already existing shall be allowed to remain, within any cubicle which is of a greater height than the maximum height allowed by this section for any portion of the structure of such cubicle or which provides a cover or roof to the cubicle.

(10) All cubicles and partitions referred to in this section shall be constructed of wood, metal or other material approved by the Building Authority and shall be painted, whitewashed or otherwise kept clean to the satisfaction of the Council.

Provided that the Council, with the consent of the Governor in Council, shall have power in all cases to grant a modification of or exemption from the requirements of this section upon such conditions, if any, as the Council may deem expedient.

containing

partitions

37. It shall be lawful for a magistrate, in his absolute Closure of discretion, to order the whole or any portion of any building, premises or of any storey containing a cubicle or partition, which is unauthorised contrary to the provisions of this Ordinance, to be forthwith cubicles and closed and to remain closed until the alterations or removal by order of required have or has been certified in writing by the Secretary magistrate. to have been made and completed to the satisfaction of the Council. Every person found living in any building or portion thereof so closed as aforesaid shall be deemed to have acted in contravention of this Ordinance and shall be punish- able accordingly.

demolition

of cubicles,

38. It shall be lawful for a magistrate in any case in Magistrate which it is proved to his satisfaction that any mezzanine floor, may order cockloft, cubicle, partition

   partition or shop-division is not in and removal accordance with the provisions of this Ordinance, to order, partitions, either in addition to cr in substitution for any penalty etc., which specified in this Ordinance, the immediate demolition, removal do not and destruction thereof or of any portion thereof by any provisions officer deputed by the Council, and no compensation shall Ordinance. be payable to any person in respect of any damage done thereto by such demolition, removal and destruction.

Adequate Latrine Accommodation to be Provided

cont

comply with

provision of

tion to be

39. Should it appear to the Council that any building Inadequate or part of a building is without sufficient and proper latrine latrine accommodation and that such accommodation is accommoda- necessary for the use of the occupants of such building or dealt with by for the use of the persons employed in such building, or that the Council. the existing latrine accommodation available for use by the occupants of any building or by the persons employed therein is insufficient or for sanitary reason objectionable, the owner of such building shall, upon receipt of a written notice to that effect from the Council, provide a latrine, or additional latrines, to the satisfaction of the Council and also of the Building Authority, to whom plans together with the said notice shall be submitted before work is commenced.

Latrines

not to be connected directly

with drains.

Daily cleansing of pail latrines.

Water closets and

urinals.

798

40. No latrine other than a water-closet shall be main- tained or used so as to have any direct communication, by means of any pipe, drain or grating, with any underground private drain or public sewer, and any existing latrine, not being a water-closet, having such communication shall have the same completely cut off by the owner when so required by the Building Authority.

41. In the case of pail latrines the closets and pails shall be cleansed daily and the nightsoil removed and disposed of daily. Where pail latrines are provided for the use of tenants of blocks of tenement houses these requirements shall be carried out by such persons as the Council may direct.

42.--(1) No person shall maintain, or allow to remain water flushed on any premises owned or occupied by him, any water closet or urinal constructed before the 24th day of June, 1927, unless such water closet or urinal was constructed with the permission of the Sanitary Board and the consent of the Governor in Council or was constructed in and is in a hospital; nor shall any person maintain or allow to remain on any premises owned or occupied by him any water closet or urinal constructed since the 23rd day of June, 1927, and before the commencement of this Ordinance, unless such water closet or urinal was constructed with the permission of the Sanitary Board and of the Colonial Secretary and in accordance with the terms of such permission.

(2) Except with the permission of the Building Authority and in accordance with the terms of such permission no person shall construct any water closet or urinal: Provided that any person aggrieved by the grant or refusal of such permission or by the terms thereof may refer to the Council, whose decision, subject to the right of appeal given by section 84, shall determine the matter.

(3) It shall be lawful for a magistrate to order the removal of any water closet or urinal whatsoever if the water closet or urinal was constructed or has been maintained. without due permission or in breach of any of the terms or conditions of any such permission, or if the water closet or urinal has been kept in an insanitary or uncleanly condition or has no sufficient supply of water for the flushing thereof to the satisfaction of the Council.

(4) A magistrate shall order the removal of any water closet or urinal whatsoever which has not been removed within fourteen days after a notice to remove it shall have been served on either the owner or the occupier of the premises on which the water closet or urinal was being main- tained. Such notice shall be effective notwithstanding any intermediate dealing with the said premises.

(5) The notice referred to in sub-section (4) may be given at any time by the Council and shall be in the absolute discretion of the Council.

(6) Any order of a magistrate under this section may be made against either the owner or the occupier of the premises on which the water closet or urinal is being maintained.

(7) Any order of a magistrate made under this section. shall be a complete authority to the person against whom it is made to remove the water closet or urinal in question.

(8) If the water closet or urinal is not removed within such time as may be limited by the magistrate it shall be lawful for a magistrate, without prejudice to any penalty to

!

i

799

which any person may be liable, to make an order empowering the Council and any person authorised by it to enter the premises and to remove the water closet or urinal in question; and all expenses incurred by the Council in causing such removal shall forthwith be paid by the person against whom the original order of removal was made, or failing him by the owner of the premises in question, without prejudice to any right of such person or owner to recover the amount of such expenses from any other person liable for the same.

(9) In this section 'urinal' means a water flushed urinal.

Limitation of Accommodation and Prevention of

Overcrowding.

towards

crowding.

43. A Health Officer or such other officer as the Measure- Council may appoint for this purpose shall, within such limits ment of

                               buildings as the Council may from time to time define, cause to as first step be measured the floor area and cubic capacity of all domestic prevention buildings or parts thereof, and shall cause to be calculated of over- the number of occupants that may lawfully be accommodated in such buildings or any parts thereof in accordance with the provisions of this Ordinance, and shall cause such number in English and Chinese to be fixed to such buildings or parts. thereof in such manner as the Council may from time to time direct.

44. In the calculation of cubic space for human Calculation habitation:-

(u) no height over ten feet shall be taken into account.

(b) no passage, lobby or other space partitioned off from any room to the height of the ceiling shall be included in the cubic space of such room.

(c) Every person over ten years of age shall be considered as an adult and every two persons of ten years or under shall be counted as one adult.

of cubic

space.

tion.

45. Every domestic building and any part thereof Limit of found to be inhabited in excess of a proportion of one adult accommoda- for every 35 square feet of habitable floor space or superficial area, and 350 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition:

Provided that :--

(i) Every domestic building within the mid-level district or within the Hill District, and any part thereof (with the exception of quarters occupied by servants), which is occupied by more than one adult for every 1,000 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition.

(ii) The provisions of this section shall not apply in the case of temporary structures provided for housing workmen during the progress of works.

for over-

46. (1) It shall not be lawful for any householder or Lessor tenant to let or sub-let, or allow to be used for occupation, responsible any domestic building or any part thereof to or by so large crowding. a number of persons as to cause the same to be in an over- crowded condition.

Steps to be

taken to

abate over- crowding.

800

(2) The householder or tenant (together with his family, if any) if resident in any such domestic building shall be counted in ascertaining whether such building or any part thereof is in an overcrowded condition.

(3) Where any domestic building or any part thereof is ascertained to be in an overcrowded condition between 11 p.m. and 5 a.m., such overcrowding shall be deemed to be prima facie evidence that such building, or part thereof, was let or sub-let in contravention of this section.

47.-(1) If any domestic building or part thereof shall be found to be in an overcrowded condition, any officer being duly authorised so to do may within five days apply to a magistrate to summons before him each tenant or householder of such building.

(2) If it be proved that the said domestic building or any part thereof was overcrowded within five days prior to the issue of the summons, the magistrate may inflict a fine not exceeding twenty-five dollars on the person summoned, and may further make an order for the abatement forthwith of such overcrowding.

(3) Every person who fails to obey any such order and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during such default, and every person who knowingly and wilfully acts contrary to any such order shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues.

(4) On the hearing the magistrate may make such order for the inspection, at any hour of the night or day, of the said domestic building or any part thereof as the circumstances of the case may require. Such order shall continue in force for a period not exceeding one month.

Limits of

48. No room fitted with bunks or beds shall be so fitted fittings for

  as thereby to provide sleeping accommodation for a greater sleeping accommoda- number of persons than are by law permitted. to occupy the

tion.

Kitchen

not to be used as sleeping

room or

latrine.

room.

49.-(1) No kitchen shall be used as a sleeping room, and the householder or tenant thereof shall be responsible that the kitchen is not so used.

(2) No latrine accommodation shall be constructed or maintained in any kitchen or other place where food is prepared.

Basements not to be cccupied without

permission.

Basements.

50. It shall not be lawful, without the written permission of the Council, to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used, any basement for habitation or for occupation as a shop, workshop or factory, and no basement shall be so used unless it is well lighted, ventilated and drained, and is free from damp and is rendered rat-proof to the satisfaction of the Council.

801

Public Latrines.

51.-(1) No public latrine shall be erected until the Sanction of sanction of the Council in writing has been obtained.

Council

necessary for erection

(2) The Council shall not incur any legal liability in of public respect of having granted such sanction, nor shall such latrines. sanction protect the owner of any public latrine from any liability to an injunction or other legal proceedings should the latrine be at any time so conducted as to become a nuisance, or its erection be contrary to agreement or be otherwise wrongful.

apply to

52. When, in the opinion of the Council, additional Council may public latrine accommodation is required in any locality upon Government unleased Crown Land, the Council may apply in writing to the for additional Governor, through the Colonial Secretary, specifying the site public upon which it desires the erection of a public latrine, and the accommodation to be provided by such latrine.

latrines.

of intention

53. If such application is approved by the Governor Notification a notification shall be published, in English and Chinese, in to erect three successive numbers of the Gazette, specifying the site public and notifying that the Government proposes to erect thereon a public latrine.

latrine.

to erection

54.-(1) If any owner or occupier of property in the Objection immediate vicinity of such site objects to such erection, such of public objection must be sent in writing to the Colonial Secretary so latrine. as to reach his office not later than one week after the publica- tion of the last of such notifications.

(2) Such objection must state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

tive Council

55. If such objection is so duly made and is not with- Resolution drawn the Government shall not be entitled to claim the im- of Legisla- munity conferred by section 56, unless, after such objection where has been considered, a resolution of the Legislative Council is made.

objection is passed approving of the site and the erection thereon of such latrine.

56. Where such resolution as is mentioned in section 55 No injunc has beeen passed or where no objection has been so duly tinted

                               granted or made or has been withdrawn, no injunction shall be granted suit to be against the erection, continuance or use of such latrine, nor certain

                               brought in shall any suit be brought for damages or compensation in cases. respect of such erection, continuance or use.

latrines

57. The immunity with regard to injunction and suits Existing conferred by section 56 is hereby extended to all the Govern- public ment public latrines existing at the commencement of this protected Ordinance, as fully as if the resolution referred to had been injunction. passed in each case.

from

control

58. The Council shall have the control and management Council to of all Government public latrines erected under the provisions public of this Ordinance, or protected thereby, and any provisions latrines. relating to public latrines shall apply to all Government public latrines.

59. Nothing in this Ordinance contained relating to Saving of public latrines shall in any way be deemed to derogate from existing

                               rights. any existing rights or powers of the Government.

Council may restrict washing of clothes by washermen to public laundries.

Nuisances in factories or workshops, etc.

Proper latrine accommoda- tion to be provided.

Maintenance

802

Laundries.

60. The Council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling except at public laundries or at such other places as it may appoint for the purpose.

Maintenance of Sanitary Conditions in Factories.

61. Whenever it appears to the Council that any factory or workshop is damp or that it is not ade- quately lighted or is not ventilated in such a man- ner as to render harmless, as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried on therein, or is not maintained in a clean- ly condition, or is so overcrowded during the time in which work is carried on as to be dangerous or injurious to the health of the persons employed therein, the Council may, by written notice, require the owner thereof to take such steps as the Council may consider necessary to prevent such dampness, or adequately to light or ventilate the premises, or to render harmless as far as practicable any gas, vapour, dust or other impurity, or to cleanse the premises, or to prevent the same from being overcrowded.

62. Every factory and workshop whatsoever employing not less than 20 persons shall be provided by the owner thereof with proper latrine accommodation on the premises, for the separate use of persons of each sex, to the satisfaction of the Council.

63. Every factory and workshop shall be kept in a of cleanliness. cleanly state.

Lime- washing.

Avoidance of effluvia.

Accommoda-

tion

according

64.-(1) All the ceilings and inside walls of a factory or workshop shall be limewashed at least once a year. If these have been oil painted or varnished they shall be washed with. hot water and soap once every fourteen months.

(2) The Council may by special order grant exemptions from requirements as to limewashing or washing.

65. Every factory or workshop shall be kept free from effluvia arising from any drain, latrine, urinal or other nuisance.

66. When less than 250 cubic feet of air space per person are provided in a factory or workshop such factory or to air-space. workshop shall be held to be so overcrowded as to be danger-

ous or injurious to the health of those employed therein.

Number of occupants

to be

posted.

Maintenance

of ventila-

tion.

67. In every factory and workshop a notice must be affixed specifying the number of persons which can be em- ployed in each room.

68. In every room in every factory and workshop sufficient means of ventilation must be provided and main- tained.

803

Regulation of Dangerous, Unhealthy or Offensive

Trades or Occupations.

permission

before any

69.-(1) No person shall establish or carry on in any Special premises any dangerous or any offensive trade in any of Council part of

the Colony, without

      without the special permission necessary in writing of the Council, and a magistrate may, in dangerous or addition to any penalty which he may inflict for a con- offensive travention of this section, order the closing of any such established. premises for such period as he may deem necessary.

(2) For the purposes of this section, any such business shall be deemed to be established not only if it has been estab- lished but also if it is removed from any one set of premises to any other premises, or if it is renewed on the same set of premises after having been discontinued for a period of twelve months or upwards, or if any premises on which it is carried on are enlarged without the permission of the Council; but a business shall not be deemed to be established anew on any premises by reason only that the ownership or occupancy of such premises is wholly or partially changed, or that the building in which it is established having been wholly or partially pulled down or burnt down has been reconstructed without any extension of its area.

Provided always that any permission given by the Council under this section shall be revocable at any time by the Council.

trade can be

70. The Council may by an order in writing prohibit the Council may

                           prohibit occupation for domestic purposes of any building in which any domestic dangerous or any offensive trade is carried on.

Keeping of Cattle, Swine, etc.

occupation of dangerous trade building.

required for

sheep or

71. The keeping of cattle, swine, sheep or goats with- Licences out a licence from the Council is prohibited, and every person keeping who keeps any such animal, either without a licence from cattle, swine, the Council or in a manner contravening such sanitary goats. conditions as may be indorsed on such licence, shall be liable to a fine not exceeding fifty dollars, and, further, to forfeit all or any of the animals in respect of the keeping of which he has so offended.

suffering.

72. No person shall bring into the Colony, or drive, Prevention of carry, transport, remove, or have or keep, or knowingly suffer to be had or kept under his control or on his premises, any animal or other creature in any way which may cause it need- less or avoidable suffering.

PART IV.

DISPOSAL OF THE DEAD.

Cemeteries.

in Council

73. (1) It shall be lawful for the Governor in Council, Governor by notice published in the Gazette, to authorise places to be may used as cemeteries or urn cemeteries, and it shall be lawful authorise for the Urban Council by by-law to set apart any portion of any authorised cemetery as an urn cemetery.

laces for

use of

cemeteries and Urban Council may set apart

portions

for urn cemeteries.

801

AN

(2) The cemeteries and urn cemeteries set forth in the list immediately following this section, and such other ceme- teries and urn cemeteries as may be authorised by the Governor in Council, and such urn cemeteries as may be set apart by the Urban Council, shall be deemed authorised cemeteries or urn cemeteries as the case may be.

(3) The cemeteries and urn cemeteries set forth under the sub-heading "Closed Cemeteries" in the list of authorised cemeteries and urn cemeteries immediately following this section shall be deemed to have been closed.

(4) It shall be lawful for the Governor in Council, by notice in the Gazette, to close any authorised cemetery or urn cemetery.

Authorised cemeteries.

Authorised Cemeteries.

The Mount Caroline Cemetery. The Kai Lung Wan Cemetery, West.

The Kai Lung Wan Cemetery, East.

The Aberdeen Cemetery, Sham Wan.

The Shek O Cemetery.

The Chai Wan Cemetery.

The Fukienese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Pokfulam Road. The Chinese Permanent Cemetery, Aberdeen. The Colonial Cemetery, Happy Valley. The Roman Catholic Cemetery, Happy Valley. The Mahomedan Cemetery, Happy Valley. The Hindoo Cemetery, Happy Valley. The Zoroastrian Cemetery, Happy Valley. The Jewish Cemetery, Happy Valley.

The Eurasian Cemetery, Mount Davis.

The French Mission Cemetery, Pokfulam.

The Roman Catholic Cemetery, Sookunpoo.

The Aplichau Urn Cemetery.

The Cheung Sha Wan Urn Cemetery.

The Chai Wan Urn Cemetery.

The Ho Mun Tin Urn Cemetery.

The Sai Yu Shek Urn Cemetery.

The Kai Lung Wan East Urn Cemetery.

The Aberdeen (Sham Wan) Urn Cemetery.

The New Kowloon Cemetery No. 1

The New Kowloon Cemetery No. 2

The New Kowloon Cemetery No. 3.

The Kowloon Inland Lot No. 2148 Cemetery.

The Kowloon Cemetery No. 2.

805

The Kowloon Cemetery No. 3.

The Kowloon Cemetery No. 4.

The New Kowloon Urn Cemetery No. 5.

The New Kowloon Cemetery No. 6.

The New Stanley Cemetery.

Closed Cemeteries.

The Mount Davis Cemetery.

Closed cemeteries.

The Ma Tau Wai Cemetery.

The Kai Lung Wan Extension Cemetery.

The Po Kong Cemetery.

The Shamshuipo Cemetery

The Tseung Lung Tin Cemetery, Cha Kwo Leng.

The Sai Yu Shek Old Cemetery.

The Kowloon Tong Cemetery.

The Cheung Sha Wan Cemetery.

The Kennedy Town Cemetery.

The Hau Pui Lung Cemetery.

The Tai Shek Ku Urn Cemetery.

The Christian Chinese Cemetery, Kowloon City.

The Christian Chinese Cemetery, Kowloon Tong.

The Indian Cemetery, Tai Shek Ku.

The Western portion of the Aberdeen (Sham Wan)

Cemetery.

The Section D Mount Caroline Cemetery.

The Stanley Cemetery.

The Christian Chinese Cemetery, Stanley.

The Sookunpoo Urn Cemetery.

The Telegraph Hill Urn Cemetery.

The Kowloon Cemetery No. 1.

outside a

74. Every person who, without the written permission Penalty for of the Governor granted on the recommendation of the burial Council, buries any dead body elsewhere than in an authorised cemetery. cemetery which has not been closed, and every person who without such permission deposits an urn containing the remains of any dead body elsewhere than in an authorised cemetery which has not been closed, shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

and removal

75.-(1) Subject to the provisions of this section it Exhumation shall not be lawful without a permit, granted in the manner of remains, hereinafter provided, to exhume any body or the remains of except by any body which may have been buried in any place or to prohibited. remove the remains of any body from any urn which may have

permit,

Persons to whom

permits may be issued.

Authorities for issuing permits.

Council may

to managers

806

been deposited in any place, and every person who exhumes any body or the remains of any body, or who removes the remains of any body from any urn, contrary to the provisions of this Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

(2) Subject to the provisions of sub-section (4), such per- mit shall be granted only to the legal personal representative or next of kin of the person whose body or the remains of whose body are concerned or to the duly authorised agent of such legal personal representative or next of kin.

(3) Such permit may be granted-

(a) in respect of any authorised cemetery or urn ceme- tery, by the Council under the hand of the Secretary, and

(b) in respect of any place other than an authorised ceme- tery or urn cemetery, by the Governor under the hand of the Colonial Secretary.

(4) Notwithstanding the provisions of sub-section (2), it grant permits shall be lawful for the Council, under the hand of the Secretary, of cemeteries. to grant to the manager or managers of a leased cemetery a permit for the removal of any body or the remains of any body from any place in such leased cemetery.

Governor may grant permits.

Permitting authority may

prescribe conditions.

Permit where

grave held

(5) Notwithstanding the provisions of sub-section (2), it shall be lawful for the Governor, under the hand of the Colonial Secretary, to grant a permit, for the removal of any body or the remains of any body from any place other than an authorised cemetery, to any person who in his opinion has a sufficient interest in the disposal of the body or remains in question.

(6) The permitting authority may in each case prescribe such conditions as he may deem fit, and any person who neglects to observe the conditions of the permit shall upon summary conviction be liable to a fine not exceeding two hund- red dollars.

(7) No such permit shall be granted in respect of any Ender Crown grave or urn on land held upon lease from the Crown without the written consent of the Crown lessee or his duly authorised agent.

Lease,

Power of Governor to remove any body or remains.

Six months notice required.

Duty of Secretary

for Chinese Affairs.

(8) Notwithstanding anything contained in this section, it shall be lawful for the Governor, whenever he shall deem it expedient, to remove any body or the remains of any body from any grave or urn whatsoever and by order under his hand to direct such removal to be made in such manner as he shall think fit.

(9) No such order shall be made directing any such re- moval from an authorised cemetery or urn cemetery until six months notice of the intention to make it shall have been given by notification in the Gazette.

(10) When an order is made directing a removal from any place other than an authorised cemetery or urn cemetery, the Secretary for Chinese Affairs shall take such steps, if any, as he may deem necessary for giving notice to the persons interested in the disposal of the body or remains.

807

arrangement

reburials.

1) The Government shall make proper and fitting ar- Fitting and rangements for the reburial in an authorised cemetery or urn proper cemetery of any body or the remains of any body removed to be under sub-section (S) and for the removal and re-erection of made for any monument, all charges in connexion therewith being de- frayed out of the public revenue : Provided that, when it is desired otherwise to dispose of bodies or the remains of bodies of persons of Chinese race in accordance with Chinese custom, the necessary permission shall be given, subject to such con- ditions as the Governor may prescribe, all reasonable expenses in connection with such disposal, if within the Colony, being defrayed out of the public revenue.

to dispose

(12) Any body or the remains of any body hereafter Power of buried or deposited without permission elsewhere than in an Chairman authorised cemetery or urn cemetery shall be liable to removal of body without notice by direction of the Chairman of the Council buried and may be disposed of as he may direct.

without permission.

(13) When any body or the remains of any body is or are Removal of removed under any of the provisions of this section, it shall grave or urn be lawful to remove also any grave or urn in which such body or remains are found.

nuisance.

(14) If any urn or the human remains contained therein Abatement be found in any authorised cemetery to be causing a nuisance of urn and the next of kin of the deceased cannot readily be found, it shall be lawful for any Health Officer to abate the nuisance by causing the urn to be reburied in a position as near as may be to that in which it was found.

office of

(15) There shall be kept at the office of the Council Records to a record of every permit granted and of every order or direc- be kept at tion made under the provisions of this section, other than Council. permits, orders or directions relating to urns. Such record shall contain particulars, so far as the same can be ascertained, of the race, nationality, name, sex and age of the persons whose bodies or the remains of whose bodies have been re- moved under the provisions of this section, and particulars of the places from which and to which the same have been removed. Such record shall be open to inspection by any person during office hours.

(16) Notwithstanding anything contained in this section, Powers of it shall be lawful for a magistrate to order the exhumation of magistrate. any body or the remains of any body for the purpose of inquiry into the death of any person.

PART V.

GENERAL.

Service of Notice, Summons or Order.

summonses:

76. Any notice, summons or order given, issued or Service of made under the provisions of this Ordinance, may be served notices, upon the person affected by the document to be served, either or orders. personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last-known place of

Penalty for

contraven-

tions.

Recovery

808

business or of residence of the person to be served, or, if there is no occupier of such premises, or if no address in the Colony of the person to be served is known, by posting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or, if the whereabouts of such owner or agent be unknown, by posting a registered letter addressed to such owner or agent at his last-known place of residence or of business in the Colony.

Contraventions and Penalties.

77. Every act, failure, neglect or omission whereby any requirement or provision of this Ordinance is contravened, and every refusal to comply with any of such requirements or provisions, shall be deemed a contravention of this Ordinance.

78. All penalties imposed by this Ordinance may be of penalties. recovered summarily before a Magistrate on complaint by the Secretary or such other officer as the Council may depute.

Penalty

nuisance.

79. Every person who as architect, engineer, clerk of for building works, contractor, foreman or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner of any build- ing or works on which any such nuisance exists. shall upon summary conviction be liable to a fine not exceeding two hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing

to obey

order or

obstructing Health Officer.

80. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or magistrate's who, without reasonable excuse, refuses to permit any Health Officer or other officer of the Sanitary Department, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders any such officer as aforesaid in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding two hundred dollars.

Penalty for other contraven- tions.

Liability of

secretary or manager of company.

Proceedings against several

persons.

81. Every person who contravenes any of the provi- sions of this Ordinance or of any by-law made thereunder, in respect of which contravention no special penalty is otherwise provided, shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

82. Where a contravention of any of the provisions of this Ordinance is committed by any company or corporation, the secretary or manager thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

83. Where proceedings under this Ordinance are com- petent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

809

Appeal to the Governor in Council.

Governor in

decision of

with

power

84. (1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or of any person Council to whom discretionary power is given under this Ordinance in against respect of any act, matter or thing which is by this Ordinance any person made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of the Council or of any such under this person either as to the carrying out of or the meaning of any Ordinance. of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.

Council empowered

in any appeal to for the

state case

opinion of

85.-(1) In any appeal under the provisions of section Governor in 84 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

(4) The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council.

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 84.

Fall Court on question

of law.

Governor

86. Every order of the Governor in Council on any Order of appeal shall be final and may be enforced by the Supreme in Council Court as if it had been an order of that court.

enforced by the Court.

Reimburse- ment of

expenses.

Recovery

of expenses. Ordinance No. 6 of

1875.

Granting of certificates by Council.

810

Recovery of expenses by the Council.

87. All reasonable expenses incurred by the Council in consequence of any default in complying with any order or notice issued under the provisions of this Ordinance shall be deemed to be money paid for the use and at the request of the person on whom the said order or notice was made, and shall be recoverable from him in the ordinary course of law at the suit of the Secretary. The provisions of this section. shall apply to any orders or notices issued under any by-law by the Council or by any duly appointed committee of the Council

88. The provisions of the Crown Remedies Ordinance, 1875, shall apply to the recovery of all such expenses, and the certificate required by that Ordinance shall be signed by the Secretary.

Certificates.

89. Certificates and written permissions of the Council under this Ordinance or under any by-law may be given under the hand of the Secretary or such other officer as the Council may appoint in that behalf. Such certificates and permits shall for all purposes be prima facie evidence of the matters therein stated.

Obstruction of streets prohibited.

Private streets.

90. No shed, lean-to, shelter, show-case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor in Council.

Submission of claim,

Appointment

of arbitra- tors.

Arbitrators.

91. No suit, action or other proceedings shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment payable is otherwise provided for by this Ordinance, submit to the Colonial Secretary, on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, if any such plans are so deposited, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

92. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following:-

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claim- ing compensation.

(2) The two arbitrators so nominated shall view the pre- mises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.

فر

811

(3) In case of disagreement the arbitrators shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(4) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

on which

93.-(1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such purpose compensation the value of any land resumed or of any building thereon- to be based.

No. 6 of 1901.

(a) may take into consideration the rateable value and Ordinance the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state;

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the maintenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisi- tion being compulsory.

(2) The said arbitrators or umpire shall also receive evidence to prove-

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel or as a gaming house or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

(3) If the said arbitrators or umpire are satisfied by such evidence, then the compensation shall-

(a) in cases (a) and (b), so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c), be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

(c) in case (d), be based on the value of the land and of the materials of the buildings thereon.

Vacancies among arbitrators.

Breach of

condition of

modification

812

94. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by the claimant, shall be filled by some other person so appointed.

Miscellaneous.

95. The breach of or failure to perform any term or condition attached to any modification of or exemption from or exemption. any provision of this Ordinance shall entitle the authority by whom such modification or exemption was granted to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

Registration of modifica- 、tion and

cancellation thereof.

Limitation of personal liability of members of the Council, Building Authority and others.

Protection

of persons acting

under the Ordinance, Ordinance

No 31 of 1911.

Application

of Ordin- ance to New Territories,

etc.

Certificates granted under

Ordinances repealed preserved.

96. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the pro- perty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

97. No matter or thing done by the Council or Building Authority or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council, a Health Officer or the Building Authority, shall; if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

98. The provisions of section 48 of the Interpretation Ordinance, 1911, shall apply to actions or proceedings com- menced against the Council, a Health Officer, the Building Authority or any person acting under their or his direction, or against any member of the Urban Council or any officer or other person acting in his aid, for anything done or intended to be done or omitted to be done under the provisions of this Ordinance.

99. This Ordinance and the regulations and by-laws made thereunder shall not apply to any part of the New Terri- tories, except New Kowloon, unless and to such extent as the Governor in Council shall by order otherwise direct.

100. Nothing in this Ordinance shall be deemed in any way to derogate from or lessen the validity or effect of any licence, certificate or written permission of the Sanitary Board granted before the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate

Ʌn

written permission

813

101. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by Proclamation as the ment. commencement of this Ordinance.

SCHEDULE A.

[s. 5 (2).]

BY-LAWS.

Basements.

be fulfilled

1. The conditions under which alone it shall be lawful to live in, Conditions occupy or use for habitation, or to let or sub-let or to suffer or permit to which must be used for habitation, any basement shall be that such basement is pro- before a vided with one window at least opening into the external air, and that basement the total area, clear of any obstruction to the light, of such window or can be windows is at least one-tenth of the floor area of such basement: occupied as

a habitation. Provided always that the Council may, if it thinks fit, grant permission in writing to obstruct or cover such area in any manner which may be previously approved by the Council.

2.-(1) The conditions under which alone it shall be lawful to Conditions occupy or use, or to let or sub-let, or to suffer or permit to be used under which for occupation as a shop, workshop or factory, any basement shall be a basement that such basement complies with the provisions of the preceding occupied as by-law and is lit, ventilated and maintained in a sanitary condition a shop, to the satisfaction of the Council.

(2) Such shop, workshop or factory may not be used for habita- tion except by such number of persons as the Council may authorise in writing, and in every case in which the Council authorises any person or persons to use for habitation any such shop, workshop or factory, sleeping accommodation shall be provided by the erection of a cockloft or bunks which shall have a clear space of at least 4 feet between it or them and such side or sides of the basement as abuts or abut against the earth or soil.

can be

workshop or factory.

Cattle, Swine, etc.

1. Annual licences expiring on the 31st December of the year in Licences which they are granted may be issued for the keeping of cattle, swine, expire in sheep and goats.

December.

2. Any person desirous of obtaining a licence to keep cattle, Application swine, sheep or goats shall make application to the Council by means for licence. of a properly filled in form, for which purpose blank forms can be obtained from the Secretary at his office.

houses.

3. No building in which cattle, swine, sheep or goats are housed Regulations shall be situated nearer than six feet to any dwelling house nor shall as to animal such building in any way connect with a public or private sewer except with the special permission of the Council. Such building shall be built of brick or stone or other material to be approved by the Council and shall be lighted and ventilated to the satisfaction of the Council, and the flooring thereof shall be of granite slabs, concrete, or other impervious material and provided with watertight channels for draining. all urine and fluid noxious matters into a watertight covered sump or such other place as may be approved by the Council. The sump. shall be constructed to the satisfaction of the Council and shall be emptied and the contents thereof together with the solid manure in the building removed daily. The Council may, however, waive any of these conditions, provided that in the opinion of the Council such can be done without danger to the public health.

Area and

cubic space for a cow.

Area and cubic space for a sheep or goat.

Area and

cubic space

for each

pig.

Concerning cleanliness and lime- washing.

Buildings licensed for

animals not

to be used for other

purposes.

Licensed buildings

to be open to inspection.

Disease to

814

4. Each COW shall have at least thirty-two square feet of standing room, and three hundred and sixty cubic feet of air space; in no case shall a cattle-shed be less than twelve feet in height.

5. Each sheep and goat shall have at least eight square feet of standing room and ninety cubic feet of air space.

6. Each pig shall have at least eight square feet of standing room, and every pigsty shall be not less than four feet in height at its lowest part.

7. The buildings shall be at all times kept in a cleanly condition and the walls be scraped and limewashed during the months of January and July in each year.

8. A building for which a licence is held to house cattle, swine, sheep or goats shall not be used for any other purpose than the housing of such animals.

9. Buildings in which cattle, swine, sheep and goats are housed shall be at all times open to inspection by any member of the Council, Health Officer or Sanitary Inspector.

10. Every licensee or, in his absence, the person in charge of the be reported. animals shall, with all possible speed, report to the Colonial Veterinary Surgeon or to the officer in charge of the nearest police station any and every case of disease occurring amongst his animals. In the event of an animal dying, the carcase shall not be removed or buried without an order in writing from the Colonial Veterinary Surgeon or from some person authorised by him.

Cancellation of licence.

Calculation of cubic space for calves.

Calculation of cubic

space for

lambs or kids or young pigs.

Water supply for animals.

Restrictions as to

grazing.

11. The Council may, in its discretion, cancel any licence to keep animals on the holder of such licence being a second time convicted before a magistrate for a breach of these by-laws.

12. In the calculation of cubic space under by-law 4 two calves under one year shall be counted as one cow.

13. In the calculation of cubic space under by-laws 5 and 6 two lambs, two kids and two young pigs under four months shall be counted as one sheep, one goat and one pig respectively.

14. Any person desirous of obtaining a licence for a building in which animals are to be housed shall make adequate provision that such building shall have a suitable supply of good wholesome water for the use of the animals to be housed therein, and such supply of water shall be within such distance of the building as shall in each case be determined by the Council.

15. No cattle or goats shall be turned out to graze, except on fenced land in the possession or occupation of the owner of such cattle or goats, without a written permit from the Council which may contain conditions as to hours of grazing, area to be grazed and other matters.

Power of

Cemeteries.

      1. Every cemetery shall be at all times open to inspection by any members of member of the Council or by any officer directed by the Chairman to

Council or

authorised

officers

to inspect cemeteries.

make such inspection.

A. CEMETERIES OTHER THAN CHINESE CEMETERIES.

Graves to number. bear a

2. Every grave shall bear a number.

815

3. A register shall be kept by the person or persons in charge of Registers each cemetery, and the date of burial, name, sex and age of each to be kept. person shall be entered therein against the number of the grave in which the corpse is interred. Such register shall be open to inspection by any member of the public at any reasonable hour. Every entry in such register, and every copy of an entry certified by the Secretary, shall be prima facie evidence of the facts therein appearing.

4. Each grave shall be dug to a depth of at least 5 feet, with the Depth of exception of the graves of children under 10 years of age which need graves. not exceed 4 feet in depth.

allowed in

5. Except in the cases hereinafter specified only one corpse shall Number of be placed in one grave. Exceptions: (A) In the case of the interment corpses of children under 10 years of age more than one corpse may be interred a grave. in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface; (B) More than one member of the same family may be interred in one grave, provided the top of the uppermost coffin is at least 30 inches below the ground surface.

6. The interspace between any two coffins (except when buried Interspace in a single grave under by-law 5) at any point shall be at least 18 between inches.

coffins.

7. Each grave shall be properly covered with turf or such other Graves to material as may be approved by the Council, within 12 months be covered of the grave being filled in.

with turf or other material.

8. Except for the purpose of a further interment under by-law 5, Reopening no grave may be re-opened after a corpse has been interred therein of graves. without the written permission of the Council or an order of a magistrate.

9. Any person proposing to inter a corpse shall give not less than two hours' notice to the Inspector of Cemeteries of the hour and cemetery at which it is proposed that such interment shall take place.

Inspector of

cemeteries to be given two hours

notice of burial.

10.-(1) The fees to be charged in the Colonial Cemetery shall be Fees. as follows:

For each grave space of 15 square feet

Grave digging

Exhumation of corpse...

Exceptions.

For each grave space for children under 10 years

of age.....

Grave digging

Second burial in the same grave

Pauper interment

Monuments.

$10.00

1.00

5.00

5.00

1.00

free

free

A monument over any grave space or any enclosure of a grave space not occupying more than 15 square feet

free

(2) No monument over a grave space or enclosure of the surface of a grave space occupying more than 15 square feet shall be erected or made without permission of the Council which may, if it thinks fit, grant such permission upon payment of a fee of $2 for each square foot to be occupied by the monument or enclosure in excess of 15 square feet.

for certain

11.-(1) There shall be set aside special sections in the Colonial Special Cemetery for the burial of Naval and Military commissioned officers, sections of civil servants, residents of more than 20 years' standing, residents of cemeteries more than 7 years' standing, children and destitutes. The Chairman classes. of the Council or in his absence the Vice-Chairman may, however, grant permission for the interment of any person in any of the above mentioned sections. A map of the Cemetery showing the above sections shall be kept in the office of the Council and be available for inspection by any member of the public.

Burning of joss-sticks and firing of crackers prohibited.

816

(2) Application for permission to inter a corpse in any special section, not already provided for, shall be made in writing to the Secretary and shall be decided upon by such person or persons as the Council may appoint; if no such application is made, every corpse shall be buried in such position as the Chairman shall direct.

12. The burning of joss sticks and firing of crackers is prohibited in that portion of the Colonial Cemetery set apart under Ordinance No. 38 of 1909 for the burial of persons professing the Christian religion.

Lay-out.

Plans to be placed on

view.

Monthly register to

be kept.

Number of

corpses per grave.

Each grave to be filled.

Reopening of grave prohibited

B. CHINESE CEMETERIES.

13. Each cemetery shall be laid out in sections of such size and arranged in such manner, and such cemetery or any part thereof may be set apart for re-interments after exhumation and for the storage of the remains in pots or urns, as may be directed by the Council.

14. A plan of each cemetery showing the various sections shall be on view at or near to the cemetery and at the offices of the Council.

name,

15. A monthly register shall be kept in the Chinese language at or near each cemetery, and the date,

sex and age of each person shall be entered therein against the number of the grave in which the corpse is interred. The registers shall be deposited at the office of the Council after a period of two years, and shall be filed there.

of

16. Except as regards the corpses of children under ten years age, only one corpse shall be placed in one grave. In the case of the corpses of children under ten years of age, two corpses may be placed in one grave.

17. Each grave shall be filled in to the satisfaction of the Council.

18. Except on an order of a magistrate, no grave may be re- opened after a corpse has been interred therein without the written except with permission of the Council, nor (except where no charge has been made for the grave space) without the written consent of the next of kin of the person buried, if such next of kin can be found.

permission of Council.

Fees.

19. The following fees shall be charged for each grave space and interment or for storage in pots or urns of the exhumed remains of natives of Hong Kong or other persons buried in this Colony in the various sections of the cemeteries:

Section A-free; 50 cents for digging and filling in each grave. Section B-$1, and $1 for digging and filling in each grave. Section C-$2, and $1 for digging and filling in each grave.

Section D-(1) for 4 square feet..

(2) for 15 square feet..

$ 5.00 $10.00

$10.00

Areas of

(3) for every additional 15 square feet up to

75 square feet

     20. The areas of the grave spaces in the various sections shall not grave spaces. exceed the following dimensions:

Depth of grave.

Exemption

Section A.-7 feet long by 2 feet wide with 18 inches interspaces. Section B.-71⁄2 feet long by 22 feet wide with 18 inches interspaces. Section C.-8 feet long by 3 feet wide with 18 inches interspaces. Section D.-75 square feet with 18 inches interspaces.

21. Each grave shall be dug to a depth of at least 5 feet with the exception of the graves of children under 10 years of age which need not exceed 4 feet in depth.

     22. The foregoing by-laws shall not apply to the Chinese Per- of Aberdeen manent Cemetery at Aberdeen.

Cemetery.

817

Conservancy.

1. The Council shall have the exclusive right to collect, remove Rights of and dispose of, or to delegate to others the right to collect, remove and Council with dispose of, all excretal matter from latrines (other than water closets), regard to and all matter so collected shall be the property of the Council matter. who may sell or otherwise dispose of it.

excretal

2.-(1) The Council shall provide a departmental service or employ Removal contractors for the removal of excretal matter from the following of excretal buildings (where not fitted with water closets):-

(a) All buildings in the Hill District.

matter to be done by con- tractors or

(b) All Government buildings (including Government latrines) and by depart all privately owned public latrines in the following districts :

(i) The City of Victoria, Wong Nei Chong Village and Road (South of City Boundaries), Tai Hang Village, Sookunpoo Valley, Tung Lo Wan, Whitfield and Shaukiwan Road from City Boundary to Joint Cable Houses.

(ii) The Villages or districts of Shaukiwan, Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Shaukiwan Road (East of Joint Cable Houses), Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Aplichau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purpose of these by-laws the Council may determine the boundaries of any such village, district or portion.

(iii) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as conservancy

contractors.

(3) The terms and conditions of conservancy contracts shall be settled by the Council subject to the approval of the Governor.

(4) In districts where a departmental service is provided the Urban Council shall have power to charge such fees for collecting excretal matter as it may with the consent of the Governor in Council from time to time determine.

mental service.

3. Every servant of a conservancy contractor shall, while at work, Servants of wear such distinguishing badge as shall from time to time be directed contractors by the Council.

to wear distinguish- ing badges.

ments for

removal of excretal

4. The occupier of any premises which are situated within any Arrange- of the districts specified in by-law 2, or, if there be no occupier, the owner or immediate landlord, shall, unless such premises are a Govern- ment building or a privately owned public latrine, make due provision matter. for the daily removal of all excretal matter from such premises for delivery thereof to the servants of a conservancy contractor or to servants of the Sanitary Department appointed for the purpose, and shall not dispose of any such excretal matter in any other manner.

He shall also afford access to any servant of a conservancy con- tractor or of the Sanitary Department for the purpose of the removal of excretal matter from any part of the premises, and, if the open space appurtenant thereto is enclosed, the gate or door shall be opened for such purpose whenever required.

Provided that this by-law shall not apply to any building provided with water closets adequate for the disposal of the excreta of all the occupants of such building.

5. (a) The occupier of every privately owned public latrine which Removal of is situated within any of the districts specified in by-law 2 shall provide excretal not less than one bucket per seat for the storage of excretal matter in matter from rough weather and for the removal of excretal matter. Such buckets

privately owned public shall be of a pattern approved by the Council.

latrines.

(b) The occupier of every such latrine shall allow the con- servancy contractor for that district or servants of the Sanitary Department to remove all excretal matter from such latrines, and shall pay to such conservancy contractor, or, if a depart-

T

Conservancy boats.

Conveyance of excretal matter re- stricted to times between

midnight

and 6 a.m.

Precautions

in conveying excretal matter.

Excretal

matter not to be

deposited elsewhere

than in

the con-

servancy boats.

818

mental service be provided, then to the Council, for the removal of the excretal matter from the latrine to Kwai Chung Bay at the rate of ten cents per picul of nightsoil (tai fo) and five cents per picul of urine (shui fo):

 Provided that it shall be lawful for the Council, when a departmental service is provided, to compound for a fixed monthly charge for such removal.

(c) The occupier of every such latrine shall make due provision for the reception of such excretal matter at the conservancy boats' anchorage in Kwai Chung Bay.

(d) No excretal matter shall be removed from any such latrine except by the conservancy contractor for that district or by servants of the Sanitary Department.

6.--(a) All conservancy boats, that is to say, all vessels used for the conveyance of excretal matter whether in the employ of the contractors or privately owned, shall be registered annually at the offices of the Council and no vessel not so registered shall convey excretal matter.

(b) All such boats shall be completely decked and provided with closely fitting hatches and shall at all times be kept in a thorough state of repair and in a seaworthy and cleanly condition to the satis- faction of the Council.

(c) The decks of every such boat shall be washed down immedia- tely after the transhipment of any excretal matter.

(d) No such boat shall be loaded above the under side of the hatch coaming.

(e) No such boat shall enter the waters of the Colony except with its holds clean and its bilges pumped dry.

(f) Every such boat shall fly such distinguishing flag as shall from time to time be directed by the Council.

(g) No such boat shall, unless otherwise provided by the terms of the contracts for the time being in force, anchor or lie at any place within the waters of the Colony other than the conservancy boats' anchorage in Kwai Chung Bay.

7.-(1) No excretal matter shall be placed in or upon or conveyed along or across any street or open space situated within any of the districts specified in by-law 2 except between midnight and 6 a.m. and except in strong substantial buckets with closely fitting covers and of such a pattern as may from time to time be approved by the Council.

(2) Any person who conveys or causes to be conveyed along any street any excretal matter at any time except within the hours fixed by paragraph (1) of this by-law, or who at any time, whether within. such hours or not, uses for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such excretal matter in the conveying thereof, or who does not carefully sweep and clean every place in which any excretal matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such excretal matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through any street or route other than such as shall from time to time be appointed for the purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second and subsequent offence to a fine not exceeding twenty-five dollars.

8.-(a) No excretal matter shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet thereto.

(b) No excretal matter removed from any premises situated within the districts specified in by-law 2 shall be emptied, discharged, deposited or placed in or conveyed to any place other than the conservancy boats provided for that purpose.

(c) No excretal matter shall be brought from any premises or place situated outside the districts specified in by-law 2 to any premises or place situated within the said districts.

- 819

9. Excretal matter which has been placed in a conservancy boat Conservancy shall not be landed at any place within the Colony including New boats shall Kowloon but excluding the rest of the New Territories.

10. In the foregoing by-laws the term "excretal matter" includes nightsoil and urine.

11. Every person having the care or custody of any child under twelve years of age shall prevent such child from committing any nuisance in or by the side of any street or drain or any public place.

not land excretal matter in the Colony.

Definition of excretal matter.

Duty of person in charge of children.

Dangerous and Offensive Trades.

1.-(1) It shall not be lawful to carry on any offensive trade in Licence any premises unless a licence has been issued by the Council, nor necessary unless a licence has been issued by the authority of the Governor in for offensive accordance with the terms of the Crown lease of the lot upon which trade. such premises are situated, where such licence is required.

(2) Every licence shall expire on the 31st day of December and shall be for a period not exceeding one year.

(3) Where a licence is required under the Crown lease of the lot upon which the premises are situated, such licence will be indorsed on the licence issued by the Council, and signed by the officer duly authorised for that purpose.

before a

2.-(1) Licences shall be issued only in respect of premises that Require- are substantially built, adequately lighted and ventilated to the satis- ments to be faction of the Council and drained in accordance with the provisions fulfilled of the Buildings Ordinance, 1935, and the regulations made there- licence is under. The ground surfaces of such premises shall be paved with granted. good concrete laid down at least six inches thick and the surface thereof shall be rendered smooth and impervious with asphalt, cement or such other material as the Council may approve. The interior surfaces of all walls, which must be substantially built of brick or stone, as well as the surfaces of the brick or stone supports of the pans and other utensils, shall be rendered smooth and impervious to the height of at least seven feet from the floor level with asphalt, cement or such other material as the Council may approve.

(2) All such premises shall be provided to the satisfaction of the Council with proper and adequate urinal and privy accommodation for the use of the work-people employed therein.

3. Every licensee shall cause all materials which have been Storage of received upon the premises where his trade is carried on, and which materials. are not immediately required for use, to be stored in such manner and in such a situation as to prevent the emission of noxious or injurious effluvia or the spread of vermin therefrom.

4. Every licensee shall cause the internal surface of every wall Premises upon the premises where his trade is carried on to be thoroughly to be cleansed, and, after being so cleansed, to be thoroughly washed with periodically hot limewash during the months of January and July of each year.

cleansed and limewashed.

clean up.

5. Every licensee shall, at the close of every day, cause all fat, Daily tallow, grease, refuse or filth which has been spilled or splashed, or has fallen or been deposited, upon any floor, pavement, or wall upon the premises where his trade is carried on to be collected therefrom by scraping or some other effectual means of cleansing, and, unless it is intended to be subjected to further trade processes on the premises, forthwith removed from the premises. All apparatus must be kept in a cleanly and wholesome condition.

6. Every licensee shall cause every part of the internal surface of Walls and the walls and every floor or pavement upon the premises where his floors to be trade is carried on to be kept at all times in good order and repair

                               kept in so as to prevent the absorption therein of any liquid filth, or refuse,

                               repair. or any noxious or injurious matter which may be splashed or may fall or be deposited thereon.

Care of vapours and dust.

Persons

other than the care- takers and those engaged in work not to pass the

night on

the premises.

Partitioning

off of sleeping accommoda- tion.

Require- ments with regard to drains.

Access to members of Council, etc.

Restrictions

as to children.

Council may require the adoption of special

measures.

Provisions

to be posted

820

7.-(1) Every licensee shall adopt the best practicable means of rendering innocuous all vapours or dust emitted during the process of manufacture upon the premises where his trade is carried on.

(2) He shall in every case where boiling is a necessary part of the process of manufacture either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or he shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus and then through a fire, in such a manner as effectually to consume the vapour or to deprive the same of all noxious or injurious properties.

8. No persons (other than two caretakers in respect of each block of buildings) shall be allowed to pass the night in any of the rooms used as work rooms unless actually engaged in carrying on works connected with the trade.

9. Where any part of a floor to which the licence relates is used for sleeping purposes, such part shall be partitioned off from the remainder of the floor to the satisfaction of the Council; and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted in the part so partitioned off for sleeping purposes.

10. Every licensee shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. He shall, where it is in the opinion of the Council necessary so to do, provide the drains on his premises with the appliance known as a grease trap and shall not pass or permit to be passed any hot (i.e. exceeding 100° Fahr. in temperature) liquid refuse into the drains or sewers. He shall also provide drainage by open channels, where it is in the opinion of the Council necessary so to do.

11. Every licensee shall, at all times, afford free access to every part of the said premises to any member of the Council, Health Officer or Sanitary Inspector.

12. No person under the age of twelve years shall be permitted upon any premises used for the trade of rag-picking, rag-storing, hair- cleaning, feather-storing or feather-cleaning.

13. The Council may require the adoption of such special measures and appliances as may seem to them to be necessary in the case of dusty offensive trades for mitigating as far as possible the danger and nuisance arising from the dissemination of dust through the atmosphere of the premises, and in the case of the trade of rag-picking, rag-storing, hair-cleaning, feather-storing or feather-cleaning, for disinfection of the premises and the materials used for the destruction of vermin therein.

14. The licensee shall cause a duly authenticated copy of these by-laws in English and Chinese to be hung up in a conspicuous position in premises. in his premises.

Duty of occupier

with egard

to offensive matter.

Lands and premises to be kept in such a state as not to

he a

nuisance.

Domestic Cleanliness and Prevention of Disease.

1. No occupier of any house or premises shall keep or allow to be kept in any part of such house or premises for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or any noxious or offensive matter, so as to be a nuisance, or shall suffer such receptacle to be in a filthy or noxious state, or shall fail to employ proper means to remove the filth therefrom and to cleanse and purify the same.

2. The occupier of any land or premises, and in the case of un- occupied land or premises the owner thereof, shall keep such land in such a state as not to be a nuisance, or offensive, or an annoyance to anyone living in the neighbourhood, and in such a state as not to cause or to be likely to cause danger or be prejudicial to health, and in parti- cular he shall : -

(a) prevent the accumulation anywhere therein or thereon of dead vegetable matter, refuse, manure or of any other noxious or unsightly matter.

821

(b) keep down the growth of useless vegetation therein or thereon.

3. It shall be the duty of the occupier of any domestic building at Domestic all times to cause such building to be kept in a cleanly and wholesome sanitation condition and see that the drains, traps, gratings, fall-pipes and duties of sanitary fittings and appliances are kept free from obstruction and in occupier. an efficient state of repair.

cleansed and

4. Every domestic building, within the areas mentioned in Domestic this by-law shall, unless specially exempted by the Council, buildings be cleansed and lime-washed throughout by the owner, to the satis- to be faction of the Council, not less than once in every year during periodically the periods mentioned below opposite such areas, and notice in writing limewashed. that such cleansing and limewashing has been completed shall be sent by the owner to the Secretary within three days after the date of completion Provided that the provisions of this by-law shall not apply to domestic buildings within the Hill District or Mid-level Dis- trict nor to domestic buildings in Kowloon south of Austin Road except Canton and Haiphong Roads nor to such parts of domestic buildings as are used solely as shops, offices or godowns.

Area No. 1.-Island of Hong Kong.

That portion of the City of Victoria east and including Gilman Street and Peel Street and the villages or districts known as Wong Nei Chung, Tai Hang, Tung Lo Wan, Tsat Tsz Mui, Whitfield, Quarry Bay, Sai Wan Ho and Shaukiwan as far as the Tin Hau Temple, Shaukiwan.

Area No. 2.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Gilman Street and Peel Street as far as and including Tank Lane and Cleverly Street.

Area No. 3.-Island of Hong Kong.

That portion of the City of Victoria west of but excluding Tank Lane and Cleverly Street.

Area No. 4.--Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon east of and including Nathan Road and its extension as far as the northern boundary of Kowloon, thence east of a straight line drawn due north to the northern boundary of New Kowloon.

Area No. 5.-Kowloon and New Kowloon.

That portion of Kowloon and New Kowloon west of but excluding Nathan Road and its extension as far as the northern boundary of Kowloon, thence west of a straight line drawn due north to the northern boundary of New Kowloon.

Period during which cleansing and limewashing

is to be done.

October and November.

December and January.

February and March.

October and November.

December and January.

5. In any case where, on receipt of the notice mentioned in Council's by-law 4 or on the expiry of the several periods set out in the said power to by-law, it appears to the Council that the provisions and cleanse and requirements of the said by-law have not been completed to the limewash. satisfaction of the Council, the Council shall have full power after fourteen days notice to the owners given in writing to enter on the premises and thoroughly to cleanse and limewash the said premises, and the cost of such cleansing and limewashing shall be paid by the owner of such premises at a rate to be fixed from time to time by the Council and published in the Gazette.

6. The Council shall, if satisfied that any domestic building Council to is in a dirty condition, give notice to the owner or occupier to have issue notice such building, in respect of which the notice is given, thoroughly to owner or cleansed and limewashed within a period of one week from the date of occupier to receipt of such notice, and such owner or occupier shall cleanse and limewash limewash such premises in accordance with the requirements of such notice.

cleanse and

dirty

domestic buildings.

Special periodical cleansing to prevent or mitigate disease.

Conduct of special

periodical cleansing and com-

pensation for damage.

822

Prevention and Mitigation of Disease.

7. The Council may at any time with a view to the prevention or mitigation of any epidemic, endemic, contagious or infectious disease direct that a periodical cleansing shall be made of all the premises in any district or districts in which the Council may consider such cleans- ing necessary, Such periodical cleansing shall be carried out either by the staff of the Sanitary Department or by the inmates under the supervision of an officer of the Department to the satisfaction of a Health Officer or of such other officer as may be appointed for that purpose by the Council, and due notice of such cleansing shall be given to the inmates of such premises and such inmates may have all the furniture and goods removed therefrom.

All care shall be taken to prevent unnecessary interference with business, and, if the weather is unfavourable, the cleansing shall be discontinued or carried out in such a way as shall not expose the inmates and their effects and furniture to the weather.

8. The Council may declare any epidemic, endemic, contagious or infectious disease to exist in any district or districts, and may direct that in such district or districts or any portion thereof a special general cleansing and disinfection of the premises shall be carried out under the direction of any officer of the Sanitary Department and to the satisfaction of a Health Officer. Such cleansing and disinfection may include the removal or destruction or both of any lath and plaster or other hollow partition wall, or any partition, screen, panelling, wainscotting, skirting, stairlining, ceiling or other similar structure, or any fittings or any portion of such wall, structure or fitting, if in the opinion of a Health Officer such removal and destruction are necessary. Compensation for such removal or destruction shall be given by the Council unless it is proved on behalf of the Council that the wall, structure or fitting removed or destroyed has been unlawfully erected or maintained. Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Council, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these by-laws. In any case in which the amount claimed for compensation exceeds two hundred and fifty dollars, an appeal shall lie from the decision of the Urban Council as to the amount of the compensation to the Governor in Council whose decision thereon shall be final and conclusive: Provided however that no such appeal shall lie unless notice thereof shall have been given to the Clerk of Councils within fourteen days from the date upon which the appellant shall have been notified by the Urban Council of any such decision as aforesaid,

The Urban Council shall decide in each case whether the com- pensation, if any, is to be paid to the owner or to the occupier, and payment in accordance with the decision of the Urban Council shall bar any further claim to compensation by owner or occupier. Provided that nothing in these by-laws shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

The provisions of this by-law shall apply to the premises in any district in respect of which a special general cleansing and disinfection has been directed by the Council.

The Maintenance of Adequate Lighting and Ventilation. 9.-(1) No owner or occupier of any building shall partition off, or allow to be partitioned off, by means of any structure either perman- prohibited. ent or temporary, any portion of any room in any domestic building without the approval of the Council expressed in writing.

Unauthorised partitions

Ventilation

openings to be kept free from obstruction.

(2) Plans of any proposed alterations shall be submitted to the Building Authority for comment before approval is given or work commenced.

10. The occupier of any domestic building shall at all times keep the windows and ventilating openings free from obstruction unless prevented by inclement weather or by the illness of any person occupy- ing such building.

823

Restrictions on Sale of Certain Food-stuffs.

11.-(a) No person shall sell or offer for sale any fresh fruit unless Sale of the same is whole, that is to say, uncut and unpeeled.

certain food-stuffs

occasions.

(b) Except under a permit in writing signed by the Chairman of prohibited the Council and by a Health Officer, no person shall sell or offer for on declared sale ice-cream, or any frozen or chilled preparation known as "ice- cream", or any non-aerated drinks in the preparation of which fruit juice or herbs (other than tea) are used, or the jellies known as Leung Fan (凉粉) and Man Tau Lo (饅頭蘿)

Provided that this by-law shall be in abeyance unless at any time the Urban Council, with the approval of the Governor in Council, determines and declares that an occasion exists which, for the preven- tion as far as possible of any epidemic, endemic, infectious or con- tagious disease, necessitates the same being brought into force, and thereupon and on the publication of such declaration in the Gazette, and so long as any such declaration shall subsist, this by-law shall be in force in the district or districts to which the same is or may be applied.

Latrine Accommodation.

1. Every pail latrine shall be in accordance with the following Construction requirements:-

of pail latrines.

(a) It shall be provided with its own pail which shall be of a pattern approved by the Council,

(b) The base of the compartment holding the pail and the walls of that compartment up to the squatting platform or seat and for a height of three feet above it shall be plastered with cement or other impervious material of a thickness of at least half an inch. All internal angles shall be half round in section.

(c) The pail must be so placed that all excreta shall fall directly into it, urine guards being provided for this purpose. The pail shall accurately fit the place provided for it and shall as far as possible occupy the whole of such space.

(d) The hole in the platform or seat shall not be more than eighteen inches long and one foot broad.

(e) The pail compartment shall be arranged in such a manner as shall enable the pail to be readily removed and replaced and the floor and sides of the compartment to be easily cleansed.

2. Any person erecting temporary sheds for workmen shall provide such latrines and pails as may be required by the Council and shall such fees for removal of night-soil as may be fixed by the Council.

pay

Sheds for

workmen to be provided with latrines.

3. The Council may by notice require the owner or person Council may having control of any latrine to alter, repair or remove it if considered order repair to be defective, or to cleanse, whitewash or otherwise disinfect it at or removal any time.

of latrine.

provided for

4. The occupier of any premises upon which any water closet or Proper urinal has been or hereafter shall be constructed, or, if there be no

                                    water supply occupier, the owner or immediate landlord, shall provide a constant to be and adequate supply of water, stored in accordance with the Drainage water closet Regulations from time to time in force, for the flushing of every such or urinal. water closet and urinal and shall maintain every such water closet and urinal in a thoroughly efficient and cleanly condition.

Latrines (Public).

1. Every public latrine together with its fittings shall be kept at Public all times in a thorough state of repair.

latrines to be kept in repair.

2. Every public latrine shall be kept at all times in a cleanly Public condition.

latrines to be kept clean.

3. While open to the public, every latrine shall have at least one Attendant able-bodied adult attendant constantly on duty therein.

to be constantly on duty.

Seats,

floors, etc., to be

scrubbed

daily.

Walls to be

824

4. All the partitions, seats, floors and channels of every public latrine, as well as all utensils therein, shall be thoroughly scrubbed at least once every day.

     5. The whole of the interior walls of every public latrine shall be whitewashed limewashed and any fittings made of wood shall be tarred at least

once every month.

and wood tarred monthly.

Fumigants to be kept burning.

Contents to

be covered

with

approved

material.

Excretal matter to be removed daily.

Latrines to be adequately lighted.

Latrines not to be used as dwellings.

6. Fumigants of such description as may be approved by the Council shall be kept burning in every latrine while it is open to the public.

7. The contents of soil pans in public latrines shall be kept covered with either earth, sawdust, opium-packing or such other suitable material as the Council may approve.

8. The excretal matter collected in public latrines shall be remov- ed therefrom daily by the public conservancy contractor, as provided by the terms and conditions of his contract, or if a departmental service is provided by the servants of the Sanitary Department.

9. Every latrine open to the public before sunrise or after sunset shall be at such times adequately lighted.

10. No building used as a public latrine shall be used as a dwelling.

Public Laundries to be registered.

Laundries.

1. Every public laundry shall be registered at the office of the Council.

Laundries

     2. Every public laundry shall be at all times open to inspection to be open to by any member of the Council or Health Officer or Sanitary Inspector. inspection.

Lighting,

3. Every public laundry shall be adequately lit and ventilated ventilation to the satisfaction of the Council, and the ground surfaces shall and paving. be paved with a layer of not less than 6 inches of good lime-concrete, of not less than 3 inches of cement-concrete composed of one part of cement, 3 parts of sand, and 5 parts of stone broken to pass through a one inch ring, and the surface thereof shall be rendered smooth and impervious with a layer of asphalt or cement-mortar of not less than half an inch in thickness or such other material as the Council may approve.

Drainage

4. Every public laundry shall be so drained as to be in accordance with the requirements of the Buildings Ordinance, 1935, and all with require inlets to the drains shall be placed outside the building.

to comply

ments of

Buildings

Ordinance,

1935.

Require-

ments re cleansing.

Laundries

not to be used as dwellings.

Restriction

of dwellers

to two

caretakers.

5. Every public laundry shall be at all times kept in a cleanly condition and the inside surface of the walls thereof shall be lime- washed during the months of January and July of each year.

6. No portion of any laundry shall be occupied as a dwelling place or used for the purpose of cooking food.

7. No persons, other than two caretakers, may occupy any building or part of a building which is registered as a public laundry, between the hours of 11 p.m. and 5 a.m., unless such persons are actively engaged in carrying on the work of the laundry.

-

825

8.-(1) No person suffering from any skin disease, leprosy, tuber- Precautions culosis or infectious disease, shall enter, live, work, or be employed against on any premises used as a public laundry.

spread

of skin diseases or

(2) The occurrence of any infectious or contagious disease on any infectious premises used as a public laundry shall immediately be reported to the diseases. Health Officer by the licensee.

(3) No public laundryman shall knowingly receive any article whatsoever from or belonging to or used by any person living in any house where there is an infectious or contagious disorder.

9. (1) All utensils used in a public laundry shall be kept in a Sanitary clean and sanitary condition.

(2) No dogs, poultry or domestic animals shall be kept on the premises of a public laundry.

(3) No person shall sit, recline or sleep amongst the clothes in any public laundry or on any bench, table or cloth used for laundry work.

(4) No dirty or polluted water shall be used for laundry work.

(5) No person shall commit a nuisance in any public laundry.

(6) Separate rooms shall be used in every public laundry for:--

(a) the reception of dirty clothes.

(b) the storing of clean clothes.

require- ments.

10.-(1) No person shall spit in any public laundry except into Spitting. spittoons provided for the purpose.

(2) The registered proprietor shall cause to be continuously dis- played, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Council, and in a language prescribed by the Council, requiring all Provided persons present on the premises not to spit on the floor: that the Council may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

(3) The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and, in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuous- ly in such spittoons while in use, and shall thoroughly cleanse them. daily at the close of business.

Mosquito Prevention.

1. The occupier of any land or premises, and in the case of Action with unoccupied land or premises, the owner thereof shall keep such land regard to

                                  mosquito or premises in such a state as not to favour the existence or propagation nuisance. of mosquitoes and in particular shall:-

(a) keep the said land or premises clear of empty tins or other disused or unused matter or receptacles capable of retaining water and prevent the accumulation of such matter or receptacles except in a place suitable for their disposal and in such a manner that they are not liable to retain water.

(b) prevent the formation anywhere therein of pools or of waste or stagnant water or sullage, and prevent the making of any excavation on the said land likely to retain water, without the previous permission of the Council in writing.

(c) keep clean any cistern, water-butt or other receptacle used for the storage of water, and keep the same covered or protected in such a manner as to prevent the breeding of mosquitoes therein.

Notice.

Scaffolding.

826

2. Whenever it appears to the Council that any land or any pond, tank, well, spring, seepage, drain, stream, water-logged ground or swamp, or other collection of water therein, is likely to be prejudicial or dangerous to health or a nuisance or offensive to health or favourable to the existence or propagation of mosquitoes, the Council may by notice in writing require the owner of the land to take, within a reasonable time to be specified in the notice, such action in regard to such land or pond, tank, well, spring, seepage, drain, stream, water- logged ground or swamp, or other collection of water thereon, as may in the opinion of the Council be necessary to prevent the land or water thereon being prejudicial or dangerous to health or a nuisance or offen- sive to health or favourable to the existence or propagation of mos- quitoes.

3. No bamboo or other scaffolding shall be erected or maintained in which there is any exposed cavity capable of retaining water.

Right of Council in respect of refuse.

Sites for disposal

of refuse.

Scavenging

to be done depart- mentally or by contract.

Servants of con- tractors

to wear distinguish- ing badges.

Duties of owners and occupiers

with regard to refuse.

Scavenging.

1. The Council shall have the exclusive right to collect and remove, or to delegate to others the right to collect and remove, all refuse, and all matter so collected shall be the property of the Council who may sell or otherwise dispose of it.

2. A site or sites may be provided by the Council on which refuse of any description shall be deposited and disposed of as the Council may direct.

3.-(1) The Council shall provide a departmental service or em- ploy contractors for the general surface scavenging of the following districts:

(a) The City of Victoria.

(b) The Hill District.

(c)_The_Villages or districts of Shaukiwan West, Sai Wan Ho, Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Chuen Lung, Ma Shan Ha, Fu Tau Fat, Tsin Shui Ma Tau, A Kung Ngam, Aberdeen, Apli- chau, Stanley and Tai Tam, and such other portions of the Island of Hong Kong as the Council shall from time to time determine.

For the purposes of these by-laws the Council may determine the boundaries of any such village, district or portion.

(d) Such portions of Kowloon (including New Kowloon) as the Council shall from time to time determine.

(2) Such contractors are hereinafter referred to as scavenging contractors.

4. Every servant of a scavenging contractor shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Council.

5.-(i) The occupier, or, if there be no occupier, the owner or the immediate landlord, of any house or promises situated within any of the districts specified in by-law 3 shall provide himself with a sufficient number of strong substantial movable dust-bins or dust-cans, con- structed of impervious material and fitted with closely fitting covers and of a pattern approved by the Council, and shall deposit therein from day to day all refuse which has accumulated in his house or premises. He shall also, at such a time or times as may be fixed and notified by the Council, make due provision for the daily removal from his premises of all refuse and other objectionable matter to the refuse-lorries, dust-bins or dust-boats provided by the Council.

He shall also give access to any authorised person for the purpose of scavenging and removing refuse from any part of such premises, and, if the open space appurtenant to such premises be enclosed, the door or gate shall be opened for such purpose whenever required.

1

}

....

827

(ii) The Council may in lieu of the procedure provided by para- graph (i) of this by-law require such owner, occupier or landlord of any such house or premises to empty such dust-cans or dust-bins at least once daily, at such time or times as the Council may appoint, into receptacles provided by the Council.

(iii) No person shall place any dust-can or dust-bin in the aforesaid positions or empty the contents thereof except at the times appointed.

for convey- ance of

streets.

6.-(1) The Council may from time to time fix the hours within Power of which only it shall be lawful to move any manure or decaying fish or Council to decaying rice or other offensive matter, and when the Council has fixed fix the hours such hours and given the public notice thereof, any person who moves or causes to be moved or conveyed along any street any such offensive offensive matter at any time except within the hours so fixed, or who at any matter time, whether such hours have been fixed by the Council or not, uses through the for any such purpose any cart, carriage or other receptacle or vessel not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or who slops or spills any such offensive matter in the conveying thereof, or who does not carefully sweep and clean every place in which any offensive matter has been slopped or spilt, or who places or sets down in any public place any vessel containing such offensive matter, or who drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through or by any street or route other than such as may from time to time be appointed for that purpose by the Council by public notice, shall be liable for a first offence to a fine not exceeding ten dollars and for a second or subsequent offence to a fine not exceeding twenty-five dollars.

(2)(a) The hours within which only it shall be lawful so to Special convey or move pigwash shall be between midnight and 9 a.m., and provisions the pigwash shall be conveyed or moved in strong substantial buckets in respect of pigwash. with closely fitting covers and of such pattern as may from time to time be approved by the Council.

(b) No pigwash shall be conveyed in any boat or vessel except in such buckets as aforesaid or, if in bulk, in water-tight tarred holds with closely fitting hatches.

(c) All pigwash, if not placed in such a boat or vessel, must be conveyed direct to a licensed pigsty.

(d) No pigwash shall be emptied, discharged, deposited or placed in, or conveyed to, over or upon, any gully, drain, sewer or any inlet thereto.

(e) No pigwash shall after removal from any premises be emptied, discharged, deposited or placed in, or conveyed to, any place except a licensed pigsty.

7. No unauthorised person shall rake or grub in any dust-bin, dust-can or scavenging cart, or remove or scatter the contents thereof.

Interference with dust- bins by un- authorised persons prohibited. Dumping of

8. No person shall throw or deposit or cause to be deposited any corpse or carcase or any part thereof into any public street, public corpses or ground or open space, verandah, lane, thoroughfare, drain, river, canal carcases or water-course, or on the banks of any river, canal or water-course, prohibited. or in the harbour.

9. No person shall throw or deposit, or permit his servants or Deposit of members of his household under his control to throw or deposit, any refuse in earth or materials of any description, or refuse or offensive matter of drains, etc., any kind, into or upon any street, sewer or drain, or upon any vacant or unoccupied land.

prohibited.

10. All household refuse shall be regularly removed by the Council Duty of from every street on land held under lease from the Crown.

Council to

remove refuse from streets.

To

828

SCHEDULE B.

[s. 28 (7).]

FORMS.

URBAN COUNCIL OFFICE,

Hong Kong,

19.......

Notice is hereby given to you on behalf of the Urban Council that the nuisance specified hereunder is found to exist in your premises No......

    ....and that you are, therefore, hereby required within..

from the time of the service upon you of the present notice to abate such nuisance in the manner hereunder set forth.

By order of the Urban Council,

Secretary.

Nature of nuisance

Action to be taken for the abatement of the nuisance.......

Objects and Reasons.

1. In his report on the need for reorganisation of the Medical and Sanitary Services of the Colony the Director of those Services recommends that the Public Health and Buildings Ordinance (No. 1 of 1903) which deals with building construction, sanitation, infectious diseases control, food control, etc., etc., should be broken up into a number of Ordinances each dealing with its particular branch of the Public Health Complex.

2. This Ordinance contains all the provisions of No. 1 of 1903, together with certain provisions of other legislation, which it is considered suitable to group under sanitation.

3. A Table of Correspondence attached to the Ordinance shows the origin of the various sections.

February, 1935.

C. G. ALABASTER,

Attorney General.

...

829

PUBLIC HEALTH (SANITATION) ORDINANCE, 1935.

TABLE OF CORRESPONDENCE.

In this table

A refers to Public Health and Buildings Ordinance, 1903.

Sections are indicated by plain numbers; by-laws by numbers with symbol b, as 3b; rules by numbers with symbol r, as 3.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

PART I.

Corresponding provision of other enactment.

(Preliminary).

Short title

Saving as to tenancy contracts

Interpretation :

Animals

Author of nuisance

Bake-house

Balcony

Basement

Building

Building Authority

Cattle

Cockloft

Colonial Veterinary Surgeon

1

2

A5

A6

New

A6 (2)

6 (4)

6 (5)

6 (6)

6 (8) modi-

fied

6 (9) modi-

fied

6 (12)

6 (38)

6 (15A) medical

prectitioner

omitted.

Council

Cubicle

Dangerous trade

Domestic building

External air

New

A6 (17) first

part.

A6 (21)

6 (22)

6 (26)

830

Table of Correspondence,-Continued.

Public Health (Sanitation)

Marginal Notes.

Ordinance,

1935.

Corresponding

provision of other enactment.

Factory

Floor

Health Officer

Hill District

Householder

Factories, etc. Ordinance, 1932

A6 (29)

New

A6 (32) ("ex- cept Chinese villages" omit- ted.)

6 (33)

Latrine

6 (35) ampli-

fied

New

Latrine accommodation

New

Pail latrine

New

Water closet

Mid-level District

Occupier

Offensive trade

New

A6 (42)

6 (43)

amplified.

6 (44)

Owner

6 (47)

Person

6 (48)

Premises

Public building

6 (49)

Public latrine

6 (50)

New

Refuse

Room

Secretary

Storey

Street

Tenant

Tenement

A6 (51) modi-

fied

6 (52)

6 (53) modi-

fied

6 (54) ampli-

6 (55)

fied

New

Tenement house

Urban District

A6 (56)

A6 (57) ampli-

fied

1

831

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

Verandah

6 (58)

Vessel

6 (59)

Window

Working class tenement house

Works

6 (60A)

New

6 (61)

A6 (62)

Workshop

Matters with regard to which the

4

A16 Revised.

Urban Council has make by-laws

power to

By-laws subject to approval of

5 (1)

A17

Legislative Council

By-laws in Schedule A validated)

5 (2)

PART II.

(Sanitary Staff-establishment,

powers and duties).

Establishment of Sanitary staff

CO

6

New

Position of D.M.S.S.

7

New

Power of entry to search for infec-

tious discase

8

A21

Additional powers of entry for Health

A 22

Officers

Special authority to inspect for over-

crowding

10

A24

Authority necessary for opening

ground surface

11

Alb (Entry

and Inspection

of buildings.)

Secretary to furnish authority grant-

12

A2b (Entry

ing special power of entry to inspect for overcrowding

and Inspection

of buildings.)

Entry between midnight and 6 a.m. prohibited except under special permit

13

A3b (Entry

and Inspection

of buildings.)

Power of Magistrate to authorise officer to enter and inspect premises

14

A264A

Means of access to buildings from

scavenging lanes

15

A181 (2) s.s. (2) is new.

Power of arrest

16

New

832

Table of Correspondence,-Continued.

Marginal Notes.

PART III.

(Sanitary Provisions).

Nuisances

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

17

17 (3) "over- crowded" added 17 (8)--New. 17 (12)-New.

17 (13) to (18) are new but have counter- parts in S.S. and F.M.S. by-laws.

17 (19) "black" omitted before

A26 with

additions

"smoke" to

conform with

English legis-

lation.

A26 (12)

Power of Health Officer to inspect

premises where existence nuisance presumed

of

18

A27

Penalty for refusing admittance

19

A28

Action where mosquito larvae found

on premises

20

Alb

(Pre-

Council may serve notice requiring

abatement of nuisance

21 (1) & (2)

(3)

Council may serve notice directing

compliance with by-laws

22

Council may review notice.

2 23

vention of dis-

semination of

disease by mos-

quitoes) "and" for "or" in fourth line.

A29

New

A30

A31

On non-compliance with notice com-

plaint to be made before magistrate

a

24

A32

Power of magistrate to make an order

dealing with a nuisance

25

A33

Order prohibiting use, etc., of build- ing unfit for human habitation or for animal habitation

26

A34 amplified.

Penalty for contravening order of Magistrate or for defacing any copy of such order

27

A35

Competent authority re nuisances

28

A230

Form of nuisance notice

28 (7)

A36

نعم

833

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

Wells not to be sunk or reopened

without permission of the Council and B.A. cf. s. 114 Buildings Bill

29 (1)

A213

(redrafted)

Construction of wells

29 (2)

A213

Excavation allowing stagnant water

30

A214

Closing of insanitary wells

31

A215

Obstruction in open spaces prohibited

32 (1)

A175 (3)

Prohibition of partitions, cf. s. 58 of

Buildings Bill

32 (2)

A139

Rooms to be properly lighted

3333

A153

Governor in Council on representation

of the U.C. may order demolition of storeys, provision of additional windows, and other works in certain cases, subject to com- pensation

34

A154A

Obstruction of windows prohibited

35

A155

Conditions under which cubicles may

be erected and maintained

36

A154

Closure of premises containing un-

authorised cubicles and parti- tions by order of Magistrate

37

A263

Magistrate may order demolition and removal of cubicles, partitions, etc., which do not comply with provisions of the Ordinance

38

A264

Inadequate provision of latrine ac- commodation to be dealt with by the Council

39

A165

Latrines not to be connected directly

with drains

40

A159

Daily cleansing of pail latrines

41

164 (last

Water closets and water flushed

urinals

42 (1) & (2)

42 (5) & (8) 42 (4)

two lines)

A162

(amended and

redrafted). Colonial Secre- tary" omitted. "Fourteen days"

for "three" months".

Measurement of buildings as first step towards prevention of over- crowding

Calculation of cubic space

43

Ab (over

crowding)

44

A49 & 50 (combined)

834

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation)

Ordinance,

1935.

Corresponding

provision of other enactment.

Limit of accommodation

45

A46

Lessor responsible for overcrowding

46

A47

Steps to be taken to abate over-

crowding

47

A48

Limits of fittings for sleeping ac-

commodation

48

A51

Kitchen not to be used as sleeping

room or latrine

49

A49

(redrafted)

Basements not to be occupied with-

out permission

50

A45

Sanction of Council necessary for

erection of public latrines

51

A166

Council may apply to Government for additional public latrines

52

A167

Notification

of intention to erect

public latrine

53

A168

Objection to erection of public latrine

54

A169

Resolution of Legislative Council

where objection is made

55

A170

No injunction to be granted or suit

to be brought in certain coses

56

A171

Existing public latrines protected

from injunction

57

A172

Council to control public latrines

58

A173

Saving of existing rights

59

A174

LAUNDRIES

Council may restrict washing of clothes by washermen to public laundries.

60

A41

MAINTENANCE OF SANITARY

CONDITIONS IN FACTORIES

Nuisances in factories or workshops

61

A43

Proper latrine accommodation to be

provided

62

A163

Maintenance of cleanliness

63

New

Limewashing

64

New

Avoidance of effluvia

65

New

835

Table of Correspondence,-Continued.

Public Health

(Sanitation)

Marginal Notes.

Ordinance, 1935.

Corresponding

provision of other enactment.

Accommodation according to air-

space

Number of occupants to be posted

Maintenance of ventilation

DANGEROUS, UNHEALTHY AND OFFENSIVE TRADES

Special permission of Council neces- sary before any dangerous or offensive trade can be established

Council may prohibit domestic oc- cupation of dangerous trade building

KEEPING OF CATTLE, SWINE, etc.

66

New

67

888 28

68

New

69

A 42

70

A44

Licences required for keeping cattle,

swine, sheep or goats

71

A52

Prevention of suffering

1232

72

A53

836

Table of Correspondence,-Continued.

Public Health

Marginal Notes.

(Sanitation) Ordinance, 1935.

Corresponding

provision of other enactment.

PART IV.

(Disposal of the Dead).

Governor in Council may authorise

use of places for cemeteries and Urban Council may set apart portions for urn cemeteries

73

A90 Revised.

Authorized cemeteries

Closed cemeteries

Penalty for burial outside a cemetery

74

A91

Exhumation and removal of remains, except by permit, prohibited

.75 (1)

A92 (1)

Persons to whom permits may

be issued

(2)

(2)

Authorities for issuing permits

(3)

(3)

Board may grant permits to

managers of cemeteries

(4)

(4)

Governor may grant permits

· (5)

(5)

Permitting authority may pre-

scribe conditions

??

(6)

(6)

Permit where grave held under

Crown Lease

(7)

(7)

Power of Governor to remove

any body or remains

Six months notice required

Duty of Secretary for Chinese

Affairs

Fitting and proper arrangement

to be made for reburials

37

(8)

""

(8)

(9)

""

(9)

""

(10)

(10)

(11)

(11)

Power of Chairman of Council to dispose of body buried with-

out permission

Removal of grave or urn

Abatement of urn nuisance

Records to be kept at office of

Council

Powers of magistrate

19

(12)

,, (12)

(13)

(13)

"

(14)

New

""

(15)

A92 (14)

(16)

(15)

837

Table of Correspondence,-Continued.

Public Health

(Sanitation)

Corresponding

Marginal Notes.

Ordinance,

1935.

provision of other enactment.

PART V.

(General).

orders

Service of notices,

Penalty for contraventions

summonses or

30

76

A235

77

A255

Recovery of penalties

78

Penalty for building nuisance

888

A256

Redrafted.

79

A257

Penalty for refusing to obey Magis-

trate's order for obstructing Health Officer

80

A258

Penalty for other contraventions

81

A259

Liability of secretary or manager of

company

Proceedings against several persons

888

82

A261

83

A262

Appeal to Governor in Council against

decision of any person entrusted with power under this Ordinance

84

A265

Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law

85

A265A

Order of Governor in Council enforced

by the Court

86

A265B

Reimbursement of expenses to the

Council

87

A93

Recovery of expenses by the Council

under Ordinance No. 6 of 1875

88

A94

Granting of certificates by Council

89

A95

Obstruction of streets prohibited

90

90

A185

Submission of claim

91

A251

Appointment of arbitrators

92

A252

Principles on which compensation to

be based

3333

93

A253

Vacancies among arbitrators

94

A254

838

Table of Correspondence,-Continued.

Marginal Notes.

Public Health (Sanitation) Ordinance,

1935.

Corresponding

provision of other enactment.

MISCELLANEOUS

Breach of condition of modification or

exemption

95

A265C

Registration of modification and can-

cellation thereof

96

A265D

Limitation of personal liability of

members of the Council, Build- ing Authority and others

97

A269

Protection of persons acting under

the Ordinance.

(Ordinance No.

31 of 1911, s. 48).

98

A270

Application of Ordinance to New

Territories, etc.

99

A267

(simplified)

Saving of certificates, etc. granted

under Ordinances repealed

100

A268

Commencement

101

New

839

TABLE SHOWING THE SOURCE OF THE BY-LAWS IN THE SCHEDULE OF THE SANITATION BILL.

By-law No.

Source.

Remarks.

Basements.

1.

A. 1b (Basements)

2.

A. 2b

1.

Paragraphs (ii) (iii) and (iv) omitted.

"Clear of any obstruction to the

light" for "glazed".

"or that such basement-to the back

wall" omitted.

Cattle, Swine, etc.

A. 1 (Cattle-sheds,

etc.)

2.

A. 2b

3.

A. 3b

4.

A. 4b

"nett area" deleted.

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

All after "such animals" in line 3

omitted.

9.

A. 9b

10.

A. 10b

11.

A. 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 57

Redrafted.

Cemeteries.

Now made applicable to all ceme-

teries.

*

1.

A. 1b (Cemeteries)

2.

A. 2b

3.

A. 3b

amplified.

4.

A. 4b

ம்

5.

A. 5b

6.

A. 6b

7.

A. 7b

8. A. 8b

"or an order of a magistrate" added

-cf. s. 75 (16) of Bill.

By-law No.

Source.

9.

A. gb

10.

A. 10b

11.

A 11b

12.

A. 12b

13.

A. 13b

14.

A. 14b

15.

A. 15b

16.

A. 16b

17.

A. 17b

18.

A. 18b

19.

A. 19b

20.

A. 20b

21.

22.

A. 21b

840

Remarks.

"Except on an order of a magistrate"

added.

New-a necessary addition.

Conservancy.

1.

New

2.

A. 1(2)b

3.

A. 2b

4.

A. 3(1) & C. 187b

5.

A. 3(2)b

6.

A. 4, 5, 6 & 7b

7.

A. 11 and C. 183b

8.

A. 13b

9.

A. 14b

10.

A. 15b

11.

New

Dangerous, etc., Trades.

1.

A. 2b and 3b

2.

A. 4b

3.

A. 5b

4.

A. 6b

5.

A. 7b

6.

A. 8b

amplified.

By-law No.

7.

A. 9b

8.

A. 10b

9.

Source.

841

Remarks.

New-included

on resolution of

Board of 9.10.34.

10.

A. 11b

amplified.

11.

A. 12b

12.

A. 13b

13.

A. 14b

14.

A. 15b

Domestic Cleanliness and Prevention of Disease,

1.

New

2.

New

3.

A. 1 (Domestic

Cleanliness)

4.

A. 3 (Domestic

Revised.

Cleanliness)

5.

A. 4b (Domestic

Cleanliness)

6.

A. 2b (Domestic

Cleanliness)

7.

A. 1b (Prevention

etc. of Disease)

8.

A. 2b (Prevention

etc. of Disease)

9.

New

10.

A. 1 (Domestic

Cleanliness)

last clause only.

11.

A. 9b (Prevention

of Disease)

Latrine Accommodation.

1.

New

2.

New

3.

New

4.

A. 10b (Scavenging,

etc.)

Latrines (Public).

1.

A. 1 (Latrines)

2.

A. 2b

By-law

No.

Source.

3.

A. 3b

4.

A. 4b

5.

A. 5b

6.

A. 6b

7.

A. 7b

8.

A. 8b

9.

A. 9b

10.

A. 10b

842

Remarks.

Amplified to cover possibility of

departmental service.

Laundries.

1.

A. 1b (Laundries)

2.

| A. 6b

3.

A. 2b

4.

A. 3b

5.

A. 4b

6.

New

7.

A. 5b

8.

New

9.

New

10.

A. 1A, 1B and 1Cb Combined.

1.

2.

Mosquito Prevention.

New

A. 1b (Prevention of

dissemination of

disease by mos-

quitoes).

3.

A. 2b

""

Scavenging.

1.

New

2.

New

3.

A. 1(1)b (Scaveng

ing, etc.)

4.

A. 2b

5.

A. 8b

amplified.

By-law

No.

Source.

6.

A. 11b

and 12b (Scaveng-

843

Redrafted.

Remarks

ing, etc.)

7.

New

8.

New

9.

New

10.

A. 186

Last part, redrafted.

844

Draft Bill.

No. S. 77.-The following Bill is published for general infor-

mation -

[No. 7:-15.3.35.-2.]

A BILL

Short title.

Amendment

INITITULED

An Ordinance to amend the Peak Tramway Ordinance, 1883.

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

1. This Ordinance may be cited as the Peak Tramway Amendment Ordinance, 1935.

2. Sub-section (1) of section 12 of the Peak Tramway of Ordinance Ordinance, 1883, is amended by the addition of the following

proviso at the end thereof:-

No. 2 of

1883,

s. 12 (1).

Saving of rights of the Crown

and of

Provided that, if on any such land the company shall have erected any building, or any portion of a building, for purposes other than its undertaking, such land and the whole of such building shall be deemed to be included in the under- taking unless the Governor in Council by notice in writing declares that such land and building shall be excluded from the sale.

3. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, His Heirs or Successors, or of any bodies politic or corporate, or other other rights. persons except such as are mentioned in this Ordinance and

those claiming by, from or under them.

certain

Objects and Reasons.

1. Section 12 (1) of the principal Ordinance, No. 2 of 1883, enables the Government in certain events to purchase all lands, buildings, works, materials and plant of the Peak Tramways Company Limited suitable to and used for the purpose of its undertaking. The word "undertaking" is defined in section 2 (c).

2. The Company contemplates erecting, on part of its land over the Lower Tram Station, certain residential flats and the object of this amending Ordinance is to include such flats in any sale under section 12 unless the Governor in Council by notice in writing declares that the land and the building are to be excluded from the sale. This object is effected by section 2 of this Ordinance which adds a proviso to section 12 of the principal Ordinance.

3. Section 3 of this Ordinance enacts the usual saving clause required by Article XXVII of the Royal Instructions in the case of every Bill intended to affect or benefit some particular person, association or corporate body.

C. G. ALABASTER,

February, 1935.

Attorney General.

مطر

815

NOTICES

COLONIAL SECRETARY'S Department.

No. S. 78.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

15th March, 1935.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 79.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

15th March, 1935.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

846

DISTRICT OFFICE, TAI PO.

  No. S. 80.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 27th day of March, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 7 as Building Lots, Serial Nos. 8 and 9 as Threshing Floor Lots, Serial Nos. 10 to 12 as Agricultural Lots and Serial No. 13 as an Orchard and Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 7 are further subject to Special Condition No. 2 (a). Serial Nos. 8 and 9 are further subject to Special Condition No. 1 (a). Serial Nos. 10 to 13 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification. Serial No. 13 is further subject to Special Conditions hereunder specified.

  The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $3,000, $1,500, $750, $750, $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

No. D. D.

Lot.

N.

S.

E.

W.

in Acres, or Square feet.

Price.

Upset Crown

Rent.

feet. feet. feet. feet.

$

€s

$

6

1228

Shek Ku Lung.

As per plan deposited in the District Office, North.

5180 sq. ft.

104

12.00

2

185

355

3 25

1088

Sha Tin Pai Tau.

Lung Ah Pai.

4500

90

22.00

""

900

9

1.50

4

364

64

Fo Tau Pun.

1200

12

1,50

5

5

684

Shui Wai.

870

18

4.00

19

6

177

391

Lok Lo Ha.

150

2.00

""

7

1510

Lo Shu Ling.

403

.50

ос

5

685

Shui Wai.

660

14

.10

9

686

783

16

.10

"

"

""

19

10

91

2049

Ping Kong.

*02 acre

.10

11

=

2044A

*35

39

.40

"

"1

12 92

2287

Ku Tung.

1:00

109

1.00

""

13

5

683

Shek Ku Lung.

*83

181

.90

"

SPECIAL CONDITIONS TO SERIAL No. 13.

  1. The Purchaser shall within seven days from the date of sale pay to Government the sum of $7.50 for the 60 pine trees growing on the Lot.

  2. 50% of the Lot shall be planted with fruit trees within 12 months and the re- mainder shall be cultivated within 24 months from the date of sale to the satisfaction of the District Officer, North.

15th March, 1935.

T. MEGARRY, District Officer, North.

- 847

DISTRICT OFFICE, TAI PO.

  No. S. 81. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 27th day of March, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Orchard and Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Conditions. No. 1 (a) (b) and (c) in the above Government Notification, and to Special Conditions. hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

No. D.D.

Lot.

N.

S.

E.

W.

Contents in Upset

Acres.

Annual

Crown

Price.

Rent

feet. feet. feet. feet.

$

1

187

494

Kang Hau

As per plan deposited in the District Office, North.

2:00 acres.

218

2.00

SPECIAL CONDITIONS.

1. The Purchaser shall be allowed to divert the existing path to the new alignment as shown in dotted red line on sale plan.

2. The Lot is sold subject to a right of way in favour of the owners of Lots Nos. 226, 227, 228 and 231 in D.D. 187.

  3. 50% of the Lot shall be planted with fruit trees within 12 months and the remainder shall be cultivated within 24 months from the date of sale to the satisfaction of the District Officer, North.

15th March, 1935.

T. MEGARRY, District Officer, North.

848

KOWLOON-CANTON RAILWAY, BRITISH SECTION.

   No. S. 82.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the purchase of Unserviceable Stores, Kowloon-Canton Railway ", will be received at the Colonial Secretary's Office until Noon of Friday, the 22nd day of March, 1935.

Each tenderer must attach to his tender a receipt to the effect that he has deposited The in the Colonial Treasury the sum of $25 as a pledge of the bona fides of his offer. said deposit shall be forfeited to the Crown should the tenderer refuse or fail to carry out the whole or any portion of the tender, if the whole or any portion thereof is accepted.

   Tenders will be accepted for either the whole or any lots of the list of articles, full particulars of which may be obtained on application at the Head Offices, Kowloon- Canton Railway at Kowloon.

The Government does not bind itself to accept the highest or any tender.

R. D. WALKER, Manager & Chief Engineer,

15th March, 1935.

PUBLIC WORKS DEPARTMENT.

   No. S. 83.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Proposed Drainage Depot Kowloon", will be received. at the Colonial Secretary's Office until Noon of Wednesday, the 27th day of March, 1935. The work comprises the erection of new office and stores in brick and concrete, and all contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

13th March, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

   No. S. 84. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Main Block, New G. C. H.", will be received at the Colonial Secretary's Office until Noon of Monday, the 1st day of April, 1935. The work consists of the superstructure for the Main Hospital Building.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

13th March, 1935.

R. M. HENDERSON,

Director of Public Works.

No. S. 85.

849

NOTICE TO MARINERS.

No. 18/1935.

The attention of Mariners is directed to the International Code of Signals 1931, which authorises the use of one long blast to indicate "DO NOT PASS AHEAD OF ME."

  The use of one long blast for other purposes may lead to confusion and should be discontinued.

Harbour Department,

12th March, 1935.

No. S. 55.

No. 3/1935.

G. F. HOLE,

Harbour Master, &c.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c,

850

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Intended Dividend.

No. 2 of 1933.

Re Felisberto Antonio Bernabe Fer- nandes, of No. 118, Gloucester Road, (first floor), Wanchai, in the Colony of Hong Kong, Clerk.

FIRST dividend is intended to be declar-

in this matter.

A ed

Creditors who have not proved their debts by the 16th day of April, 1935, will be ex- cluded.

A

No. 11 of 1932.

Re Luiz Gonzaga Morales, of No. 1, Kwong Ming Street, (top floor), Wanchai, in the Colony of Hong Kong, Clerk.

FIRST dividend is intended to be de-

clared in this matter.

Creditors who have not proved their debts by the 22nd day of April, 1935, will be ex- cluded.

A

No. 17 of 1932.

Re Carlos Victor Castro, of No. 14, Caroline Road, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

FIRST dividend is intended to be de-

clared in this matter.

      Creditors who have not proved their debts by the 22nd day of April, 1935, will be excluded.

A

No. 21 of 1932.

Re Gregorio Maria Xavier, of No. 334, Hennessy Road, (top floor), Victoria,

IN THE SUPREME COURT OF

HONG KONG,

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 15 of 1932.

Re Tommy James Rew, of No. 53, Johns on Road, Victoria, in the Colony of Hong Kong, Clerk.

FIRST dividend of $10.00 per cent has A been declared in the above matter.

OTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 19th day of March, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 15th day of March, 1935.

JAMES J. HAYDEN,

Official Receiver.

in the Colony of Hong Kong, Clerk: A

SECOND dividend is intended to be de-

clared in this matter.

      Creditors who have not proved their debts by the 16th day of April, 1935, will be ex- cluded.

No. 22 of 1932.

Re Leung Shiu Tak, of No. 13, Hill Road, (second floor), Victoria, in the Colony of Hong Kong, Clerk.

SECOND dividend is intended to be de-

Aclared in this matter.

      Creditors who have not proved their debts by the 18th day of April, 1935, will be excluded,

A

No. 23 of 1932.

Re Mak On Tai, of No. 403, Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

SECOND dividend is intended to be

         declared in this matter. Creditors who have not proved their debts by the 18th day of April, 1935, will be excluded.

Dated the 15th day of March, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF

N

HONG KONG

In the Matter of the Legal Practitioners

Ordinance, 1871, Section No. 16.

OTICE is hereby given that I, SYDNEY NG QUINN, of St. George's Building, Victoria, in the Colony of Hong Kong, formerly Articled Clerk to GEORGE KINGSTON HALL BRUTTON, of St. George's Building, Victoria aforesaid Solicitor intend at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court.

Dated the 1st day of March, 1935.

SYDNEY NG QUINN.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 24 of 1933.

Re Siu Fung Pawnshop of 52A, Rec- lamation Street. Yaumati, in the Dependency of Kowloon, in the Colony of Hong Kong.

FIRST dividend is intended to be dec-

lared in this matter. Creditors who have not proved their debts by the 16th April, 1935, will be excluded.

Dated the 15th day of March, 1935.

N

CHAN TSO CHEUNG,

Trustee.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In the Goods of The Reverend John Kirk Maconachie late of The Manse 7 Barton Crescent Dawlish in the County of Devon, England, former- ly of 3 Kennedy Road, in the City of Victoria, Colony of Hong Kong, Congregational Minister, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 6th day of April, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 15th day of March, 1935.

A

JOHNSON, STOKES & MASTER, Solicitors for the sole Executrix, Prince's Building, Ice House Street, Hong Kong.

LADY MARIA CHRISTINE CHATER DECEASED.

LL claims against the estate of the above named deceased must be sent to the undersigned forthwith.

Dated the 13th day of March, 1935.

DEACONS, Solicitors & etc.,

No. 1, Des Vœux Road Central, Hong Kong.

:

NOTICE

IN PURSUANCE of Section 4 of the Church

of England Trust Ordinance 1930, Ordinance No. 2 of 1930, It is hereby notified that the following change has been made in the Constitution of the Trustees of the Church of England, in the Diocese of Victoria, Hong Kong.

Alfred Brearley to be a Trustee

vice Philip Jacks.

as represent- ing St.

John's Cathedral.

Dated the 15th day of March, 1935.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In the Goods of James Dalziel, late of Seven Sisters, Tsat-Tse-Mui, in the Colony of Hong Kong, Gentleman, deceased.

NOTICE is hereby given that the Court

has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to 6th day of April, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 12th day of March, 1935.

DEACONS, Solicitors for the Executors, 1, Des Voeux Road Central, Hong Kong.

THE HONG KONG LAND INVESTMENT

& AGENCY CO.,

N

4% DEBENTURES

LTD.

OTICE is hereby given that Interest for the six months ending 31st March, 1935, on the above Debentures will be payable at the Offices of the Company on Monday, the 1st April, 1935.

The Register of Debentures will be closed from Monday, the 25th March, to Saturday, the 30th March, both days inclusive, during which period no transfer of Debentures can be regis- tered.

Dated the 15th day of March, 1935.

By Order of the Board of Directors,

L. S. GREENHILL. Secretary.

NOTICE

IN pursuance of Section 3 of the Fraudulent

Transfers of Businesses Ordinance No. 25

of 1923, Notice is hereby given that King Yat

Ting() of No. 12, Tack Ching

Lo, 3rd floor, Canton in the Republic of China formerly carrying on business at Nos. 16 and 18 Queen's Road Central, Victoria, in the Colony of Hong Kong, under the style or firm name of "Griffith and Company " has agreed to transfer unto Petersen and Company of York Building, Victoria aforesaid certain of the assets forming a part of the business of the said Griffith and Company.

The said Petersen and Company intend to carry on the said part of the said business at York Building aforesaid, but will not assume any of the liabilities incurred in the said busi- ness by the said King Yat Ting.

Dated the 14th day of March, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the said Petersen & Company.

851

NOT

(FILE No. 54 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

TOTICE is hereby given that Societa Anonima Egidio Galbani of Melzo, Italy, a Company incorporated under the laws of Italy, have, by two applications both dated the 1st day of February, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

ORMAGGIO DEL BEL PAES

SAEGIDIO GALBANI

ITALY

(2)

FORMAGGIO ROMA

SOCAN EGIDIO

GALBANT

MELZO

(FILE No. 117 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chung Yuk

Cho (鍾煜初) trading as

The Kwong Ah Firm

of No. 311, Queen's Road West, first, second and application dated the 7th day of March, 1935, third floors, Victoria, Hong Kong, have, by an applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

記為標

in the name of the said Chung Yuk Cho trading as The Kwong Ah Firm, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Articles made of leather not included in other classes including Port- manteaus, suitcases and hand-bags in Class 37.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

FILE No. 116 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Kwong Tin (*) of No. 254, Des

Tak Firework Manufacturing Company

Vœux Road Central, Victoria, Hong Kong, have, by an application dated the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MOUNTED KNIGHT

FLASHLIGHT

FORMAGGIO ROMA

SOC, AN, EGIDIO CALBANI-MELIO

  in the name of the said Societa Anonima Egidio Galbani, who claim to be the proprietors thereof.

     The said trade marks have been used by the applicants and their predecessors in business in respect of Cheese, Butter and Milk Products in Class 42.

""

Registration of trade mark No. (1) shall give no right to the exclusive use of the words Formaggio Del Bel Paese and of the map device and registration of trade mark No (2) shall give no right to the exclusive use of the words "Formaggio Roma".

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Hong Kong.

RAPONG TIN TH

MADE IN CHINA

in the name of the said Kwong Tin Tak Fire- work Manufacturing Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Firecrackers and Fireworks in Class 20.

Registration of the said trade mark shall give no right to the exclusive use of the figures 4" and "8" either separately or in c. inbiua- tion and of the word "Flashlight" appearing on the specimen mark attached to the form of application.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

852

N

In the Matter of The Eastern Mercantile

& Construction Company, Limited.

(IN VOLUNTARY LIQUIDATION).

MEMBERS VOLUNTARY WINDING-UP.

OTICE is hereby given that at an Extra- ordinary General Meeting of the Com- pany held at its registered office, at Asia Life Building, Victoria, in the Colony of Hong Kong, on Thursday, the 14th day of March, 1935, it was resolved that Mr. W. F. Blake of Boyd and Company Limited, Hong Kong, be appointed Liquidator for the purpose of the winding up of the Company.

Dated the 14th day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Company.

(FILE NCS. 4 AND 20 of 1935) TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Trade Marks.

NOTICE is hereby given that Wong Sewai trading as The Wing Lee Wai Firm, of No. 124 Wing Lok Street, Victoria, Hong Kong, has, by four applications dated the 5th, 16th, 16th and 16th days of January, 1935, respec-

tively, applied for the registration in Hong

     Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

玉豐永

酒露仙陽菜

酒舊年二十

(2)

NGLE

威利永

行酒

ENTSING

*

WAI

港香津天

(3)

(4)

tit

in the name of the said Wong Sewai trading as

The Wing Lee Wai Firm who claims to be the

proprietor thereof.

The characters" "in Trade

玉豐永"

Mark No. 1 have been declared to be distinctive

by Order of His Excellency the Governor under Section 9 (5) of The Trade Marks Ordinance 1909.

Trade Marks (1), (2) and (3) have been used and Trade Mark (4) is intended to be used forth- with by the Applicant in respect of Fermented liquors and spirits in Class 43.

Trade Marks (2) and (4) are associated with each other and with Trade Marks Nos. 90 of

1903 and 124 of 1911. Trade Mark (3) is

associated with Trade Mark No. 96 of 1914.

Registration of Trade Mark (2) shall give no right to the exclusive use of the fruit repre- sentation appearing thereon and is limited to the colours as shown on the mark attached to the form of application for registration.

Dated the 15th day of February, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building,

Hong Kong.

NOTICE

(FILE No. 28 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

[OTICE is hereby given that Pro-phy-lac-tic Brush Company, a corporation organized under the laws of the State of Delaware, of Florence Station, Northampton County of Hampshire, State of Massachusetts, United States of America, have by applications dated the 8th day of October, 1934, and the 24th day of September, 1934 respectively applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks

viz:-

(1)

PERMA-GRIP

(2)

Prophylactic

PROPH

Pro-pful fac-tic Tooth Brush

Drophylactic

TUFTED Prophylactic

in the name of Pro-phy-lac-tic Brush Company, who claim to be the proprie- tors thereof.

The Trade Marks Nos. 1 and 2 have been used by the applicants since July, 1934, in respect of toilet brushes in general and tooth brushes, hair brushes, nail brushes and flesh brushes in particular in Class 50. They are associated with each other and Trade Mark No. 2 is associated with Trade Marks Nos. 199 of 1921, 10 of 1928, 18 and 19 of 1929 and registration of Trade Mark No. 2 is limited to the colours exactly as shown on the mark deposited with the Registrar of Trade Marks and registration of the mark shall give no right to the exclusive use of the device of a tooth brush and of all the words appearing on the mark with the exception of the words "Pro- phy-lac-tic" and "Perma-Grip " as shown thereon.

Facsimiles of such Trade Marks can be seen at the offices of the Regis-

trar of Trade Marks and of the undersigned.

Dated the 15th day of February, 1935.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building, Hong Kong.

(FILE No. 51 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Gilman & Co., Ltd., of 4a, Des Voeux Road Central, Victora, in the Colony of Hong Kong, have, on the 28th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

DIRECTIONS

To mak

To remove the mis lend 154žmúry spoon. milk ant below emandard walk and De parla al water to 1 part fat losha dadead mila. For Lum, Tor Chocolate, um Day and wicket dolution

FOR INFANT FEEDING will apply in all comm The well to be used should de bread the cold to dding pure balera anding the mix. The wint slip up to experience, should give min bly resulte

QUANTIFY HE F

Age of

Ya Wa

34

+1

2nd Mor

Tame al Fondaz

Every 3 hour

Dorthe following snacke continue wib six casly foota

gradually age ghes of með amk 15

pel : mak to 7 persenda hemen y

Is reparing indian matawa Daly na

plex al., in boite

should miged at a f MINE, por iron 10 vel

as to do. Wagbag

city

the pos

Rapsal is Mocada mi away yo men, Chal

FULL

CREAM

DEER HEAD BRAND

CONDENSED MILK

THE DANIA PRODUCTS CO.

COPENHAGEN, DENMARK

NET WEIGHT 14 OUNCES

in the name of the Dania Products Co., A/S, Copenhagen, Denmark, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Condensed Milk, Butter, Cheese, Bacon, Ham, Evaporated Milk, Powdered Milk and Margarine, in Class 42.

Fascimiles of such Trade Mark can be seen at the Offices of the Regis- trar of Trade Marks and also at the office of the undersigned.

Dated the 15th day of February, 1935.

GILMAN & Co., LTD.,

C. BLAKER,

Director.

Attorney for the Applicants,

No. 4A, Des Voeux Road Central, Hong Kong

(File No. 67 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

{TIEK ANO, OJ UF 1909)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that the Bruns-Sing Knitting Company Limited, of No. OTICE is hereby given that The Ping N

       viga-Maschinenwerke Grimme, Natalis & Company, Aktiengesellschaft of Brauns- chweig, Kastanienallee 71 has on the 17th day of January, 1935, applied for Registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Brunsviga

in the name of Brunsviga-Maschinenwerke Grimme, Natalis & Company, Aktiengesells- chaft, of Braunschweig, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicant in respect of calculating and adding machines in Class 8.

Dated the 14th day of March, 1935.

N

DENNYS & COMPANY,

Solicitors for the Applicants,

National Bank Building, Hong Kong.

(FILE No. 64 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company, of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26, Broadway, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong, have on the 15th day of February, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz. :-

(1)

CYLREX

(2)

NDARD-VACUUM

SI

COMPANY

90 to 98 Cheungshawan Road Shamshuipo, Hong Kong, have, by two applications both dated the 28th day of February, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Marks:-

(1)

POLO

(2)

BUOY)

in the name of the said Ping Sing Knitting Company Limited, who claim to be the proprie- tors thereof.

The said Trade Marks are intended to be used by the applicants forthwith in respect of Articles of Clothing in Class 38.

Registration of Trade Mark No. (1) shall give no right to the exclusive use of the representa- tion of a bathing costume on the figure and registration of Trade Mark No. (2) shall give no right to the exclusive use of the letters "PS" either separately or in combination.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 21 OF 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs. Bitzer & Co., Importers, Exporters and Com- mission Agents, have on the 17th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

TRADE MARKS ORDINANCE, 1909.

NOTI

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tong Kung trading under the style

of Yu Wo Fung (of No. 262, Des Voeux Road West, Victoria, in the Colony of Hong Kong, has on the 29th day of Decem- ber, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

FUNG

WING

親自選辦

TIENTSIN & HONGKONG

LEE

裕和豐酒庄

in the name of Tong Kung, trading under the style of Yu Wo Fung, who claims to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Chinese Wine and Spirits, in Class 43.

The registration of this Mark shall give no right to the exclusive use of all the Chinese characters appearing on the mark with the

exception of () meaning "Goblet".

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of January, 1935.

TONG KUNG,

TRADING UNDER THE STYLE OF Yu Wo Fung, Applicant.

FILE NO. 494 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The China Import and Export Lumber Company, Limited, of Lot No. 90, To Kwa Wan, Kowloon, in the Colony of Hong Kong, have on the 4th day of December, 1934, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

TRADE

AAA

ל ל ל

--

MARK

MADE

IN

U.S.A.

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

    Mark (1) is associated with Trade Marks Nos. 221 to 226 of 1927 and Mark (2) with No. 58 of 1934.

     The above Trade Marks have not hitherto been used by the applicants but it is their intention to use them forthwith, in respect of Petroleum and Products of Petroleum with or without admixture of other materials in Class 47.

Registration of Mark (2) shall give no right to the exclusive use of the letters "S & V" either separately or in combination.

Dated the 15th day of March, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

Assistant General Manager.

"

Genu" Brand

in the name of Messrs. Bitzer & Co., who claim to be the proprietors thereof.

The above Trade Mark has not yet been used by the applicants in respect of Leather, skins unwrought and articles made of leather not included in other classes, but it is the ap- plicants' intention use it hereafter, in

Class 37.

to

Facismiles of the said Trade Mark can be seen in the Registry of Trade Marks and at the Office of the undersigned.

Dated the 15th day of February, 1935.

BITZER & CO., Applicants.

in the name of The China Import and Export Lumber Company, Limited, who claim to be the proprictors thereof.

The Trade Mark has been used by the Ap- plicants for the past 15 years.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of January, 1935.

THE CHINA IMPORT AND EXPORT LUMBER COMPANY, LIMITED, Lot No. 90, To Kwa Wan, Kowloon.

PRINTED AND PUBLISHED BY NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

856

LEGISLATIVE COUNCIL.

No. S. 83. The following Bill was read a first time at a meeting of the Council held on the 21st March, 1935:-

Short title.

Amendment

A BILL

INITITULED

[No. 7-15.3.35.-2.]

An Ordinance to amend the Peak Tramway Ordinance, 1883.

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

1. This Ordinance may be cited as the Peak Tramway Amendment Ordinance, 1935.

    2. Sub-section (1) of section 12 of the Peak Tramway of Ordinance Ordinance, 1883, is amended by the addition of the following

proviso at the end thereof :-

No. 2 of

1883,

s. 12 (1).

Saving of rights of the Crown

Provided that, if on any such land the company shall have erected any building, or any portion of a building, for purposes other than its undertaking, such land and the whole of such building shall be deemed to be included in the under- taking unless the Governor in Council by notice in writing declares that such land and building shall be excluded from the sale.

3. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, His Heirs or Successors, or of any bodies politic or corporate, or other other rights. persons except such as are mentioned in this Ordinance and

those claiming by, from or under them.

and of

certain

Objects and Reasons.

1. Section 12 (1) of the principal Ordinance, No. 2 of 1883, enables the Government in certain events to purchase all lands, buildings, works, materials and plant of the Peak Tramways Company Limited suitable to and used for the purpose of its undertaking. The word "undertaking" is defined in section 2 (c).

2. The Company contemplates erecting, on part of its land over the Lower Tram Station, certain residential flats. and the object of this amending Ordinance is to include such flats in any sale under section 12 unless the Governor in Council by notice in writing declares that the land and the building are to be excluded from the sale. This object is effected by section 2 of this Ordinance which adds a proviso to section 12 of the principal Ordinance.

3. Section 3 of this Ordinance enacts the usual saving clause required by Article XXVII of the Royal Instructions in the case of every Bill intended to affect or benefit some particular person. association or corporate body.

C. G. ALABASTER,

Attorney General.

February, 1935.

857

No. S. 87.-The following Bill is published for general infor-

mation :-

(C.S.O. 4301/29).

A BILL

[No. 34/34-21.3.35.-6.]

INTITULED

An Ordinance to amend and consolidate the law relating to

the construction of Buildings.

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

1. This Ordinance may be cited as the Buildings Ordin- Short title. ance, 1935.

Exemptions and Savings.

and works

2. The provisions of this Ordinance with reference to Government the construction of buildings and the carrying out of works buildings shall not apply in the case of buildings or works belonging exempt. to the Crown or to the Colonial Government or upon any land vested in any person on behalf of His Majesty's naval, military or air force services; but all the provisions of this Ordinance in relation to hoardings, scaffoldings, and verandahs, balconies and areas on or over or into unleased Crown land shall apply without exception to all buildings throughout the Colony.

to tenancy

3. Nothing herein contained shall vary or affect the Saving as rights or liabilities as between landlord and tenant under any contracts. contract between them.

Interpretation.

4. In this Ordinance,

Inter-

pretation.

owner.

"Adjoining owner" means the owner or one of the Adjoining owners, and "adjoining occupier" means the occupier or one of the occupiers, of land, buildings, storeys or rooms adjoining those of the "building owner".

(2) "Author of a nuisance" means the person by whose Author of act, default, permission, or sufferance the nuisance arises or a nuisance. continues.

architect.

(3) "Authorised architect' means any individual whose Authorised name appears in the list of authorised architects hereinafter provided for.

(4) "Balcony" means any stage, platform, oriel or other Balcony. similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

Basement,

Build.

Building.

Building Authority.

Building

owner.

Building works.

Cement.

Cockloft.

Cross wall.

Dangerous building.

Domestic building.

Exceptional building.

External air.

858

under-

(5) "Basement" means any cellar, vault, or ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding 2 feet above the floor level.

(6) "Build" includes carry on works.

(7) "Building" includes any part of a domestic building, house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding.

(8) "Building Authority" means the Director of Public Works or such other person as the Governor in Council may appoint to give effect to the provisions of this Ordinance.

(9) "Building owner" means such one of the owners of adjoining land who is desirous of building, or such one of the owners of buildings, storeys, or rooms, separated from one another by a party wall or party structure who does or is desirous of doing a work affecting that party wall or party

structure.

(10) "Building works" includes any building construc- tion, site formation, repairs, alterations, additions and every kind of building operation whatsoever.

(11) "Cement" means Portland Cement.

(12) "Cockloft" includes any floor other than a ground floor, and any platform or landing of a greater breadth than three feet and which has not a clear space of nine feet measured vertically above it.

(13) "Cross wall" means any wall not exposed to the outer air other than a partition wall, used or constructed to be used for separation of one part of any building from another part of the same building.

(14) "Dangerous building" means a building in such a condition as to cause risk of injury either to the occupiers or users of such building or to the occupiers or users of any neighbouring building, or to passengers.

(15) "Domestic building" means any building con- structed, used, or adapted to be used, wholly or partly, for human habitation, but does not include any building where caretakers only, not exceeding two in number, pass the night.

(16) "Exceptional building" includes (i) every public building, factory, workshop, bakery, brewery, distillery, pawnshop, every building intended for special uses, every building made wholly or partly of reinforced concrete, every building made wholly or partly of glass, iron or other material not provided for in this Ordinance, and (ii) every part of every building which is an exceptional building within the meaning of the first part of this paragraph.

(17) "External air" means the air of any space which is vertically open to the sky and unobstructed and which, (when measured from and at right angles to the external

859

surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony), has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

wall.

(18) "External Wall" means an outer wall of any part External of any building not being a party wall, even though adjoining to a wall of another building but does include any outer wall of a verandah projecting over a street.

(19) "Factory" means any premises or place wherein Factory. or within the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

(20) "Floor" includes any horizontal platform forming Floor. the base of any storey, and every joist, board, timber, stone, brick, or other substance, connected with and forming part of such platform.

(21) "Hill-side" means the face of the natural hill, or Hill-side. the face of any scarp or retaining wall built to support the same, or any artificial filling in or terracing with earth behind. such scarp or retaining wall, made with the object of support- ing a street or forming a site for a building.

(22) "Hill District" means any part of the island of Hill Hong Kong above the 700-feet contour.

District.

District.

(23) "Kowloon Point District" means that portion of Kowloon Kowloon bounded on the South by Salisbury Road, on the int North by Jordan Road and Gascoigne Road, on the East by Chatham Road and on the West by Nathan Road.

(24) "Latrine" includes privy, pail latrine, water closet Latrine. and urinal.

(25) Latrine accommodation" includes a receptacle Latrine for human excreta, together with the structure comprising accommoda- such receptacle and the fittings and the apparatus connected therewith.

tion.

(26) "Main wall" means either an external or a party Main wall. wall.

(27) "Mid-level District" means that portion of the City Mid-level of Victoria which is situated on the southern or south-eastern District. boundary of a dividing line beginning from a point on the Pokfulam Road at No. 1 Bridge and passing along Pokfulam Road, High Street, Bonham Road and Caine Road as far as Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the Northern boundary of Inland Lots 100, 1086, 122 and 123, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern boundary of War Department land, thence along the Western boundary of Inland Lots 47A, 47 and 1211 until this line. produced meets Monmouth Path, thence in a straight line to

New building.

Occupier.

Owner.

Pail latrine.

Partition wall.

Party structure.

860

the North West corner of Inland Lot 2325, thence in a straight line to the North West corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the Southern boundary of the City of Victoria.

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

(28) "New building" includes any building begun after the 21st February, 1903; and any then existing building thereafter or hereafter altered to such an extent as to necessitate the reconstruction of the whole of any two of its main walls or the removal of the roof and the reconstruc- tion of at least one-half of each of any two of its main walls, whether at the same time or by instalments at different times; and any existing building raised to such an extent that its total height exceeds one and a half times the original height of the building. It also includes the conversion into a domestic building of any building not originally constructed for human habitation, and the conversion into more than one domestic building of a building originally constructed as one domestic building only and any existing building altered in such a manner as to form an additional storey, or the conversion into premises, for separate occupation by different tenants, of any building originally constructed for one tenancy.

(29) "Occupier" means any person in actual occupation of any premises.

(30) "Owner" includes any person holding premises direct from the Crown, whether under lease, licence or otherwise and also any person for the time being receiving the rent of any premises, solely or as joint tenant, or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

(31) "Pail latrine"

means latrine accommodation in- cluding a receptacle for human excreta.

(32) "Partition wall" means any wall of the height of one storey only, or of a less height, used or constructed to be used for separating one part of a building from another part of the same building, and not coming under the definition of "cross wall", "external wall", "main wall" or "party wall".

(33) "Party structure" means a party wall, and also a partition, floor or other structure separating, vertically or horizontally, buildings, storeys or rooms which belong to different owners.

861

(34) "Party wall" means wall forming part of a Party wall. building and used or constructed to be used in any part of the height or length of such wall for the separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons.

(35) "Person" includes a body corporate, a partnership Person. and an association of persons unincorporated.

(36) "Premises" includes any land, building, or structure Premises. of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or inclosed, cesspool or foreshore also any vessel lying within the waters of the Colony.

(37) "Public Building" includes any building not in Public occupation of the Naval, Military or Air Force Departments, building. used for public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital, or for any other public purpose whatsoever.

(38) "Room" includes any sub-division of any storey Room. of any domestic building other than :--

(a) a cubicle:

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes.

(39) "Storey" means the space between the upper Storey. surface of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

(40) "Street" includes the whole or any part of any Street. square, court or alley, highway, lane, road, road-bridge, footpath, or passage whether a thoroughfare or not.

(41) "Tenant" means any person who holds direct from Tenant. any householder the whole or any part of any floor or floors of any building.

(42) "Tenement-house" means any domestic building Tenement- constructed, used, or adapted to be used for human habitation house. by more than one tenant.

(43) "Verandah" means any stage, platform, or portico Verandah. projecting from a main wall of any building and supported by piers or columns.

Wall.

Water closet.

Window.

Works.

List of authorised architects.

Consent of Building Authority required in connection with all new works.

Schedule A.

862

(44) "Wall" includes cross wall, external wall, main wall, partition wall, party wall, and every other kind of wall whether supporting any structure or not.

(45) "Water closet" means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

(46) "Window" means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable, when opened, of aiso admitting air.

(47) "Works" includes the partial or total constructing, reconstructing, pulling down, opening, cutting into, adding to, and altering any building. retaining wall, chimney-stack, flue, ground, road, well, drain, sewer, and any other building operation whatsoever.

Authorised Architects.

5.-(1) The Clerk of Councils shall publish annually by notification in the Gazette a list of all such architects, engineers and other persons as the Governor in Council may deem qualified to perform the duties required by this Ordinance to be performed by an authorised architect. Such list shall include the names of the Director of Public Works and of such other officers of the Public Works Depart- ment as the Governor in Council may think fit. The Clerk of Councils shall from time to time similarly publish the names of persons added to or removed from the last published annual list by Order of the Governor in Council. The last published list as so amended shall be deemed the current authorised list.

(2) The Governor in Council shall not order the insertion of the name of any person in any such list unless he deems him in all respects fit and suitable to be authorised.

(3) The Governor in Council may by order remove the name of any authorised architect who has ceased to practice in the Colony, he may also, on any ground which he may deem sufficient, remove the name of any person he may consider unfit or unsuitable to continue to be authorised; but in such last mentioned case notice shall be given, if practic- able, to the person whose name it is proposed to remove and he shall be entitled to be heard by the Governor in Council, either in person or by counsel, before such removal is made.

Plans, Drawings and Notices.

6.-(1) It shall not be lawful to commence any building works without the consent of the Building Authority and the following procedure shall be adopted :-

(a) Notice in writing in or according to the form contained in Schedule A of the intention to commence any building works shall be given to the Building Authority by leaving the same at his office. Every such notice shall clearly state the locality of the intended building works and the number and section or sub-section of the lot on which it is

1

863

intended to build and shall state any special or material particulars in connection with the same which it is not possible to denote on the plans. Such notice shall also state the name and address of the owner and occupier of the building or lot and shall be signed by such owner or occupier or by the duly authorised agent of such owner or occupier.

submitted.

(b) Proper plans of such building works signed by an Plans to be authorised architect showing the position, form, description and dimensions of all portions thereof shall be submitted to the Building Authority with the aforesaid notice for his approval. If repairs, alterations or additions are intended to be made to any existing building they shall be clearly differ- entiated on the plan from the existing work intended to be left intact or utilised in carrying out such repairs, alterations or additions; and if the Building Authority shall consider it necessary so to do he may require further plans to be sub- mitted of other portions of the existing building and of any adjoining buildings. Unless dispensed with by the Building Authority the details of any drainage to be constructed shall be shown on the plan. Every plan shall be drawn on tracing linen or other material approved by the Building Authority, to a scale of not less than one-tenth of an inch to the foot, and shall contain enlarged details with figured dimensions of the principal features of construction and shall also show the position and levels of the surrounding ground and buildings. In cases where several alterations are made in the original design during the carrying on of work involving the submission of amended plans, the Building Authority may require the submission of a complete set of new plans shewing the building as completed. In the case of minor alterations or repairs the Building Authority may dispense with the submission of plans by an authorised architect.

(c) A block plan showing clearly the situation of the Block plan. premises and the neighbouring streets and buildings drawn to a scale of not less than one inch to fifty feet shall be submitted with such plans and if the Building Authority considers it necessary that any levels or development streets be shewn in such block plan he shall be entitled to require the same so to be shewn.

(d) In the case of a building to be constructed wholly Exceptional or partly of reinforced concrete or steel such plans shall be Buildings. accompanied by proper and complete calculations relevant to such reinforced concrete or steel to the satisfaction of the Building Authority and by a certificate signed by an authorised architect in the form in Schedule B.

Schedule B.

architect

(e) In the case of repairs, alterations or additions to any Certificate existing building such plans shall be accompanied by a of authorised certificate from an authorised architect stating that he has required inspected such building and that in his opinion it is capable

                               repairs &c. of bearing the weight and stresses of the repairs, alterations to existing or additions proposed to be made in accordance with the said building. plan and also of any additional weight or stresses which in consequence of such repairs, alterations or additions may be imposed upon it. Such certificate shall be in the form contained in Schedule C.

(f) The Building Authority may also require any other information concerning the proposed building and the uses to which it may be put that he may deem necessary.

Schedule C.

Building Authority to notify if plans are not

regular.

Amendment of plans.

Notice of

commence- ment or resumption of works.

Schedule A.

Copies of plans to be

kept on building works.

No obliga- tion on Government to inspect building works, etc.

In case of

emergency

notice may be given after com- mencement

of work.

864

(9) The Building Authority shall within twenty eight days of the submission of the said plans notify the person submitting the same or his authorised architect or other representative if they are not in accordance with the require- ments of this Ordinance. If the Building Authority does not within such period so notify, the building shown on such plans may be commenced in the same manner as if the approval of the Building Authority had been received. Provided that in the event of such plans having been withdrawn for alteration during such period of twenty eight days by the person submitting the same or his architect or other repre- sentative the said period shall be calculated from the date of their final submission.

(h) If the Building Authority shall within such period of twenty eight days notify the person submitting the plans or his authorised architect or other representative of any matter in respect of which they are not in accordance with the requirements of this Ordinance then, if they are amended as required, the Building Authority shall approve within a period. of fourteen days from the time the amended plans are sub- mitted to him and if he shall not signify his approval within such period the building may be commenced in the same manner as if the approval of the Building Authority had been received.

(i) It shall not be lawful to resume any building works if work has been suspended for a period exceeding three months nor to commence any building works which have not been commenced within three months of the date of the approval of the plans, without obtaining the consent of the Building Authority. Seven days notice in writing of the intention to resume or commence such building in or according to the form contained in Schedule A shall be given to the Building Authority who, before giving his consent may require amended plans to be submitted to him for approval if he considers it necessary for the purpose of complying with the provisions of this Ordinance.

(5) All plans, certificates and notices submitted to the Building Authority shall be filed in his office.

(2) A copy of every plan approved by the Building Authority shall be supplied by the authorised architect in charge of any building works to the contractor engaged on such work and it shall be the duty of such contractor to keep every such plans available on such works for inspection by the Building Authority or any officer deputed by him: Provided that nothing contained in this Ordinance shall be construed to render it obligatory upon the Building Authority or any Government officer to inspect any building works or existing building for the purpose of verifying the accuracy of any plans, certificates or notices submitted to or approved by the Building Authority nor for the purpose of verifying that the provisions of this Ordinance have been complied with in respect of any such plans, certificates or notices.

(3) In case any accident or emergency shall render it necessary to shore up, underpin, demolish or otherwise make safe any existing building immediately it shall be lawful so to do without first obtaining the consent of the Building Authority provided notice in writing of any such work and of the accident or emergency which necessitated such work shall be given to the Building Authority by the owner or his duly authorised agent within two days thereafter. Failure on the part of an

865

owner or agent to give such notice within such time as aforesaid shall render such owner or agent liable upon summary conviction to a fine not exceeding five hundred

dollars.

If on inspection the Building Authority or an officer deputed by him considers that the building has been made safe he may order all work to be stopped until such time as proper plans have been submitted to and approved by the Building Authority and any owner, agent, architect, engineer or contractor who fails to observe such order shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

architect

(4) On the completion of any repairs, alterations or Certificate additions to any existing building the authorised architect who of authorised supervised such repairs, alterations or additions shall furnish required on his certificate to the Building Authority stating that the same completion

                                   of repairs have been completed in accordance with the approved plans. &c. to Such certificate shall be in the form contained in Schedule D. existing

                                   building. Failure to furnish the Building Authority with such certificate within one week after the date of completion of work shown on the approved plan shall render the authorised architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

Schedule D.

by authorised

(5) Adequate supervision in and throughout the carrying Adequate on of works shown on any plans approved by the Building supervision Authority shall be exercised by the authorised architect who architects. has signed such plans: Provided that if at any time prior to the completion of such works the supervision thereof be transferred or changed to another authorised architect the latter shall exercise adequate supervision of such work and shall also if required by the Building Authority furnish fresh plans for his approval.

Notice in writing of any such transfer or change of supervision shall be given to the Building Authority immediate- ly after the date of such transfer or change by both the authorised architect whose duty it was to supervise the work up to date of such transfer or change and also by the authorised architect to whom the supervision has been transferred or changed. Failure on the part of an authorised architect to furnish such notice to the Building Authority within two days after the date of such transfer or change shall render such architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

exercise

Failure on the part of an authorised architect to exercise Penalty for adequate supervision in and throughout the carrying on of failure to any work which it is his duty to supervise shall render him adequate liable upon summary conviction to a fine not exceeding two supervision.

thousand dollars.

certificates

(6) (a) Every misrepresentation of a material fact in any Misrepre- plan, certificate or notice submitted or furnished to the sentation Building Authority shall be deemed a contravention of this in plans, Ordinance and the person who has signed any such plan, or notices. certificate or notice shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

Divergence

or deviation from approved plans.

Power of magistrate to require compliance

with Ordin.

ance.

Chinese domestic buildings within Mid-level,

Hill, or Kowloon

866

(b) Every material divergence or deviation from the work shown in any plan approved by the Building Authority, unless such divergence or deviation has received the written approval of the Bunding Authority shall be deemed a contravention of this Ordinance. In respect of any such divergence or devia- tion which is not so approved, every owner, agent, architect, engineer or clerk of works who condones such divergence or deviation and every contractor employed in the building who carried out such divergence or deviation shall upon summary conviction be liable to a fine not exceeding two thousand dollars in respect of every such divergence or deviation. Every material divergence or deviation from the work shown in such plan shall be reported in writing to the Building Authority within seven days from the date on which such divergence or deviation occurred, by the authorised architect whose duty it is to supervise such work. Failure on the part of such authorised architect to furnish such report to the Building Authority within the above-mentioned period shall render such authorised architect liable upon summary conviction to a fine not exceeding two thousand dollars and such failure shall be deemed prima facie evidence of condona- tion by such authorised architect of such divergence or deviation.

(7) In the case of any contravention of this Ordinance. under sub-section (6), a Magistrate shall also have power to order the building works or any portion thereof to be forthwith altered or demolished so as to comply with the requirements of this Ordinance and to the satisfaction of the Building Authority.

Design of buildings.

7. It shall not be lawful to erect any Chinese domestic building (unless specially sanctioned by the Director of Public Works who shall be the sole judge as to what constitutes a Chinese domestic building) other than quarters for occupation. by servants, within the Mid-level District, the Hill District or Kowloon Point District and no non-Chinese domestic build- prohibited. ing shall be divided with the object of providing for its occupa- tion by more than one person to every one thousand cubic feet of clear internal space.

Foint

Districts

Building Authority to inspect any such

building on complaint.

Restriction

to the

Chinese in

the Mid-

8. Upon the complaint of any person (whether such per- son be aggrieved or not) that a Chinese domestic building has been built within the Mid-level District, the Hill District, or Kowloon Point District or that any domestic building in either of such districts is sub-divided, in contravention of the pro- visions of this Ordinance, the Building Authority or any officer deputed by him for the purpose, shall inspect such building, and any person in any way obstructing such inspection shall be deemed to be acting in contravention of this Ordinance.

9. Nothing in sections 7 and 8 shall be held to prevent not to apply the owners of Chinese domestic buildings now existing within residences of the Mid-level District or the Hill District, or Kowloon Point District from repairing such buildings in accordance with their present structure, nor shall anything in this Ordinance be held to preclude any Chinese or other person from owning or occupying or residing in any lawful domestic building in the Mid-level District, the Hill District or Kowloon Point District; nor shall the said sections apply to any land in the occupation of the Naval, Military or Air-force Departments, but they shall

level, Hill or Kowloon Point

District.

867

apply to any land now in the occupation of the Naval, Military or Air-force Departments whenever such land ceases to be in such occupation.

Government

buildings

10. Nothing contained in this Ordinance shall be held to Existing affect the right, which has hitherto been exercised by the rights of the Government, of forbidding the erection in any part of the to regulate Colony (whether in the Mid-level District or the Hill District type of or Kowloon Point District or elsewhere) of buildings of a to be different character from those previously existing on the same preserved. site. The Building Authority shall have the power to refuse his approval of the plans of any building which differs in design or character from those in the immediate neighbourhood.

Hoardings and scaffoldings.

erected

safety plat-

scaffold-

ing, etc.

11. Every person who is about to erect or take down any Hoard- building shall, before commencing to erect or take down such ings and building, cause to be put up and maintained such hoarding forms, and platforms as may be necessary for the safety and con- venience of passengers and the occupiers of adjoining property; but no pathway or thoroughfare shall, during building opera- tions or otherwise be occupied by a hoarding, platform or scaffolding or any building material whatever except by per- mission of the Building Authority or an officer deputed by him in that behalf, who may grant permission on a written applica-

tion.

The pavement, side channel and surfacing of any thoroughfare shall not be broken up, or into, by the excava- tion of holes for the purpose of securing any hoarding or scaffolding poles and the side channels shall be in no way obstructed by such hoarding or scaffolding poles or by any building debris or building material.

Building materials.

materials.

12. Except as hereinafter provided, the walls of all per Authorised manent buildings shall be constructed exclusively of good hard building well burnt brick, sound stone, or other hard and incombustible material approved by the Building Authority.

13. Subject to the provisions of any regulations made Exceptional under section 14, the design, construction and situation of buildings. every exceptional building shall be subject to the special approval of the Building Authority.

14. It shall be lawful for the Governor in Council to Fower to make regulations governing the design, construction and sit- make regula- tions relating uation of exceptional buildings or any class of exceptional to exception building. The regulations in Schedule B shall be deemed to al buildings. have been made under this section.

Schedule B.

Victoria or

15. Notwithstanding anything herein to the contrary Buildings provided, where any building is outside the boundaries of the in districts City of Victoria or Kowloon such building if separated by a City of distance of not less than one hundred and fifty feet from any Kowloon. other building, may have walls, verandahs and balconies con- structed wholly or partly of wood, and such building shall be deemed to be an exceptional building and shall be subject to the approval of the Building Authority in each particular case.

Walls.

tion of walls regulated.

16. Every wall shall be constructed of brick, stone or Construc- other hard incombustible substance, solid across its entire thickness and shall be properly bonded and substantially put

Thickness

of external and party walls.

868

together with good cement or lime mortar to the satisfaction of the Building Authority. Except where specially permitted in this Ordinance, no part of such wall shall be thicker than any part underneath it, and all cross walls and return walls shall be properly bonded into main walls. Sound blue bricks may be used in the walls of the uppermost storey only of a building, or, where such storey exceeds fifteen feet in height, in the uppermost fifteen feet of the walls of such storey; but blue bricks may not, without the approval of the Building Authority, be used in the walls of the other storey or storeys.

17.-(1) Every person who erects a new building shall construct every external and every party wall of such building not exceeding thirty-five feet in length, clear of cross walls, in accordance with the following rules, and in every case the thickness prescribed shall be the minimum thickness of which such wall may be constructed :-

(a) Where the wall does not exceed 12 feet in height, it shall be 9 inches thick for its whole height.

(b) Where the wall exceeds 12 feet but does not exceed 25 feet in height, it shall be 13 inches thick for its whole height.

(c) Where the wall exceeds 25 feet but does not exceed 40 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 18 inches thick, and in the other storey or storeys 134 inches thick.

(d) Where the wall exceeds 40 feet but does not exceed 55 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 131⁄2 inches thick.

(e) Where the wall exceeds 55 feet but does not exceed 70 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 131⁄2 inches thick.

(f) Where the wall exceeds 70 feet but does not exceed SO feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 311⁄2 inches thick, the wall in the next storey 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

Provided that-

(i) in cases where the number of storeys is less than that indicated in the foregoing rules or where the walls are con- structed in good cement mortar, the respective thicknesses of the walls shall be determined by the Building Authority;

(ii) in the case of two-storied buildings and of the upper- most two storeys of buildings containing a greater number of storeys, the walls may be 13 inches thick throughout the height of such two storeys, provided such height does not exceed 25 feet;

(ii) no storey shall exceed in height 16 feet without the permission of the Building Authority, who shall in such case prescribe to what extent, if any, the walls shall be increased in thickness. Such increase of thickness may be provided for by piers of the required thickness and of such collective length, not exceeding one.fourth part of the length of the walls, as the Building Authority may require.

869

(2) If any wall exceeds 35 feet but does not exceed 60 feet in length clear of cross walls, the thickness of such wall shall, unless the Building Authority otherwise permits, be in- creased by adding 4 inches to the thickness specified in sub- section (1).

walls here-

18. The provisions of section 17 shall also apply, in the Sec. 17 to case of existing buildings, to any walls or portions of walls apply to hereafter erected or re-erected therein: Provided that in any after erected case where from any cause it is not practicable or desirable to or re-erected. apply such provisions, the thicknesses shall be determined by the Building Authority.

of length

19. (1) No wall, other than a boundary wall, shall Limitation exceed sixty feet in length, clear of any return or cross wall, of walls. without the approval of the Building Authority.

A wall shall not be deemed a cross wall for the purpose Cross of determining the length of any external or party wall unless walls. it is carried up to the top of the topmost storey, and unless in each storey the aggregate extent of the vertical faces or eleva- tions of all the recesses and that of all the openings therein taken together shall not exceed one-half of the whole extent of the vertical face or elevation of the wall in such storey.

Measurement

(2) No wall shall exceed eighty feet in height without the Walls approval of the Building Authority. The height of every wall over 80 feet

in height shall be measured from the level of the adjacent foot-path, or, to be where no foot-path exists, from the level of the street or approved by

Building ground outside to the highest part of such wall or, in the case Authority. of a gable, to half the height of such gable, but shall in no case of height include any portion of a wall which acts as a retaining wall. of wails. Ornamental towers, turrets, or other architectural features or decorations, not exceeding nine feet in height and parapets not exceeding three feet in height shall not be included in measur- ing the height of such wall.

external

walls more

than 35 feet in length.

(3) Any external wall of a building exceeding thirty-five Tie-rods feet in length, clear of cross walls, shall be secured at the level required for of each upper floor, and at the ceiling or roof, with wrought- iron tie-rods not less than one and a quarter inches in diameter, spaced not more than twelve feet apart and extending through such external wall and the nearest parallel wall of such build- ing. The tie-rods shall have screwed ends with nuts bearing upon wrought-iron washer plates not less than eighteen inches square by half an inch in thickness, or cast-iron washer plates to be approved by the Building Authority, and the brickwork of each wall for its full thickness and for an area of two feet square round the end of each tie-rod shall be built in cement- mortar :

Provided that the Building Authority may modify or dis- pense with the requirements of this sub-section whenever he may consider such requirements unnecessary.

of cross

main walls.

20. The thickness of every cross wall shall be at least Thickness two-thirds of the thickness prescribed by section 17 in that was to be behalf for an external wall or party wall of the same height two-thirds and length and belonging to the same class of building as that that of to which such cross wall belongs, unless, in any particular case, the Building Authority shall specially authorise a less thickness. But if such cross wall supports a superincumbent external wall the whole of such cross wall shall be of the thickness prescribed for an external wall or party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs.

Thickness of partition walls.

Damp-proof courses to be provided.

Construction

of founda- tions.

Retaining walls.

870

21. Partition walls not exceeding twelve feet in height and the external walls of latrines, bathrooms and stair hoods not exceeding eight feet in height may be constructed of brick in cement-mortar of a thickness of four and a half inches, or of reinforced concrete or of such other material and of such thickness as the Building Authority may permit.

22. Every wall of every new building shall have a damp- proof course composed of materials impervious to moisture to be approved by the Building Authority extending throughout its whole thickness and at such level as the Building Authority may require.

Every external or enclosure wall which abuts against the earth shall be protected by a vertical damp-proof course set in a position satisfactory to the Building Authority.

23. The foundation of every wall of a building shall be of footings of sound stone, brick, concrete, or other equally hard substance, carried down to a depth of not less than twice the thickness of the wall in the lowest storey of the said building; and the lowest course of every such foundation shall be of a width of not less than twice the thickness of the wall in the said lowest storey, and the width of such foundation shall diminish gradually towards the upper surface thereof in regular steps or offsets: Provided that on rock or hard ground of an incompressible nature, or in sandy, unstable or soft ground, the Building Authority may permit or require the foundations of all works and buildings to be of such special depth and width and of such materials as shall be approved by him as being in each particular case applicable to such ground.

24. Retaining walls shall be constructed of masonry, brickwork or cement concrete. Such walls when constructed of masonry or brickwork shall be properly bonded and built solid throughout in cement mortar or when built in masonry may be laid dry.

Every retaining wall shall be provided with one or more adequate foundation courses of cement concrete laid at right angles to the face of the wall on solid ground or piling and each course shall not be less than 12 inches in depth and shall project at least 6 inches beyond the face of such wall and shall extend the full thickness of such wall. All masonry and brick walls exceeding 12 feet in height shall be provided with lacing or bond courses of good cement concrete at least one foot in depth extending throughout the full thickness of the wall. The lacing courses shall be thoroughly keyed into the wall on their upper and lower beds. The distance between the top of the foundation courses and first of such lacing courses and the distance between any two adjacent lacing courses shall not exceed 6 feet measured vertically. In the case of a masonry wall the stones shall be roughly squared and have flat beds, and bond or header stones at least 2 feet 6 inches in length must be inserted in alternate courses and laid to break joint and there shall not be less than one such bond or header stone to every square yard of surface area of the wall. At the back of every retaining wall (except when such is con- structed in dry masonry) there shall be formed a layer of hand-packed broken brick or granite of a thickness of at least 12 inches and every such wall shall also be provided with weepholes of not less than 3 inches internal diameter and at least one such weephole shall be provided to every four super- ficial yards of the face of the wall.

871

Every retaining wall shall be provided with a proper cop- ing of cement concrete or other impervious material approved by the Building Authority and adequate channels shall be formed at the top and toe of every such wall to intercept and carry off stormwater.

The design of every retaining wall, breast wall, dam or similar structure shall be subject to the approval of the Building Authority to whom a stress diagram of the wall must be sub- mitted.

or enclosure

25. No person shall construct or reconstruct any bound- Construction ary wall or enclosure wall fronting any public road or of boundary thoroughfare unless it is solid throughout its entire thickness walls. and built of brick or stone properly bedded and bonded together, surmounted by a coping of dressed stone or properly moulded bricks set in cement mortar or constructed of such other materials as may be approved by the Building Authority.

to be carried

up above

26. Every party wall shall unless exempted by the Build- Party walls ing Authority be carried up above the upper surface of the roof of every building to a height of at least eighteen inches, roof. measured at right angles to the slope of the roof, and every such party wall and every parapet wall shall be properly coped with a coping composed of cement and sand in the proportion of not less than one part of cement to every two parts of sand, or of such other material as the Building Authority may approve, or shall be otherwise protected in order to prevent water soaking into such wall.

27.--(1) Openings may only be made in party walls to Openings an extent not exceeding one half of their area on each storey throug unless in the opinion of the Building Authority a greater area external may be allowed.

(2) When it is desired to close any openings previously made through any party wall, such openings shall be solidly stopped up with brick or stone-work of the full thickness of the party wall, and such brick or stone-work shall be built in lime-mortar or cement-mortar and properly bonded with such party wall. Any future openings through any such party wall shall be restricted to the removal, in whole or in part, of such stoppings, unless the previous openings did not extend to one half of the area of such wall, and additional openings shall only be made in such manner as to ensure that the total extent of the openings, inclusive of those previously made, shall not ex- ceed one half of the area of such wall on each storey.

walls.

(3) Recesses may be made in party walls and in external Recesses. walls : Provided that the aggregate area of such recesses does not exceed one-half the whole area of the wall of the storey in which they are made, and that the backs of such recesses are of not less thickness than thirteen inches in party walls, and nine inches in external walls.

(4) In the case of a shop front left open to the street, the Returns to side walls or party walls shall be returned along such front for shop fronts. at least twelve inches where the house has more, and for at least nine inches where the house has not more, than one storey above the ground storey, and such return walls shall be properly bonded into the side walls or party walls in cement mortar. Where such shop front is in a corner building, the side wall shall be returned along such front for at least two feet.

Openings

and recesses to be arched

or spanned.

Lath and

plaster walls prohibited.

Bonding of

walls of domestic buildings.

872

(5) Every opening and every recess in any wall shall either be arched over with brick or stone-work in cement- mortar or spanned by a steel girder or ferro-concrete beam of such dimensions and construction as the Building Authority may consider necessary for the support of the superincumbent weight.

28. No lath and plaster wall, or other hollow wall, shall be hereafter constructed in any building except with the per- mission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Bonding for the walls of domestic buildings.

29. Every building hereafter erected shall have courses of hoop-iron, tarred and sanded, or other suitable bonding, built into the main walls at the level of the foundations, if required by the Building Authority, and at the level of each floor and at the level of the eaves. Each such course shall consist of not less than three bands in the case of foundations and of all walls of a thickness of not less than eighteen inches, and of not less than two bands in the case of all walls of a less thickness than eighteen inches; each hoop-iron band shall measure not less than one inch and a quarter in width, and not less than one-thirty-second of an inch in thickness, and such bands shall be continuous and lap-jointed wherever prac- ticable. In any case in which continuous bands are not prac- ticable they shall be arranged as the Building Authority may require.

Bearings of

and lintels.

Bressummers and lintels.

30. Every joist, bressummer and lintel shall be of bressummers sufficient strength and rest upon a template of cement concrete or stone laid in cement mortar and shall have a bearing of not less than the depth of the member.

Impermeable floors to be provided. [cf. s. 167.]

Concreting of ground surfaces.

31.-(1) The ground surface of the lowermost storey or where there is a space below such storey then the ground sur- face of such space, of every building and the floor of every kitchen, bathroom, latrine, and water closet and the ground surface of every area, backyard, court-yard, alley-way or space on which slops may be thrown or from which foul waters flow, shall be properly covered over with a layer of good lime concrete not less than four inches thick finished off smooth with not less than two inches of cement concrete or hard glazed bricks or granite paving or glazed tiles bedded and jointed in cement mortar or with not less than four inches of cement concrete or with such other material as may be ap- proved by the Building Authority. For the purposes of this section the cement concrete shall be composed of one part of cement, two parts of sand and four parts of stone broken to pass a one inch ring for interior surfaces and one part of cement, three parts of sand and five parts of stone broken to pass a one inch ring for exterior surfaces.

(2) The ground surface of every area, kitchen, latrine, water closet, backyard, court-yard, alley-way or space on which slops may be thrown, shall have a fall of not less than 1 in 40 from the walls of the building towards the surface channel or other outlet for the drainage of such surface.

}

873

This section shall not apply to any existing domestic building, the ground surface of which has been paved to the satisfaction of the Building Authority in accordance with any existing law or by-law and which is so maintained.

material

32. Where the ground surface of any building or the Repairs to floor of any kitchen, bathroom, latrine, or water closet, or impermeable the ground surface of any area, backyard, court-yard, alley- over ground way or space on which slops may be thrown or from which surface. foul waters flow, is or has been paved or covered over with [cf. s. 167.] impervious material, and such material has been subsequently broken, excavated or otherwise disturbed, or has perished, the landlord or owner shall make good the same to the satisfaction of the Building Authority upon the completion of any work for the execution of which the same has been broken or other- wise disturbed or within fourteen days from the receipt by him of written notice from the Building Authority so to do; and in default thereof he shall be liable to a fine not exceeding twenty-five dollars for each offence, and to a further fine not exceeding ten dollars for each day after such conviction during which such offence continues.

Floors.

33. The level of the ground floor of every domestic build- ing hereafter erected shall be not less than six inches higher than the highest level of the ground outside such building: Provided that the Building Authority may reduce this require ment in any case where in his discretion it may appear de- sirable.

Level of floor to be the ground above level outside. of ground

timbers of

34. No floor timbers of any one building shall approach Distance nearer than nine inches towards the floor timbers of any other between floor contiguous building, and the space intervening between the contiguous ends of such timbers shall be properly and substantially built buildings. up solid with whole bricks or with stone laid in mortar.

corbels of

stone-work,

35. The floors of all buildings including verandahs shall Floors to not (unless constructed of concrete or other incombustible rest on material) be built into the thickness of any wall, but shall brick or either rest upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the floor. When any opening in a timber floor is to be filled in, every joist over such opening shall be formed in one length to span from wall to wall unless otherwise approved by the Building Authority.

under board-

36. Every person who shall erect a new domestic build- Ventilation ing shall construct every room in the lowest storey, if provided doors with a boarded floor, in such manner that there shall be, for in the lowest the purpose of ventilation, between the underside of every

                                   storey. joist on which such floor may be laid and the upper surface of the concrete with which the ground surface or site of such building may be covered, a clear space of an average height of not less than two feet and six inches above the level of the ground outside, and he shall cause such space to be properly ventilated, any openings for such purpose being protected in such manner as effectually to exclude rats from such premises.

floors to

37. All wooden floors hereafter constructed shall be Wooden properly tongued and grooved or otherwise jointed so as to be reasonably water-tight.

be water- tight.

Cement

skirtings required.

874

38. The floors of all domestic buildings hereafter erected shall, unless specially exempted by the Building Authority, have skirtings of cement or of other impervious material approved by the Building Authority, at least nine inches in height and of a thickness of not less than one inch.

Space to be left between floors.

Height of storeys in certain buildings.

Certain spaces not to be used for habita- tion.

Rules as to cock lofts.

Height of Storeys.

39.-(1) In the case of every domestic building hereafter erected, the lowest storey used or adapted to be used for human habitation shall contain a clear space of at least eleven feet, measured vertically, and every upper storey shall contain a clear space of at least ten feet measured vertically: Provided nevertheless that in the case of

           case of any caretakers' quarters, servants' quarters, kitchen and pantry a clear space of at least nine feet measured vertically, and in the case of any bathroom, latrine and water closet, a clear space of at least eight feet measured vertically shall be sufficient.

40.-(1) In this section-

"Semi-detached" has the same meaning as in section 82.

(2) This section shall apply only to domestic buildings erected after the 24th day of June, 1920.

(3) In detached and semi-detached buildings, and in any building exempted by the Building Authority every storey shall, subject to sub-sections (4) and (5), contain a clear space of at least nine feet six inches measured vertically.

(4) Caretakers' quarters, servants' quarters, kitchens and pantries may be constructed so as to contain a clear space of only nine feet measured vertically.

(5) Bathrooms and latrines may be constructed so as to contain a clear space of only eight feet measured vertically.

41. No building or part of a building which has a clear space of less than nine feet measured vertically shall be used for human habitation.

Cocklofts.

42.-(1) No cockloft shall be hereafter erected in any storey or room which is used for sleeping purposes nor shall cockloft be erected in any storey of a domestic building other than the ground storey of such building.

(2) No cockloft shall without the permission of the Building Authority extend over more than one half of the floor area of the room or exceed two hundred square feet in area and every cockloft shall have a clear space below every part of it of not less than nine feet measured vertically.

(3) No cockloft shall so obstruct any doorway or window opening into the external air as to prevent the same being opened to its full extent nor shall any cockloft or stair leading to the cockloft be erected nearer than four feet to such doorway or window unless with the permission of the Building Authority.

*

875

(4) No cockleft shall, without the permission of the Building Authority, be hereafter erected in any domestic building which exceeds forty feet in depth.

(5) No portion of the space either above or below any cockloft shall be inclosed except by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two-thirds open, and as far as practicable evenly distributed.

(6) No cockloft shall be erected or if already existing be allowed to remain, in any kitchen.

(7) No cockloft shall be used for any purpose other than storage.

(8) Every cockloft shall, unless the Building Authority shall otherwise permit, be supported directly from the ground by pillars or columns to the satisfaction of the Building Authority in such manner that no additional load is placed upon any wall of the building in which such cockloft is situated, provided that any existing cockloft, for which a permit in writing has been issued by the Sanitary Board or Building Authority, shall be allowed to remain, subject to the conditions of such permit.

Staircases.

43. Every building hereafter erected, which exceeds one storey in height shall be provided with a staircase in accordance with the following provisions:-

(1) Every main staircase hereafter erected shall be so arranged as to have a tread of not less than nine inches from the face of one riser to the face of the next and no riser shall be of a greater height than seven inches.

(2) Every staircase hereafter erected shall, unless exempted by the Building Authority, be inclosed by walls of fire resisting material and shall not be constructed with a soffit so as to form any enclosed space between the treads, the risers and such soffit, unless otherwise approved by the Building Authority.

(3) At every storey on every staircase hereafter erected adequate light and ventilation shall be provided to the satis- faction of the Building Authority.

(4) Every building hereafter provided with stairs shall have a staircase giving direct access to a street or lane, or to an open space leading thereto, to the satisfaction of the Building Authority, and in the case of a building of more than two storeys in height, or in which any floor is more than twenty three feet above the level of the street, such staircase shall be continued to give egress on to the roof of the top storey or there shall be provided to the satisfaction of the Building Authority an additional staircase from the floor of the second floor storey giving egress on to the roof of the top storey or some other satisfactory means of escape in the case of fire.

(5) Every main staircase, including the treads, risers, strings and other supports, and all landings, enclosure walls, lobbies and passages from one flight to another, hereafter

Rules as to construc-

tion of staircases.

Lifts, etc.

Fire escapes for storeys exceeding

35 feet

above street level.

876

erected in any building which is constructed or adapted or converted to be used either wholly or in part as a public building, a tenement house for separate families or for offices, shall be of fire resisting materials to the approval of the Building Authority. All doors and window openings or glazed partitions communicating with any such staircase shall be adequately protected by fire resisting doors of solid teak not less than two inches thick or by wired glazing or by some other method equally satisfactory to the Building Authority.

(6) Every main staircase hereafter erected shall be provided with a handrail properly fixed on at least one side of every flight and no flight, landing, lobby or passage from one flight to another shall be of less width than three feet unless otherwise approved by the Building Authority.

(7) Every staircase and all landings, lobbies and passages from one flight to another shall at all times be kept open and free from any obstruction whatsoever.

Lifts and lift shafts.

44.-(1) Every lift or

or hoist shaft hereafter erected shall be inclosed by walls of fire resisting materials at least three inches thick and shall be ventilated from the highest point direct to the outer air, to the satisfaction of the Building Authority.

(2) The door to every lift or hoist shaft hereafter. erected shall be of fire resisting material and when such lift or hoist is used for the conveyance of passengers the door shall be so arranged that it can only be opened when the lift cage is at rest opposite the doorway and that the lift cage cannot be moved unless the door to the lift shaft is properly closed.

(3) Every lift and hoist and any mechanism connected therewith shall be constructed and arranged in such manner and position as the Building Authority may approve.

(4) Every lift and hoist and any mechanism connected therewith shall be kept by the owner of the building in which such lift or hoist is installed in good order and repair and efficient working order.

Fire escapes.

45. Every existing building and every building here- after erected which has a storey the floor of which is more than thirty-five feet above the level of the street or ground surface adjoining the front of such building shall be provided. on every storey with such means of escape in the case of fire, for the persons using, dwelling or employed therein, as the Building Authority may require.

Any means of escape so provided shall be kept and maintained by the owner of the building in good condition and repair and efficient working order and no person shall obstruct or render less commodious or suffer to be rendered less commodious any such means of escape.

1

877

Ceilings.

46. No ceiling shall hereafter be erected in any building Ceilings

                               prohibited. except with the permission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Corbelling.

stone or

47. All corbelling for the support of floor or of roof Corbels timbers shall be done in stone cut to flat beds, or in red to be of brick, at least nine inches in length, set in cement-mortar. brick. The entire thickness of the walls throughout the height of such corbelling shall also be built in cement-mortar. No one corbelling course if of brick shall project beyond the course immediately beneath it more than two and a quarter inches.

Roofs.

of incom-

48. The roof of every building and of any minor Covering of superstructure placed above such roof except the doors, and roof to be frames of dormers or sky-lights, shall be externally covered bustible with tiles, glass, metal, or other incombustible substance. material. All hatchways leading out to the roofs of buildings shall be provided with hatches or covers which, if not composed entirely of metal, shall be properly sheathed externally in sheet-zinc or other metal approved by the Building Authority.

between

49. No roof timbers of any one building shall approach Space nearer than nine inches towards the roof timbers of any timbers of other contiguous building, and the space intervening contiguous between the ends of such timbers shall be properly and buildings. substantially built up solid with whole bricks or with stone laid in mortar.

50. No platform, superstructure, staging, framework, Structures wire, wire netting, bamboo, matting or structure whatsoever, on roofs

                               prohibited. shall be erected, maintained or fixed over or upon the roof of any building except with the permission of the Building Authority or unless used solely for the purpose of drying

clothes

"brick or

51. The roofs of all buildings, including verandahs Roofs to shall not, unless wholly constructed of incombustible materials, rest upon be built into the thickness of any wall, but shall either rest stone-work. upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the roof.

and rain-

52. The roof of every building (including every Eaves- verandah and balcony) and the floors of every verandah and gutters, balcony shall be so arranged and constructed, and so supplied water with eaves-gutters and rain-water down-pipes properly down-pipes connected with the side-channels as to prevent any water provided. being discharged upon or over any public foot-path or roadway.

Wood-work.

to be

53. No bond timber or wood-plate shall be built into Bond the thickness of any wall.

timbers or wood- plates not to be built into walls.

Timber or wood-work near flue

or chimney opening prohibited.

Limitation

of pro- jections.

Mouldings shutters and other projections.

Projections into public thorough- fares prohibited.

Proviso in case of public buildings.

Encroach-

ments over Streets regulated.

Schedules

E and F.

Schedules G and H.

Balconies forbidden in streets less than 25

feet wide;

878

54. No timber or wood-work shall be placed in any wall or chimney-breast nearer than nine inches from the inside of any flue or chimney-opening, nor under any chimney- opening within six inches from the upper surface of the heart! of such chimney-opening.

Projections, etc.

55. No encroachment or projection whatsoever, except- ing eaves, cornices and mouldings not exceeding eighteen inches projection, shall extend over any street or unleased Crown land unless with the special permission of the Building Authority.

56. Every eaves, cornice moulding or other projection whatsoever over any street or unleased Crown land shall be constructed of such material and in such manner as the Building Authority may decide and no door, gate, window or shutter opening on any street shall be so hung or placed as to project beyond the building at a height of less than seven and one half feet above the street level.

57. Save as by this Ordinance provided, it shall not be lawful for any person to make any door or gate in such manner as to open over a public thoroughfare, nor to project any door-step or landing on, or across any public foot-path, nor to extend or affix any sunshade, telegraph wire, signboard, lamp, grating, gutter, or other unauthorised projection from any building, in such manner as shall cause obstruction, danger, or annoyance, in any street or to the passengers thereon, or so as to cause any encroachment on or over any street or unleased Crown land:

Provided that in the case of theatres and other public buildings the doors may with the consent of the Building Authority be made to open outwards over a public thorough- fare.

Verandahs, balconies and areas.

58. No encroachment shall be made on, over or into any street whether public or private or into unleased Crown land by any verandah or balcony, or by any area, or by any structure whatsoever-

(1) unless with the previous consent of the Governor and subject to such conditions as he may see fit to impose; and

(2) until the applicant for leave to make such encroach ment shall have previously signed an undertaking in the form contained in Schedules E or F; and

(3) unless in accordance with the regulations contained in Schedules G and H; and

(4) unless the building to which such verandah, balcony, area or structure appertains shall comply in all respects with every provision of this Ordinance.

59. No balcony shall, except with the consent of the Governor in Council, be hereafter erected or re-erected to project over any street, whether public or private, which is less than twenty-five feet in width.

879

building

width of

60. No verandah or balcony shall, except with the or when the consent of the Governor in Council, be hereafter erected or deds in

exceeds re-erected to project from any building which exceeds in height the height the width of the street over which such verandah or the street. balcony is intended to project, nor shall any building from which a verandah or balcony projects be afterwards increased ir height so as to exceed the width of the street over which such verandah or balcony projects.

Balconies.

61. The number of storeys and the projection of Height and

projection of verandahs or balconies projecting over any street shall be Verandahs determined by measuring on the line of the wall abutting on and such street a vertical height equal to the width of the street over which the verandahs or balconies are intended to project and from the point thus determined a line at an angle of 75° with the horizontal shall be drawn and any part of a verandah or balcony except the balustrade, falling outside such line shall be deemed illegal, and no portion of any verandah or balcony shall project beyond the line of kerb of the footpath underneath such verandah or balcony provided that in no case shall the projection exceed 11'6" from the lot boundary adjoining such verandah or balcony and if there be no foot- path the projection of the verandah or balcony shall be determined by the Building Authority.

62. The width of a street shall be determined by the Building Building Authority.

Restriction on partitions, obstructions and inclosures in

verandahs or balconies.

Authority to determine width of street.

Verandahs

inclosed.

not to be

63. No partition (other than such as may be necessary for the separation of the verandah or balcony of any building and balconies from the verandah or balcony of any adjacent building) shall be erected in any verandah or balcony over unleased Crown land or

over any street, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part, (except by a balustrade not exceeding 3 feet in height) or used as a bathroom, urinal, water closet, sleeping apartment, store- room, or kitchen, nor shall any rain or other water be dis- charged therefrom save in the manner hereinbefore provided :

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

Kitchens, fireplaces and chimneys.

accommoda-

64. Every domestic building, and every floor of a Kitchen domestic building which is separately let for dwelling pur- tion to be poses, shall be provided with adequate kitchen accom- provided modation, the internal area of which shall not, except with in domestic the permission of the Building Authority, as signified by the approval of the plan required under the provisions of this Ordinance, be less than sixty square feet, and every kitchen shall be provided with a properly constructed fireplace, and every kitchen shall be properly paved or floored with cement- concrete or other non-absorbent material approved by the Building Authority. The internal surface of the walls, of every kitchen shall also be rendered in cement-mortar, or other non-absorbent material approved by the said Authority,

Limitation of extent of kitchens in tenement houses.

Construction

or fire-

places.

880

to the height of at least four feet from the floor level, and the thickness of such material shall not be less than half an inch.

65. No kitchen of any tenement house shall, without the permission of the Building Authority as signified by the ap- proval of the plan required under the provisions of this Ordin- ance, hereafter be constructed so as to extend across more than one-half of the width of such building if such building has other buildings abutting against it on both sides or is separated from any adjacent building or from land on which any building may be erected by a less space than twenty feet throughout one side. The width of a building shall be measured parallel to the principal front and shall be the average distance between the centres of the party walls or the outer faces of the lateral external walls of such building.

66. Every fireplace shall be constructed with a proper of chimneys chimney or smoke-flue and in such a manner as not to allow the smoke to escape through any window or hole in the walls or roof or through any vent other than such chimney or smoke- flue. The interior surfaces of every brick or masonry chim- ney or smoke-flue shall be smoothly rendered with mortar, or lined with earthenware pipes and no such chimney or smoke- flue shall have less than twenty-eight square inches of internal sectional area, equivalent to a diameter of six inches in the case of circular pipes, unless with the approval of the Building Authority. Except when required for heating purposes, smoke-flues shall be encased with brickwork properly bonded into the wall in connexion with which they are constructed, and, when added to existing buildings, such brickwork shall be built in cement-mortar :

Fireplaces adapted for use of

charcoal or wood to

have hoods.

Floors

under oven, stove, or fireplace

to be incom- bustible.

Chimneys not to be fixed near wood-work.

Thickness

and height of chimney above roof.

Provided that in the case of chimneys or smoke-flues re- quiring to be extended to a greater height than five feet above the roof, any extension in excess of that height may, at the discretion of the Building Authority, consist of iron pipes.

67. Whenever any fireplace is adapted for the use of charcoal or wood as fuel, such fireplace shall be provided with a hood of sheet-metal or other approved material of sufficient size connecting with a chimney or smoke-flue carried up above the level of the main roof.

68. The upper surface of any floor under any oven, stove or fireplace shall be of incombustible materials, extend- ing over the whole area covered by such oven, stove or fire- place and beyond to a distance of nine inches at least on every side of such oven, stove or fireplace; and such floor shall have hearths of stone, tile or other incombustible material laid before every chimney-opening.

69. No chimney or smoke-flue shall be constructed or fixed nearer than nine inches to any wood-work or combustible material unless encased in non-conducting and incombustible material to the satisfaction of the Building Authority.

70. Every brick or masonry chimney or smoke-flue shall be continued up above the roof in brick or cut stone-work, of a thickness all round of not less than four inches, to a height of not less than three feet above the highest point in the line of junction with such roof; and every such chimney or smoke flue hereafter erected above such point shall be built in cement

mortar.

881

tions of

71. Chimneys of brick, stone, or other incombustible Corbelling material, may be corbelled out in the upper storeys of build- and founda- ings, provided that the work so corbelled out does not project chimneys from the wall more than the thickness of such wall, but all regulated. chimneys built in the ground storeys of buildings shall, unless with the consent of the Building Authority, rest upon solid foundations and upon footings similar in every respect to the foundations of the walls against which such chimneys are built.

of back of

72. The back of every chimney-opening, from the hearth Thickness up to the height of four feet above the level of the fire-grate, chimney- shall be at least nine inches thick if in a party wall, or at opening. least four and a half inches thick if not in a party wall.

Windows, Storeys and Rooms.

73. Every storey of every domestic building hereafter Windows erected shall be provided with one window at least opening in Storeys

                              required. either directly or across a verandah or balcony into the ex- ternal air and the total area, clear of any obstruction to the light, of such window or windows shall be at least one tenth. of the floor area of every such storey.

Every storey of every such domestic building shall also be provided with a window of at least ten square feet, clear of any obstruction to the light, in the rear main wall of such building (exclusive of any kitchen or outbuilding attached to the building) opening either directly or across a verandah or balcony into the open space in the rear of such building and the area of such window shall not be included in calculating the window area required by this section.

Every window provided under this section shall be so constructed that at least one half can be opened and the open- ing shall extend as far as is practicable above the floor level.

74.--(1) No domestic building shall hereafter be erected Limitation of a greater depth than thirty-five feet unless every storey of of depth of such building is provided with windows opening into the ex- buildings. ternal air having a total area, clear of any obstruction to the [cf. s. 160]. light (including the window in the rear) equal to not less than one-eighth of the floor area of such storey and so arranged that, in the opinion of the Building Authority, the whole of the storey will be adequately lighted and ventilated.

(2) Provided always that the provisions of this section. shall not apply in any case in which the Crown lease has specially provided for the erection of buildings of a greater depth than thirty-five feet; and provided further that the Governor in Council may in any other case in his discretion grant exemption from or modification of the provisions of this section.

(3) If any such exemption or modification is applied for and refused by the Governor in Council, compensation shall be paid to the owner, claiming in the manner provided for by Section 148, in respect of any land required by this section to be left unbuilt upon in excess of the open space required by Section 82.

depth of a

75. The depth of a building shall be measured on the Measure- ground level from a central point in the outer surface of the ment of front main wall to the outer surface of the nearest main wall building. of the same building opposite to such front main wall.

76. In any case where it may be found necessary the Determina- Director of Public Works shall determine which is the front tion of and which is the rear of a building.

front and

rear

Every room to be provided with sky- light or window.

[cf. s. 160].

Obstruction

of windows in tenement houses.

Open space between new building

and hill-side. [cf. s. 160].

Sub-soil drainage of

such open spaces.

Structures in areas

prohibited.

882

77. No room shall be constructed in any storey of any existing domestic building, or of any domestic building here- after erected, unless such room is provided with a sky-light, or with a window or windows opening either directly or across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level.

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as may be deemed expedient.

78. No window of any tenement house shall be obstructed. by the erection of any structure whatsoever.

Open spaces, lanes, etc.

79. No person who shall erect a new domestic building or alter any existing domestic building on a site excavated out of a slope or declivity shall permit such building or part thereof to abut against the hill-side, but a clear intervening space or area of a width of not less than one-fourth of the height of the cutting shall be left between such building, along its whole extent, and the toe of the cutting: Provided that such inter- vening space or area shall in no case be of a less width than eight feet in any part as measured on the ground level of such building, and shall not encroach in any way upon any street; Provided further that the Governor in Council may grant ex- emption in any case in which the provisions of this section may appear to him to be inapplicable.

The height of the cutting shall be measured on a vertical line drawn from the toe of such cutting, and extending from the finished ground or concreted surface to a point where it meets a line drawn at an angle of thirty degrees with the horizontal from the top of the cutting.

80. Every person who shall, under the provisions of section 79 leave a clear intervening space or area between a new domestic building and the hill-side, shall make the surface of the floor of such area at least six inches lower than the level of the lowest floor of such building, and he shall, if so required by the Building Authority, lay, to the full extent of such area, along the toe of the slope of the hill-side, and to a depth of at least twelve inches below the surface, a line of hard sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the sub-soil of such area, and he shall not cause such sub-soil drain to be passed out under the floor of any building, unless any other mode of outlet may be impracticable; and, in such case, he shall cause the sub-soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor. The floor of every such area shall have a fall of not less than 1 in 40 towards the outlet for the drainage of such area, and shall be covered with a layer of impervious material, as provided for in this Ordinance, and shall be channelled.

81. Every area shall be kept, at all times, free and unobstructed by structures of any kind other than a bridge or flight of steps not exceeding three feet and six inches in

!

883

width, nor shall such area be roofed in or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing or fence, along its upper edge.

of open

for domestic

82. (1) Every domestic building hereafter erected or Provision re-erected shall be provided by the owner with an open space spaces and in the rear, or partly in the rear and partly at the side, access lanes exclusively belonging to such building, equal in area to not buildings. less than one half of the roofed-over area of such building; [cf. s. 160]. and the level of such open space shall not be less than 6 inches below the floor of the lowermost storey. Provided that in the case of a domestic building hereafter erected or re-erected on a site leased from the Crown prior to the 21st February 1903 and having a depth of forty feet or under the open space may be equal in area to not less than one third of the roofed-over area of such building.

In addition to such open space the owner shall provide a lane to the satisfaction of the Building Authority, giving access to some public or private street and shall submit a plan of such proposed lane to the Building Authority for approval. Such plan shall be prepared with a view to promoting uniformity in the laying out of such lanes.

Every lane shall be formed to such levels as the Building Authority may direct.

(2) A lane shall not be required in the case of any detach- ed or semi-detached domestic building which has a side lane or yard extending the entire depth of the building and of a width of not less than five feet and also has a clear and unobstructed area in the rear of the building of a depth of not less than eight feet and extending for the full width of the site, but no such building shall be deemed to be semi-detached unless it is one of a pair of buildings each of which has a side lane or yard as above described.

(3) Kitchens, bathrooms and latrines not exceeding ten feet in height above the highest point of the surface of the open space may be erected in the aforesaid open space, but such buildings shall not cover more than one fourth of such open space.

(4) In the event of the open space being provided partly in the rear and partly at the side, the proportion of such open space

shall not in either case be less than one half of the whole area required under this section.

(5) The open space in the rear or at the side shall not be inclosed except by boundary walls or fence of a height not exceeding eight feet, containing a doorway communicating with the lane in the rear or the side lane provided under sub-section (2) of this section.

(6) In no case shall any obstruction whatever be placed or erected in any lane or open space provided under this section except as hereinbefore permitted.

(7) In no case shall the Building Authority require the space for a lane, expressly provided for one building, to be of a greater width than five feet and when such a lane is on land leased from the Crown prior to the 21st February, 1903, and the building for which the lane is provided has no

Alteration

of open space.

[cf. s. 160].

Access lanes for non-domestic buildings.

Meaning of re- erection.

884

verandahs or balconies projecting over a street, then any width of the lane in excess of three feet may be included as open space.

(8) No portion of any street shall be included in calculating the area of open space required by this section. except as allowed by sub-section (7) and no portion of the open space required by this section, except any width of a lane in excess of three feet as allowed by sub-section (7), shall be deemed to be a street.

(9) For the purpose of this section, no yard or space which is inclosed on all sides by walls having a height of more than eight feet shall be included in calculating the area of open space.

(10) The Governor in Council may modify the foregoing requirements in any case in which the Crown lease or the agreement for a Crown lease has specially provided for an open space in the rear of any such building of a less area than is hereby required, and may in any other case make such modification as may be recommended by the Director of Public Works upon such conditions, if any, as may be deemed ex- pedient.

83.-(1) No existing domestic building which has an open space of less area than that required by section 82 shall hereafter be altered in such a manner as to encroach on the existing amount of open space and no existing domestic build- ing which has a greater amount of open space than that re- quired by section 82 shall hereafter be altered in such a manner as to reduce the amount of open space to less than that required by section 82.

(2) The Building Authority, with the consent of the Gov- ernor in Council, shall have power in any case to grant a modification of the requirements of this section upon such conditions, if any, as the Building Authority may deem ex- pedient.

84. Every building, other than a domestic building, hereafter erected or re-erected shall be provided with such a lane as is referred to in sub-section (1) of Section 82, but a lane shall not be required in the case of a detached or semi-detached building and in any other case where, in the opinion of the Building Authority, a lane is not considered

necessary.

85. For the purpose of Sections 82 and 84, re-erection. includes every alteration of an existing building in such a manner as to make the resulting building a new building or in such a manner as to make the resulting building or any part thereof an exceptional building, but the erection of reinforced concrete stairs, lintels or kitchen or bathroom. floors only, in an existing building shall not be deemed to make such building an exceptional building and

Provided that :-

(1) In the case of an existing building which is provided by the owner with an open space in the rear or partly in the rear and partly at the side exclusively belonging to such building, equal in area to

      to not less than one third of the roofed-over area of such building, the erection of reinforced concrete floors only shall not be deemed to make such building an exceptional building.

L

885

(2) Proviso (1) shall only be effective for a period expiring on the 31st December 1940.

86. The owner of every building provided with open Means of space shall provide means of access to such open space to access to the satisfaction of the Building Authority.

Vertical Height of buildings to Main wall-head.

open space.

87. The height of every building shall hereafter be re- Limitation gulated in accordance with the following rules, unless the of height of

buildings. Governor in Council shall otherwise permit :-

(1) No existing building on land leased from the Crown prior to the 21st February, 1903, which does not exceed in height one and a quarter times the width of the street upon which it abuts shall hereafter be raised to a height exceeding one and a quarter times the width of the street upon which it abuts.

(2) No existing building on land leased from the Crown prior to the 21st February, 1903, which exceeds in height one and a quarter times the width of the street upon which it abuts, shall hereafter be increased in height.

(3) No building on land leased from the Crown prior to the 21st February, 1903, shall hereafter be erected or re- erected to a height exceeding one and a quarter times the width of the street upon which it abuts.

(4) No existing building which has verandahs or balconies projecting over a street and which exceeds in height the width of the street upon which such building abuts shall hereafter be increased in height.

(5) No building on land leased from the Crown after the 21st February, 1903, shall be erected to a height exceeding the width of the street upon which it abuts.

(6) No building which does not fall within the provisions of paragraphs (1), (2), (3), (4) or (5) of this section shall be erected or re-erected or raised to a height exceeding such height as the Building Authority may authorise, but in the case of a building on land abutting upon a street the Building Authority shall have no power to require such building to be of a less height than that specified in such of the fore-going paragraphs as would apply if such building had been so ar- ranged as to abut upon such street.

(7) No building shall exceed three storeys in height unless such building is constructed of fire resisting materials through- out and no domestic building shall exceed five storeys in height unless with the consent of the Governor in Council.

(8) In the event of any building being hereafter erected or re-erected on a corner site so as to abut upon more than one street, or in the event of any building on a corner site being increased in height, the height of such buildings shall be regulated by the widest or wider of the streets upon which it abuts, so far as it abuts or will abut upon such widest or wider street and also so far as it abuts or will abut upon the narrower streets or street to a distance not exceeding twice the width of such narrower street as measured from the wider street.

[cf. s. 160].

Method of

determining

height of buildings.

[cf. s. 160].

886

(9) In the event of any building being hereafter erected or re-erected so as to abut upon more than one street although not on a corner site, or in the event of any such building being increased in height, the height of the several parts of such building shall be regulated by the widths of the streets upon which they respectively abut.

88.-(1) Whenever it is practicable to do so the overall height of any building hereafter erected or re-erected shall be determined by measuring on the line of the wall abutting upon the street which regulates the height, from the level of such street, the vertical height allowed by section 87.

Such vertical height shall also be measured from the level of such street on the line of the nearest main wall of the same building opposite to the wall abutting on the street.

From the points thus determined on the two main walls, lines shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, be drawn at angles of 68 degrees with the horizontal, and in the case of buildings on land leased from the Crown after the 21st February, 1903, lines shall be drawn at angles of 634 degrees with the horizon- tal, and any part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) falling outside such lines shall be deemed illegal and no part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, extend beyond an overall height measured from the level of the street upon which the building abuts, equal to twice the width of such street and in the case of buildings on land leased from the Crown after the 21st February, 1903, no part of the building shall extend beyond an overall height measured from the level of the street upon which it abuts equal to one and a half times the width of such street.

Provided that :---

(a) In the case of a domestic building, hereafter erected. or re-erected on land leased from the Crown after the 21st February, 1903, any part of the building, in the rear of the nearest main wall of the same building opposite to the front main wall, may be erected to a height equal to the width of the street on which such building abuts but no portion whatsoever of such rear part of the building (except any chimney, party wall or parapet not exceeding three feet in height) shall extend beyond the height so determined.

(b) In the case of a domestic building hereafter erected or re-erected on land leased from the Crown prior to the 21st February, 1903, and which has no verandahs or balconies projecting over any street, any part of the building in the rear of the nearest main wall of the same building opposite to the front main wall, which does not extend more than half the width of the main building as measured on the rear main wall, may be erected to a height equal to one and a quarter times the width of the street on which such building abuts.

abuts. From a point thus determined on the rear main wall of such rear part of the building a line may be drawn at an angle of 68° with the horizontal and no portion of this part of the building whatsoever (except any chimney, party wall or parapet not exceeding three feet in height) shall fall outside such line.

887

(c) In no case shall any building hereafter erected or re-erected exceed five storeys in height or an overall height of eighty feet unless with the consent of the Governor in Council.

(2) In the event of the street on which a building abuts not being level throughout the extent of such building, the height shall be measured from the central point of the external face of the wall abutting on such street.

(3) The vertical height allowed by section 87 shall apply only for the width of the building so far as it abuts upon the street by which the height is regulated; and the height of any portion of the building which does not so abut shall be determined by the Building Authority.

(4) In any case which does not fall within the fore-going provisions the height of the buildings shall be determined in such manner as the Building Authority may direct.

(5) The diagrams which follow this section are used as illustrations only of the rules set out in this and the preceding section. They shall not be deemed to control the text.

TREATMENT OF DOMESTIC BVILDINGS ERECTED ON

LOTS SOLD BEFORE

AND AFTER 1903.

:

"

A ROAD

DOMESTIC BUILDINGS ERECTED ON LOTS SOLD PRIOR TO 1903

6312

ROAD

DOMESTIC BUILDINGS`

ERECTED ON LOTS SOLD) AFTER 1903

ROAD

63

888

"A" ROAD

x1

TREATMENT OF NON- DOMESTIC BVILDINGS ERECTED ON LOTS SOLD BEFORE AND AFTER 1903.

"A" ROAD

NON DOMESTIC BUILDINGS

ERECTED ON LOTS SOLD

PIOR

TO 1903

LA

SCAVENGING LANE

68°

ROAD

-1/4 x "B"

"B"

SCAVENGING LANE

"B" ROAD

163/1/2 +

NON DOMESTIC

BUILDINGS ERECTED ON LOTS SOLD AFTER 1903,

"C" ROAD

"C" ROAD

889

"A" ROAD

68°

"R" ROAD

=1/4*R**

-/KRA

TREATMENT OF BVILDINGS ERECTED ON LOTS SOLD BEFORE AND AFTER 1903 HAVING

A STREET AT THE REAR

14 A

2x4

"A" ROAD

BUILDINGS ERECTED ON LOTS JOLD PRIOR TO

1903

634°

1/2*8

"B" ROAD

68%

"R" ROAD

BUILDINGS ERECTED

ON LOTS SOLD AFTER 1903

"

"B" ROAD

890

CORNER TREATMENT OF BVILDINGS ERECTED ON LOTS SOLD

BEFORE 1903.

68%

2x

68°

"B" ROAD

"A" ROAD

"B"

2x 8

"B" ROAD

891

New private streets to be

892

Private streets.

89. No new street on land held under lease from the Crown shall be constructed for the purpose of the erection of new buildings fronting thereon until a block plan of the whole approved by of the property concerned drawn to a scale of not less than

Building Authority.

Width of

new private streets.

Space in front of new buildings in private

lanes.

Obstruction of street by buildings

prohibited.

Compensa- tion in case of

refusal to

allow re- erection.

Penalty.

Construction maintenance

of private

streets.

one-twentieth of an inch to the foot, showing such proposed street, and its connexions with neighbouring streets together with the proposed levels and any scavenging lanes as well as the proposed method of construction and surface drainage, shall have been submitted to and approved by the Building Authority.

90. No new street on land held under lease from the Crown within the City of Victoria, on which domestic buildings front, shall be of a less width throughout than thirty feet, and no such street outside the City of Victoria shall be of a less width throughout than forty feet. Every such street shall open, at one end at least, upon some existing or projected public street.

91. Every person who shall erect fronting a private lane any new domestic building shall so place the said building that along its entire frontage there shall be an open space of at least seven and a half feet in width, measured from the centre line of such lane.

92.-(1) No building shall hereafter be erected or re- erected over any entrance to or over or upon any portion of any street on land held under lease from the Crown nor shall any other obstruction of any kind be maintained or placed in, over, or upon any portion of any such street, unless with the consent of the Governor in Council.

(2) In the event of the refusal of the Governor in Council to consent to the re-erection of any building to which this section applies, compensation shall be paid by the Government to the owner of such building, the amount of such compensa- tion to be determined by arbitration as hereinafter provided.

(3) Every person who contravenes any of the provisions of this section shall be liable upon summary conviction to a fine not exceeding one hundred dollars.

93.-(1) Every street or lane on land held under lease. and lighting from the Crown on which buildings front, adjoin, or abut, shall be concreted or otherwise surfaced, channelled, sewered and drained to the satisfaction of the Building Authority and shall be maintained in good order to his satisfaction at the expense of the owners of the lands and premises fronting, adjoining or abutting on the street or lane.

In the event of the owner of any lands or premises so fronting, adjoining or abutting on such street or lane failing to concrete or otherwise surface, channel, sewer, drain or main- tain such street or lane to the satisfaction of the Building Au- thority, Government may carry out such work and the Build- ing Authority may apportion the cost thereof between the several owners in proportion to the width of their land at the place where it fronts, adjoins or abuts on such street or land; and the Building Authority may recover such apportioned cost together with interest thereon at the rate of 8% per annum from the date of demand for payment thereof made by the Building Authority, by action in the summary jurisdiction of the Supreme Court against the person who at the time when the apportionment is made is the owner of the premises or

893

against any person who subsequently becomes and, at or after the date of the commencement of such action is the owner thereof.

The Building Authority may at any time after making the apportionment and notwithstanding any change of ownership in the meantime, register in the Land Office against any pre- mises included in the apportionment, notice of the sum appor- tioned thereon and upon registration of the notice such sum together with interest thereon at the rate of 8% per annum from the date of demand for payment made by the Building Authority shall be and remain a charge on such premises.

(2) Every street on land leased from the Crown may if the Building Authority thinks fit be provided with lighting apparatus by Government and the cost of providing and main- taining such apparatus shall be borne by the several owners respectively in proportion to the width of their lands and premises at the place where the same fronts, adjoins or abuts on such street and the Building Authority may apportion the cost thereof between the several owners in the same manner as is provided by sub-section (1) and the Building Authority shall have the same power and means of recovering such cost as is provided by sub-section (1).

The cost of illumination of such street shall however be borne by Government.

Water closets and latrines.

94. Every latrine shall be constructed of brick, stone, or Construction other material approved by the Building Authority, and shall and have a clear internal area of not less than seven square feet, of latrines. and no latrine shall have direct communication with a street.

95. Every pail latrine shall open into the outer air and not into the building.

dimensions

and internal

96. Every latrine shall have a suitable door and an open- Ventilation ing or openings for ventilation into the external air of not rendering of less than two square feet in aggregate immediately under the latrines." roof. The internal walls of every latrine shall be rendered in cement mortar or other non-absorbent material approved by the Building Authority to the height of at least three feet and the thickness of such material shall not be less than half an inch.

97. The floor of every latrine hereafter erected on any Construction ground floor shall be raised at least six inches above the level of floor of of the surface outside.

latrines.

to be

98. No pail latrine shall be so constructed as to have any Latrines direct communication by means of any pipe, drain or grating, not tected with any underground drain or sewer, and any existing pail with drain. latrine having such communication shall have the same com- pletely cut off by the owner when so required by the Building Authority.

water

99. No water pipe or water tap shall be led to, or fixed Direct in or over, any water closet, latrine or urinal, without the connexion of intervention of a cistern or tank between such water pipe or service with water tap and the water service pipe.

latrines etc. prohibited.

Separate

894

100. Every domestic building and every floor of a dwellings and domestic building hereafter erected which is separately let for

exceptional

buildings

to have

adequate latrines or

dwelling purposes shall be provided with adequate latrine ac- commodation to the satisfaction of the Building Authority and every exceptional building shall be provided by the owner water-closets. thereof with adequate latrine accommodation on the premises for the separate use of each sex to the satisfaction of the Building Authority.

Sub-soil

drains to

when

Drainage works.

101. Where in the opinion of the Building Authority the be provided site on which any domestic building is about to be erected or re-erected is so damp as to require subsoil drains, adequate provision of such drains shall be made to the satisfaction of the Building Authority.

required.

Drains to

in new buildings.

102. Every owner of a new building shall construct the be provided ground floor of such building at such sufficiently high level as will allow of the construction of a drain and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty, at a point in the upper half-diameter of such sewer.

Drainage works to be carried out by

103. All works connected with the construction, repair, amendment, disconnexion, trapping, and ventilation of drains. shall be carried out at the cost of the owner of the building approved by by persons approved by the Building Authority under the supervision of his officers and in all respects to his satisfaction.

persons

Building Authority.

Drains in existing buildings to be

amended

or recon-

structed if

defective.

Drainage

104. (1) The Building Authority may, by a written. notice, require the owners of existing buildings, the drains of which are, in his opinion, in a defective or insanitary condition. to construct, within a reasonable time, new drains in accord- ance with the provisions of this Ordinance, or to make such other improvements in the existing defective drainage of such buildings as may be necessary to meet the requirements of this Ordinance.

      (2) Drainage regulations may be made by the Governor Regulations. in Council. The regulations in Schedule J shall be deemed

to have been made under this sub-section.

Schedule J.

Groups of

be drained

in combina-

tion if

105. If the Building Authority considers that a group buildings to of contiguous buildings may be drained more advantageously in combination than separately, he may order that such group be drained upon some combined plan to be approved by him, and the cost thereof shall be apportioned by the Building Authority between the different owners of such group of contiguous buildings.

required by Building Authority:

Owner's liabilities as to

drains.

106. If any building be without a sufficient drain, and if a public sewer of sufficient size be within one hundred feet of the premises or outermost boundaries of the lot on which such building is situated, and if such public sewer be on a lower level, it shall be lawful for the Building Authority to require the owner of such building to construct a drain in such a manner as shall allow of the requisite communication with such public sewer, and such drain shall be adequately trapped and ventilated to the satisfaction of the Building Authority.

Provided always, that if any owner, by order of the Build- ing Authority, drains his building into a public sewer, he shall not be required to drain such building at his own expense into any other public sewer.

895

opened by

of the

107. Whenever the Building Authority shall have reason Suspected to believe that the drains of any building are defective or in drains to be a condition injurious to health it shall be lawful for him to an officer order an inspecting officer to enter the premises and to inspect Building such drains, and, if requisite for the purpose of such in- Authority. spection, such officer shall cause the ground to be opened in any place he may deem fit, doing as little damage as may be, and should such drains be found in a satisfactory condition, they shall be reinstated and made good at the public expense; but should such drains prove to be defective, the Building Authority shall cause them to be properly reconstructed, re- paired, or amended by the owner in accordance with the pro- visions of this Ordinance.

drainage

108. In isolated places not provided with any public Where no drainage system, every private drain or channel shall have its public course and outfall constructed in such manner as the Building system, Authority may approve.

drains

to be to satisfaction of Building Authority.

connexions

109. Every drain on private property shall be laid as Drain directed by the Building Authority under the provisions of this with main Ordinance; and, upon its completion, every such drain shall sewers to be be connected with the Government main sewer by the Director regulated by of Public Works, who shall have power to regulate the number of Public and position of the connexions to be made.

Nullahs, storm water-channels and drains.

Director

Works

etc.

110. No building shall hereafter be erected over any Building public drain, nullah, or storm water-channel, whether natural over drains, or artificial, without the written consent of the Governor in [cf. s. 160]. Council.

111. No nullah, or storm water-channel, whether natural Nullahs. or artificial, shall hereafter be covered over except by a bridge not exceeding fifty feet in length, without the written consent of the Director of Public Works.

Director of

112. All work permitted under sections 110 and 111 Powers of shall only be carried out under such conditions as may be im- Fublic posed by the Director of Public Works, and to his entire satis- Works. faction. In framing such conditions, he shall make due provision for the sub-soil drainage of adjacent land, and for access for the purpose of inspection and cleansing.

ference with

or water-

113. It shall not be lawful for any person to dig out the Inter- foundations of any building, or to excavate any site for any any drain, purpose whatsoever, in such manner as to cut into, open out, nullah, divert, undermine, obstruct, dam, or otherwise interfere with catch-water any drain, nullah, catch-water or water-channel, whether channel situated on leased or unleased Crown land, unless he has prohibited. provided to the satisfaction of the Director of Public Works for the escape of any waters flowing through such drain, nullah, catch-water or water-channel.

Wells.

114. Except with the permission of the Building Au- Wells for thority, which may be granted upon a written application, it flushing. shall not be lawful to sink or re-open any well to be used for the purpose of flushing water closets or urinals, or to allow any such well to be sunk or re-opened.

Exclusion

of surface water.

Timber stores to be inclosed.

Occupation of new building

without a certificate prohibited.

Schedule K.

896

Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

Timber Stores.

115. Every building, yard or other place used for the storage of timber, other than timber in baulk, shall, unless exempted by the Director of Public Works, be inclosed on all sides by brick walls at least ten feet high and fourteen inches thick. Every such building, yard or place shall have a clear passage-way not less than six feet in width between such walls and the boundary of any other premises. No portion of any building, yard or place, if used for the storage of more than three hundred cubic feet of timber, other than timber in baulk, shall be within fifty feet of any building or premises used for other

any

whether on the same or on an ad- purpose joining lot.

No building used for the storage of timber, other than timber in baulk, and no building in any yard or place used for the storage of timber other than timber in baulk shall exceed in height thirty feet measured from the level of the ground to the extreme top of such building.

No pile, stack or store of timber shall exceed thirty feet in height from the level of the ground.

It shall not be lawful to form in any pile, stack or store of timber any room or chamber or space (other than a passage) to be used for any purpose whatever.

For the purpose of this section, timber in baulk shall not include China fir poles.

Occupation of new buildings.

116.-(1) No new building shall be occupied or used in any way, except by caretakers only not exceeding two in number, until an authorised architect shall have certified in writing according to the form contained in Schedule K to the Building Authority that such building complies in all respects with the provisions of this Ordinance, and is structurally safe, nor until the owner shall have received from the Building Authority a written permit to occupy such building.

(2) If, after receiving such certificate from an authorised architect, the Building Authority or any officer deputed by him shall discover that in certain respects such building does not comply with the provisions of this Ordinance and of all Regulations made thereunder, the Building Authority may require the authorised architect who signed such certificate to pay a fee of fifty dollars (which shall be paid into the Colonial Treasury) for each further inspection and no permit that such building shall be occupied shall be issued by the Building Authority until he shall have received a further certi- ficate as aforesaid signed by an authorised architect.

(3) If the Building Authority does not, within fourteen days of the receipt of the aforesaid written certificate, notify the owner or his architect or other representative that the building is not in accordance with the provisions of this Ordin ance, such building may be occupied: Provided that in the

;

897

event of any contravention of this section, the occupier and also the owner shall be liable for such contravention, unless such owner proves that such occupation has taken place with- out his knowledge or consent.

Dangerous buildings.

of dangerous

117. Every owner of a building which may be declared Shoring by the Building Authority, or an officer deputed by the and fencing Governor in Council in that behalf, by an order in writing building. to such owner, to be dangerous, shall cause the same to be shored or otherwise properly secured and shall erect, in such manner as may be directed by the Building Authority, or an officer deputed as aforesaid, a proper fence or hoarding for the protection of passengers.

down

118. Buildings rendered dangerous by fire, wind or Taking other cause of whatsoever nature, to such an extent as, in dangerous the opinion of the Building Authority, or an officer deputed building. by the Governor in Council in that behalf, necessitates their being taken down partly or wholly or otherwise made safe shall, upon the service on the owner of an order in writing from the Building Authority, or an officer deputed as afore- said, declaring that such building is in a dangerous condition and must be taken down partly or wholly or otherwise made safe and specifying the time within which the work is to be done, be taken down or made safe by such owner accordingly.

cost of

owner.

119.-(1) If the owner of a dangerous building cannot Shoring or be found, or if. on such notice in writing as aforesaid, he dangerous refuses or neglects within the time fixed in such notice to building at shore or otherwise properly secure or to take down such dangerous building or such portion thereof as may be declared to be dangerous by the Building Authority, or an officer deputed as aforesaid, such dangerous building or such portion thereof shall, without delay, be shored or otherwise properly secured or taken down by persons employed by the Building Authority who shall be entitled to recover the cost thereof from the owner.

in cases of

(2) In all cases of emergency, the Building Authority Procedure or an officer deputed as aforesaid, may cause the necessary emergency. work to be done without any notice whatever, the cost of such work being recoverable from the owner.

The decision of the Building Authority or of an officer deputed as aforesaid, that the particular case is one of emergency, shall be final and binding on all persons.

(3) Costs recoverable by the Building Authority from the owner under sub-sections 1 or 2 shall constitute a first charge on the land and premises on which the dangerous building is situated: Provided that the land and premises shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.

building.

120. It shall be lawful for a magistrate on a representa- Powers of magistrate tion being made to him by the Building Authority, or by an in case of officer deputed by the Governor in Council in that behalf, dangerous that the whole or any part of a building, by reason of any crack, settlement or other defect having shown itself in it, or by reason of the materials used or method of its con- struction having been found by examination to be defective,

Inflammable structures

not to be erected without

898

is liable to become dangerous, to order such building or part of such building to be closed by or under the direction of the Inspector General of Police, and to remain closed until the Building Authority, or an officer deputed as aforesaid, has certified in writing that the defects have been remedied to his satisfaction: Provided that at least seven days notice in writing of the intention to make any such representation shall be given to the owner of any building affected thereby or to his representative.

Every person found inhabiting or using any building or part thereof closed

aforesaid shall upon as

                             summary conviction be liable to a fine not exceeding one hundred dollars, and to a further fine not exceeding fifty dollars for every day that such person shall continue to inhabit or use such building after conviction.

Provided always that nothing in this section contained shall be construed as affecting the powers expressly vested in the Building Authority and the officer deputed as aforesaid in sections 117, 118 and 119.

Matsheds and other inflammable structures.

121.-(1) It shall not be lawful for any person to erect or maintain any structure of wood, mats, palm leaves, thatch, or other inflammable material, without permission in writing from the Building Authority, or an officer deputed and prohibit by him in that behalf, and except subject to the regulations

contained in Schedule L.

permission

ed within

gathering

ground of

a public

reservoir.

Schedule L.

(2) No such structure shall be erected on any land which is situated within the gathering ground of any public reservoir without the special permission of the Building Authority.

(3) Every person who erects or maintains any structure in contravention of the provisions of this section shall upon summary conviction be liable to a fine not exceeding one hundred dollars, and the magistrate may further order the building to be removed.

Precautions to be adopted when

blasting.

Blasting.

122. It shall not be lawful for any person to blast any stone, earth or other material unless he shall have fully covered over and weighted down such material with a sufficiently heavy timber shield, or taken such other precautions as shall effectually prevent any fragments from being projected in such a manner as to be dangerous, and unless, in addition, he shall previously have fully warned all persons within a

within a radius of five hundred feet from the proposed blast by means of red flags and by the beating of a gong continued for at least five minutes, previous to the firing off of such blast. No blast shall be fired off except between 12 noon and 12.30 p.m., and between 4.30 p.m. and 5 p.m., or between such other hours as the Governor in Council may, by notification, appoint: Provided that in all Government quarries. whether leased or otherwise, the blasting of stone shall be subject to regulations made by the Governor in Council.

}

+

899

Every person who contravenes any of the provisions of this section shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder and likewise the contractor or foreman under whom such labourer is working.

Earth cutting.

as to earth

123. It shall not be lawful for any person to cut or Regulations remove earth, sand, clay or turf, or to collect, extract, split, cutting etc. blast or remove stones, from any land not under lease from Schedule M. the Crown, except subject to the regulations contained in Schedule M, or without the permission in writing of the Director of Public Works, or in such manner as shall under- mine or in any way prejudically affect or endanger the stability of any bank or of any land or property adjoining.

Every person who contravenes any of the provisions of this section or of any such regulations shall be liable on summary conviction to a fine not exceeding one hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-helder, and likewise the contractor or foreman under whom such labourer is working.

Powers and duties of the Building Authority as to entry

and inspection.

inspect

124. (1) The Building Authority, or any oflicer Power to deputed by him for the purpose, may at any time enter and enter and inspect any building for the purpose of ascertaining whether buildings. the requirements of this Ordinance are carried out in relation thereto or whether any building is dangerous, and in the event of his discovering that the requirements of this Ordinance have been contravened in any particular, or that any building is dangerous, the owner thereof or his duly authorised agent shall, upon receipt of an order in writing from the Building Authority, stop the operations upon such building until such contravention has been rectified or such building has been taken down or rendered safe. Every person in charge of the erection of any building shall provide planks, ladders, or other reasonable means of access to every part of such building to facilitate the inspection, and the Building Authority shall have power to do any thing to any such building which he may consider necessary for the purpose of making an efficient inspection thereof.

may be

(2) For the purpose of inspecting any building or wall Openings believed to be in a dangerous condition the Building in building Authority, or an officer deputed as aforesaid, may cause such made. openings to be made therein as he may deem fit: Provided that at least twenty-four hours notice in writing of his intention to make any such openings shall be given to the owner or his duly authorised agent.

Director of Public Works may stop or divert traffic.

Building nuisances defined.

Notice to abate build- ing nuisance.

900

Stoppage or diversion of traffic.

125. The Director of Public Works shall have power, on his being satisfied of the necessity therefor, to temporarily stop or divert or partially stop or divert the traffic along any street, or to block up or occupy or partially block up or occupy such street, for the purpose of carrying out any works of whatsoever nature: Provided that, if the traffic in a street is stopped or diverted, or a street is blocked up, notice to the public shall be given, whenever practicable.

Building nuisances.

126. (1) The following shall be deemed to be nuisances under this Ordinance :-

1. Any verandah, balcony, area or structure which is not in accordance with the provisions of this Ordinance.

2. Any unauthorised encroachment on, over or into any land not under lease from the Crown.

3. Any building or works whatsoever hereafter com- menced, carried on, resumed, altered or completed in con- travention of any of the provisions of this Ordinance.

4. Any structure erected or maintained in contraven- tion of the provisions of this Ordinance.

5. The use in any building or works of any defective materials or of any materials contrary to the requirements of this Ordinance.

6. Any failure to supply, or any inadequate or defective provision of drain, draintrap, water flushed sanitary appliance or fitting, ventilating pipe, sub-soil drainage or cesspool accommodation.

7. Any act, failure, neglect, omission or refusal whereby any provision of this Ordinance is contravened.

8. Any act, failure, neglect, omission or refusal whereby any condition or term attached to the grant of any modification of or exemption from any provision of this Ordinance is contravened.

(2) In respect of any offence against paragraph 5 of sub-section (1), every person who as architect, engineer, or clerk of works, specifies or condones the use of improper or defective materials or, as contractor, makes use of improper or defective materials and also the owner of any building or works on which any such improper or defective materials are used, shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding fifty dollars a day for every day that the nuisance remains unabated.

Abatement of nuisances.

127. (1) The competent authority to deal with nuisances under this Ordinance shall be, unless the context otherwise requires, the Building Authority or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent authority as hereinbefore defined, such authority may at his

I A

901

a

discretion serve a notice in the form contained in Schedule Schedule N. N, (with such modifications, if any, as may be necessary) on the author of the nuisance or if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before magistrate. who either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction, under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

order

128. In case the said nuisance shall not be abated Magistrate's within the time limited, it shall be lawful for a magistrate empowering to make an order empowering the Building Authority to abatement abate the nuisance; and all expenses, incurred by such of nuisance. Authority in causing such nuisance to be abated as aforesaid, shall forthwith be paid by the person against whom the original order to abate such nuisance was made, or failing him by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

abatement of

materials.

129. Whenever the demolition of any building or Recovery of works or any part thereof shall take place under any order expenses of made under section 128, it shall be lawful for the Building nuisance by Authority, in case of non-payment of the said expenses by sale of the person liable to pay the same to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

payment of

130. In case the person liable to pay the same shall Distress in not forthwith pay all expenses incurred by the Building case of non- Authority in the abating of any nuisance as required by expenses. this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

131. Nothing in this Ordinance shall affect any other Saving of remedy for the abatement of nuisances.

Service of notice, summons or order.

other remedies for nuisances.

notice,

order.

132. Any notice, summons or order given, issued or Method of made under the provisions of this Ordinance, may be served service of upon the person affected by the document to be served, summons or either personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last- known place of business or residence of the person to be served, or, if there is no occupier of such premises. by

902

putting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or if the whereabouts of such owner or agent be unknown by posting a registered letter addressed to such owner or agent, at his last-known place of residence or of business in the Colony.

Provisions concerning buildings on line of junction

when ad- joining lands are unbuilt on.

Rights of building and adjoining owners.

133. Where lands held under lease from the Crown by different owners adjoin and are unbuilt on at the line of junction, and either, owner is about to build on any part of the line of junction, the following provisions shall have effect :-

(1) if the building owner desires to build a party wall on the line of junction, he shall serve notice thereof on the adjoining owner describing the intended wall;

(2) if the adjoining owner consents to the building of a party wall, the wall shall be built half on the land of each of the two owners, or in such other position as may be agreed between them;

(3) the expenses of the building of the party wall shall from time to time be defrayed by the two owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively;

(4) if the adjoining owner does not consent to the building of a party wall, the building owner shall not build the wall otherwise than as an external wall placed wholly on his own land;

(5) if the building owner does not desire to build a party wall on the line of junction but desires to build an external wall placed wholly on his own land, he shall serve notice thereof on the adjoining owner describing the intended wall;

(6) where in any of the cases aforesaid the building owner proceeds to build an external wall on his own land, he shall have a right at his own expense, at any time after the expiration of one month from the service of the notice, to place on the land of the adjoining owner below the level of the lowest floor, the projecting footings of the external wall with concrete or other solid substructure thereunder, making compensation to the adjoining owner or occupier for any damage occasioned thereby. The amount of such compensation, if any difference arises, shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be deter- mined.

Where an external wall is built against another external wall or against a party wall, it shall be lawful for the Building Authority to allow the footing of the side next such other external or party wall to be omitted.

-

903

134. The building owner shall have the

rights in relation to party structures and

structures-

following Rights of

adjoining building

owner in relation to party structures,

(1) to make good, underpin, or repair any party etc. structure which is defective or out of repair;

(2) to pull down and rebuild any party structure which is so far defective or out of repair as to make it necessary or desirable to pull it down;

(3) to pull down any timber or other partition which divides any buildings, and is not conformable with the provi- sions of this Ordinance, and to build instead thereof a party wall conformable thereto;

(4) in the case of buildings having rooms or storeys the property of different owners intermixed,-to pull down such of the said rooms or storeys, or any part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(5) in the case of buildings connected by arches or com- munications over streets belonging to other persons,-to pull down such of the said buildings, arches or communications or such parts thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(6) to raise and underpin any party structure permitted by this Ordinance to be raised or underpinned or any external wall built against such party structure, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof, and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against such party structure or external wall;

(7) to pull down any party structure which is of insuffi- cient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above purposes, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof;

(8) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by such operation;

(9) to cut away any footing or any chimney-breast, jamb or flue projecting, or other projection from any party wall or external wall in order to erect an external wall against such party wall, or for any other purpose, upon condition of making good all damage occasioned to the adjoining premises by such operation;

any

wall or

(10) to cut away or take down such parts of building of an adjoining owner as may be necessary in conse- quence of such wall or building overhanging the ground of the building owner, in order to erect an upright wall against the same, on condition of making good any damage sustained by the wall or building by such operation;

(11) to raise a party fence wall, or to pull the same down and rebuild it as a party wall;

(12) to perform any other necessary works incident to the connexion of a party structure with the premises adjoining thereto :

Existing prior buildings.

Require-

ments of adjoining owner in

relation to party struc- tures.

Differences between building

owner and adjoining

owner.

904

Provided always, that these rights shall be subject to this qualification, that any building which has been erected prior to the 21st February, 1903, shall be deemed to be conform- able with the provisions hereof if it be conformable with the provisions of the Ordinances regulating buildings before that date.

135.-(1) Where a building owner proposes to exercise any of the foregoing rights with respect to party structures, the adjoining owner may by notice require the building owner to build on any such party structure such chimney copings, jambs, or breasts, or flues, or such piers or recesses, or any other like works as may fairly be required for the convenience of such adjoining owner, and may be specified in the notice; and it shall be the duty of the building owner to comply with such requisition in all cases where the execution of the require】 works will not be injurious to the building owner, or cause to him unnecessary inconvenience or unnecessary delay in the exercise of his right.

(2) Any difference that arises between a building owner and an adjoining owner in respect of the execution of any such works shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be determined.

Notice to be given by building

owner

commences.

136. (1) A building owner shall not, except with the consent in writing of the adjoining owner, and of the adjoining occupiers, or in cases where any wall or party structure is before work dangerous (in which cases the appropriate provisions of this Ordinance shall apply), exercise any of his rights under this Ordinance in respect of any party fence wall unless at least one month, or exercise any of his rights under this Ordinance in relation to any party wall or party structure other than a party fence wall, unless at least two months before doing so he has served on the adjoining owner of the party fence wall, the party wall or party structure, as the case may be, notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.

(2) When a building owner in the exercise of any of his rights under this Ordinance lays open any part of the adjoining land or building, he shall at his own expense make and main- tain for a proper time a proper hoarding and shoring or temporary construction for protection of the adjoining land or building and the security of the adjoining occupier.

(3) A building owner shall not exercise any right given to him by this Ordinance in such manner or at such time as to cause unnecessary inconvenience to the adjoining owner or to the adjoining occupier.

(4) A party wall or structure notice shall not be available for the exercise of any right, unless the work to which the notice relates is begun within six months after the service. thereof, and is prosecuted with due diligence.

(5) Within one month after receipt of such notice the adjoining owner may serve on the building owner a notice. requiring him to build on any such party structure any works to the construction of which he is hereinbefore declared to be entitled.

IA-

905

(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience, and shall, if necessary, be accompanied by explanatory plans and draw- ings.

(7) If either owner does not, within fourteen days after the service on him of any notice, express his consent thereto, he shall be considered as having dissented therefrom, and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.

building

owner.

137.-(1) In all cases not specially provided for by this Differences Ordinance, where a difference arises between a building owner between and an adjoining owner in respect of any matter arising with owner and reference to any work to which any notice given under this adjoining Ordinance relates, unless both parties concur in the appoint- ment of one architect they shall each appoint an architect, and the two architects so appointed shall select a third architect, and such one architect, or three architects, or any two of them, shall settle any matter from time to time during the continuance of any work to which the notice relates in dispute between such building owner and adjoining owner, with power by his or their award to determine the right to do, and the time and manner of doing any work, and generally any other matter arising out of or incidental to such difference; but any time so appointed for doing any work shall not, unless other- wise agreed, commence until after the expiration of the period by this Ordinance prescribed for the notice in the particular

case.

(2) Any award given by such one architect, or by such three architects, or by any two of them, shall be conclusive, and shall not be questioned in any court; with this exception, that either of the parties to the difference may within fourteen days from the date of the delivery of the award, appeal there- from to a judge in chambers, who may, subject as hereafter in this section mentioned, rescind the award or modify it in such manner as he thinks just.

(3) If either party to the difference makes default in appointing an architect for ten days after notice has been served on him by the other party to make such appointment, the party giving the notice may make the appointment in the place of the party so making default.

(4) The costs incurred in making or obtaining the award shall be paid by such party as the architect or architects determine.

(5) If the appellant on appearing before the judge declares his unwillingness to have the matter decided by him, and proves to his satisfaction that in the event of the matter being decided against him he will be liable to pay a sum, exclusive of costs, exceeding five hundred dollars, and gives security, to be approved by the judge, duly to prosecute an action in the Supreme Court and to abide the event thereof, all proceedings in Chambers shall thereupon be stayed, and the appellant may bring an action in the Supreme Court against the other party to the difference.

(6) The plaintiff in such action shall deliver to the defendants an issue whereby the matters in difference between them may be tried, and the form of such issue in case of dispute or of the non-appearance of the defendant shall be settled by

Right of entry of building

owner.

906

the court, and the action shall be prosecuted and the issue tried in all respects as if it were an ordinary action or issue in the Supreme Court, or as near thereto as circumstances admit.

(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as cir- cumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.

(8) Where both parties have concurred in the appointment of one architect, then, if he refuses, or for seven days neglects to act, or if he dies or becomes incapable to act before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.

(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for seven days neglects, to act, or before such difference is settled, dies, or becomes incapable to act, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his pre- decessor.

(10) Where each party has appointed an architect, then, if the two architects refuse, or, for seven days after request of either party, neglect to select a third architect, or another third architect as aforesaid the Governor may, on the applica- tion of either party, appoint the Director of Public Works or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the two architects appointed by the parties.

(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appoint- ment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.

(12) Where each party has appointed an architect, then, if either of the architects refuses, or for seven days neglects to act the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.

(13) In this section "architect" means "authorised architect".

138. A building owner, his servants, agents and work- men, at all usual times of working, may enter and remain on any premises for the prupose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furni- ture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a

+

1+

907

constable, break open any fences or doors in order to effect such entry Provided that before entering on any premises for the purpose of this section the building owner shall give fourteen days notice of his intention so to do to the owner and occupier; in case of emergency he shall give such notice only as may be reasonably practicable.

or

foundations

139. Where a building owner intends to erect within ten Under- feet of a building belonging to an adjoining owner a building pinning on

                                   strengthen- any part of which within such ten feet extends to a lower level ing of than the foundations of the building belonging to the adjoining of adjoining owner, he may, and, if required by the adjoining owner, shall building. (subject as hereinafter provided) underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect :-

(1) at least two months notice in writing shall be given by the building owner to the adjoining owner stating his inten- tion to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

(2) if the adjoining owner shall, within fourteen days after being served with such notice, give a counternotice in writing that he disputes the necessity of such under- pinning or strengthening, or that he requires such under- pinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner.

(3) the building owner shall be liable to compensate the adjoining owner and occupier for any inconvenience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:

(4) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise be subject in case of injury caused by his building operations to the adjoining owner.

owner may

be given for payment of

140. An adjoining owner may, if he thinks fit, by Adjoining notice in writing, require the building owner (before com- require mencing any work which he may be authorised by this security to Ordinance to execute) to give such security as may be agreed upon, or in case of difference as may be settled by a judge expenses in chambers, for the payment of all such expenses, costs and and counter compensation in respect of the work as may be payable by by building the building owner.

The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter- requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and com- pensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.

requisition

owner.

Expenses

908

If the adjoining owner does not within one month after service of the counter-requisition give security accordingly, he shall at the end of that month be deemed to have ceased to be entitled to compliance with his party wall or party structure requisition, and the building owner may proceed as if no party wall or party structure requisition had been served on him by the adjoining owner.

141. (1) As to expenses to be borne jointly by the to be borne building owner and the adjoining owner :--

jointly by building owner and adjoining

owner.

Expenses

to be borne by the

building

owner.

(a) if any party structure is defective or out of repair, the expenses of making good, underpinning, or repairing the same shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes or may make of the structure;

(b) if any party structure is pulled down and rebuilt by reason of its being so far defective or out of repair as to make it necessary or desirable to pull it down, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the

structure;

(c) if any timber or other partition dividing a building is pulled down in exercise of the right by this Ordinance vested in a building owner, and a party structure is built instead thereof, the expense of building such party structure and also of building any additional party structures that may be required by reason of the partition having been pulled down, shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the party structure and to the thickness required for the support of the respective buildings parted thereby;

(d) if any rooms or storeys or any parts thereof, the property of different owners, and intermixed in any building, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of such rooms or storeys;

(e) if any arches or communications over public ways or over passages belonging to other persons than the owners of the buildings connected by such arches or communications, or any part thereof, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes of such arches or communications.

(2) As to expenses to be borne by the building owner :-

(a) if any party structure or any external wall built against another external wall is raised or underpinned in pursuance of the power by this Ordinance vested in a building owner, the expense of raising or underpinning the same and of making good all damage occasioned thereby, and of carrying up to the requisite height all such flues and chimney- stacks belonging to the adjoining owner on or against any such

*-

909

party structure or external wall as are by this Ordinance required to be made good and carried up, shall be borne by the building owner;

(b) if any party structure, which is of proper materials and sound or not so far defective or out of repair as to make it necessary or desirable to pull it down, is pulled down and rebuilt by the building owner, the expense of pulling down and rebuilding the same and of making good any damage by this Ordinance required to be made good, and a fair allowance in respect of the disturbance and inconvenience caused to the adjoining owner shall be borne by the building

owner;

(c) if any party structure is cut into by the building owner, the expense of cutting into the same, and of making good any damage by this Ordinance required to be made good shall be borne by such building owner;

(d) if any footing, chimney-breast, jamb or floor is cut away in pursuance of the powers by this Ordinance vested in a building owner, the expense of such cutting away and making good any damage by this Ordinance required to be made good shall be borne by the building owner;

(e) if any party fence wall is raised for a building, the expense of such raising shall be borne by the building owner.

(f) if any party fence wall is pulled down and built as a party wall the expense thereof shall be borne by the building owner.

which may

ing owner.

(3) If at any time the adjoining owner makes use of any Proportion party structure or external wall (or any part thereof) raised of expenses or underpinned as aforesaid, or of any party fence wall pulled be borne down and built as a party wall (or any part thereof) beyond by adjoin- the use thereof made by him before the alteration, there shall be borne by the adjoining owner from time to time a due proportion of the expenses (having regard to the use that the adjoining owner may make thereof)-

(a) of raising or underpinning such party structure or external wall, and of making good all such damage occasion- ed thereby to the adjoining owner, and of carrying up to the requisite height all such flues and chimney-stacks belong- ing to the adjoining owner on or against any such party structure or external wall as are by this Ordinance required to be made good and carried up;

(b) of pulling down and building such party fence wall as a party wall.

to be

Owner.

142. Within one month after the completion of any Statement work which a building owner is by this Ordinance authorised of expenses or required to execute, and the expense of which is in submitted whole or in part to be borne by an adjoining owner,

                                    by building the building owner shall deliver to the adjoining owner an account in writing of the particulars and expense of the work, specifying any deduction to which such adjoining owner may be entitled in respect of old materials, or in other respects, and every such work shall be estimated and valued at fair average rates and prices according to the nature of the work, and the locality and the market price of materials and labour at the time.

Difference

between building owner and adjoining owner as to

expenses

Failure by adjoining owner to

express dis-

910

143. At any time within one month after the delivery of the said account the adjoining owner, if dissatisfied there- with, may declare his dissatisfaction to the building owner by notice in writing served by himself or his agent, and specifying his objections thereto, and thereupon a difference shall be deemned to have arisen between the parties, and shall be determined in manner hereinbefore provided for the settlement of differences between building and adjoining

owners.

144. If within the said period of one month the adjoining owner does not declare in the said manner his dissatisfaction with the account, he shall be deemed to have to be deemed accepted the same, and shall pay the same on demand to the party delivering the account, and, if he fails to do so, the amount so due may be recovered as a debt.

satisfaction

acceptance.

Adjoining

owner

failing to contribute, building

owner to become

sole owner.

Adjoining owner liable

for expenses incurred on his requisi tion.

Other easements and rights in regard to party

structures preserved.

Submission. of claim.

Appointment of arbitra- tors.

145. Where the adjoining owner is liable to contribute to the expenses of building any party structure, then, until such contribution is paid, the building owner at whose expense the same was built shall stand possessed of the sole property in the structure.

146. The adjoining owner shall be liable for all expenses incurred on his requisition by the building owner, and in default of payment the same may be recovered from him as a debt.

147. Nothing in this Ordinance shall authorise any interference with any other easements in or relating to a party wall, or take away, abridge, or prejudically affect any right of any person to preserve or restore any other thing in or connected with a party wall in case of the party wall being pulled down or rebuilt.

Arbitration.

148. No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the person claiming shall await the decision of the Governor in Council before proceeding with the works.

149. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following:----

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.

911

(2) The two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.

In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

150.-(1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such on which purpose the value of any land resumed or of any building tion to thereon-

compensa-

be based.

(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and Ordinance. the condition of the premises, the state of repair thereof. No. 6 of and the probable duration of the premises in their existing state; and

(b) shall not make any compensation for any addition. to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the main- tenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisition being compulsory.

1901.

(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove-

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

be received.

(3) If the said arbitrators or umpire are satisfied by Effect of such evidence then the compensation shall-

(a) in cases (a) and (b) in sub-section (2) so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c) in sub-section (2) be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

such evidence

on com-

pensation.

Vacancies among arbitrators.

Contraven- tions.

912

(c) in case (d) in sub-section (2) be based on the value of the land, and of the materials of the buildings thereon.

151. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and, if he is a person appointed by a claimant, shall be filled by some other person so appointed.

Contraventions and Penalties.

152. Every act, failure, neglect, or omission whereby any requirement or provision of this Ordinance is contraven- ed, and every refusal to comply with any of such require- ments or provisions, shall be deemed a contravention of this Ordinance.

Penalty for building nuisance.

153. Every person who as architect, engineer, clerk ́of works, contractor, foreman, or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner occupier or tenant of any building or works on which any such nuisance exists shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for

refusing to obey magis- trate's order or for

obstructing Building Authority.

Fenalty for

ventions.

154. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or who, without reasonable excuse, refuses to permit the Building Authority, or any officer deputed by such Authority, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders the Building Authority, or such officer as aforesaid, in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

155. Every person who contravenes any of the other contra- provisions of this Ordinance in respect of which contraven- tion no special penalty is otherwise provided shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

Liability of

secretary or manager of company.

Proceedings against several

persons.

156. Where a contravention of any of the provisions of this Ordinance is committed by any company, corporation or firm, the secretary, manager, director or any partner thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

are

157. Where proceedings under this Ordinance competent against several persons in respect of the joint act o default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

A

913

Special powers of magistrate.

magistrate

to

illegal

158. It shall be lawful for a magistrate in any case in Power of which it is proved to his satisfaction that any cockloft, order partition, or shop-division is not in accordance with the removal of provisions of this Ordinance, to order either in addition to or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction thereof or of any portion thereof by any officer deputed by the Building Authority and no compensation shall be payable to any person in respect of any damage done thereto by such demolition, removal and destruction.

to authorise

159.-(1) If admission to premises for any of the pur- Power of poses of this Ordinance is refused, any magistrate on com- magistrate plaint thereof on oath by any officer authorised by this officer to Ordinance to enter and inspect premises (made after reason- enter and able notice in writing of the intention to make the same has premises.

inspect been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same into the premises during the hours prescribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained unde this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

or exemption

160. Every application for modification of or Power of exemption from any of the provisions of sections 74, 77, 79, Building 82, 83, 87, 88 and 110, which the Governor in Council is to grant

                               Authority by any of such sections empowered to grant, shall be made modification to the Building Authority in the first instance, and may be in certain granted by him either wholly or in part and with or without cases. conditions; and a certificate under the hand of the Building Authority to the effect that any such modification exemption has been granted by him shall be as valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council.

Appeal to the Governor in Council.

or

Council

any person

under this

161. Whenever any person is dissatisfied with the Appeal to exercise of the discretion of any person to whom discretion- Governor in ary power is given under this Ordinance in respect of any against act, matter, or thing, which is by this Ordinance made decision of subject to the exercise of the discretion of such authority, entrusted or with any action or decision of any such person either as to with powers the carrying out of or the meaning of any of the provisions of Ordinance. this Ordinance, or whenever any of the provisions of this Ordin- ance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor ir Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation,

Governor in Council em powered in any appeal to state

case for

the opinion

of Full Court on question of law.

Order of Governor in Council enforced by the court

Breach of

modification

or exemp tion.

914

or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Coun- cil shall thereafter determine the matter in the absence of, and without further reference to, the Building Authority.

The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time. furnish the appellant with a copy of the evidence and docu- ments submitted by the respondent for the consideration of the Governor in Council.

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.

162. In any appeal under the provisions of section 161 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and deter- mine the question of law arising on any case stated as afore- said, and shall remit the matter to the Governor in Council who The shall give effect by order to the finding of the court. costs of such hearing shall be in the discretion of the court.

Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

No proceedings by way of mandamus, injunction, pro- hibition, or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

163. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that court.

from

164. The breach of or failure to perform any term or condition of condition attached to any modification of or exemption

any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

Registration

of modifica. tion and cancellation thereof,

165. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the proper- ty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the can- cellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

915

Regulations.

166. The Governor in Council may alter, amend or Governor in revoke the whole or any part of the provisions of the Schedules Council may and may substitute new provisions or new regulations therefor. Schedules

Application of Ordinance.

alter

and make regulations

of Ordin- ance to New

167.-(1) Sections 6 to 147 shall not apply to any part Application of the New Territories except to New Kowloon, unless the Governor in Council shall by order otherwise direct; and Territories.

(2) Sections 31 and 32 shall not apply to any domestic building which existed on the 29th day of December, 1894, unless such building is situated within the City of Victoria, or at Kowloon, New Kowloon, Quarry Bay, Shaukiwan, or Aber- deen, or within such other districts or places as may be notified by the Governor in Council.

(3) The provisions of sections 6 and 116 so far as they relate to authorised architects shall not apply in any case in which the Building Authority shall so decide, and the Governor in Council may direct the Building Authority to prepare type- plans and may make regulations in regard to such type-plans it approved, and domestic buildings may, notwithstanding any- thing to the contrary in this Ordinance contained, be erected in accordance with such type-plans and regulations in any part of the Colony outside the City of Victoria or Kowloon.

etc.

168. No legal liability whatever shall rest upon the Government Government or upon any Government officer by reason of the from fact that any buildings or works other than Government build- liability. ings or works have been or may hereafter be erected or carried out upon designs or plans or of type, construction or materials consented to or approved of by the Government or by any Government officer or by reason of the fact that any such works or buildings are subject to the approval or inspection of any Government officer.

liability

Authority,

169. No matter or thing done by the Building Authority Limitation or by any public officer or other person whomsoever acting of personal under the direction of the Building Authority shall, if it was of the done bonâ fide for the purpose of executing this Ordinance, Building subject them or any of them personally to any action, liability, and others. claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition, or other order un- less it is expressly so enacted.

of persons

170. The provisions of section 48 of the Interpretation Protection Ordinance, 1911, shall apply to actions or prosecutions com- acting under menced against the Building Authority or any person acting the Ordin- under his direction or any public officer or other person acting Ordinance in his aid, for anything done or intended to be done or omitted No. 31 of to be done under the provisions of this Ordinance.

ance.

1911.

171. Nothing herein contained shall be deemed to pre- Saving of vent or limit the exercise by His Majesty of any powers of rights of resumption contained in any Crown lease.

the Crown.

ance

172. Section 8 of the Public Lighting Ordinance, 1914, Amendment is amended by the deletion of the words "section 186 of the of Ordin- Public Health and Buildings Ordinance, 1903", and by the No. 13 of substitution therefor of the words "section 93 of the Building 1914, s. 8. Ordinance, 1934."

Amendment

of Ordin

ance No. 1 of 1903.

Access to scavenging lanes, etc.

Obstruction

in private streets.

Refuse removal.

Notice to abate

nuisance.

916

173. The Public Health and Buildings Ordinance, 1903, is amended as follows:-

(i) Sections 4, 7, 96 to 152, 156 to 158, 160, 162, 163, 176 to 180, 182 to 184, 188 to 213, 216 to 229 and 236 to 250 are repealed.

(ii) In section 6 paragraphs (1), (3), (10), (11), (16), (20), (25), (27), (31), (37), (39), (44A), (45), (46), (59A) and (60) are repealed.

(iii) In section 153 (1) the word "constructed" in the first line is deleted.

(iv) In the first lines of section 153 (2) and (3) the word "erected" is substituted for the word "constructed".

(v) In the last line of section 154A (1) the words "or of section 180" are deleted.

(vi) In section 155 the words "the erection of any struc- ture or are deleted and the word "any" is inserted before the word "fitting".

(vii) In the first line of section 159 the words "be main- tained or used so as to" are inserted after the word "shall" in the first line.

(viii) The words "Every latrine" are substituted for the first four lines of section 164. The words "Latrines to be cleansed as the Board may direct" are substituted for the marginal note to the said section.

(ix) Section 181 is repealed and the following section is substituted therefor :-

181. (1) Every scavenging lane (or side street or open space used for scavenging where no scavenging lane is pro- vided) may be used at any time by any public oflicer and every such lane, street or open space may be used at any time by any authorised person as a means of approach to any building to which such lane, street or space gives access for the purpose of inspecting, scavenging or cleansing any part of such building.

(2) If any such open space is inclosed, the communication door or gate shall be opened by the occupier whenever required by any authorised person for the purpose of inspecting, scavenging or cleansing any part of such building.

(x) Sections 185 and 186 are repealed and the following sections are substituted therefor:

185. No shed, lean-to, shelter, show case, counter or stall for the sale of food or goods or any other obstruction of any kind shall be erected or maintained or placed in, over, or upon any portion of any street on land held under lease from the Crown unless with the written consent of the Governor in Council.

186. All household refuse shall be regularly removed by the Government from every street on land held under lease from the Crown.

(xi) In section 230 the following sub-section is substituted for sub-section (1):

(1) The competent authority to deal with nuisances under this section shall be, unless the context otherwise requires, the Head of the Department or any officer deputed by him in that behalf.

917

(xii) In section 230 (2) the words "may at his discretion" are substituted for the word "shall" in the third line and the words in the form contained in Schedule L (with such modi- fications, if any, as may be necessary)" are deleted.

(xiii) The words "if any such plans are so deposited", are added after the words "Building Authority" in the ninth line of section 251.

(xiv) The words "occupier or tenant" are inserted after the word "owner" in the fourth line and the word "five" is substituted for the word "two" in section 257.

(xv) In section 258 the words "this Ordinance" are sub- stituted for the words "Part III", the words "any officer of the Department or" are added after the word "permit" in the third line and the word "five" is substituted for the word "two" in the last line.

(xvi) In section 261 the word "or" is deleted from the second and third lines and the words "or firm" are added after the word "corporation" and the words "director or any partner" are added after the word "manager".

(xvii) The word "and" at the end of the third line and the remainder of section 267 are deleted.

(xviii) Schedules E, F, G, H, J, K, L and M are repealed.

SCHEDULE A.

[ss. 6 (1) (a) & 166.]

Notice of intention to commence or resume any Building Works.

HONG KONG,

19......

To the Building Authority,

 hereby give you notice, pursuant to the Buildings Ordinance, 1935, of

intention to commence (cr resume) the following building work in accordance with the accompanying plans, and that I have engaged Architect to give general supervision in and throughout the carrying out of such building works.

Authorised

Particulars.

No. of Lot

Locality

Name and number of street (if any)

Width of street (if any) upon which building fronts

Purpose for which it is intended to use the building

Name and address of owner

Name and address of the authorised agent of owner (if any)..

(Signature of owner or authorised agent)

(Statement of capacity in which the party signs)

918

SCHEDULE B. [ss. 6 (1) (d), 14 & 166.]

Buildings of

iron and steel

skeleton con- struction. Reinforced concrete.

Exceptional Buildings Regulations.

The provisions of section 22 of the London County Council (General Powers) Act, 1909, as the same may be amended from time to time, and the Reinforced Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on the 6th day of July, 1915, as the same may be amended from time to time, shall be deemed to be in force in every part of the Colony to which the Buildings Ordinance, 1935, for the time being and from time to time applies, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the said Ordinance and as the circumstances may require or render necessary, and with any modifications specially allow- ed by the Building Authority in any particular case.

2. The certificate referred to in section 6 (1) (d) of the Buildings Ordinance, 1935, shall be in the following form:-

Form-S. 6 (1) (d).

I hereby certify that the plans and calculations submitted by me for the construction of

.on....

have been prepared under my supervision or direction and that the said plans and calculations conform in all respects to the provisions of Section 22 of the London County Council (General Powers) Act, 1909, and all amendments (if any) thereof, and to the Reinforced Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on the 6th day of July, 1915, and all amendments (if any) thereof. subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the Buildings Ordi- nance, 1934, and the circumstances may require or render necessary and with any modifications specially allowed by the Building Autho- rity.

Dated

Authorised Architect.

SCHEDULE C.

[ss. 6 (1) (e) & 166.]

Certificate of Stability of Existing Buildings.

HONG KONG,

19......

I hereby certify that I have inspected the building known as

Lot No.

.. and

that in my opinion it is capable of bearing the weight and stresses of the repairs, alterations or additions proposed to be made in accord- ance with the plan submitted herewith, and of any additional weight or stress which in consequence of such repairs, alterations or addi- tions may be imposed upon it.

Το

The Building Authority.

Authorised Architect.

919

SCHEDULE D.

[ss. 6 (4) & 166.]

Certificate of completion of Repairs, Alterations or Additions.

I

HONG KONG,

19......

Authorised Architect hereby certify

that the repairs, alterations or additions to the building known as

Lot No.

on

Section

have been completed in accordance with the plans approved by the Building Authority in the Buildings Ordinance file Ref. No.......

Authorised Architect.

SCHEDULE E.

[ss. 58 & 166.]

Undertaking with regard to verandah (or balcony) to be erected on or over Crown land.

hereby agree in consideration of being permitted by His Ex- cellency the Governor to erect a verandah (or balcony) over unleased Crown land adjoining house No.

Lot

No.

on

1. That during the construction of the said verandah (or balcony) will in no way deviate from the plans and drawings thereof supplied, signed by

..... and deposited in the office of the Building Authority.

2. That

will always keep the said verandah (or balcony) in good order and repair and will colourwash, paint and cleanse the same and will keep clean the footpath underneath the same whenever required by the Building Authority to do so and will not use or permit to be used any portion of the structure for the display of advertisements other than the name or names of the occupiers, together with such appropriate business descriptions as are necessary for the purpose of identification.

3. That

will always give free ingress to the Building Authority or any officer authorised by such Authority to enter the premises and examine the verandah (or balcony).

purpose

4. That should the land on or over which such verandah (or balcony) is to be erected be, at any future time, required by the Government for any public work, improvement, or other public. hereby undertake on receipt of a notice in writing from the Building Authority to remove at expense the whole of the structure within a period of three months from the date of such notice, and without making any claim for com- pensation on the Government for such removal.

Own

5. That in the event of

             Street being hereafter raised or lowered

hereby undertake on receipt of a notice in writing signed by the Building Authority to raise or lower within a period of three months from the date of such notice and at own expense the whole of the ground floor surfaces. to such levels as shall be determined by the Building Authority and further undertake to make no claim for compensation on the Government in respect of such raising or lowering.

6. That

      will always comply with all regulations from time to time in force relating to verandahs and balconies.

7. And that this agreement shall be binding also on

executors, administrators and assigns.

Dated the ....... day of

19......

Witness to signature.

Signature of owner of Lot No.

- 920

SCHEDULE F.

[ss. 58 & 166.]

Undertaking with regard to areas for the admission of light and air into basements to be constructed on unleased Crown land.

hereby agree in consideration of being permitted by His Excellency the Governor to construct as an encroachment on unleased Crown land the following works:-

adjoining house No.

on

Lot No.

and

1. That

     will in no way deviate from the plans and drawings of such works supplied, signed by deposited in the office of the Building Authority.

2. That

     will keep the whole of the said works in good repair, and not permit the accumulation of rubbish therein or the use thereof for storage purposes, or as a smokehole or in any way other than as a channel for the admission of light and air.

3. That

will always give free ingress to the Build- ing Authority or any officer authorised by such Authority, to enter the premises for the purpose of inspection.

4. That should the land occupied by such works be at any time required by the Government for any public work, improvement or other public purpose

hereby undertake, on receipt of Building Authority, to remove at whole of such works within a period of three months from the date of such notice and without making any claim for compensation on the Government for such removal.

a notice in writing from the

own expense the

5. That

will always comply with all regulations

from time to time in force relating to areas.

6. And that this agreement shall be binding on executors, administrators and assigns.

Dated the

Witness to signature.

day of

19......

Signature of owner of Lot No.

SCHEDULE G.

[ss. 58 & 168.]

Verandah and balcony regulations.

Notwithstanding anything contained in these regulations no struc- tural alteration shall be required to be made in any verandah, balcony or basement already constructed in compliance with the regulations in force at the time.

1. Except as hereinafter mentioned any verandah projected over any street from the ground storey of any building shall not be less than ten feet wide, between the face of the wall from which it is projected and the inside face of the base of the piers or columns upon which it is supported.

As far as practicable, unless the Building Authority shall other- wise direct, the external face of the base of the piers or columns shall align with the face of the kerb of the side walk.

2. Any such verandah shall not be less than eleven feet high measured from the top of the kerb-stone or, if there is no kerb-stone, from the level of the centre of the street to the underside of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

1

921

3. Any balcony projected over any street shall have a clear height underneath every part thereof of at least eleven feet measured from the top of the kerb-stone, or, if there is no kerb-stone, from the level of the centre of such street.

4. Any such verandah, balcony, or part thereof, projected over any street from any storey higher than the ground storey of any building, shall not be less than ten feet high. Such height shall be measured from the floor of the verandah, or balcony, to the under- side of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

5. The ends of all such verandahs or balconies, which do not abut on any verandah or balcony existing at the date of their con- struction, shall be left open and shall be finished in all respects in a similar manner to the front elevation thereof.

6. Special plans and drawings of any such verandah or balcony. shall be submitted to the Building Authority and shall be on tracing cloth and such plans and drawings shall be drawn to a scale of not less than one-tenth of an inch to the foot, and the details of all brackets, mouldings, caps, cornices, balustrades, and similar parts of the proposed structure, shall be drawn to an uniform scale of one inch to the foot. Such plans and drawings shall clearly show the lines and levels of existing kerbs and any proposed alterations to such lines or levels. Figured dimensions shall be given of such proposed alterations.

7. Any such verandah or balcony shall be constructed of iron, stone, brick or other incombustible material approved by the Build- ing Authority, except that the piers of every verandah shall on the ground floor of any building be made of cut stone worked straight, the exposed faces of which shall be extra fine punched or of other incombustible material approved by the Building Authority.

8. All bressummers and lintels, in connection with any such verandah or balcony, shall be constructed of iron or other incom- bustible material approved by the Building Authority.

9. The roof and floors of any such verandah or balcony shall be provided, to the satisfaction of the Building Authority, with gutters laid to a proper fall and with down-pipes to carry off water.

10. In the case of balconies any bracket, which is not built into any party or cross wall or main wall other than the wall from which it projects, shall have its top member extended for a length of at least three feet underneath the floor joists, or be otherwise anchored down in a manner satisfactory to the Building Authority.

or

11. The foot-path or roadway underneath any verandah balcony over unleased Crown land or projecting beyond any such verandah or balcony out to the kerb-stone shall be paved with fine cement-concrete at least four inches thick, or finely dressed granite stones, not more than eighteen inches square, closely jointed and laid on a bed of lime-concrete, or with such other materials as may be approved by the Building Authority, by the owner for the time being of the property from which such verandah or balcony projects, who shall maintain the same in good order, to the satisfaction of the Building Authority: Provided that wherever the Building Authority may consider it expedient to do so he may lay or repair any such foot-path or roadway at the expense of the owner, as afore- said, who shall pay into the Treasury, within seven days of the date of notice, the amount certified by the Building Authority as being due in respect of the work done, and in default of such payment the Building Authority may recover such amount by an action in the Supreme Court in its summary jurisdiction.

12. No verandah or balcony shall hereafter be constructed over any street unless the building from which it projects has a clear and unobstructed courtyard, backyard, back lane, or other open. space, belonging exclusively to such building and extending across the entire width and in the rear of such building and of a minimum depth of eight feet:

Provided that:-

(a) A bridge or covered way, not exceeding three feet and six inches in width, when such is necessary for giving access to buildings in the rear of the property, shall not be deemed an obstruction to such courtyard, backyard, back lane, or other open space, within the meaning of this regulation.

922

(b) The Building Authority shall have power to modify this regulation in any case in which he may consider it expedient to do so.

SCHEDULE H.

[ss. 58 & 166.]

Signboard Regulations.

1. No signboard shall be hung or fixed or maintained over any roadway unless a clear space of not less than fourteen feet be left between the signboard and the level of the road-way and no signboard shall be hung or fixed or maintained over any footpath unless a clear space of not less than nine feet be left between the signboard and the level of the footpath.

2. No signboard which projects more than six inches from the face of a building and of which the maximum width exceeds fourteen inches shall be of a greater area than twenty square feet.

3. No signboard which is attached to the face of any building shall project more than four feet from such face unless such sign- board is fixed to the underside of the floor of a verandah or balcony.

4. No signboard of which the maximum height exceeds five feet shall project more than two feet from the face of a building.

5. No signboard, which is attached to the face of a verandah or balcony shall extend for a greater height than three feet above the level of the floor of such verandah or balcony unless it be hung or fixed at right angles to the face of such verandah or balcony.

6. Every signboard shall be secured with proper and sufficient fastenings which shall be fixed and at all times maintained to the satisfaction of the Building Authority.

7. Every signboard which fails to comply with the above con- ditions will be treated as a contravention of the Buildings Ordinance, 1935. Provided that distinctive signboards such as those used by pawnbrokers will be permitted so long as they comply with the pro- visions of condition No. 6 and conform to a design and size approved by the Building Authority.

SCHEDULE J.

[ss. 104 & 166.]

Drainage (including water closets and urinals) Regulations.

1. Nothing in these regulations shall affect any existing drain, sewer, water closet or urinal constructed and maintained in com- pliance with by-laws or regulations previously in force until such drain, sewer, water closet or urinal shall become defective.

2. In these regulations,

(a) Drain means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed, and "main drain means the whole of such drain excluding any branches thereof.

"

(b) Sewer includes sewers and drains of every description except drains to which the word drain interpreted as aforesaid applies.

3. Any owner or occupier of private premises about to construct, reconstruct, alter or amend any drain shall give the notice and for- ward the plans required by section 6 of the Buildings Ordinance, 1935. Such plans must show the whole of the drainage works pro- posed to be carried out, the diameter of the pipes, their gradient and their connexion to the main drain, sewer, channel or nullah, and

923

also the levels and sizes of any existing drains crossed by or adjacent to such new drains. Copies of Schedule A in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of the villages, at any village police station between 10 a.m. and 4 p.m. :

Provided that when drainage works are being carried out in conjunction with other works it shall only be necessary to forward one form as set out in Schedule A, which must however contain particulars of the whole of the works including such drainage works.

Note. The approval of plans by the Building Authority under these regulations certifies simply to the fact that the plans are in accordance with the Buildings Ordinance, 1935, and with the re- gulations made thereunder, but signifies no approval of the sufficiency or otherwise of the plan and throws no responsibility on the Build- ing Authority.

4. Any person carrying out excavations for drainage works on any premises contiguous to a public thoroughfare, whereby the safety. of the public may be jeopardized, shall light such excavations by means of a lantern or lanterns kept lighted through the night, and he shall further provide watchmen, erect hoardings and otherwise take such precautions as may be necessary for securing the safety of the public and the protection of adjoining properties.

5. Covered drains and sewers shall be made of impervious materials, to be approved by the Building Authority, with smooth internal surfaces, such as well glazed earthenware pipes or cast-iron pipes protected against rust or corrosion by suitable asphaltic coat- ing, and shall be so constructed as to be water-tight and air-tight. In jointing pipes with cement, tarred hemp shall be caulked into the joints before the cement is applied, and care shall be taken that no cement or other jointing material projects from the joints into the interior of the pipes, and any such projecting material or other irregularities in the bore of the drain or sewer shall be carefully. removed.

6. All drains and sewers shall be laid so as to have a firm bed throughout their length. Where the bottom of the trench is in rock or similar hard substance, the pipes shall be firmly bedded in suitable selected material free from large stones and well rammed into place. Where such drains or sewers are laid under a wall, they shall be protected by means of a relieving arch.

7. All stone-ware pipes shall be well glazed and free from cracks and flaws and shall have a thickness of not less than one-twelfth of their diameter.

8. That portion of the drain of any building which is immedi- ately connected with any sewer shall (unless specially exempted by the Building Authority) be provided with a suitable and efficient intercepting trap at a point situate on the ground of the owner of the drain as distant as may be practicable from such building and as near as may be practicable to the point at which such drain is connected with such sewer. Adequate means of access shall be provided to every drain by a manhole or disconnecting chamber or other means of access to be approved by the Building Authority for the purpose of cleansing the drain. All manhole and disconnecting chambers shall be constructed of brickwork at least nine inches in thickness built in cement mortar so as to be water tight up to the level of the adjacent ground and every drain or sewer connecting into such manhole or disconnecting chamber shall be continued along the floor of the chamber by means of open half- channel pipes set in a bed of cement concrete. The surface of the concrete shall be raised above the edges of the half-channel pipes and shall be floated with neat cement all over so as to present a smooth and impervious surface. Where tributary drains are nected to the main channel the manhole bottom shall be benched up in cement concrete at an angle of forty-five degrees and finished at the channel with a bull nose edge and such tributary drains shall be formed by means of curved half-channels similarly laid in the benching and made to discharge over the main channel.

con-

All manhole and disconnecting chambers shall be fitted with air tight covers and frames to be approved by the Building Authority.

924

J

9. All covered drains and sewers shall be laid in straight lines and regular gradients between the points at which any change of direction occurs, and all changes of direction shall be made by means of properly curved pipes or by half channels in manholes.

10. Concrete for encasing drains or sewers shall be composed of four parts of good sound clean stone, broken to pass through a one inch ring, two parts of sand and one part of Portland cement thoroughly well mixed and well rammed into place or of such other materials and in such proportions as the Building Authority may approve.

11. Cement-mortar for the jointing of pipes or any other work shall be mixed in the proportions of not more than three parts of clean sharp sand to one part of good Portland cement and used fresh.

12. No covered drain or sewer shall be less than four inches in clear internal diameter, but the Building Authority may require any covered drain or sewer to be constructed of a larger diameter.

13. Subject to the limitation mentioned in regulation No. 12 of these regulations, no drain or sewer shall be larger than is neces- sary in the opinion of the Building Authority to carry off the sewage of the premises drained or the sewage with the rain-water, which, under conditions hereinafter specified in regulations Nos. 35, 36 and 37 of these regulations, shall be admitted to the drain.

14. Every drain or sewer shall have the maximum fall, throughout its length, that the relative levels of the public sewer and of the most remote inlet will admit of:

Provided always-

(a) that, if the available fall exceeds 1 in 30, the part of the drain or sewer more remote from the public sewer may be laid with a fall of 1 in 30; and the remainder, with such greater fall as may be necessary to connect with the public sewer;

(b) that, if the excavation necessary to obtain the maximum available fall, is likely in the opinion of the Building Authority to endanger the stability of the adjoining or neighbouring property, the gradient may be modified to such extent as the Building Authority may approve.

15. Whenever the available fall for a covered drain or sewer is less than 1 in 30, the Building Authority may require the gradient of the drain or sewer to be varied by increasing such gradient in the upper portion of such drain or sewer and by reducing it in the re- maining portions.

16. Whenever the gradient of any portion of a covered drain or sewer is less than 1 in 30, the Building Authority may require an automatic flush tank or any other suitable contrivance for attaining an effective flush to be provided to his satisfaction.

17. No drain or sewer shall be so constructed as to pass under any domestic building except when any other mode of construction is impracticable. Any drain or sewer passing under a building shall be of cast-iron pipes coated inside with Dr. Angus Smith's patent composition, or of other material approved by the Building Authority, and all such pipes shall be of a quality to be approved by the Build- ing Authority and the joints shall be properly caulked and run with lead, and (unless the written permission of the Building Authority has first been obtained to lay the drain or sewer otherwise) shall be laid in one straight line for the whole distance beneath such build- ing, and shall be imbedded and encased throughout its entire length in four inches of concrete as specified in regulation No. 10 of these regulations.

18. Whenever a covered drain or sewer traverses soft or yield- ing ground, or when water may make its appearance in the trench, the drain or sewer shall be surrounded throughout its entire length with not less than four inches of concrete as specified in regulation No. 10 of these regulations.

925

19. No drain or sewer shall be constructed in such manner as to allow any inlet to such drain or sewer to be placed inside any roofed building, (except such iniet as may be necessary from the apparatus of any water closet or urinal):

Provided that, if in the opinion of the Building Authority it is impracticable to comply with this regulation in respect of any pre- mises without encroaching on unleased Crown land, the Building Authority shall, on payment by the owner of such premises of a fee of twenty dollars, construct an inlet on Crown land to receive the drainage of such premises and connect such inlet with a sewer. The cost of cleansing and maintaining such inlet shall thereafter be borne by the owner for the time being of the said premises, and may be recovered by the Building Authority from such owner by an action. in the Supreme Court in its summary jurisdiction.

20. The aggregate area of the openings in any grating fixed on the inlet to a waste-pipe from a bath or sink shall not be less than four square inches and such waste-pipe shall not have a less internal diameter than one and a half inches.

21. Every inlet to a drain or sewer shall be provided with a trap of a pattern to be approved by the Building Authority. All surface traps and gulleys shall be provided with hinged gratings having the nett area of the openings not less than twice the area of the trap or pipe. Such gratings shall be sunk to a depth of at least one inch below the surrounding surface with a slope round them equal to half the width of the grating.

22. Traps shall have not less than two inches of water seal and shall be properly fixed and jointed to the satisfaction of the Building Authority. All stone-ware traps shall be surrounded with four inches of concrete as specified in regulation No. 10 of these re- gulations.

23. No person shall construct or fix in connexion with any drain or waste-pipe the form of trap of the kind known as the bell- trap or any trap of the kind known as the D trap.

24. Every covered main drain or sewer carrying sewage or sullage-water shall be ventilated at its upper end by carrying up in the open air an iron ventilating pipe of a diameter of not less than four inches to a height of not less than three feet above the eaves of the building to which it is affixed or of any of the immediately adjoining buildings, and clear of all windows, sky-lights or other openings as required by the Building Authority. The joints of all such pipes shall be properly caulked and run with lead.

or

25. Every covered main drain or sewer carrying sewage sullage-water shall, if required by the Building Authority, have a ventilating opening near to its lower end and in the open air, and no trap or other obstruction to the free circulation of air shall exist be- tween this opening and the one described in regulation No. 24 of these regulations.

When a covered main drain receives the drainage of more than one building, the Building Authority may require additional provision for ventilation of the branch drain from each building.

26. All eaves-gutters shall be of cast-iron or other material approved by the Building Authority and shall be securely fixed at a proper gradient and connected to rain-water pipes to the satisfaction of the Building Authority.

27. Rain-water pipes and waste-pipes from baths, sinks and other similar appliances on the upper floors of buildings shall be fixed, as far as may be practicable, vertically, and shall be of cast- iron socketed pipes jointed with yarn and red lead, or wrought-iron pipes, with screwed joints, coated with bituminous composition, or galvanised, or pipes of other approved materials, securely fixed outside the wall, and in the open air, by means of heavy wrought-iron bands. fitted round the pipe, and made fast with wrought-iron spikes not less than four inches long, or in the case of iron pipes by means of ears, made fast as above described and provided, at each point of con- nexion, with a suitable head, and at their lower extremity with a bend, shoe, or pedestal pipe. Every opening in the wall of a build-

926

ing for the discharge of sullage-water shall be of a suitable size and entirely protected to the satisfaction of the Building Authority by a fixed grating of cast-iron or other material to be approved by the Building Authority.

Provided that in the case of rain-water pipes and waste-pipes abutting on any street, cast-iron or wrought-iron pipes only shall be used, properly jointed as above described, (unless permission has been granted by the Building Authority to use pipes of other mate- rial), and wherever practicable rain-water pipes shall be carried under the foot-path and shall discharge into the side-channel.

Note. Zinc, tin-plate, riveted or lap-jointed sheet-iron will not be permitted.

28. No waste-pipe (other than a soil pipe from a water closet or urinal) and no rain-water pipe shall be connected directly with any covered drain, but every such pipe shall be brought down to within one foot from the ground and shall discharge in the open air near to or over a trap.

29. No rain-water pipe from the roof of a building shall be used as a ventilating pipe for any drain which communicates or is de- signed to communicate with a sewer.

30. Any person who may have laid any drain or sewer or con- structed drainage works connected therewith shall not cover up such drain sewer or works until the same shall have been previously in- spected and passed by the Building Authority or an officer deputed by him, and every such person shall give three clear days written notice to such Authority that such drain or sewer or works are ready for inspection, and such notice shall be delivered at the office of the Building Authority in a form of which printed copies in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of villages, at any police station between 10 a.m. and 4 p.m. : Provided that in all cases where plans or a notice signed by an authorised architect have been submitted under regulation No. 3 of these regulations, the notice referred to in this regulation shall, if the Building Authority so requires, bet signed by an authorised architect.

31. Before any drain or sewer is covered in, it shall be inspect- ed and tested by the Building Authority or an officer deputed by him to ascertain whether it is water-tight and air-tight; and no drain or sewer that fails in either of these respects shall be passed. A fee of twenty dollars shall be paid by the person who signs the notice referred to in regulation No. 30 of these regulations for every inspec- tion after the first if the Building Authority is satisfied that such further inspection has been necessitated by negligence or by bad workmanship or the use of improper materials. After a drain or sewer has been passed, the earth shall be carefully filled in, above and around the drain or sewer, and thoroughly rammed and con- solidated. For a depth of at least six inches above the summit of the sockets of the pipes, selected material, free from stones larger than will pass through a two inch ring, shall be used in filling in the trench.

22. Surface channels shall be constructed of impervious mate- rials to be approved by the Building Authority and of such section as the Building Authority may approve, and shall be finished off smooth and laid to regular gradients of not less than 1 in 80 unless the Building Authority shall permit a less gradient.

33. The floors of all kitchens, sculleries, bathrooms, stables, cow- sheds and the like, shall, where practicable, be laid to proper falls, and shall be elevated above the ground outside the building, and shall be provided with surface channels passing out through the wall and delivering above a trapped gulley outside. When new drains are being laid and where the floor is at the level of the ground out- side, such surface channel shall be connected to a trap outside the house by a straight pipe terminating above the water level and below the grating of the trap, which shall be accessible and in free com- munication with the open air. Every such opening in the wall shall be of a suitable size and entirely protected by a fixed grating, at its upper end, to the satisfaction of the Building Authority.

!

927

34. All surfaces of backyards and paved areas of premises wherever practicable shall have a fall towards the trap or inlet of the drain of not less than 1 in 40, and such inlet shall be placed as far from the walls as practicable.

35. Open surfaces such as backyards, courtyards or other spaces on which slops are thrown, or from which foul water flow, shall be provided with trapped connexions to the covered drains for the re- moval of such waters as well as some of the rain-water.

36. Wherever an outlet is available, surface channels shall be provided to carry excessive rainfall from the premises, and these channels shall be properly connected with a storm water-channel or drain. As many four inch traps as the Building Authority may approve shall be placed in such surface channels and connected with the covered drains for the purpose of flushing the sewers.

37. The rain-water from roofs which slope towards inclosed courtyards or backyards may, if diversion to the surface channel is impracticable, be received into the covered drains, but no ventilat- ing pipe shall be used for the conveyance of rain-water from the roof.

38. No person shall, where it can possibly be avoided, lay any pipe for conveying sub-soil drainage in such manner or in such position as to communicate directly with any sewer, cesspool, or covered drain used for the conveyance or reception of sewage.

39. In every case where the course of a drain or sewer shall be diverted, any cesspool previously existing and into which such drain or sewer may have previously emptied, shall be cleansed, deo- dorized and filled with clean earth.

40. Every water-closet and urinal in a building shall, unless exempted by the Building Authority, be constructed against an external wall, and all apparatus shall be fixed as near to such external wall as in the opinion of the Building Authority is practicable.

41. Every water closet and urinal shall be furnished with a separate cistern or flushing box unless the Building Authority shall otherwise permit. In the case of water closets such cistern or flush- ing box shall be so constructed, fitted and placed as to admit of a supply of water to such closet, basin, or other receptacle of not less than two gallons and not more than three gallons each time such basin or other receptacle is used.

Such cistern or flushing box shall in all cases, except where it is in connexion with a valve-closet, be of the type known as Water Waste Preventor.

Such cistern shall be provided with a suitable ball-cock fixed on the supply pipe, and it shall be furnished with an overflow pipe carried through the external wall of the building into the open air and terminating in a conspicuous place.

Provided that, in the case of trough water closets and urinals, such cistern or flushing box shall be of automatic action and of such size and pattern and discharging at such intervals as may be ap- proved by the Building Authority.

42. Every water closet and urinal shall be furnished with a suitable apparatus for the effectual application of water to any basin, or other receptacle with which such apparatus may be connected and used, and for the effectual flushing and cleansing of such basın or other receptacle, and for the prompt and effectual removal there from of any solid or liquid filth which may from time to time be deposited therein.

Every water closet or urinal shall be furnished with a basin or other suitable receptable or receptacles of non-absorbent material, and of such shape, capacity, and mode of construction as to receive a sufficient quantity of water; and every such receptacle in con- nexion with a water closet shall in addition contain a sufficient quantity of water to allow of all filth which may from time to time be deposited therein to fall directly into the water. Every such receptacle shall be provided with a suitable trap, having a water seal of not less than one and a half inches.

928

No container or other similar fitting shall be constructed or fixed under such receptacle.

No trap of the kind known as the D trap shall be constructed or fixed in connexion with any such water closet or urinal apparatus.

43. No water closet or urinal or receptacle shall be directi con- nected with any water service pipe.

44. No flush-pipe connecting any water closet apparatus with the cistern shall be less than one and a quarter inches in internal diameter throughout its length and no flush-pipe in connexion with any urinal shall be less than three-quarters of an inch in internal diameter throughout its length.

45. No water closet or urinal apparatus or receptacle shall be cased in

46. Every water closet and urinal shall be provided with an efficient soil pipe of cast-iron or wrought-iron securely fixed to the wall in the manner described for ventilating and waste-pipes; and such soil pipe shall be not more than (unless required by the Build- ing Authority) four inches in diameter in the case of water closets and not more than (unless required by the Building Authority) two inches in diameter in the case of urinals, and shall be properly con- nected to the drain at the foot, and shall be continued up in full diameter without bends or angles except where unavoidable, and shall terminate in an open end at least three feet in height above the eaves of the building to which it is affixed or of any adjacent building, and not less than ten feet from any window.

Such soil pipe shall be jointed with yarn and molten lead and well caulked.

Every soil pipe shall be provided with proper junctions for con- necting with the water closet or urinal receptacle, the trap of which shall be connected in a sound and substantial manner. No soil pipe shall receive any pipe other than that from a water closet apparatus or urinal, and no trap shall be fixed in any portion thereof.

Every soil pipe shall be fixed throughout its entire length out- side the building in the open air.

47. When more than one trap for a water closet or urinal re- ceptacle is connected with a soil pipe, the trap of each and every such receptacle shall be provided with an air-pipe of cast iron or lead not less than one and a quarter inches in diameter in the case of urinals and not less than two inches in diameter in the case of water closets, which shall be carried up throughout its entire length outside the building, and shall either be connected to the soil pipe above the connexion with the uppermost trap, or shall terminate not less than three feet above the eaves of the building and not less than ten feet from any window.

48. All joints, pipes, fittings and apparatus in connexion with any water closet or urinal shall be perfectly water-tight and air-tight, and fixed to the satisfaction of the Building Authority.

49. All drains, sewers, and drainage works shall be built and carried out in all respects in accordance with the provisions of the Buildings Ordinance, 1935, and of these regulations and of any that may be made hereafter, and if no written notice provided by re- gulation No. 3 of these regulations shall have been given to the Building Authority by any owner or occupier about to construct, reconstruct, alter, repair, or amend any drain or sewer on his pre- mises, and if by such default the Building Authority shall have had no opportunity of inspecting and approving or disapproving of any such drain, sewer or drainage works actually built and already cover- ed in, it shall be lawful for the Building Authority on discovering the existence of such drain or drainage works to call upon such owner or occupier to open and uncover the same for the purpose of inspection, and should such drain, sewer, or drainage works prove upon inspection to be defective either in respect of design, work- manship, or materials, they shall be deemed a nuisance under the aforementioned Ordinance and dealt with accordingly.

929

50. All works connected with the construction of drains, sewers, and connexions shall be carried out in strict accordance with the plans and sections previously submitted to and approved by the Building Authority, or with such amendments to such plans and sections as may have been required by him, to make them comply with the provisions of the Buildings Ordinance, 1935, and such works shall be carried out in a proper and workmanlike manner with the best materials of their respective kinds, and shall be subject during their progress to the control and supervision of the officers of the Building Authority appointed in that behalf and shall be completed to the entire satisfaction of the Building Authority.

51. Whenever any drain or sewer is about to be constructed or reconstructed, the Building Authority shall have power to require the provision of a surface channel of approved materials and design, in lieu of a covered drain or sewer, in any position in which a covered drain or sewer may appear to him to be undesirable.

Waste-pipes from buildings and surface channels from kitchens, sculleries, bathrooms, stables, cowsheds and the like shall discharge into such surface channel without the intervention of a trap; but any communication between such surface channel and a covered drain or sewer shall be by means of a trap.

52. The position and depth of any sewer to which it is proposed to make a connexion shall be ascertained by the person submitting any plan or notice relating to any drainage works. The Building Authority shall, on application being made to him by such person, open the road or footway where necessary to enable such information to be obtained, but the cost of such opening and of the reinstate- ment of the surface shall be borne by the applicant.

53. The Building Authority, or any officer deputed by such Building Authority may, with such assistants as may be necessary, enter any building, curtilage or works, and may open the ground surface or take such other action as he may consider necessary for the purpose of inspecting and supervising the works to be carried out or about to be carried out under these regulations: Provided that any damage caused to the owner by reason of such inspection shall be made good by the Building Authority at the public expense should the work of which inspection is made be found sound and good.

54. In any case in which the Building Authority may consider the provisions of any of these regulations inapplicable or inexpedient, he may grant such modifications or exemptions as he may consider

necessary.

SCHEDULE K.

[ss. 116 & 166.

Certificate with regard to compliance with Ordinance.

I

HONG KONG,

certify that the new building, viz.:

on

Lot No.

19......

Authorised Architect, hereby

Sec.

comply/complies

in all respects with the provisions and requirements of the Build- ings Ordinance, 1935 (including all regulations and by-laws made thereunder), and is structurally safe.

I therefore request that a written permit to occupy such building may now be granted to

the registered owner of this/these building as required by Section 116 of the said Ordinance

To

The Building Authority.

Authorised Architect.

930

SCHEDULE L.

Matshed regulations.

GENERAL.

[ss. 121 & 166. Į

Inter- pretation.

Proximity to buildings.

Application.

1. In these regulations,

matshed

includes structures of wood,

mats, palm leaves, thatch or other inflammable material.

2. No matshed shall be erected or maintained within fifty yards. of any other building unless with the permission in writing of the Building Authority.

3. Every application for permission to erect a matshed shall specify the proposed dimensions of the matshed, the period of time for which such matshed is required and, if it is intended for habita- tion by more than two persons, the maximum number of persons it is intended to accommodate at night; and no matshed shall be used for habitation by more than two persons unless the permission to erect such matshed expressly states that it may be so used.

Proximity to 4. No part of the structure of any matshed shall be within ten telegraph and feet of any telegraph or telephone wire or electric cable. telephone wires.

Contraven- tions.

Penalty.

Sanitary maintenance.

Removal.

5. The permit-holder shall be responsible for any act or omission by which any of these regulations is contravened and shall indemnify the Government and the Building Authority from all and every claim that may be brought against the Government, or the Building Authority, in respect of sanctioning the erection of the mat- sheds referred to in such permit.

6. Any contravention of these regulations and any breach of the conditions of a permit will entitle the Building Authority to cancel. and withdraw the permit without notice, and will render the person responsible for any such contravention or breach liable upon summary conviction to a penalty not exceeding one hundred dollars.

7. Every matshed shall, at all times, be kept in a cleanly con- dition, and all garbage and other refuse matters shall be removed therefrom at least once every twenty-four hours and be properly dis- posed of to the satisfaction of the Sanitary Board.

8. On the expiry of the permit the permit-holder shall remove such, matshed without delay and shall clear the site to the satisfaction of the Building Authority.

SPECIAL REGULATIONS FOR MATSHEDS USED OR INTENDED TO BE USED FOR HABITATION.

Application

of Regula- tions. 10-19.

Freparation of site.

Distance

from hill- side.

9. The following regulations apply only to matsheds used or in- tended to be used for habitation by more than two persons.

10. The site of every such matshed shall be levelled, and the site, including the ground surface for a distance of not less than three feet from the outer walls of such matshed, shall be covered with a layer of good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority and provided with channels graded to discharge where required by the Building Authority.

Provided that in all cases in which the floor of the matshed averages at least two and a half feet above the ground and the space below such floor is not inclosed, or in which the matshed is erected over water, the foregoing requirements may with the permission of the Building Authority be dispensed with.

11. No such matshed may be erected in such a manner that any part of any external wall of such matshed is at a less distance than eight feet horizontally from any cutting.

I

1

931

12. A board shall be exposed on the outside of every such mat- Notice shed containing the following information:-

to be affixed.

(a) Name of permit-holder.

(b) Number of permit.

(c) Date of issue of permit.

(d) Duration of permit.

(e) Maximum number of persons it is intended to accom-

modate.

13. The ground surface of every kitchen used in connexion with Kitchens. any such matshed shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority.

14. Adequate latrine accommodation shall be provided for the Latrines. occupants of every such matshed and the ground surface of every such latrine shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth and graded and channelled to the satisfaction of the Building Authority. Every receptacle in a pail latrine shall be fly proof.

15. Adequate arrangements, to the satisfaction of the Building Drainage. Authority, shall be made for the drainage of every such matshed, and also of every such kitchen and latrine, as well as of the ground im- mediately surrounding them. Adequate provision shall also be made. for conducting all sullage-waters into a public sewer, if available, failing which, they shall be disposed of as the Building Authority may direct.

16. Each occupant of any such matshed shall be provided with Over- at least thirty square feet of unobstructed floor area and three hun- crowding. dred and thirty cubic feet of clear and unobstructed internal air space.

accom-

17. Every such matshed upon a site that is concreted shall be Sleeping provided with suitable beds or bunks for the use of the occupants, and such beds or bunks shall be at least two feet above the floor of such matshed.

modation.

18. In all cases in which any such matshed is intended to be Exemption. used for occupation for a period not exceeding three months, and is occupied by not more than twenty persons, the Building Authority may, in his discretion, exempt such matshed from compliance with any or all of the foregoing provisions: Provided always that such exemption shall not be deemed to protect the permit-holder from legal action in the event of a nuisance arising from the erection of such matshed.

19. The Building Authority may require the applicant for per- Protection mission to erect any matshed intended for the housing of more than of planta- two persons to sign an undertaking in the following form, and to tions. make a deposit in the Treasury of a sum to be fixed by the Building Authority, not exceeding five hundred dollars for each matshed, as security for the performance of such undertaking.

UNDERTAKING TO PROTECT TREES, &c., NEAR MATSHED.

for the

In consideration of the issue to the undersigned of a permit to erect ......matshed...... at........ housing of [workmen]

hereby undertake to make good any loss or destruction of or damage to any trees, shrubs or under growth or other Government property on unleased Crown land within a distance of five hundred yards from any part of any matshed erect- ed under such permit, occurring while such matshed stands, unless can prove to the satisfaction of the Building Authority that such loss, destruction or damage has not occurred through the act, neglect or default of any person employed by or any person making use of any such matshed, and

hereby agree that the amount of any such loss, destruction or damage for which

may be liable

932

under this document, as assessed by the Superintendent of the Botanical and Forestry Department, may be deducted from the sun. of $............ which

have deposited with the Treasurer as

security for that purpose.

As witness

19......

Witness.

hand this

day of

SCHEDULE M.

[ss. 123 & 166.]

EARTH CUTTING, &c. REGULATIONS.

Regulations as to obtaining stone, earth, sand, clay or turf from Crown land.

1. No person shall cut or remove earth, sand, clay, or turf, or collect, extract, split, blast or remove stones from any land not under lease from the Crown, without having previously obtained a written permit from the Director of Public Works, and such permit. must be kept by the head workman on the ground and shall be pro- duced whenever required by the Director of Public Works or any officer deputed by him, or by the police, and shall have stated in it the period for which it will be available.

2. The place where stone, earth, sand, clay or turf is to be obtained shall, where practicable, be stated in the permit.

3. As each case may require special precautions, the permit- holder must obey any special instructions of the Director of Public Works indorsed on the permit.

4. Permits for the obtaining of stone will be limited to the collection of loose boulders.

5. Any permit may be limited to the collection of a stated quantity.

6. No stone shall be rolled on to, or left deposited upon, any public road or allowed to roll over any hill-slope to the danger of life or property or to the detriment of trees.

7. All escarpments caused by the cutting on unleased Crown land must be sloped uniformly and properly turfed upon completion of the excavation.

8. Any infringement of these regulations will entitle the Director of Public Works to cancel and withdraw the permit without notice, and will render the person to whom the permit was granted liable upon summary conviction to a penalty not exceeding one hundred dollars.

9. The Director of Public Works shall have power at any time to cancel and withdraw a permit, without giving any notice or assign- ing any cause for such withdrawal.

10. The permit-holder is to provide a competent foreman, who is to remain on the ground during the whole of the time the men are obtaining the material, for the purpose of ensuring that the work is carried out without undermining or prejudically affecting or endangering the stability of any bank or of any land or property adjoining, and to prevent the rolling of stones over any hill-slope to the danger of life or property or to the detriment of trees, and to see that all regulations and conditions attached to the permit are properly complied with.

11. The charges to be made in respect to each and every permit granted by the Director of Public Works under these Regulations shall be determined by him in each case.

1

933

12. As regards the New Territories, except New Kowloon, these Regulations shall be read and construed as if the words "District Officer appeared instead of the words "Director of Public Works.'

Note:-Any contravention of the Buildings Ordinance, 1935, as regards the above matters renders not only the labourer doing the work, but the permit-holder, contractor, or foreman under whom such labourer is working, liable to the penalty provided by such Ordinance.

No.

SCHEDULE N.

Iss. 127 & 166.]

Notice to abate a building nuisance.

OFFICE OF THE BUILDING AUTHORITY,

HONG KONG,

19......

To A.B.,

It has been brought to my attention that a nuisance exists

your situated

which contravenes section

Lot No.

viz.:

..... of the Buildings Ordinance,

1935. I have therefore to give you notice under the said Ordinance to abate the nuisance within a period expiring on

by

(Signed)

Building Authority.

Objects and Reasons.

1. One of the recommendations in the Report of the Director of Medical and Sanitary Services on the need for re-organization of the Medical and Sanitary Services is that Regulations regarding the construction of buildings should come under a Buildings Ordinance.

2. Hitherto this subject has been dealt with under the Fublic Health and Buildings Ordinance (No. 1 of 1903).

3. It is felt that there are disadvantages in mixing provi- sions as to the design and construction of buildings, which concern mainly the Public Works Department, with provisions. relating to house-cleansing and the prevention of disease, which are the special concern of the Sanitary and Medical Depart-

ments.

4. This Ordinance extracts from Ordinance No. 1 of 1903 (which it is intended shortly to repeal and replace by another Ordinance or Ordinances dealing with Sanitation and the Pre- vention of Disease) those provisions which deal with the con- struction of buildings and concern the Public Works Depart- ment and amends them where amendment is considered

necessary.

5. A Table of Correspondence attached to the Bill shews the origin of its various clauses and the nature of the amend-

ments.

C. G. ALABASTER,

Attorney General.

March, 1935.

934

GENERAL INDEX

to open spaces

ADDITIONS; to buildings

A.

ACCESS; to buildings for inspection

ADJOINING OWNER; interpretation of...

Rights of

ALTERATIONS; to buildings

APPEAL; to Governor in Council

APPLICATION; of Ordinance

ARBITRATION

ARCHITECTURE, rules as to types of

ÁREAS; between building and hill-side.

Structures in

Sub-soil drainage of

Encroaching on streets.

AUTHOR of a nuisance; interpretation of..

AUTHORISED Architect, interpretation of

B.

List of

SECTION

124 86

6

4 (1)

133-147

6

161-165

167

148-151

10

79

81

80

59 (Schedule F)

4 (2)

4 (3)

5

BACKYARD; ground surface of

BALCONY; Interpretation of

Rules as to

Obstructions in

Undertaking with regard to.. Regulations of

BASEMENT; Interpretation of

BATHROOMS; clear vertical height in

31

4 (4) 58-61

63

Schedule E

Schedule G

4 (5)

39-40 (5)

thickness of walls

BEARING; for floors

BLASTING

BLOCK PLAN

BLUE BRICKS

BOND TIMBERS

BONDING for Walls

21

35

122

89, 6 (c)

16

53

29

BOUNDARY WALLS

BREACH of Condition of modification

BRIDGES

BRESSUMMERS;

BUILDING; Interpretation of

Addition or alteration of

25

164

81

30

4 (7)

6

Chinese domestic

7-9

Dangerous

118-120, 124

Depth of

Design of

74-77 7-10

Domestic, Interpretation of..

4 (15), 6

Height of

New

87, 88

4 (28)

Notice of intention to

commence

Schedule A.

Nuisances

126

Public, Interpretation of Wooden

4 (37) 15

BUILDING AUTHORITY; Interpretation

of

Liability of

Powers as to entry and

4 (8)

168, 169

inspection by

Powers to divert traffic

BUILDING OWNER; Interpretation of...

124

125

4 (9)

Rights of

133-147

C.

CEILINGS;

46

CEMENT; Interpretation of

4 (11)

!

935

General Index,-Continued.

C,-Continued

CERTIFICATE completion

CHIMNEYS,

for reinforced concrete

CHINESE Domestic Building

COCKLOFT;

COMPENSATION; for disallowing re-

erection

Claims for

CONCRETING of ground surfaces

CONTRACTS tenancy

CONTRAVENTIONS; Interpretation of

(see Penalties)

CORBELLING;

CORNICES;

CROSS WALL; Interpretation of

Thickness of

D.

SECTION

116

Schedule B.

54, 66, 67, 69-72

7-9

4 (12), 42

92 (2)

148-151

31

3

152

35

55, 56

4 (13)

20

DAMP-PROOF COURSES

DANGEROUS BUILDINGS; Interpreta-

tion of

Shoring of, etc...

DETACHED BUILDING;

DISTRICT; Hill, Mid-level, Kowloon Point

DOMESTIC BUILDING; Interpretation of

DOWN-PIPES

DRAINAGE; Works

Regulations

22

4 (14) 117-120, 124

40, 82

4 (22) (23) (27)

4 (15)

52

101-109 Schedule J.

DRAWINGS;

Building over

Interference with existing

E.

EARTH: Cutting

EAVES, Gutters

ENCROACHMENTS on Crown Land

ENTRY and inspection of buildings

EXCAVATIONS, Lighting of

EXCEPTIONAL Building, Interpretation

EXEMPTIONS

of

Construction of

EXTERNAL AIR, Interpretation of

EXTERNAL WALL, Interpretation of

F.

FACTORY; Interpretation of

FALL, of ground surfaces

FIRE ESCAPES

FIRE PLACES

FLOORS; Interpretation of

Bearing for Impermeable Level of ground Space between To be water-tight

To rest on corbells Ventilation under

FOUNDATIONS; Construction of

110

113

6

123 Schedule M.

52, 56 Schedule J (26)

58

124

Schedule J (4)

4 (16) and 88 (5) 13-15

160, 164, 165

4 (17)

4 (18)

4 (19) 31 (2)

45

64, 66-68

4 (20)

35

31

33

34

37

35

36

23

936

General Index,-Continued.

G.

SECTION

GOVERNMENT Buildings

2

GOVERNOR IN COUNCIL, Appeal to

Empowered to state case for

161

Full Court

162

Orders of

163

GROUND Floors and Surfaces

31-33

H.

HABITATION; Space prohibited for HEARTHS;

HILL-DISTRICT; Interpretation of HILL-SIDE; Interpretation of

HOARDINGS;

HOLLOW-WALLS

HOODS; for fire-places

Stair

HOOP-IRON Bond

41 68

4 (22)

4 (21)

11

28

67

21

29

I.

IMPERMEABLE FLOORS; INFLAMMABLE STRUCTURES;

K.

KITCHENS; Height of

Ground surface of

Limitation of extent of To be provided

KOWLOON-POINT District

31, 32

121 Schedule L.

39, 40 (4) 31, 32

65

64

4 (23) 7-10

LANES;

L.

LATH and Plaster Partitions

LATRINES; Interpretation of

General requirements

Height of ......

Thickness of walls

LIABILITY, of Government Officers

LIFTS and Lift Shafts

LIME-Mortar

LINTELS;

M.

MANDAMUS:

MATSHEDS;

Regulations

MID-LEVEL DISTRICT

MODIFICATIONS

N.

82, 84

28

4 (24)

94-101

39, 40 (5)

21

168 & 169

44

16

30

161

121

Schedule L.

4 (27), 7-10 160, 164, 165

NEW BUILDING; Interpretation of NEW Kowloon, Interpretation of

Application of Ordinance to. NEW TERRITORIES, Interpretation of...

Application of Ordinance to. NOTICES; Dangerous Buildings

to commence work

service of

4 (28) Interpretation Ordinance. No. 31 of 1911

167

Interpretation Ordinance No. 31 of 1911

167

118

6

132

Schedule A.

!

937

General Index,-Continued.

N,-Continued.

SECTION

NUISANCE; Abatement of

127-131

Notice to abate

Schedule N.

Penalty for

153

NULLAHS;

110-113

0.

OCCUPIER; Interpretation of

OCCUPATION; of new buildings

OPEN SPACE

OPENING and Recesses

ORDER of Governor in Council

ORDINANCE; Application of

Protection of persons

116

4 (29)

79, 82, 83, 86

27

163

167

acting under

OWNER; Interpretation of

170

4 (30)

P.

PANTRIES;

39, 40

PARTITION WALLS, Interpretation of

4 (32)

Thickness of

17

In verandahs

PARTY Structure, Interpretation of

PARTY Walls, Interpretation of

Thickness of ....

To be carried above roof

63

4 (33) 4 (34)

PARAPETS;

PENALTIES;

PERSON; Interpretation of

PLANS,

POWER of Building Authority to grant

modification or exemption

PREMISES;

PROJECTIONS;

PROTECTION of Persons acting under

Ordinance

PUBLIC BUILDING

R.

RECESSES;

REGISTRATION of Modification

RESUMPTION

RETAINING WALLS

RETURNS to Shop fronts

RIGHTS of, Building and adjoining

ROOFS;

owners

The Crown

ROOM; Interpretation of

Windows required for

17

26

26, 88

6, 126, 152-157

4 (35) 6

160

4 (36)

55-57

170

4 (37)

27

165

150, 171

24

27

133-147

171 48-52

4 (38) 77

S.

SCAFFOLDING

SCAVENGING LANES

SEMI-DETACHED BUILDINGS

SERVANTS QUARTERS

SEWERS and DRAINS

SHOP FRONTS, returns to

SKIRTINGS

SKY-LIGHTS

STAIRS

11 82, 84 40, 82

39,

40

101, 109

Schedule J.

27

38

77

43

938

General Index,-Continued.

S,-Continued.

STONES; Removal of

STOREY; Interpretation of

Height of

STORM WATER-CHANNELS STOVES; Floor under

STREET, Interpretation of

Width of

Private

STRUCTURES; Inflammable

Party

SECTION

123

4 (39)

17 (proviso 3)

39, 40 110-113

68

4 (40) and 82 (8)

62 89

122 Schedule M.

4 (33)

T.

TENANCY CONTRACTS

TENANT, Interpretation of

TENEMENT, Interpretation of

TIE RODS

TIMBER STORES

TYPE-PLANS

TYPES of ARCHITECTURE

3

4 (41)

4 (42) 19 (3)

115 167 (3) 7-10

V.

VENTILATION, of Buildings

under floors

VERANDAH, Interpretation of

Obstruction in

Regulations

Rules as to

W.

74

36

4 (43)

63

Schedules E & G.

58-61

WALLS: Interpretation of

Cross

4 (44)

4 (13)

External

Main

Partition

4 (18)

4 (26)

4 (32)

Party

Blue bricks

4 (24)

16

Bonding of

29

Boundary or fence

25

Cross

19, 20

Damp-proof courses for

22

Hollow

External

Foundations for

Hoop iron courses for

Lath and plaster

Limitation of length of

Materials for

17, 19 (3)

23

28

29

28

19

12

Mortar for

16

21

Partition

Party

26, 134-138

Retaining

24

Tie-rods for

WATER-CLOSETS

WEEP-HOLES

WELLS.

WINDOWS, Interpretation of

WOOD Plates

Required

Obstruction to

WOOD-work near flues

WOODEN Buildings

Floors

WORKS, Interpretation of

Notice of intention to commence...

19 (3) 94-100 Schedule J.

24 114

4 (46)

73, 74, 77

78

53

54

15 Schedule L.

37

4. (10), 4 (47) Schedule A.

939

TABLE OF CORRESPONDENCE.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

1

2

Cf. Sanitation Bill 2

3

Cf. Sanitation Bill 3

4 (1)

6 (1)

(2)

(2)

(3)

(3)

a

substituted for the

(4)

(5)

66

'to an average

the floor

level added

(5)

(6)

Added

(6)

garage

and hoarding

"

added

(7)

(8)

(8)

(9)

Deleted

(10)

(9)

(11)

Added

(10)

(11)

(13)

"

Substituted for definition of Mez-

zanine floor

(12)

(38)

Re-drafted to exclude the walls of

a central yard

(13)

(16)

(14)

(20)

(15)

(22)

Deleted and definition

Mid-level

district substituted

(24)

(16)

(25)

seven

substituted for

five

(17)

(26)

Amended to

exclude "vertical en

66

closure and cross wall or other partition which have their own definition

(18)

(27)

Amended to conform to definition in the Factories Ordinance, 1927

(19)

aa

(28)

(20)

(29)

"except Chinese Villages omit-

ted

"

(21)

(31)

(22)

(32)

940

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

Added

4 (23)

pail latrine, water closet and

urinal added

Added

(24)

6 (35)

(25)

(26)

(37)

Added to take the place of "Eu-

ropean Reservation"

(27)

Amended as in definition (12)

(38)

"and any existing building.. for one tenancy" added...

(28)

(29)

22

(39)

(42)

69

(30)

(44)

Added

(31)

(32)

(44A)

(33)

(45)

(34)

(46)

(35)

(47)

66

paddy" omitted

(36)

(48)

(37)

(49)

(38)

(51)

Last paragraph added

(39)

(53)

the whole or any part of

and

""

road-bridge, footpath added

(40)

(54)

(41)

(55)

(42)

(56)

Deleted

(57)

""

substituted for the

(43)

(58)

(44)

(59A)

Deleted

(60)

Added

(45)

omitted

看看

glazed

wall, pier, wharf, fence" omitted.

999

(46)

(60A)

(47)

(61)

Revised to accord with No. 39 of

1932, s. 131

5

7

941

Table of Correspondence,-Continued.

Buildings

Ordinance

Remarks.

Ordinance, 1935.

No. 1 of 1903.

Re-drafted giving in greater detail the procedure to be adopted be- fore any building work is com- menced or resumed; making the architect responsible for work shewn on plans submitted by him; increasing penalties for defective work, etc.

Re-drafted to include Kowloon Point district and giving the Director of Public Works authority to de- cide what constitutes a Chinese domestic building

"or Kowloon Point District" in-

serted

6

222-225

7

200

201

Do.

Do.

202

10

203

Re-drafted to make it compulsory to erect hoarding during the de- molition or erection of a build- ing

11

208

12

13

985

96

97

Schedule B added to the mar-

ginal note

14

98

44

the City of Victoria and Kow- loon have been substituted for an urban district

15

99

composed of good cement....

or other suitable material

omitted

"thirty

five substituted for forty and

"

66

for ventila-

tion omitted and or where the walls are constructed in good cement mortar" inserted in proviso (1)

16

100

17

101

practicable

substituted for

""

possible

18

101A

46

eighty "substituted for "seventy six and "not exceeding nine

feet

inserted

19 (2)

102 (2)

"thirty

five thirty

substituted for

20220

19 (3)

102 (3)

103

،،

not exceeding twelve feet

in height "inserted

21

103A

942

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

22 23

"Re-drafted to apply to all build-

ings and to provide for a ver- tical damp-proof course whee necessary

Last paragraph deleted

Re-drafted giving more detail of con- struction and excluding retain- ing walls built of lime concrete or in lime mortar

within an urban district omitted

unless exempted by the Building Authority and and every parapet wall" inserted

104

105

2225

24

221

220

26

106

one half substituted for

two

thirds ' and unless in' the

opinion

may be allow-

ed inserted

27

107

66

outside the European Reservation

1

or the Hill District omitted...

,,

domestic and "which is not

within

the Hill District

omitted and "not less than inserted

Re-drafted and curtailed

28

108

888

29

109

30

110

Re-drafted and the thickness of lime concrete reduced from six to four inches and the thickness of cement concrete increased from three to four inches

31

111

Re-drafted to include bath-room

32

112

33

113

34

114

Last sentence added

35

115

36

117

37

119

"outside the European Reservation.

or the Hill District" omitted and size of skirting reduced....

38

120

eleven

substituted for "twelve"

""

and ten " substituted for eleven and the permissible

height of bathrooms and latrines from nine to eight feet.

39

116 (1)

Deleted and included in definition

of "Storey

"

116 (2)

;

i

943

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

1935.

Ordinance No. 1 of 1903.

Deleted and included in definition of

Storey

40 (1) (a)

116A (1) (a)

(b)

(2)

(2)

Deleted

(3)

[ 6

nine feet six inches

for ten feet

substituted

وو

(3)

(4)

(4)

(5)

eight

substituted for seven

66

and a half

(5)

(6)

Deleted and included in definition

of Storey'

(7)

41

116B (1)

Re-drafted to preclude

cocklofts

from being erected on a top storey or in any room used for sleeping purposes

42 (1)

118 (1)

mezzanine floor omitted

(2)

(2)

Do.

(3)

(3)

Do.

(4)

(4)

Added

(5)

Added

(6)

Re-drafted and the treads and risers altered from 8" and 8" to 9" and 7′′ respectively; a minimum width of staircase is now given

Added

Re-drafted and the height of forty feet reduced to thirty five feet...

43

121

44

45

149

"

outside the European Reservation

or the Hill District

omitted...

46

122

47

123

48

124

49

125

50

126

51

127

52

132

party or external omitted

71

53

128

944

Table of Correspondence,--Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of

1903.

Added

Re-drafted

giving the Building

Authority discretionary power and controlling the height above the footpath of projecting win-

54

129

55

dows,

etc.

56

131

Last sentence omitted

57

133

46

any street whether public or pri-

vate or into added

58

134

and subject to

impose

added

(1)

(1)

58 (2)

134 (2)

(3)

(3)

(4)

(4)

59

135

verandah or added

and one

and a quarter times omitted.

""

60

136

Added

61

137

Deleted

138

Deleted

Added to take the place of defini-

tion (60)

"

maintained and except

62

66

(" or

within

District'') omit-

ted, and ("except by

height") added

63

139

"

sixty substituted for "fifty

and

66

on an' upper floor

omitted

64

140

outside the

omitted

District

185

65

141

66

142

67

143

68

888

144

69

145

and every chimney

in

cement mortar

added

70

71

22

146

147

72

148

945

Table of Correspondence,-Continued.

Remarks.

Re-drafted to make it clear that the window in rear is intended to light the main building and to have the windows extending as far as practicable to the ceiling.

thirty five

substituted for

forty, 'glazed " omitted and clear of any obstruction to the light and and ven- tilated" added

፡፡

46

thirty five

""

forty

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

73

150

74 (1)

151 (1)

substituted for

(2)

(2)

76

2 23

75

152

Re-drafted to conform to Section 87

Added

Re-drafted to ensure that all rooms

in a domestic building are pro vided with a window opening into the external air

.....

existing

note

omitted from marginal

or fitting" and "or by any merchandise omitted

77 (Sanitation Bill 33.)

153 (1)

78

155

(Sanitation

Bill 35.)

Deleted

175

46

within an urban district omitted

79

176

80

177

81

178

Re-drafted to include every new domestic building whether on land leased before or after 1903.

The width of the side lane has been increased from four to five feet and an open space eight feet wide is now required in the

rear

ten ' substituted for eleven

66

JJ

and fourth substituted for

third

66

Deleted

The height of the boundary walls has been reduced from ten to eight feet

82 (1)

179 (1)

(2)

(a)

(3)

(b)

(4)

(c)

(d)

(5)

(e)

946

Table of Correspondence,-Continued.

Buildings

Remarks.

Ordinance,

1935.

Ordinance No. 1 of 1903.

Re-drafted so that every building will be required to provide an area five feet wide in rear for a scavenging lane

Re-drafted to exclude any portion

of a street being included as open space and to exclude any portion of open space being treated as

a street

Added

Added

Deleted

Added

Added

83

84

Redrafted so that an exceptional

building will not become a new building when certain structural

work is carried out

85

Added

86

(6)

(£)

(7)

(g)

(8)

(2)

(9)

(10)

180

(Sanitation Bill

15 and Scavenging

180 (5)

By-law 5.)

66

quarter

substituted for

half

87 (1)

188 (1)

Do.

(2)

(2)

quarter" substituted for

and the proviso omitted

Added

66

half

(3)

(3)

87 (4)

(5)

188 (4)

(6)

(5)

Re-drafted to make all buildings over three storeys in height fireproof; omit maximum height for non-domestic building and increasing the permissible height of domestic buildings from four to five storeys; omit the defini- tion of

storey

(7)

(6)

"to a

distance not exceeding twice

the

width of such narrower

street" substituted for "to a

distance of fifty feet

(8)

(6) (a)

(9)

(6) (b)

Deleted

(6) (c)

947

Table of Correspondence,-Continued.

Remarks.

Re-drafted and the angle within which the height of a building must be kept has been increased from 30 degrees to 68 degrees in the case of building erected on old lots and to 631 degrees in the case of buildings erected on new lots

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

88 (1)

189 (1)

Added

Added

Added

(1) (a)

(1) (b)

(1) (c)

(2)

(2)

Added

(3)

(4)

(3)

Added

(5)

construction and added

J

89

182

"throughout" added

"upon which domestic buildings

abut" omitted.................

92 (1) (Sanitation

90

183

91

184

185 (1)

Bill 90.)

(2)

(2)

(3)

Added

in s.s. (1). s.s. (3), see No. 1 of 1845 s. 30A.

Re-drafted to make it clear that the owner of a private street is re- sponsible for its maintenance. The last paragraph has been added to ensure recovery of the cost of any work carried out by Government in a private street.

93 (1) (Sanitation Bill, Scavenging By-law 10.)

186

"and such latrine

the

building" omitted and "and no latrine

with a street " added

94

156

Added

95

Thickness of rendering added

........

96

157

Last sentence omitted

97

158

"

pail " added

98

159

(Sanitation

Bill 40)

948

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance. 1935.

Ordinance No. 1 of 1903.

Amalgamated and re-drafted to in-

clude every domestic building

and every

floor of a domestic

99

160

building hereafter erected

100

163 & 164

(Sanitation Bill 62)

101

189A

within an urban district omitted

"

102

190

103

191

104

192

105

193

106

194

107

195

Deleted

196

Deleted

197

108

198

109

199

110

216

111

217

112

218

113

219

Re-drafted to cover wells for flush-

ing purposes only

114

213

(Sanitation Bill 29)

Title amended and section re-drafted

to regulate the height of any building in

in which timber is stored and the height of any stack of timber and to prevent the formation of timber stacks into rooms

according to the form contained in

schedule K" inserted

115

212

116 (1)

204

Added

(2)

(3)

proviso

117

205

or otherwise made safe

inserted

118

206

119 (1)

207 (1)

Added

949

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of 1903.

66

structure

ing

,,

substituted for "build-

Last paragraph added

፡፡

"sand, clay added; or earth

119 (2)

207 (2)

(3)

120

207A

121

209

122

210

"

deleted penultimate paragraph added. See No. 1 of 1845 s. 30A

123

or his duly authorised agent" in-

serted

duly authorised agent" substitut-

ed for representative

any

46

works whatsoever sub- stituted for "works of a public nature

121

124 (1)

227 (1)

(2)

(2)

125

228

64

defective materials or "inserted

126 (1) 5

229 (1) 5

may at his discretion " substitut-

ed for shall

127

230

(Sanitation

Bill 28)

128

231

129

232

130

233

131

234

132

(Sanitation

Bill 76)

235

133

236

134

237

135

238

136

239

137

240

138

241

139

242

140

243

141

244

950

Table of Correspondence,--Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of

1903.

142

245

143

246

144

247

145

248

146

249

147

250

Reference to Board omitted

148

251

(Sanitation

Bill 91)

149

252

(Sanitation

Bill 92)

150

253

(Sanitation

Bill 93)

151

254

(Sanitation

Bill 94)

152

255

(Sanitation

Bill 77)

occupier and tenant inserted and

five substituted for two

""

153

257

(Sanitation Bill 79)

66

two thousand substituted for

66

two hundred

154

258

(Sanitation

Bill 80)

Penalty increased to $500

155

259

(Sanitation Bill 81)

"

or firm

partner

and

director or any

inserted

156

261

(Sanitation Bill 82)

<<

mezzanine floor and cubicle

omitted and deputed by the Building Authority" substitut- ed for "of the Department "

157

262

(Sanitation Bill 83)

158

264

(Sanitation Bill 38)

951

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of

1903.

or the Board omitted

"

Reference to the Board omitted

159

264A

(Sanitation Bill 14)

160

264B

161

265

(Sanitation Bill 84)

162

265A

(Sanitation

Bill 85)

163

265B

(Sanitation

Bill 86).

164

265c

(Sanitation

Bill 95)

165

265D

(Sanitation

Bill 96)

166

Cf. Sanitation Bill 99

167 (1)

266

(2)

267 (1)

(1)

the City of Victoria or Kowloon

substituted for an urban dis- trict

(3)

(2)

168

208A

Reference to the Board omitted.....

169

269

(Sanitation

Bill 97)

Reference to the Board omitted

170

270

(Sanitation Bill 98)

171

271

Amends No. 13 of 1914

172

Amends No. 1 of 1903

173

Re-drafted to ensure supervision by

an authorised architect

Schedule A.

Schedule K.

See G.N. 660 of 23.11.1931

Schedule B.

New

Schedule C.

New

Schedule D.

952

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

(2) amplified in respect of advertise-

44

ments

66

or lowered " and or lower" add-

ed in (5)

Schedule E.

Schedule E

Schedule F.

Schedule F.

"

seven feet nine

Schedule G.

Schedule G.

(1) "ten feet" for

inches

(2) eleven for

"

"

twelve "

(3) eleven for twelve

(4) ten for

66

eleven"

(7) and (8) "urban district" omit-

ted

Re-drafted to permit of use of re-

inforced concrete, etc.

(10) re-drafted

(12) and (13) omitted

See G.N. 349 of 22.11.1912

Schedule H.

(1) and (2) new

Schedule J.

Schedule M.

(3) proviso re-drafted

(8) Last clause re-drafted to ensure proper channels and junctions

in manholes

(10) Cement concrete substituted for

lime concrete

"

(18) not less than inserted

(24)

as required by the Building Authority added

"

(25) "if required by the Building

Authority" added

(27)

yarn and red lead

""

ed for cement

"

Stone ware pipes omitted

substitut-

(31) Fee on giving notice of con- struction of drainage works in- creased from $10 to $20

(40) "unless exempted by the Build-

ing Authority" inserted.

(44) Redrafted for clarity

953

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

1935.

No. 1 of 1903.

(46) not

more than (unless

exempted by the Building Authority)" substituted for "at least."

(1)

<

structures for buildings

Schedule L.

Schedule H.

(4)

64

electric cable added

(9)

"' either manent

temporary or per-

omitted

(10) Re-drafted.

46

(11) cutting for hillside or

bank of earth "

(14) Re-drafted

64

(1) and (2) sand, clay" added.

(5), (11) and (12) New-sce G.N.

554 of 1934

Schedule M.

Schedule J.

Schedule N.

Schedule L.

954

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 88.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

!

22nd March, 1935.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 89.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

22nd March, 1935.

Reference to

Date.

Government Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

956

TT

IN THE SUPREME COURT OF HONG KONG,

IN BANKRUPTCY.

No. 24 of 1932.

Hotel, Kowloon, Clerk.

HONG KONG REALTY AND TRUST COMPANY, LIMITED.

(INCORPORATED UNDER THE COMPANIES ORDINANCES OF HONG KONG)

Re Robert George Witchell, of Airlie NOTICE is hereby given that the Ordinary

Yearly Meeting of Shareholders of long | Kong Realty and Trust Company, Limited, will be held at the Registered Office of the Cmpany, Exchange Building, (2nd Floor, Des Voeux Road Central, Hong Kong, on Wednesday, the 17th April 1935, at 12 Noon, for the purpose of receiving a Statement of Accounts and the Re- port of the Board of Directors for the year ended on the 31st December, 1934, and re-electing two Directors and the Auditors.

T was ordered on the 19th day of December, 1934, that the above-named Robert George Witchell's discharge be suspended for three calender months, and that he be discharged as from the 19th day of March, 1935.

Dated this 19th day of March, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 2 of 1935.

Re The Canton Brothers Rubber Manu- facturing Company, of Hai Tan Street, Mongkok, Kowloon, in the Colony of Hong Kong, Manufac- turers and Tang Shu Shu, Tang Tak Ki and Tang Sui Ying, partners therein.

The Transfer Books of the Company will be closed from Thursday, the 4th April, 1935, to Wednesday, the 17th April, 1935, both days inclusive.

By Order of the Board,

F. C. BARRY, Secretary.

Hong Kong, 13th March, 1935.

NOTICE.

NOTICE is hereby given that the partner.

ship heretofore subsisting between Young See Cheong(), Fong Siu King(), Kwai Piu Tong

RECEIV, 1935. Date and place of first ECEIVING Order made 2nd day of meeting, 3rd day of April, 1935, at 11.00

    NOTE.--All debts due to the estate should be), Yeung Mo Tong ( paid to me.

a.m. in the Official Receiver's Office.

Dated the 22nd day of March, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Arthur Stanley Townley-

Fullam late of 3 Burghill Road,

), Chan Yat Sang (BE) Yeung Pun Chi ( 5 ). Yeung Tsun Sien Tong (i), Yeung Kam Wai(4), Yeung Tsz Fan (楊子芬). Yeung Wai Chi (楊慰

), Yau Hing Tong (X) Yeung Chun Hing(), Un

Kwok Yu Tong (阮國裕堂), Yee Sien Tong (), Shau On Tong

善堂)

Sydenham in the County of Kent), Yeung Chun Lung

formerly of H.M.S. Wildfire Royal

Naval Sub Depot Sheerness in the), Yee Wo Tong (

said County, deceased.

وار

Shau

Tak Tong(), Li Tsz King

NOTICE is hereby given that the Court has(7), Fung Shu Nam (

by virtue of Section 58 of the Probates

of April, 1935.

Ordinance 1897, made an order limiting the), Fung Pang Shi (). time for creditors and others to send in their claims against the above estate to the 16th day Fung Wong Shi (ER), Fung Yuk Kun (馮玉權), Fung Yuk Lun (馮 hereby required to send their claims to the), Tun Sin Tong (**). Tun Hau Tong (敦厚堂), and Tun

All Creditors and others

are accordingly

undersigned on or before that date.

Dated the 22nd day of March, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the E-recutrix, Prince's Building, Ice House Street, Hong Kong.

THE HONG KONG LAND INVESTMENT AND AGENCY CO., LTD.

OTICE is hereby given that Mr. O. Eager has been appointed Secretary of this Company as from, and including, the 22nd March, 1935.

By Order of the Board of Directors,

L. S. GREENHILL,

Secretary.

(敦善堂),

HONG KONG CLUB.

NOTICE.

HE First Yearly Drawing of 24 Deben-

THE 1938 500, each of the

Hong Kong Club, payable on Monday, the 30th September, 1935, will be held in the Club House, at 11 o'clock, a.m., on Saturday, the 30th March, 1935.

Bearers of Debentures are invited to attend the Drawing.

By order,

S. R. KERR, Secretary.

Hong Kong, 20th March, 1935.

(FILE No. 59 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Derick Rolfe Martin, of 21 Duke's Avenue Canon's Park, Edgware in the ounty of Middlesex, England, on the 7th day of January, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

INTELEX

in the name of the said Derick Rolfe Martin,

who claims to be the proprietor thereof.

the Applicant in respect of Articles of Cloth-

The Trade Mark is intended to be used by

ing in Class 38.

This mark is to be associated with the "Intelex mark of pending application No. 467 of 1934.

Dated the 22nd day of February, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor, Hong Kong.

(FILE NO. 55 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark,

Lai Tong (hereinafter NOTICE is hereby given that Pal Blade

called "the Retiring Partners") and certain other persons carrying on business as Piece Goods Merchants at Nos 38 and 40 Wing On Street, Hong Kong, and No. 119 Yeung Hong Road, Canton, under the style or firm name of

Sam Cheong Company (EA)

has been dissolved so far as concerns the above named Retiring Partners who have retired from the said firm and who cease to have any share or interest therein.

Notice is hereby further given that Mr. Wong

Tat Ng(黃達五) one of the continuing

partners, alone and no other partner or person, is authorized to enter into any contract or create any liability or incur any obligation on behalf of the firm.

Dated the 22nd day of March, 1935.

二县公司黃達五.

Export Corporation, Limited, of Mon- treal in the Dominion of Canada, have on the 20th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

"

BLU-STREAK

in the name of Pal Blade Export Corporation, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the ap- plicants since November 1933, in respect of Cut.ery and Edge Tools, in Class 12.

Dated the 22nd day of February, 1935.

PAL BLADE EXPORT CORPORATION, LTD.,

c/o THE UNION TRADING CO., LTD., York Building, Hong Kong.

(FILE No. 432 of 1933)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chrysler Cor

poration, a corporation duly organised and existing under the laws of the State of Delaware, doing business in the City of Detroit, County of Wayne, State of Michigan, United States of America, have on the 21st day of September, 1933, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

957

(FILE No. 93 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Gunther

the 1st day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

N

IN THE SUPREME COURT OF HONG KONG

In the Matter of the Legal Practitioners

Ordinance, 1871, Section No. 16.

OTICE is hereby given that I, SYDNEY NG QUINN, of St. George's Building, Victoria, in the Colony of Hong Kong, formerly Articled Clerk to GEORGE KINGSTON HALL BRUTTON, of St. Georges Building, Victoria aforesaid Solicitor intend at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court.

Dated the 1st day of March, 1935.

SYDNEY NG QUINN.

DODGE BROTHERS

in the name of Chrysler Corporation, who claim to be the proprietors thereof.

9

The Trade Mark has been used by the Ap- plicants since 12th November, 1914, in respect of the following goods :--

Automobiles and their structural parts,

in Class 22.

""

The words "Dodge Brothers have been declared to be distinctive by Order of His Excellency the Governor under Sectiou 9(5) of the Trade Marks Ordinance 1909.

Dated the 22nd day of March, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 91 of 1935,

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Java Flash- light Factory, of No. 23, Yen Chow Street Shamshuipo, Kowloon, in the Colony of Hong Kong, have on the 1st day of March, 1935, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

SHEEP

BRAND

    in the name of the said Java Flashlight Factory, who claim to be the proprietors thereof.

     The Trade Mark is intended to be used by the Applicants in respect of Flashlight in Class 8.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 22nd day of March, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

Pelikan

in the name of Gunther Wagner, who claim to be the sole proprietors thereof.j

plica ts in respect of Stationery of all kinds The Trade Mark has been used by the Ap-

and descriptions in Class 39.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of March, 1935.

DEACONS, Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

(FILE No. 90 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Success

Battery Company, of Nos. 15 to 19, Lai Chi Kok Road, Shamshuipo. Kowloon, in the Colony of Hong Kong, have, on the Ist day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

SUCCESS

TRADE

MARK

WHEN CELLS ARE EXHAUSTED THEY SHOULD BE IMMEDIATELY REMOVED TO PREVENT CHEMICAL ACTION CAUSING THEM TO STICK IN THE CASE

GUARANTEE

QUALITY AND SERVICE ARE IN THE HIGHEST DEGREE ARE COM BINS IN THE BATTERY AND IT IS GUARANTEED TO GIVE COM PLETE SATISFACTION

SUCCESS

TRADE

No.

OK

MARK

200

SINGLE CELL FOR FLASHLIGHT SUCCESS BATTERY CO

MADE IN HONG KONG

in the name of the said Success Battery Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Battery in Class 8.

The Applicants undertake not to use the mark in red and blue colours and that Regis- tration of this mark shall give no right to the exclusive use of the letters

66 O.K." either separately or in combination, the figures "No.

(FILE No. 119 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sweets,

Federal Inc., U.S.A., of No. 36, Baikal Road, Shanghai, China, have on the 9th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BUBBLE GUM

香甜

標商册註

糖泡

TRADE MARK REGISTERED

in the name of Sweets, Federal Inc., U.S.A., who claim to be the sole proprietors thereof.

The above Trade Mark has been used by the Applicants since six months ago, in respect of chewing gum, candy confectionery, sugar, dried fruits, preserved meats and other sub- excluding flour in Class 42. stances used as food or as ingredients in food

Registration of this Trade Mark shall give no right to the exclusive use of the words "Bubble Gum" and the Chinese Characters

200" and all the words appearing on the mark) appearing on the said

with the exception of the word "SUCCESS".

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 22nd day of March, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

mark.

Facsimile of the above Trade Mark can be seen in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of March, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong

958

(FILE NO. 49 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N NOTICE is hereby given that the Tsun Tsun

Confectionery of Nos. 3 and 5, Ship Street, (ground floor), Victoria, in the Colony of Hong Kong, have on the 29th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :--

(FILE No. 120 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kam Loong Knitting Factory, of No. 31, Wong Chuk Street, (1st floor), Kowloon, Hong Kong, have on the 29th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

品出敬龍金

歡喜牌

in the name of the Tsun Tsun Confectionery,

who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by

the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredient in food.

       Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of February, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

(FILE No. 30 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Kwong Wing

Shing Firm, of No. 193, Des Voeux Road West, Hong Kong, Fire Cracker Merchants,

上線衫

DRAGON HEAD

MADE IN HONG KONG

שד

EJTTUT

in the name of Kam Loong Knitting Factory, who claim to be the proprietor thereof.

The Trade Mark has not been used by the Applicants in respect of Singlets in Class 38.

A Facsimile of such Trade Mark can be seen at the offices of the Regis- trar of Trade Mark of Hong Kong and of the undersigned.

Dated the 22nd day of March, 1935.

KAM LOONG KNITTING FACTORY, No. 31, Wong Chuk Street, (1st floor), Kowloon, Hong Kong. Applicants,

(FILE No. 509 of 1934.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

have on the 26th day of January, 1935. applied NOTICE is hereby given that Enterprise Tobacco Co., Ltd., whose regis-

for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

tered office is situated at 175, Soochow Road, Shanghai, Tobacco Manu- facturers, have on the 17th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

FIRECRACKER MAKER

KWONG WING SING

TCHEKAM

KWONGCHOWAN

ACTRESS OF JAYA

CIGARETTES

SELLEEDIƆ OL

10 CIGARETTES

ENTERPRISE TOBACCO CO.LTD.

ELE

CIGARETTES

CO., LTD.

TOBACCO

ENTERPRISE

in the name of Kwong Wing Shing Firm, who claim to be the proprietors thereof.

      The Trade Mark has been used by the appli- cants in respect of Fire Crackers in Class 20.

Registration of this trade mark shall give no right to the exclusive use of the representation of a female figure except as shown on the mark,

Dated the 22nd day of February, 1935.

KWONG WING SHING FIRM, No. 193, Des Voeux Road West, Hong Kong. Applicants.

in the name of Enterprise Tobacco Co. Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in respect of manufactured tobacco in Class 45.

Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 25th day of January, 1935.

ENTERPRISE TOBACCO CO. LTD., F. STAFFORD SMITH, Attorney,

P. & O. Building, Connaught Road, Central.

(FILE No. 13 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Tonicity London, E.C. 2. England, on the 13th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

Laboratories Limited, of 141, Moorgate,

HALMAGON

in the name of the said Tonicity Laboratories Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Chemical Substances prep for use in medicine and pharmacy, in Class 3.

Dated the 25th day of January, 1935.

HASTINGS & CO. Solicitors for the applicants,

Gloucester Building, Hong Kong.

(FILE No. 26 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Kom Ng

Seung (甘五常) trading as Po Kwong Dispensary ( 1 * 1

   at 19 Tung Choi Street, Mongkok, Kowloon, in the Colony of Hong Kong, has on the 14th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

|行藥光保

珍珠牌

水 眼牌珠珍

本藥行之珍段

老無水.

̇能眼幼論功珍

治疾一男效珠

「理皆切女卓牌

in the name of Kom Ng Seung (甘五常)

trading as Po Kwong Dispensary (

tor thereof.

who claims to be the sole proprie-

The Trade Mark has been used by the Ap- plicant in respect of Chemical substances pre- | pared for use in medicine and pharmacy, parti- cularly Eye lotion, in Class 3.

The Registration of this mark shall give the Applicant no right to the exclusive use of the Chinese characters" "appearing on the mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigued.

Dated the 25th day of January, 1935.

DEACONS,

Solicitors for the Applicant,

No. 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 5 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Mackeson & Co.. Limited, of The Brewery, Hythe, Kent, England, on the 15th day of November, 1934, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz.:-

MACKESON

HYTHE BREWERY.

KENT

TRADE MARK

in the name of the said Mackeson & Co., Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap-

plicants in respect of Fermented Liquors and Spirits in Class 43.

Dated the 25th day of January, 1935.

N

HASTINGS & CO.

Solicitor for the Applicants, Gloucester Building, Hong Kong.

(FILE No. 24 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered under the Laws of Japan having a branch office at No. 5 Ice House Street, Cen- tral, Victoria, in the Colony of Hong Kong, on the 16th day of January, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:

+---

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect Woollen Cloths in the piece in Class 34.

Dated the 25th day of January, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, (2nd Floor), Hong Kong.

(FILE No. 519 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Ilans Hupeden, ing on business as Hupeden and Company at Julius Hupeden and W. Paysen carry- 96 Raboisen, Hamburg, Germany have on the 20th day of December, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

LUCKY HORSE"

BRAND

行洋句渣

MARGARINE

in the name of Hans Hupeden, Julius Hupeden

and W. Paysen carrying on business as Hupeden

and Company, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of Substances used as food or as ingredients in food excluding Tapioca in Class 42.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of January, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 7 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that M. P. San &

N Co., having its Office at No. 293, Des

Vœux Road Central, Hong Kong and its Factory at Nos. 34 to 46, Whitfield, Causeway Bay, Hong Kong, Confectionery and Biscuits Manu- facturers, have, on the 9th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

SAN

HEP

&

E

in the name of M. P. San & Co., who claim to be the sole proprietors thereof.

The said Trade Mark has been used by M. P. San & Co., in respect of Confectionery and Biscuits, in Class 42.

Representations of the said Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 25th day of January, 1935.

PRINTED ANd PublisheD BY NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

M. P. SAN & CO., Applicants.

962

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 90.-The following Bills are published for general information :-

(C.S.O. 6070/34).

A BILL

[No. 1:-7.3.35.-3.]

Short title.

Ainendment

of Ordinance No. 8 of

1921, s. 3 (28).

New section 16A for

Ordinance

No. 8 ol

1921.

Effect of

non-com-

pliance with stamp laws in case of

certain bills of exchange.

23 & 24 Geɔ. 5, c. 19, 5. 42.

New sub- section (2A) for Ordin- ance No. 8

of 1921,

s. 21.

New section 25A for Ordinance No. 8 of 1921.

Certain

mortgages

of shares to be

chargeable

as agree- ments.

54 & 55

Vict. c. 39, s. 23.

INTITULED

An Ordinance to amend the Stamp Ordinance, 1921.

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

1. This Ordinance may be cited as the Stamp Amendment Ordinance, 1935.

2. Section 3 of the Stamp Ordinance, 1921, is amended by the insertion of the words "or debenture (being a marketable security)" after the words "any share" in the third line of paragraph (28).

3. The Stamp Ordinance, 1921, is amended by the insertion of the following section immediately after section 16 thereof :---

16A. Notwithstanding any enactment to the contrary, a bill of exchange which is presented for acceptance, or accepted, or payable, outside the Colony shall not be invalid by reason only that it is not stamped in accordance with the provisions of this Ordinance, and any such bill of exchange which is unstamped or not properly stamped may be received in evidence on payment of the proper duty and penalties as provided by sections 6 and 16 of this Ordinance.

4. Section 21 of the Stamp Ordinance, 1921, is amended by the insertion of the following sub-section immediately after sub-section (2) thereof :-

(2A) A person who is required under the provisions of this section to take out a certificate, and who fails to take out the same, shall be liable civilly to the Collector for the payment of the duty, which, but for such failure, would have been payable.

5. The Stamp Ordinance, 1921, is amended by the insertion of the following section immediately after section 25 thereof :-

25A. (1) Every instrument under hand only (not being a promissory note or bill of exchange) given upon the occasion of the deposit of any share warrant or certificate to bearer, or foreign or colonial share certificate, or any security for money transferable by delivery, by way of security for any loan, shall be deemed to be an agreement, and shall be charged with duty accordingly.

963

(2) Every instrument under hand only (not being a promissory note or bill of exchange) making redeemable or qualifying a duly stamped transfer, intended as a security, of any registered share or marketable security shall be deemed to be an agreement, and shall be charged with duty according- ly.

(3) A release or discharge of any such instrument shall not be chargeable with any ad valorem duty.

heading

6. The Schedule to the Stamp Ordinance, 1921, is New amended by the insertion of the following heading immediately No. 14 after heading No. 14A:-

for Ordin- ance No. 8 of 1921, Schedule.

14B.

Cashier Order, if passed through a bank other than the

10 Adhesive. Before

The

cents.

lodgment. person

lodging.

bank of issue.

:

7. Heading No. 15 in the Schedule to the Stamp Ordin- ance, 1921, is amended in the Second column by the substitu- tion of "Debenture: See Shares and see Mortgage" for "Debenture: See Marketable security".

Amendment

of Ordinance No. 8 of

1921,

Schedule, Heading No. 15.

of Ordinance No. 8 of

8. Heading No. 29 (4) in the Schedule to the Stamp Amendment Ordinance, 1921, is amended in the second column by the substitution of (except a share as defined in paragrapli (28) 1921, of section 3, or other marketable security)" for "(except marketable security)".

}

9. Heading No. 33 (2) in the Schedule to the Stamp Ordinance, 1921, is amended in the third column by the substitution of "10 cents." for "5 cents.".

Schedule, Heading No. 29 (4).

Amendment of Ordinance

No. 8 of 1921, Schedule, Heading No. 33 (2).

Objects and Reasons.

1. Section 2 of this Ordinance amends paragraph (28) of section 3 of the principal Ordinance by the insertion of certain words to make it clear that debentures of the marketable security class are included in the expression "share" when used in the Ordinance.

2. Section 3 of this Ordinance inserts a new section 16A in the principal Ordinance. The object of this amendment is to incorporate in the Colony the amendment made by section 42 of the Finance Act, 1933 (23 & 24 Geo. 5, c. 19) in the English law, on which the local provisions relating to bills of exchange are based. The effect of the amendment is that a bill presented for acceptance, or accepted, or payable outside the Colony is not invalid by reason only that it does not comply with the stamp laws: if unstamped, or not properly stamped, it may be received in evidence on payment of the proper duties and penalty under sections 6 and 16 of the principal Ordinance.

964

3. Section 4 of this Ordinance adds sub-section to section 21 of the principal Ordinance imposing civil liability for the duty on persons required to take out certificates to practise. It is similar to the civil liability imposed on other persons by section 5 (5) of the principal Ordinance.

4. Section 5 inserts a new section 25A in the principal Ordinance in order to incorporate the provisions of section 23 of the Stamp Act, 1891. The new section follows that section except that in sub-section (1) the word "stock" is omitted and in sub-section (2) the word "share" is substituted for "stock". These variations from the model are due to the fact that section 3 (28) of the principal Ordinance gives to "share" the definition which section 122 of the Stamp Act, 1891, gives to "stock". The effect of the amendment will be that instruments under hand (not being promissory notes or bills of exchange) given upon the deposit of shares transferable by delivery, by way of security for a loan will be charged with the stamp duty of $1 as Agreements under heading No. 3 in the Schedule to the principal Ordinance.

5. Section 6 adds a new heading No. 14B to the Schedule to the principal Ordinance imposing on Cashier orders, if passed through a bank other than the bank of issue, a stamp duty of 10 cents similar to the duty payable under heading 14A (as amended by section 5 of Ordinance No. 30 of 1930) on Compradore orders, if passed through a bank.

6. Sections 7 and 8 amend Headings Nos. 15 and 29 (4) in the Schedule to the principal Ordinance by substituting references to shares and mortgages for references to market- able securities. The effect of these amendments will be that transfers of debentures which are marketable securities will in future be charged 20 cents for every $100 under Heading No. 40 (1) instead of as hitherto 10 cents for every $100 under Heading No. 29 (4) in the Schedule to the principal Ordinance.

7. Section 9 amends Heading No. 33 (2) in the Schedule to the principal Ordinance by raising from 5 cents to 10 cents the duty on renewal receipts of Life policies.

March, 1935.

C. G. ALABASTER,

Attorney General.

(C.S.O. 4301/29).

965

[No. 34/34:-21.3.35.-6.]

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

the construction of Buildings.

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

1. This Ordinance may be cited as the Buildings Ordin- Short title. ance, 1935.

Exemptions and Savings.

and works

2. The provisions of this Ordinance with reference to Government the construction of buildings and the carrying out of worl:s buildings shall not apply in the case of buildings or works belonging exempt. to the Crown or to the Colonial Government or upon any land vested in any person on behalf of His Majesty's naval, military or air force services; but all the provisions of this Ordinance in relation to hoardings, scaffoldings, and verandahs, balconies and areas on or over or into unleased Crown land shall apply without exception to all buildings throughout the Colony.

to tenancy

3. Nothing herein contained shall vary or affect the Saving as rights or liabilities as between landlord and tenant under any contracts. contract between them.

Interpretation.

4. In this Ordinance,

Inter- pretation.

owner.

(1) "Adjoining owner" means the owner or one of the Adjoining owners, and "adjoining occupier" means the occupier or one of the occupiers, of land, buildings, storeys or rooms adjoining those of the "building owner".

(2) "Author of a nuisance" means the person by whose Author of act, default, permission, or sufferance the nuisance arises or a nuisance. continues.

(3) "Authorised architect" means any individual whose Authorised name appears in the list of authorised architects hereinafter architect. provided for.

(4) "Balcony" means any stage, platform, oriel or other Balcony. similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

+-

Basement.

Build.

Building.

Building Authority.

Building

owner.

Building works.

Cement.

Cockloft.

Cross wall.

Dangerous building.

Domestic building.

Exceptional building.

External air.

966

(5) "Basement" means any cellar, vault, or under- ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding 2 feet above the floor level.

(C) "Build" includes carry on works.

(7) "Building" includes any part of a domestic building. house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding.

(8) "Building Authority" means the Director of Public Works or such other person as the Governor in Council may appoint to give effect to the provisions of this Ordinance.

(9) "Building owner" means such one of the owners of adjoining land who is desirous of building, or such one of the owners of buildings, storeys, or rooms, separated from one another by a party wall or party structure who does or is desirous of doing a work affecting that party wall or party

structure.

(10) "Building works" includes any building construc- tion, site formation, repairs, alterations, additions and every kind of building operation whatsoever.

(11) "Cement" means Portland Cement.

(12) "Cockloft" includes any floor other than a ground floor, and any platform or landing of a greater breadth than three feet and which has not a clear space of nine feet measured vertically above it.

(13) "Cross wall" means any wall not exposed to the outer air other than a partition wall, used or constructed to be used for separation of one part of any building from another part of the same building.

(14) "Dangerous building" means a building in such a condition as to cause risk of injury either to the occupiers or users of such building or to the occupiers or users of any neighbouring building, or to passengers.

(15) "Domestic building" means any building con- structed, used, or adapted to be used, wholly or partly, for human habitation, but does not include any building where caretakers only, not exceeding two in number, pass the night.

(16) "Exceptional building" includes (i) every public building, factory, workshop, bakery, brewery, distillery, pawnshop, every building intended for special uses, every building made wholly or partly of reinforced concrete, every building made wholly or partly of glass, iron or other material not provided for in this Ordinance, and (ii) every part of every building which is an exceptional building within the meaning of the first part of this paragraph.

(17) "External air" means the air of any space which is vertically open to the sky and unobstructed and which, (when measured from and at right angles to the external

- 967

surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony), has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

wall.

(18) "External Wall" means an outer wall of any part External of any building not being a party wall, even though adjoining to a wall of another building but does include any outer wall of a verandah projecting over a street.

(19) "Factory" means any premises or place wherein Factory. or within the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

(20) "Floor" includes any horizontal platform forming Floor. the base of any storey, and every joist, board, timber, stone, brick, or other substance, connected with and forming part of such platform.

(21) "Hill-side" means the face of the natural hill, or Hill-side. the face of any scarp or retaining wall built to support the same, or any artificial filling in or terracing with earth behind such scarp or retaining wall, made with the object of support- ing a street or forming a site for a building.

(22) "Hill District" means any part of the island of Hill Hong Kong above the 700-feet contour.

District.

Point

(23) "Kowloon Point District" means that portion of Kowloon Kowloon bounded on the South by Salisbury Road, on the District. North by Jordan Road and Gascoigne Road, on the East by Chatham Road and on the West by Nathan Road.

(24) "Latrine" includes privy, pail latrine, water closet Latrine. and urinal.

(25) "Latrine accommodation" includes a receptacle Latrine for human excreta, together with the structure comprising accommoda- such receptacle and the fittings and the apparatus connected therewith.

tion.

(26) "Main wall" means either an external or a party Main wall. wall.

District.

(27) "Mid-level District" means that portion of the City Mid-level of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulam Road at No. 1 Bridge and passing along Pokfulam Road, High Street, Bonham Road and Caine Road as far as Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the Northern boundary of Inland Lots 100, 1086, 122 and 123, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Eastern boundary of War Department land, thence along the Western boundary of Inland Lots 47A, 47 and 1211 until this line produced meets Monmouth Path, thence in a straight line to

New building.

Occupier.

Owner.

Pail latrine.

Partition wall.

Party structure.

968

the North West corner of Inland Lot 2325, thence in a straight line to the North West corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the Southern boundary of the City of Victoria.

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

(28) "New building" includes any building begun after the 21st February, 1903; and any then existing building thereafter or hereafter altered to such an extent as to necessitate the reconstruction of the whole of any two of its main walls or the removal of the roof and the reconstruc- tion of at least one-half of each of any two of its main walls, whether at the same time or by instalments at different times; and any existing building raised to such an extent that its total height exceeds one and a half times the original height of the building. It also includes the conversion into a domestic building of any building not originally constructed for human habitation, and the conversion into more than one domestic building of a building originally constructed as one domestic building only and any existing building altered in such a manner as to form an additional storey, or the conversion into premises, for separate occupation by different tenants, of any building originally constructed for one tenancy.

(29) "Occupier" means any person in actual occupation of any premises.

(30) "Owner" includes any person holding premises direct from the Crown, whether under lease, licence or otherwise and also any person for the time being receiving the rent of any premises, solely or as joint tenant, or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

(31) "Pail latrine" means latrine accommodation in- cluding a receptacle for human excreta.

(32) "Partition wall" means any wall of the height of one storey only, or of a less height, used or constructed to be used for separating one part of a building from another part of the same building, and not coming under the definition of "cross wall", "external wall", "main wall" or "party wall".

(33) "Party structure" means a party wall, and also a partition, floor or other structure separating, vertically or horizontally, buildings, storeys or rooms which belong to different owners.

?

969

(34) "Party wall" means a wall forming part of a Party wall. building and used or constructed to be used in any part of the height or length of such wall for the separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons

(35) "Person" includes a body corporate, a partnership person. and an association of persons unincorporated.

(36) "Premises" includes any land, building, or structure Premises. of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or inclosed, cesspool or foreshore also any vessel lying within the waters of the Colony.

(37) "Public Building" includes any building not in Public occupation of the Naval, Military or Air Force Departments, building. used for public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital, or for any other public purpose whatsoever.

(38) "Room" includes any sub-division of any storey Room. of any domestic building other than :--

(a) a cubicle:

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes.

(39) "Storey" means the space between the upper Storey. surface of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

(40) "Street" includes the whole or any part of any Street. square, court or alley, highway, lane, road, road-bridge, footpath, or passage whether a thoroughfare or not.

C

(41) Tenant" means any person who holds direct from Tenant. any householder the whole or any part of any floor or floors of any building.

(42) "Tenement-house"

       means any domestic building Tenement- constructed, used, or adapted to be used for human habitation house. by more than one tenant.

(43) "Verandah" means any stage, platform, or portico Verandah. projecting from a main wall of any building and supported by piers or columns.

-

970

Wall.

Water closet.

Window.

Works.

List of authorised architects.

Consent of Building Authority required in connection with all new works.

Schedule A.

(44) "Wall"

  includes cross wall, external wall, main wall, partition wall party wall, and every other kind of wall whether supporting any structure or not.

(45) "Water closet" means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

(46) "Window" means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable, when opened, of also admitting air.

(47) "Works" includes the partial or total constructing, reconstructing, pulling down, opening, cutting into, adding to, and altering any building. retaining wall, chimney-stack, flue, ground, road, well, drain, sewer, and any other building operation whatsoever.

Authorised Architects.

5.-(1) The Clerk of Councils shall publish annually by notification in the Gazette a list of all such architects, engineers and other persons as the Governor in Council may deem qualified to perform the duties required by this Ordinance to be performed by an authorised architect. Such list shall include the names of the Director of Public Works and of such other officers of the Public Works Depart- ment as the Governor in Council may think fit. The Clerk of Councils shall from time to time similarly publish the names of persons added to or removed from the last published annual list by Order of the Governor in Council. The last published list as so amended shall be deemed the current authorised list.

(2) The Governor in Council shall not order the insertion of the name of any person in any such list unless he deems him in all respects fit and suitable to be authorised.

(3) The Governor in Council may by order remove the name of any authorised architect who has ceased to practice. in the Colony, he may also, on any ground which he may deem sufficient, remove the name of any person he may consider unfit or unsuitable to continue to be authorised; but in such last mentioned case notice shall be given, if practic- able, to the person whose name it is proposed to remove and he shall be entitled to be heard by the Governor in Council, either in person or by counsel, before such removal is made.

Plans, Drawings and Notices.

6.-(1) It shall not be lawful to commence any building works without the consent of the Building Authority and the following procedure shall be adopted :-

(a) Notice in writing in or according to the form contained in Schedule A of the intention to commence any building works shall be given to the Building Authority by leaving the same at his office. Every such notice shall clearly state the locality of the intended building works and the number and section or sub-section of the lot on which it is

14

971

intended to build and shall state any special or material particulars in connection with the same which it is not possible to denote on the plans. Such notice shall also state the name and address of the owner and occupier of the building or lot and shall be signed by such owner or occupier or by the duly authorised agent of such owner or occupier.

submitted.

(b) Proper plans of such building works signed by an' Plans to be authorised architect showing the position, form, description and dimensions of all portions thereof shall be submitted to the Building Authority with the aforesaid notice for his approval. If repairs, alterations or additions are intended to be made to any existing building they shall be clearly differ- entiated on the plan from the existing work intended to be left intact or utilised in carrying out such repairs, alterations or additions; and if the Building Authority shall consider it necessary so to do he may require further plans to be sub- mitted of other portions of the existing building and of any adjoining buildings. Unless dispensed with by the Building Authority the details of any drainage to be constructed shall be shown on the plan. Every plan shall be drawn on tracing linen or other material approved by the Building Authority, to a scale of not less than one-tenth of an inch to the foot, and shall contain enlarged details with figured dimensions of the principal features of construction and shall also show the position and levels of the surrounding ground and buildings. In cases where several alterations are made in the original design during the carrying on of work involving the submission of amended plans, the Building Authority may require the submission of a complete set of new plans shewing the building as completed. In the case of minor alterations or repairs the Building Authority may dispense with the submission of plans by an authorised architect.

(c) A block plan showing clearly the situation of the Block plan. premises and the neighbouring streets and buildings drawn to a scale of not less than one inch to fifty feet shall be submitted with such plans and if the Building Authority considers it necessary that any levels or development streets be shewn in such block plan he shall be entitled to require the same so to be shewn.

(d) In the case of a building to be constructed wholly Exceptional

                              Buildings. or partly of reinforced concrete or steel such plans shall be accompanied by proper and complete calculations relevant to such reinforced concrete or steel to the satisfaction of the Building Authority and by a certificate signed by an authorised architect in the form in Schedule B.

Schedule B.

of authorised

before

(e) In the case of repairs, alterations or additions to any Certificate existing building such plans shall be accompanied by a architect certificate from an authorised architect stating that he has required. inspected such building and that in his opinion it is capable repairs &c. of bearing the weight and stresses of the repairs, alterations to existing or additions proposed to be made in accordance with the said building. plan and also of any additional weight or stresses which in consequence of such repairs, alterations or additions may be imposed upon it. Such certificate shall be in the form contained in Schedule C.

(f) The Building Authority may also require any other information concerning the proposed building and the uses to which it may be put that he may deem necessary

Schedule C.

1

Building Authority to notify if plans

are not

regular.

Amendment of plans.

Notice of

commence- ment or resumption of works.

Schedule A.

Copies of plans to be kept on building works.

No obliga-

tion on

972

(g) The Building Authority shall within twenty eight days of the submission of the said plans notify the person submitting the same or his authorised architect or other representative if they are not in accordance with the require- ments of this Ordinance. If the Building Authority does not within such period so notify, the building shown on such plans may be commenced in the same manner as if the approval of the Building Authority had been received. Provided that in the event of such plans having been withdrawn for alteration during such period of twenty eight days by the person submitting the same or his architect or other repre- sentative the said period shall be calculated from the date of their final submission.

(h) If the Building Authority shall within such period of twenty eight days notify the person submitting the plans or his authorised architect or other representative of any matter in respect of which they are not in accordance with the requirements of this Ordinance then, if they are amended as required, the Building Authority shall approve within a period of fourteen days from the time the amended plans are sub- mitted to him and if he shall not signify his approval within such period the building may be commenced in the same manner as if the approval of the Building Authority had been received.

(i) It shall not be lawful to resume any building works if work has been suspended for a period exceeding three months nor to commence any building works which have not been commenced within three months of the date of the approval of the plans, without obtaining the consent of the Building Authority. Seven days notice in writing of the intention to resume or commence such building in or according to the form contained in Schedule A shall be given to the Building Authority who, before giving his consent may require amended plans to be submitted to him for approval if he considers it necessary for the purpose of complying with the provisions of this Ordinance.

(1) All plans, certificates and notices submitted to the Building Authority shall be filed in his office.

(2) A copy of every plan approved by the Building Authority shall be supplied by the authorised architect in charge of any building works to the contractor engaged on such work and it shall be the duty of such contractor to keep every such plans available on such works for inspection by the Building Authority or any officer deputed by him: Provided that nothing contained in this Ordinance shall be Government construed to render it obligatory upon the Building Authority or any Government officer to inspect any building works or existing building for the purpose of verifying the accuracy of any plans, certificates or notices submitted to or approved by the Building Authority nor for the purpose of verifying that the provisions of this Ordinance have been complied with in respect of any such plans, certificates or notices.

to inspect building works, etc.

In case of

emergency

notice may be given

after com- mencement

of work.

(3) In case any accident or emergency shall render it necessary to shore up, underpin, demolish or otherwise make safe any existing building immediately it shall be lawful so to do without first obtaining the consent of the Building Authority provided notice in writing of any such work and of the accident or emergency which necessitated such work shall be given to the Building Authority by the owner or his duly authorised agent within two days thereafter. Failure on the part of an

973

owner or agent to give such notice within such time as aforesaid shall render such owner or agent liable upon summary conviction to

conviction to a fine not exceeding five hundred

dollars.

If on inspection the Building Authority or an officer deputed by him considers that the building has been made safe he may order all work to be stopped until such time as proper plans have been submitted to and approved by the Building Authority and any owner, agent, architect, engineer or contractor who fails to observe such order shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

architect

(4) On the completion of any repairs, alterations or Certificate additions to any existing building the authorised architect who of authorised supervised such repairs, alterations or additions shall furnish required on his certificate to the Building Authority stating that the same completion have been completed in accordance with the approved plans. &c. to Such certificate shall be in the form contained in Schedule D. existing

building.

of repairs

Failure to furnish the Building Authority with such certificate Schedule D. within one week after the date of completion of work shown on the approved plan shall render the authorised architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

by authorised

(5) Adequate supervision in and throughout the carrying Adequate on of works shown on any plans approved by the Building supervision Authority shall be exercised by the authorised architect who architects. has signed such plans: Provided that if at any time prior to the completion of such works the supervision thereof be transferred or changed to another authorised architect the latter shall exercise adequate supervision of such work and shall also if required by the Building Authority furnish fresh plans for his approval.

Notice in writing of any such transfer or change of supervision shall be given to the Building Authority immediate- ly after the date of such transfer or change by both the authorised architect whose duty it was to supervise the work up to date of such transfer or change and also by the authorised architect to whom the supervision has been transferred or changed. Failure on the part of an authorised architect to furnish such notice to the Building Authority within two days after the date of such transfer or change shall render such architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

exercise

Failure on the part of an authorised architect to exercise Penalty for adequate supervision in and throughout the carrying on of failure to any work which it is his duty to supervise shall render him adequate liable upon summary conviction to a fine not exceeding two supervision. thousand dollars.

in plans.

(6) (a) Every misrepresentation of a material fact in any Misrepre- plan, certificate or notice submitted or furnished to the sentation Building Authority shall be deemed a contravention of this certificates Ordinance and the person who has signed any such plan.. or notices. certificate or notice shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

Divergence

or deviation from approved plans.

Power of magistrate to require compliance

with Ordin

ance.

Chinese domestic buildings within Mid-level,

Hill, or Kowloon Foint Districts

prohibited.

Building Authority to inspect any such

building on complaint.

Restriction

974

(b) Every material divergence or deviation from the work shown in any plan approved by the Building Authority, unless such divergence or deviation has received the written approval of the Bunding Authority shall be deemed a contravention of this Ordinance. In respect of any such divergence or devia- tion which is not so approved, every owner, agent, architect, engineer or clerk of works who condones such divergence or deviation and every contractor employed in the building who carried out such divergence or deviation shall upon summary conviction be liable to a fine not exceeding two thousand dollars in respect of every such divergence or deviation. Every material divergence or deviation from the work shown in such plan shall be reported in writing to the Building Authority within seven days from the date on which such divergence or deviation occurred, by the authorised architect whose duty it is to supervise such work. Failure on the part of such authorised architect to furnish such report to the Building Authority within the above-mentioned period shall render such authorised architect liable upon summary conviction to a fine not exceeding two thousand dollars and such failure shall be deemed prima facie evidence of condona- tion by such authorised architect of such divergence or deviation.

(7) In the case of any contravention of this Ordinance under sub-section (6), a Magistrate shall also have power to order the building works or any portion thereof to be forthwith altered or demolished so as to comply with the requirements of this Ordinance and to the satisfaction of the Building Authority.

Design of buildings.

7. It shall not be lawful to erect any Chinese domestic. building (unless specially sanctioned by the Director of Public Works who shall be the sole judge as to what constitutes a Chinese domestic building) other than quarters for occupation by servants, within the Mid-level District, the Hill District or Kowloon Point District and no non-Chinese domestic build- ing shall be divided with the object of providing for its occupa- tion by more than one person to every one thousand cubic feet of clear internal space.

8. Upon the complaint of any person (whether such per- son be aggrieved or not) that a Chinese domestic building has been built within the Mid-level District, the Hill District, or Kowloon Point District or that any domestic building in either of such districts is sub-divided, in contravention of the pro- visions of this Ordinance, the Building Authority or any officer deputed by him for the purpose, shall inspect such building, and any person in any way obstructing such inspection shall be deemed to be acting in contravention of this Ordinance.

    9. Nothing in sections 7 and 8 shall be held to prevent not to apply to the the owners of Chinese domestic buildings now existing within residences of the Mid-level District or the Hill District, or Kowloon Point

Chinese in

the Mid-

level, Hill

or Kowloon Point

District.

District from repairing such buildings in accordance with their present structure, nor shall anything in this Ordinance be held to preclude any Chinese or other person from owning or occupying or residing in any lawful domestic building in the Mid-level District, the Hill District or Kowloon Point District; nor shall the said sections apply to any land in the occupation of the Naval, Military or Air-force Departments, but they shall

.

975

apply to any land now in the occupation of the Naval, Military or Air-force Departments whenever such land ceases to be in such occupation.

Government

buildings

10. Nothing contained in this Ordinance shall be held to Existing affect the right, which has hitherto been exercised by the ghts of the Government, of forbidding the erection in any part of the to regulate Colony (whether in the Mid-level District or the Hill District type of or Kowloon Point District or elsewhere) of buildings of a to be different character from those previously existing on the same preserved. site. The Building Authority shall have the power to refuse his approval of the plans of any building which differs in design or character from those in the immediate neighbourhood.

Hoardings and scaffoldings.

erected

scaffold-

ing, etc.

11. Every person who is about to erect or take down any Hoard- building shall, before commencing to erect or take down such ings and

                              safety plat- building, cause to be put up and maintained such hoarding forms, and platforms as may be necessary for the safety and con- venience of passengers and the occupiers of adjoining property; but no pathway or thoroughfare shall, during building opera- tions or otherwise be occupied by a hoarding, platform or scaffolding or any building material whatever except by per- mission of the Building Authority or an officer deputed by him in that behalf, who may grant permission on a written applica-

tion.

The pavement, side channel and surfacing of any thoroughfare shall not be broken up, or into, by the excava- tion of holes for the purpose of securing any hoarding or scaffolding poles and the side channels shall be in no way obstructed by such hoarding or scaffolding poles or by any building debris or building material.

Building materials.

per

12. Except as hereinafter provided, the walls of all manent buildings shall be constructed exclusively of good hard well burnt brick, sound stone, or other hard and incombustible material approved by the Building Authority.

Authorised building materials.

13. Subject to the provisions of any regulations made Exceptional under section 14, the design, construction and situation of buildings. every exceptional building shall be subject to the special approval of the Building Authority

14. It shall be lawful for the Governor in Council to Fower to make regulations governing the design, construction and sit- make regula- uation of exceptional buildings or any class of exceptional to exception- building. The regulations in Schedule B shall be deemed to have been made under this section.

al buildings. Schedule B.

districts

Victoria or

15. Notwithstanding anything herein to the contrary Buildings provided, where any building is outside the boundaries of the indiste te City of Victoria or Kowloon such building if separated by a City of distance of not less than one hundred and fifty feet from any Kowloon. other building, may have walls, verandahs and balconies con- structed wholly or partly of wood, and such building shall be deemed to be an exceptional building and shall be subject to the approval of the Building Authority in each particular case.

Walls.

16. Every wall shall be constructed of brick, stone or Construc- other hard incombustible substance, solid across its entire tion of walls thickness and shall be properly bonded and substantially put

regulated.

Thickness

of external and party walls.

976

together with good cement or lime mortar to the satisfaction of the Building Authority. Except where specially permitted in this Ordinance, no part of such wall shall be thicker than any part underneath it, and all cross walls and return walls. shall be properly bonded into main walls. Sound blue bricks may be used in the walls of the uppermost storey only of a building, or, where such storey exceeds fifteen feet in height, in the uppermost fifteen feet of the walls of such storey; but blue bricks may not, without the approval of the Building Authority, be used in the walls of the other storey or storeys.

17.-(1) Every person who erects a new building shall construct every external and every party wall of such building not exceeding thirty-five feet in length, clear of cross walls, in accordance with the following rules, and in every case the thickness prescribed shall be the minimum thickness of which such wall may be constructed:

(a) Where the wall does not exceed 12 feet in height, it shall be 9 inches thick for its whole height.

(b) Where the wall exceeds 12 feet but does not exceed 25 feet in height, it shall be 13 inches thick for its whole height.

(c) Where the wall exceeds 25 feet but does not exceed 40 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 18 inches thick, and in the other storey or storeys 13 inches thick.

(d) Where the wall exceeds 40 feet but does not exceed 55 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 131⁄2 inches thick.

(e) Where the wall exceeds 55 feet but does not exceed 70 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 131⁄2 inches thick.

(f) Where the wall exceeds 70 feet but does not exceed 80 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 31 inches thick, the wall in the next storey 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

Provided that---

(i) in cases where the number of storeys is less than that indicated in the foregoing rules or where the walls are con- structed in good cement mortar, the respective thicknesses of the walls shall be determined by the Building Authority;

(i) in the case of two-storied buildings and of the upper- most two storeys of buildings containing a greater number of storeys, the walls may be 13 inches thick throughout the height of such two storeys, provided such height does not exceed 25 feet;

(ii) no storey shall exceed in height 16 feet without the permission of the Building Authority, who shall in such case prescribe to what extent, if any, the walls shall be increased in thickness. Such increase of thickness may be provided for by piers of the required thickness and of such collective length, not exceeding one.fourth part of the length of the walls, as the Building Authority may require.

1

1

· 977

(2) If any wall exceeds 35 feet but does not exceed 60 feet in length clear of cross walls, the thickness of such wall shall, unless the Building Authority otherwise permits, be in- creased by adding 4 inches to the thickness specified in sub- section (1).

18. The provisions of section 17 shall also apply, in the Sec. 17 to

apply to case of existing buildings, to any walls or portions of walls walls here- hereafter erected or re-erected therein: Provided that in

Provided that in any after erected case where from any cause it is not practicable or desirable to apply such provisions, the thicknesses shall be determined by the Building Authority.

or re-erected.

of length

19.-(1) No wall, other than a boundary wall, shall Limitation exceed sixty feet in length, clear of any return or cross wall, of walls. without the approval of the Building Authority.

Cross

A wall shall not be deemed a cross wall for the

purpose walls. of determining the length of any external or party wall unless it is carried up to the top of the topmost storey, and unless in each storey the aggregate extent of the vertical faces or eleva- tions of all the recesses and that of all the openings therein taken together shall not exceed one-half of the whole extent of the vertical face or elevation of the wall in such storey.

over 80 feet

approved by

Measurement

(2) No wall shall exceed eighty feet in height without the Walls approval of the Building Authority. The height of every wall in height shall be measured from the level of the adjacent foot-path, or, to be where no foot-path exists, from the level of the street or Building ground outside to the highest part of such wall or, in the case Authority. of a gable, to half the height of such gable, but shall in no case of height include any portion of a wall which acts as a retaining wall. of walls. Ornamental towers, turrets, or other architectural features or decorations, not exceeding nine feet in height and parapets not exceeding three feet in height shall not be included in measur- ing the height of such wall.

external

than 35 feet

(3) Any external wall of a building exceeding thirty-five Tie-rods feet in length, clear of cross walls, shall be secured at the level required for of each upper floor, and at the ceiling or roof, with wrought- walls more iron tie-rods not less than one and a quarter inches in diameter, in length. spaced not more than twelve feet apart and extending through such external wall and the nearest parallel wall of such build- ing. The tie-rods shall have screwed ends with nuts bearing upon wrought-iron washer plates not less than eighteen inches square by half an inch in thickness, or cast-iron washer plates to be approved by the Building Authority, and the brickwork of each wall for its full thickness and for an area of two feet square round the end of each tie-rod shall be built in cement-

mortar :

Provided that the Building Authority may modify or dis- pense with the requirements of this sub-section whenever he inay consider such requirements unnecessary.

walls to be

main walls.

20. The thickness of every cross wall shall be at least Thickness two-thirds of the thickness prescribed by section 17 in that of cross behalf for an external wall or party wall of the same height two-thirds and length and belonging to the same class of building as that that of to which such cross wall belongs, unless, in any particular case, the Building Authority shall specially authorise a less thickness. But if such cross wall supports a superincumbent external wall the whole of such cross wall shall be of the thickness prescribed for an external wall or party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs.

Thickness of partition walls.

Damp-proof courses to be provided.

Construction of founda- tions.

Retaining walls.

978

21. Partition walls not exceeding twelve feet in height and the external walls of latrines, bathrooms and stair hoods not exceeding eight feet in height may be constructed of brick in cement-mortar of a thickness of four and a half inches, or of reinforced concrete or of such other material and of such thickness as the Building Authority may permit.

22. Every wall of every new building shall have a damp- proof course composed of materials impervious to moisture to be approved by the Building Authority extending throughout its whole thickness and at such level as the Building Authority may require.

Every external or enclosure wall which abuts against the earth shall be protected by a vertical damp-proof course set in a position satisfactory to the Building Authority.

23. The foundation of every wall of a building shall be of footings of sound stone, brick, concrete, or other equally hard substance, carried down to a depth of not less than twice the thickness of the wall in the lowest storey of the said building; and the lowest course of every such foundation shall be of a width of not less than twice the thickness of the wall in the said lowest storey, and the width of such foundation shall diminish gradually towards the upper surface thereof in regular steps or offsets: Provided that on rock or hard ground of an incompressible nature, or in sandy, unstable or soft ground, the Building Authority may permit or require the foundations of all works and buildings to be of such special depth and width and of such materials as shall be approved by him as being in each particular case applicable to such ground.

24. Retaining walls shall be constructed of masonry, brickwork or cement concrete. Such walls when constructed of masonry or brickwork shall be properly bonded and built solid throughout in cement mortar or when built in masonry may be laid dry.

Every retaining wall shall be provided with one or more adequate foundation courses of cement concrete laid at right angles to the face of the wall on solid ground or piling and each course shall not be less than 12 inches in depth and shall project at least 6 inches beyond the face of such wall and shall extend the full thickness of such wall. All masonry and brick walls exceeding 12 feet in height shall be provided with lacing or bond courses of good cement concrete at least one foot in depth extending throughout the full thickness of the wall. The lacing courses shall be thoroughly keyed into the wall on their upper and lower beds. The distance between the top of the foundation courses and first of such lacing courses and the distance between any two adjacent lacing courses shall not exceed 6 feet measured vertically. In the case of a masonry wall the stones shall be roughly squared and have flat beds, and bond or header stones at least 2 feet 6 inches in length must be inserted in alternate courses and laid to break joint and there shall not be less than one such bond or header stone to every square yard of surface area of the wall. At the back of every retaining wall (except when such is con- structed in dry masonry) there shall be formed a layer of hand-packed broken brick or granite of a thickness of at least 12 inches and every such wall shall also be provided with weepholes of not less than 3 inches internal diameter and at least one such weephole shall be provided to every four super- ficial yards of the face of the wall.

979

Every retaining wall shall be provided with a proper cop- ing of cement concrete or other impervious material approved by the Building Authority and adequate channels shall be formed at the top and toe of every such wall to intercept and carry off stormwater.

The design of every retaining wall, breast wall, dam or similar structure shall be subject to the approval of the Building Authority to whom a stress diagram of the wall must be sub- mitted.

of boundary

25. No person shall construct or reconstruct any bound- Construction ary wall or enclosure wall fronting any public road or or enclosure thoroughfare unless it is solid throughout its entire thickness walls. and built of brick or stone properly bedded and bonded together, surmounted by a coping of dressed stone or properly moulded bricks set in cement mortar or constructed of such other materials as may be approved by the Building Authority.

to be carried up above

26. Every party wall shall unless exempted by the Build- Party walls ing Authority be carried up above the upper surface of the roof of every building to a height of at least eighteen inches, roof. measured at right angles to the slope of the roof, and every such party wall and every parapet wall shall be properly coped with a coping composed of cement and sand in the proportion of not less than one part of cement to every two parts of sand, or of such other material as the Building Authority may approve, or shall be otherwise protected in order to prevent water soaking into such wall.

27.-(1) Openings may only be made in party walls to Openings

through an extent not exceeding one half of their area on each storey party or unless in the opinion of the Building Authority a greater area external may be allowed.

(2) When it is desired to close any openings previously made through any party wall, such openings shall be solidly stopped up with brick or stone-work of the full thickness of the party wall, and such brick or stone-work shall be built in lime-mortar or cement-mortar and properly bonded with such party wall. Any future openings through any such party wall shall be restricted to the removal, in whole or in part, of such stoppings, unless the previous openings did not extend to one half of the area of such wall, and additional openings shall only be made in such manner as to ensure that the total extent of the openings, inclusive of those previously made, shall not ex- ceed one half of the area of such wall on each storey.

walls.

(3) Recesses may be made in party walls and in external Recesses. walls: Provided that the aggregate area of such recesses does not exceed one-half the whole area of the wall of the storey in which they are made, and that the backs of such recesses are of not less thickness than thirteen inches in party walls, and nine inches in external walls.

4) In the case of a shop front left open to the street, the Returns to side walls or party walls shall be returned along such front for shop fronts. at least twelve inches where the house has more, and for at least nine inches where the house has not more, than one storey above the ground storey, and such return walls shall be properly bonded into the side walls or party walls in cement. mortar. Where such shop front is in a corner building, the side wall shall be returned along such front for at least two feet.

י

Openings

and recesses

to be arched

or spanned.

Lath and

plaster walls prohibited.

Bonding of

walls of domestic buildings.

980

(5) Every opening and every recess in any wall shall either be arched over with brick or stone-work in cement- mortar or spanned by a steel girder or ferro-concrete beam of such dimensions and construction as the Building Authority may consider necessary for the support of the superincumbent weight.

28. No lath and plaster wall, or other hollow wall, shall be hereafter constructed in any building except with the per- mission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Bonding for the walls of domestic buildings.

29. Every building hereafter erected shall have courses. of hoop-iron, tarred and sanded, or other suitable bonding, built into the main walls at the level of the foundations, if required by the Building Authority, and at the level of each floor and at the level of the eaves. Each such course shall consist of not less than three bands in the case of foundations and of all walls of a thickness of not less than eighteen inches, and of not less than two bands in the case of all walls of a less thickness than eighteen inches; each hoop-iron band shall measure not less than one inch and a quarter in width, and not less than one-thirty-second of an inch in thickness, and such bands shall be continuous and lap-jointed wherever prac- ticable. In any case in which continuous bands are not prac- ticable they shall be arranged as the Building Authority may require.

Bearings of bressummers and lintels.

Impermeable

floors to

[cf. s. 167.]

Bressummers and lintels.

30. Every joist, bressummer and lintel shall be of sufficient strength and rest upon a template of cement concrete or stone laid in cement mortar and shall have a bearing of not less than the depth of the member.

Concreting of ground surfaces.

31.-(1) The ground surface of the lowermost storey or be provided. where there is a space below such storey then the ground sur- face of such space, of every building and the floor of every kitchen, bathroom, latrine, and water closet and the ground surface of every area, backyard, court-yard, alley-way or space on which slops may be thrown or from which foul waters flow, shall be properly covered over with a layer of good lime concrete not less than four inches thick finished off smooth with not less than two inches of cement concrete or hard glazed bricks or granite paving or glazed tiles bedded and jointed in cement mortar or with not less than four inches of cement concrete or with such other material as may be ap- proved by the Building Authority. For the purposes of this section the cement concrete shall be composed of one part of cement, two parts of sand and four parts of stone broken to pass a one inch ring for interior surfaces and one part of cement, three parts of sand and five parts of stone broken to pass a one inch ring for exterior surfaces.

(2) The ground surface of every area, kitchen, latrine, water closet, backyard, court-yard, alley-way or space on which slops may be thrown, shall have a fall of not less than 1 in 40 from the walls of the building towards the surface channel or other outlet for the drainage of such surface.

· ཱ -

- 981

(3) This section shall not apply to any existing domestic building, the ground surface of which has been paved to the satisfaction of the Building Authority in accordance with any existing law or by-law and which is so maintained.

material

32. Where the ground surface of any building or the Repairs to floor of any kitchen, bathroom, latrine, or water closet, or impermeable the ground surface of any area, backyard, court-yard, alley- over ground way or space on which slops may be thrown or from which surface. foul waters flow, is or has been paved or covered over with [eƒ. s. 167.] impervious material, and such material has been subsequently broken, excavated or otherwise disturbed, or has perished, the landlord or owner shall make good the same to the satisfaction of the Building Authority upon the completion of any work for the execution of which the same has been broken or other- wise disturbed or within fourteen days from the receipt by him of written notice from the Building Authority so to do; and in default thereof he shall be liable to a fine not exceeding twenty-five dollars for each offence, and to a further fine not exceeding ten dollars for each day after such conviction during which such offence continues.

Floors.

floor to be above level outside. of ground

33. The level of the ground floor of every domestic build- Level of ing hereafter erected shall be not less than six inches higher

                               the ground than the highest level of the ground outside such building: Provided that the Building Authority may reduce this require ment in any case where in his discretion it may appear de- sirable.

timbers of

34. No floor timbers of any one building shall approach Distance nearer than nine inches towards the floor timbers of any other between floor contiguous building, and the space intervening between the contiguous ends of such timbers shall be properly and substantially built buildings. up solid with whole bricks or with stone laid in mortar.

rest on

stone-work..

35. The floors of all buildings including verandahs shall Floors to not (unless constructed of concrete or other incombustible corbels of material) be built into the thickness of any wall, but shall brick or either rest upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the floor. When any opening in a timber floor is to be filled in, every joist over such opening shall be formed in one length to span from wall to wall unless otherwise approved by the Building Authority.

under board-

36. Every person who shall erect a new domestic build- Ventilation ing shall construct every room in the lowest storey, if provided ed floors with a boarded floor, in such manner that there shall be, for in the lowest the purpose of ventilation, between the underside of every storey. joist on which such floor may be laid and the upper surface of the concrete with which the ground surface or site of such building may be covered, a clear space of an average height of not less than two feet and six inches above the level of the ground outside, and he shall cause such space to be properly ventilated, any openings for such purpose being protected in such manner as effectually to exclude rats from such premises.

floors to

37. All wooden floors hereafter constructed shall be Wooden properly tongued and grooved or otherwise jointed so as to be reasonably water-tight.

be water- tight.

Cement

skirtings required.

982

38. The floors of all domestic buildings hereafter erected shall, unless specially exempted by the Building Authority, have skirtings of cement or of other impervious material approved by the Building Authority, at least nine inches in height and of a thickness of not less than one inch.

Space to be left between floors.

Height of storeys in certain buildings.

Certain spaces not to be used

for habita- tion.

Height of Storeys.

39.-(1) In the case of every domestic building hereafter erected, the lowest storey used or adapted to be used for human habitation shall contain a clear space of at least eleven feet, measured vertically, and every upper storey shall contain a clear space of at least ten feet measured vertically: Provided nevertheless that in the case of any caretakers' quarters, servants' quarters, kitchen and pantry a clear space of at least nine feet measured vertically, and in the case of any bathroom, latrine and water closet, a clear space of at least eight feet measured vertically shall be sufficient.

40.-(1) In this section-

"Semi-detached" has the same meaning as in section 82.

(2) This section shall apply only to domestic buildings erected after the 24th day of June, 1920.

(3) In detached and semi-detached buildings, and in any building exempted by the Building Authority every storey shall, subject to sub-sections (4) and (5), contain a clear space of at least nine feet six inches measured vertically.

(4) Caretakers' quarters, servants' quarters, kitchens and pantries may be constructed so as to contain a clear space of only nine feet measured vertically.

(5) Bathrooms and latrines may be constructed so as to contain a clear space of only eight feet measured vertically.

41. No building or part of a building which has a clear space of less than nine feet measured vertically shall be used for human habitation.

Rules as to cocklofts.

Cocklofts.

42.-(1) No cockloft shall be hereafter erected in any storey or room which is used for sleeping purposes nor shall a cockloft be erected in any storey of a domestic building other than the ground storey of such building.

(2) No cockloft shall without the permission of the Building Authority extend over more than one half of the floor area of the room or exceed two hundred square feet in area and every cockloft shall have a clear space below every part of it of not less than nine feet measured vertically.

(3) No cockloft shall so obstruct any doorway or window opening into the external air as to prevent the same being opened to its full extent nor shall any cockloft or stair leading to the cockloft be erected nearer than four feet to such doorway or window unless with the permission of the Building Authority.

983

(4) No cockloft shall, without the permission of the Building Authority, be hereafter erected in any domestic building which exceeds forty feet in depth.

(5) No portion of the space either above or below any cockloft shall be inclosed except by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two-thirds open, and as far as practicable evenly distributed.

(6) No cockloft shall be erected or if already existing be allowed to remain, in any kitchen.

(7) No cockloft shall be used for any purpose other than storage.

(8) Every cockloft shall, unless the Building Authority shall otherwise permit, be supported directly from the ground by pillars or columns to the satisfaction of the Building Authority in such manner that no additional load is placed upon any wall of the building in which such cockloft is situated, provided that any existing cockloft, for which a permit in writing has been issued by the Sanitary Board or Building Authority, shall be allowed to remain, subject to the conditions of such permit.

Staircases.

43. Every building hereafter erected, which exceeds Rules as one storey in height shall be provided with a staircase in to construc- accordance with the following provisions:-

(1) Every main staircase hereafter erected shall be so arranged as to have a tread of not less than nine inches from the face of one riser to the face of the next and no riser shall be of a greater height than seven inches.

(2) Every staircase hereafter erected shall, unless exempted by the Building Authority, be inclosed by walls of fire resisting material and shall not be constructed with a soffit so as to form any enclosed space between the treads, the risers and such soffit, unless otherwise approved by the Building Authority.

(3) At every storey on every staircase hereafter erected adequate light and ventilation shall be provided to the satis faction of the Building Authority.

(4) Every building hereafter provided with stairs shall have a staircase giving direct access to a street or lane, or to an open space leading thereto, to the satisfaction of the Building Authority, and in the case of a building of more than two storeys in height, or in which any floor is more than twenty three feet above the level of the street, such staircase shall be continued to give egress on to the roof of the top storey or there shall be provided to the satisfaction of the Building Authority an additional staircase from the floor of the second floor storey giving egress on to the roof of the top storey or some other satisfactory means of escape in the case of fire.

(5) Every main staircase, including the treads, risers, strings and other supports, and all landings, enclosure walls, lobbies and passages from one flight to another, hereafter

tion of staircases.

Lifts, etc.

Fire

escapes for storeys exceeding

35 feet

above street level.

984

erected in any building which is constructed or adapted or converted to be used either wholly or in part as a public building, a tenement house for separate families or for offices, shall be of fire resisting materials to the approval of the Building Authority. All doors and window openings or glazed partitions communicating with any such staircase shall be adequately protected by fire resisting doors of solid teak not less than two inches thick or by wired glazing or by some other method equally satisfactory to the Building Authority.

(6) Every main staircase hereafter erected shall be provided with a handrail properly fixed on at least one side of every flight and no flight, landing, lobby or passage from one flight to another shall be of less width than three feet unless otherwise approved by the Building Authority.

(7) Every staircase and all landings, lobbies and passages from one flight to another shall at all times be kept open and free from any obstruction whatsoever.

Lifts and lift shafts.

44.--(1) Every lift or hoist shaft hereafter erected shall be inclosed by walls of fire resisting materials at least three inches thick and shall be ventilated from the highest point direct to the outer air, to the satisfaction of the Building Authority.

(2) The door to every lift or hoist shaft hereafter erected shall be of fire resisting material and when such lift or hoist is used for the conveyance of passengers the door shall be so arranged that it can only be opened when the lift cage is at rest opposite the doorway and that the lift cage cannot be moved unless the door to the lift shaft is properly closed.

(3) Every lift and hoist and any mechanism connected therewith shall be constructed and arranged in such manner and position as the Building Authority may approve.

4) Every lift and hoist and any mechanism connected therewith shall be kept by the owner of the building in which such lift or hoist is installed in good order and repair and efficient working order.

Fire escapes.

45. Every existing building and every building here- after erected which has a storey the floor of which is more than thirty-five feet above the level of the street or ground surface adjoining the front of such building shall be provided on every storey with such means of escape in the case of fire, for the persons using, dwelling or employed therein, as the Building Authority may require.

Any means of escape so provided shall be kept and maintained by the owner of the building in good condition and repair and efficient working order and no person shall obstruct or render less commodious or suffer to be rendered less commodious any such means of escape.

985

Ceilings.

46. No ceiling shall hereafter be erected in any building Ceilings

                               prohibited. except with the permission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Corbelling.

stone or

47. All corbelling for the support of floor or of roof Corbels timbers shall be done in stone cut to flat beds, or in red to be of brick, at least nine inches in length, set in cement-mortar. brick. The entire thickness of the walls throughout the height of such corbelling shall also be built in cement-mortar. No one corbelling course if of brick shall project beyond the course immediately beneath it more than two and a quarter inches.

Roofs.

of incom-

material.

48. The roof of every building and of any minor Covering of superstructure placed above such roof except the doors, and roof to be frames of dormers or sky-lights, shall be externally covered bustible with tiles, glass, metal, or other incombustible substance. All hatchways leading out to the roofs of buildings shall be provided with hatches or covers which, if not composed entirely of metal, shall be properly sheathed externally in sheet-zine or other metal approved by the Building Authority.

between

49. No roof timbers of any one building shall approach Space nearer than nine inches towards the roof timbers of any timbers of other contiguous building, and the space intervening contiguous between the ends of such timbers shall be properly and substantially built up solid with whole bricks or with stone laid in mortar.

buildings.

on roofs

50. No platform, superstructure, staging, framework, Structures wire, wire netting, bamboo, matting or structure whatsoever, prohibited. shall be erected, maintained or fixed over or upon the roof of any building except with the permission of the Building Authority or unless used solely for the purpose of drying clothes

rest upon

51. The roofs of all buildings, including verandahs Roofs to shall not, unless wholly constructed of incombustible materials, brick or be built into the thickness of any wall, but shall either rest stone-work. upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the roof.

and rain-

down-pipes

52. The roof

 roof of every building (including every Eaves- verandah and balcony) and the floors of every verandah and gutters, balcony shall be so arranged and constructed, and so supplied water with eaves-gutters and rain-water down-pipes properly to he connected with the side-channels as to prevent any water provided. being discharged upon or over any public foot-path or roadway.

Wood-work.

53. No bond timber or wood-plate shall be built into Bond the thickness of any wall.

timbers or wood- plates not to be built into walls.

Timber or wood-work near flue

or chimney- opening prohibited.

Limitation

of pro- jections.

Mouldings

other

projections.

986

54. No timber or wood-work shall be placed in any wall or chimney-breast nearer than nine inches from the inside of any flue or chimney-opening, nor under any chimney- opening within six inches from the upper surface of the hearthi of such chimney-opening.

Projections, etc.

55. No encroachment or projection whatsoever, except- ing eaves, cornices and mouldings not exceeding eighteen inches projection, shall extend over any street or unleased Crown land unless with the special permission of the Building Authority.

56. Every eaves, cornice moulding or other projection shutters and whatsoever over any street or unleased Crown land shall be constructed of such material and in such manner as the Building Authority may decide and no door, gate, window or shutter opening on any street shall be so hung or placed as to project beyond the building at a height of less than seven and one half feet above the street level.

Projections into public thorough- fares prohibited.

Proviso in case of

public buildings.

Encroach-

ments over Streets regulated.

Schedules

E and F.

Schedules G and H.

Balconies forbidden in streets less than 25

feet wide;

57. Save as by this Ordinance provided, it shall not be lawful for any person to make any door or gate in such manner as to open over a public thoroughfare, nor to project any door-step or landing on, or across any public foot-path, nor to extend or affix any sunshade, telegraph wire, signboard, lamp, grating, gutter, or other unauthorised projection from any building, in such manner as shall cause obstruction, danger, or annoyance, in any street or to the passengers thereon, or so as to cause any encroachment on or over any street or unleased Crown land:

Provided that in the case of theatres and other public buildings the doors may with the consent of the Building Authority be made to open outwards over a public thorough- fare.

Verandahs, balconies and areas.

58. No encroachment shall be made on, over or into any street whether public or private or into unleased Crown land by any verandah or balcony, or by any area, or by any structure whatsoever-

(1) unless with the previous consent of the Governor and subject to such conditions as he may see fit to impose; and

(2) until the applicant for leave to make such encroach ment shall have previously signed an undertaking in the form contained in Schedules E or F; and

(3) unless in accordance with the regulations contained in Schedules G and H; and

(4) unless the building to which such verandah, balcony, area or structure appertains shall comply in all respects with every provision of this Ordinance.

59. No balcony shall, except with the consent of the Governor in Council, be hereafter erected or re-erected to project over any street, whether public or private, which is less than twenty-five feet in width.

987

width of

60. No verandah or balcony shall, except with the or when the

building consent of the Governor in Council, be hereafter erected or exceeds in re-erected to project from any building which exceeds in height the height the width of the street over which such verandah or balcony is intended to project, nor shall any building from which a verandah or balcony projects be afterwards increased in height so as to exceed the width of the street over which such verandah or balcony projects.

Balconies.

61. The number of storeys and the projection of Height and

projection of verandahs or balconies projecting over any street shall be verandahs determined by measuring on the line of the wall abutting on and such street a vertical height equal to the width of the street over which the verandahs or balconies are intended to project and from the point thus determined a line at an angle of 75° with the horizontal shall be drawn and any part of a verandah or balcony except the balustrade, falling outside such line shall be deemed illegal, and no portion of any verandah or balcony shall project beyond the line of kerb of the footpath underneath such verandah or balcony provided that in no case shall the projection exceed 11′6′′ from the lot boundary adjoining such verandah or balcony and if there be no foot- path the projection of the verandah or balcony shall be determined by the Building Authority.

62. The width of a street shall be determined by the Building Building Authority.

Restriction on partitions, obstructions and inclosures in

verandahs or balconies.

Authority to determine width of

street.

and balconies

63. No partition (other than such as may be necessary Verandahs for the separation of the verandah or balcony of any building not to be from the verandah or balcony of any adjacent building) shall inclosed. be erected in any verandah or balcony over unleased Crown land or

over any street, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part, (except by a balustrade not exceeding 3 feet in height) or used as a bathroom, urinal, water closet, sleeping apartment, store- 'room, or kitchen, nor shall any rain or other water be dis- charged therefrom save in the manner hereinbefore provided :

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

Kitchens, fireplaces and chimneys.

accommoda-

buildings.

64. Every domestic building, and every floor of a Kitchen domestic building which is separately let for dwelling pur- tion to be poses, shall be provided with adequate kitchen accom- provided modation, the internal area of which shall not, except with in domestic the permission of the Building Authority, as signified by the approval of the plan required under the provisions of this Ordinance, be less than sixty square feet, and every kitchen shall be provided with a properly constructed fireplace, and every kitchen shall be properly paved or floored with cement- concrete or other non-absorbent material approved by the Building Authority. The internal surface of the walls, of every kitchen shall also be rendered in cement-mortar, or other non-absorbent material approved by the said Authority,

Limitation of extent of kitchens in tenement houses.

Construction

or fire-

places.

988

to the height of at least four feet from the floor level, and the thickness of such material shall not be less than half an inch.

65. No kitchen of any tenement house shall, without the permission of the Building Authority as signified by the ap- proval of the plan required under the provisions of this Ordin- ance, hereafter be constructed so as to extend across more than one-half of the width of such building if such building has other buildings abutting against it on both sides or is separated from any adjacent building or from land on which any building may be erected by a less space than twenty feet throughout one side. The width of a building shall be measured parallel to the principal front and shall be the average distance between the centres of the party walls or the outer faces of the lateral external walls of such building.

66. Every fireplace shall be constructed with a proper of chimneys chimney or smoke-flue and in such a manner as not to allow the smoke to escape through any window or hole in the walls or roof or through any vent other than such chimney or smoke- flue. The interior surfaces of every brick or masonry chim- ney or smoke-flue shall be smoothly rendered with mortar, or lined with earthenware pipes and no such chimney or smoke- flue shall have less than twenty-eight square inches of internal sectional area, equivalent to a diameter of six inches in the case of circular pipes, unless with the approval of the Building Authority. Except when required for heating purposes, smoke-flues shall be encased with brickwork properly bonded into the wall in connexion with which they are constructed, and, when added to existing buildings, such brickwork shall be built in cement-mortar :

Fireplaces adapted for use of

charcoal or wood to have hoods.

Floors

under oven, stove, or

fireplace

Provided that in the case of chimneys or smoke-flues re- quiring to be extended to a greater height than five feet above the roof, any extension in excess of that height may, at the discretion of the Building Authority, consist of iron pipes.

67. Whenever any fireplace is adapted for the use of charcoal or wood as fuel, such fireplace shall be provided with a hood of sheet-metal or other approved material of sufficient size connecting with a chimney or smoke-flue carried up above the level of the main roof.

68. The upper surface of any floor under any oven, stove or fireplace shall be of incombustible materials, extend- ing over the whole area covered by such oven, stove or fire- to be incom- place and beyond to a distance of nine inches at least on every side of such oven, stove or fireplace; and such floor shall have hearths of stone, tile or other incombustible material laid before every chimney-opening.

bustible.

Chimneys

not to be fixed near wood-work.

Thickness

of chimney

above roof.

69. No chimney or smoke-flue shall be constructed or fixed nearer than nine inches to any wood-work or combustible material unless encased in non-conducting and incombustible material to the satisfaction of the Building Authority.

70. Every brick or masonry chimney or smoke-flue shall and height be continued up above the roof in brick or cut stone-work, of a thickness all round of not less than four inches, to a height of not less than three feet above the highest point in the line of junction with such roof; and every such chimney or smoke flue hereafter erected above such point shall be built in cement mortar.

A

A

1

.989

tions of

71. Chimneys of brick, stone, or other incombustible Corbelling material, may be corbelled out in the upper storeys of build- and founda- ings, provided that the work so corbelled out does not project chimneys from the wall more than the thickness of such wall, but all regulated. chimneys built in the ground storeys of buildings shall, unless with the consent of the Building Authority, rest upon solid foundations and upon footings similar in every respect to the foundations of the walls against which such chimneys are built.

of back of

72. The back of every chimney-opening, from the hearth Thickness up to the height of four feet above the level of the fire-grate, chimney shall be at least nine inches thick if in a party wall, or at opening. least four and a half inches thick if not in a party wall.

Windows, Storeys and Rooms.

in Storeys

73. Every storey of every domestic building hereafter Windows erected shall be provided with one window at least opening required. either directly or across a verandah or balcony into the ex- ternal air and the total area, clear of any obstruction to the light, of such window or windows shall be at least one tenth of the floor area of every such storey.

Every storey of every such domestic building shall also be provided with a window of at least ten square feet, clear of any obstruction to the light, in the rear main wall of such building (exclusive of any kitchen or outbuilding attached to the building) opening either directly or across a verandah or balcony into the open space in the rear of such building and the area of such window shall not be included in calculating the window area required by this section.

Every window provided under this section shall be so constructed that at least one half can be opened and the open- ing shall extend as far as is practicable above the floor level.

74.-(1) No domestic building shall hereafter be erected Limitation of a greater depth than thirty-five feet unless every storey of of depth of

                              buildings. such building is provided with windows opening into the ex- ternal air having a total area, clear of any obstruction to the [ef. s. 160]. light (including the window in the rear) equal to not less than one-eighth of the floor area of such storey and so arranged that, in the opinion of the Building Authority, the whole of the storey will be adequately lighted and ventilated.

(2) Provided always that the provisions of this section shall not apply in any case in which the Crown lease has specially provided for the erection of buildings of a greater depth than thirty-five feet; and provided further that the Governor in Council may in any other case in his discretion grant exemption from or modification of the provisions of this section.

(3) If any such exemption or modification is applied for and refused by the Governor in Council, compensation shall be paid to the owner, claiming in the manner provided for by Section 148, in respect of any land required by this section to be left unbuilt upon in excess of the open space required by Section 82.

75. The depth of a building shall be measured on the Measure- ground level from a central point in the outer surface of the ment of

depth of a front main wall to the outer surface of the nearest main wall building. of the same building opposite to such front main wall.

76. In any case where it may be found necessary the Determina- Director of Public Works shall determine which is the front tion of and which is the rear of a building.

front and

rear.

Every room to be provided with sky- light or window.

[cf. s. 160].

Obstruction of windows

in tenement houses.

Open space between new building

[cf. s. 160].

990

77. No room shall be constructed in any storey of any existing domestic building, or of any domestic building here- after erected, unless such room is provided with a sky-light, or with a window or windows opening either directly or across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level.

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as may be deemed expedient.

78. No window of any tenement house shall be obstructed by the erection of any structure whatsoever.

Open spaces, lanes, etc.

79. No person who shall erect a new domestic building or alter any existing domestic building on a site excavated out and hill-side. of a slope or declivity shall permit such building or part thereof to abut against the hill-side, but a clear intervening space or area of a width of not less than one-fourth of the height of the cutting shall be left between such building, along its whole extent, and the toe of the cutting: Provided that such inter- vening space or area shall in no case be of a less width than eight feet in any part as measured on the ground level of such building, and shall not encroach in any way upon any street; Provided further that the Governor in Council may grant ex- emption in any case in which the provisions of this section may appear to him to be inapplicable.

Sub-soil drainage of such open spaces.

Structures in areas prohibited.

The height of the cutting shall be measured on a vertical line drawn from the toe of such cutting, and extending from the finished ground or concreted surface to a point where it meets a line drawn at an angle of thirty degrees with the horizontal from the top of the cutting.

80. Every person who shall, under the provisions of section 79 leave a clear intervening space or area between a new domestic building and the hill-side, shall make the surface of the floor of such area at least six inches lower than the level of the lowest floor of such building, and he shall, if so required by the Building Authority, lay, to the full extent of such area, along the toe of the slope of the hill-side, and to a depth of at least twelve inches below the surface, a line of hard sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the sub-soil of such area, and he shall not cause such sub-soil drain to be passed out under the floor of any building, unless any other mode of outlet may be impracticable; and, in such case, he shall cause the sub-soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor. The floor of every such area shall have a fall of not less than 1 in 40 towards the outlet for the drainage of such area, and shall be covered with a layer of impervious material, as provided for in this Ordinance, and shall be channelled.

81. Every area shall be kept, at all times, free and unobstructed by structures of any kind other than a bridge or flight of steps not exceeding three feet and six inches in

991

width, nor shall such area be roofed in or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing or fence, along its upper edge.

of open

for domestic

82. (1) Every domestic building hereafter erected or Provision re-erected shall be provided by the owner with an open space spaces and in the rear, or partly in the rear and partly at the side, access lanes exclusively belonging to such building, equal in area to not buildings. less than one half of the roofed-over area of such building; [cf. s. 160]. and the level of such open space shall not be less than 6 inches below the floor of the lowermost storey. Provided that in the case of a domestic building hereafter erected or re-erected on a site leased from the Crown prior to the 21st February 1903 and having a depth of forty feet or under the open space may be equal in area to not less than one third of the roofed-over area of such building.

In addition to such open space the owner shall provide a lane to the satisfaction of the Building Authority, giving access to some public or private street and shall submit a plan of such proposed lane to the Building Authority for approval. Such

Such plan shall be prepared with a view to promoting uniformity in the laying out of such lanes.

Every lane shall be formed to such levels as the Building Authority may direct.

(2) A lane shall not be required in the case of any detach- ed or semi-detached domestic building which has a side lane or yard extending the entire depth of the building and of a width of not less than five feet and also has a clear and unobstructed area in the rear of the building of a depth of not less than eight feet and extending for the full width of the site, but no such building shall be deemed to be semi-detached unless it is one of a pair of buildings each of which has a side lane or yard as above described.

(3) Kitchens, bathrooms and latrines not exceeding ten feet in height above the highest point of the surface of the open space may be erected in the aforesaid open space, but such buildings shall not cover more than one fourth of such open space.

(4) In the event of the open space being provided partly in the rear and partly at the side, the proportion of such open space

shall not in either case be less than one half of the whole area required under this section.

(5) The open space in the rear or at the side shall not be inclosed except by boundary walls or fence of a height not exceeding eight feet, containing a doorway communicating with the lane in the rear or the side lane provided under sub-section (2) of this section.

(6) In no case shall any obstruction whatever be placed or erected in any lane or open space provided under this section except as hereinbefore permitted.

(7) In no case shall the Building Authority require the space for a lane, expressly provided for one building, to be of a greater width than five feet and when such a lane is on land leased from the Crown prior to the 21st February, 1903, and the building for which the lane is provided has no

Alteration

of open

space.

992

verandahs or balconies projecting over a street, then any width of the lane in excess of three feet may be included as open space.

(8) No portion of any street shall be included in calculating the area of open space required by this section. except as allowed by sub-section (7) and no portion of the open space required by this section, except any width of a lane in excess of three feet as allowed by sub-section (7), shall be deemed to be a street.

(9) For the purpose of this section, no yard or space which is inclosed on all sides by walls having a height of more than eight feet shall be included in calculating the area of

open space.

(10) The Governor in Council may modify the foregoing requirements in any case in which the Crown lease or the agreement for a Crown lease has specially provided for an open space in the rear of any such building of a less area than is hereby required, and may in any other case make such modification as may be recommended by the Director of Public Works upon such conditions, if any, as may be deemed ex- pedient.

83.-(1) No existing domestic building which has an open space of less area than that required by section 82 shall [cf. s. 160]. hereafter be altered in such a manner as to encroach on the existing amount of open space and no existing domestic build- ing which has a greater amount of open space than that re- quired by section 82 shall hereafter be altered in such a manner as to reduce the amount of open space to less than that required by section 82.

Access

lanes for

(2) The Building Authority, with the consent of the Gov- ernor in Council, shall have power in any case to grant a modification of the requirements of this section upon such conditions, if any, as the Building Authority may deem ex- pedient.

84. Every building, other than a domestic building, non-domestic hereafter erected or re-erected shall be provided with such a buildings. lane as is referred to in sub-section (1) of Section 82, but a lane shall not be required in the case of a detached or semi-detached building and in any other case where, in the opinion of the Building Authority, a lane is not considered

Meaning

of re- erection.

necessary.

85. For the purpose of Sections 82 and 84, re-erection includes every alteration of an existing building in such a manner as to make the resulting building a new building or in such a manner as to make the resulting building or any part thereof an exceptional building, but the erection of reinforced concrete stairs, lintels or kitchen or bathroom floors only, in an existing building shall not be deemed to make such building an exceptional building and

Provided that :-

(1) In the case of an existing building which is provided by the owner with an open space in the rear or partly in the rear and partly at the side exclusively belonging to such building, equal in area to not less than one third of the roofed-over area of such building, the erection of reinforced concrete floors only shall not be deemed to make such building an exceptional building.

1

993

(2) Proviso (1) shall only be effective for a period expiring on the 31st December 1940.

86. The owner of every building provided with open Means of space shall provide means of access to such open space to access t the satisfaction of the Building Authority.

Vertical Height of buildings to Main wall-head.

open space.

87. The height of every building shall hereafter be re- Limitation gulated in accordance with the following rules, unless the of height of

buildings. Governor in Council shall otherwise permit :-

(1) No existing building on land leased from the Crown prior to the 21st February, 1903, which does not exceed in height one and a quarter times the width of the street upon which it abuts shall hereafter be raised to a height exceeding one and a quarter times the width of the street upon which it abuts.

(2) No existing building on land leased from the Crown prior to the 21st February, 1903, which exceeds in height one and a quarter times the width of the street upon which it abuts, shall hereafter be increased in height.

(3) No building on land leased from the Crown prior to the 21st February, 1903, shall hereafter be erected or re- erected to a height exceeding one and a quarter times the width of the street upon which it abuts.

(4) No existing building which has verandahs or balconies. projecting over a street and which exceeds in height the width of the street upon which such building abuts shall hereafter be increased in height.

(5) No building on land leased from the Crown after the 21st February, 1903, shall be erected to a height exceeding the width of the street upon which it abuts.

(6) No building which does not fall within the provisions of paragraphs (1), (2), (3), (4) or (5) of this section shall be erected or re-erected or raised to a height exceeding such height as the Building Authority may authorise, but in the case of a building on land abutting upon a street the Building Authority shall have no power to require such building to be of a less height than that specified in such of the fore-going paragraphs as would apply if such building had been so ar- ranged as to abut upon such street.

(7) No building shall exceed three storeys in height unless such building is constructed of fire resisting materials through- out and no domestic building shall exceed five storeys in height unless with the consent of the Governor in Council.

(8) In the event of any building being hereafter erected or re-erected on a corner site so as to abut upon more than one street, or in the event of any building on a corner site being increased in height, the height of such buildings shall be regulated by the widest or wider of the streets upon which it abuts, so far as it abuts or will abut upon such widest or wider street and also so far as it abuts or will abut upon the narrower streets or street to a distance not exceeding twice the width of such narrower street as measured from the wider street.

[ct. s. 160].

Method of

994

(9) In the event of any building being hereafter erected or re-erected so as to abut upon more than one street although not on a corner site, or in the event of any such building being increased in height, the height of the several parts of such building shall be regulated by the widths of the streets upon which they respectively abut.

88.-(1) Whenever it is practicable to do so the overall determining height of any building hereafter erected or re-erected shall be determined by measuring on the line of the wall abutting upon the street which regulates the height, from the level of such street, the vertical height allowed by section 87.

height of buildings.

[cf. s. 160].

Such vertical height shall also be measured from the level of such street on the line of the nearest main wall of the same building opposite to the wall abutting on the street.

From the points thus determined on the two main walls, lines shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, be drawn at angles of 68 degrees with the horizontal, and in the case of buildings on land leased from the Crown after the 21st February, 1903, lines shall be drawn at angles of 63 degrees with the horizon- tal, and any part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) falling outside such lines shall be deemed illegal and no part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, extend beyond an overall height measured from the level of the street upon which the building abuts, equal to twice the width of such street and in the case of buildings on land leased from the Crown after the 21st February, 1903, no part of the building shall extend beyond an overall height measured from the level of the street upon which it abuts equal to one and a half times the width of such street.

Provided that :---

(a) In the case of a domestic building, hereafter erected or re-erected on land leased from the Crown after the 21st February, 1903, any part of the building, in the rear of the nearest main wall of the same building opposite to the front main wall, may be erected to a height equal to the width of the street on which such building abuts but no portion. whatsoever of such rear part of the building (except any chimney, party wall or parapet not exceeding three feet in height) shall extend beyond the height so determined.

(b) In the case of a domestic building hereafter erected or re-erected on land leased from the Crown prior to the 21st February, 1903, and which has no verandahs or balconies projecting over any street, any part of the building in the rear of the nearest main wall of the same building opposite to the front main wall, which does not extend more than half the width of the main building as measured on the rear main wall, may be erected to a height equal to one and a quarter times the width of the street on which such building abuts.

abuts. From a

 From a point thus determined on the rear main wall of such rear part of the building a line may be drawn at an angle of 68° with the horizontal and no portion of this part of the building whatsoever (except any chimney, party wall or parapet not exceeding three feet in height) shall fall outside such line.

**

995

(c) In no case shall any building hereafter erected or re-erected exceed five storeys in height or an overall height of eighty feet unless with the consent of the Governor in Council.

(2) In the event of the street on which a building abuts. not being level throughout the extent of such building, the height shall be measured from the central point of the external face of the wall abutting on such street.

(3) The vertical height allowed by section 87 shall apply only for the width of the building so far as it abuts upon the street by which the height is regulated; and the height of any portion of the building which does not so abut shall be determined by the Building Authority.

(4) In any case which does not fall within the fore-going provisions the height of the buildings shall be determined in such manner as the Building Authority may direct.

(5) The diagrams which follow this section are used as illustrations only of the rules set out in this and the preceding section. They shall not be deemed to control the text.

68

TREATMENT OF DOMESTIC BVILDINGS ERECTED ON

LOTS SOLD BEFORE AND AFTER 1903.

"

A ROAD

DOMESTIC BUILDINGS ERECTED ON LOTS SOLD PRIOR TO 1903.

631/2

ROAD

-1/4 × B2 7

2 x 8

DOMESTIC BUILDINGS

ERECTED ON LOTS SOLD) AFTER 1903

"

"C" ROAD

631⁄2°

--

996

"A" ROAD

TREATMENT OF NON- DOMESTIC BVILDINGS ERECTED ON LOTS SOLD BEFORE AND

AFTER 1903.

"A" ROAD

168

NON DOMESTIC BUILDINGS ERECTED ON LOTS SOLD

PIOR

TO 1903

SCAVENGING LANE

89

"B" ROAD

SCAVENGING LANE

"B" ROAD

NON DOMESTIC

BUILDINGS ERECTED ON SOLD AFTER 1903,

KOTS

"C" ROAD

"C" ROAD

997

998

"A" ROAD

-1/4

68°

68°*

1

"R" ROAD

=14xRTM

/

TREATMENT OF

BVILDINGS ERECTED ON LOTS SOLD

BEFORE AND AFTER

1903 HAVING

A STREET AT THE REAR

-14*A.

"A" ROAD

BUILDINGS ERECTED ON LOTS JOLD PRIOR TO 1903

634°

5349

11/2*"8"

"B" ROAD

"R" ROAD

689

BUILDINGS ERECTED ON LOTS SOLD AFTER 1903

"B" ROAD

- 666 -

CORNER TREATMENT OF BVILDINGS ERECTED ON LOTS SOLD BEFORE 1903.

68°

-2x8

68°

2 x 82.

"B" ROAD

"A" ROAD

ROAD

New

private streets to be

Building Authority.

1000

Private streets.

89. No new street on land held under lease from the Crown shall be constructed for the purpose of the erection of new buildings fronting thereon until a block plan of the whole approved by of the property concerned drawn to a scale of not less than one-twentieth of an inch to the foot, showing such proposed street, and its connexions with neighbouring streets together with the proposed levels and any scavenging lanes as well as the proposed method of construction and surface drainage, shall have been submitted to and approved by the Building Authority.

Width of new private streets.

Space in front of new buildings in private

lanes

Obstruction of street by buildings

prohibited.

Compensa- tion in

case of

refusal to

allow re- erection.

Penalty.

Construction maintenance and lighting of private

streets.

90. No new street on land held under lease from the Crown within the City of Victoria, on which domestic buildings front, shall be of a less width throughout than thirty feet, and no such street outside the City of Victoria shall be of a less width throughout than forty feet. Every such street shall open, at one end at least, upon some existing or projected public street.

91. Every person who shall erect fronting a private lane any new domestic building shall so place the said building that along its entire frontage there shall be an open space of at least seven and a half feet in width, measured from the centre line of such lane.

92.-(1) No building shall hereafter be erected or re- erected over any entrance to or over or upon any portion of any street on land held under lease from the Crown nor shall any other obstruction of any kind be maintained or placed in, over, or upon any portion of any such street, unless with the consent of the Governor in Council.

(2) In the event of the refusal of the Governor in Council to consent to the re-erection of any building to which this section applies, compensation shall be paid by the Government to the owner of such building, the amount of such compensa- tion to be determined by arbitration as hereinafter provided.

(3) Every person who contravenes any of the provisions of this section shall be liable upon summary conviction to a fine not exceeding one hundred dollars.

93.-(1) Every street or lane on land held under lease from the Crown on which buildings front, adjoin, or abut, shall be concreted or otherwise surfaced, channelled, sewered and drained to the satisfaction of the Building Authority and shall be maintained in good order to his satisfaction at the expense of the owners of the lands and premises fronting, adjoining or abutting on the street or lane.

In the event of the owner of any lands or premises so fronting, adjoining or abutting on such street or lane failing to concrete or otherwise surface, channel, sewer, drain or main- tain such street or lane to the satisfaction of the Building Au- thority, Government may carry out such work and the Build- ing Authority may apportion the cost thereof between the several owners in proportion to the width of their land at the place where it fronts, adjoins or abuts on such street or land; and the Building Authority may recover such apportioned cost together with interest thereon at the rate of 8% per annum from the date of demand for payment thereof made by the Building Authority, by action in the summary jurisdiction of the Supreme Court against the person who at the time when the apportionment is made is the owner of the premises or

1001

against any person who subsequently becomes and, at or after the date of the commencement of such action is the owner thereof.

The Building Authority may at any time after making the apportionment and notwithstanding any change of ownership in the meantime, register in the Land Office against any pre- mises included in the apportionment, notice of the sum appor- tioned thereon and upon registration of the notice such sum together with interest thereon at the rate of 8% per annum from the date of demand for payment made by the Building Authority shall be and remain a charge on such premises.

if

(2) Every street on land leased from the Crown may the Building Authority thinks fit be provided with lighting apparatus by Government and the cost of providing and main- taining such apparatus shall be borne by the several owners respectively in proportion to the width of their lands and premises at the place where the same fronts, adjoins or abuts on such street and the Building Authority may apportion the cost thereof between the several owners in the same manner as is provided by sub-section (1) and the Building Authority shall have the same power and means of recovering such cost. as is provided by sub-section (1).

The cost of illumination of such street shall however be borne by Government.

Water closets and latrines.

94. Every latrine shall be constructed of brick, stone, or Construction other material approved by the Building Authority, and shall and have a clear internal area of not less than seven square feet, of latrines. and no latrine shall have direct communication with a street.

95. Every pail latrine shall open into the outer air and not into the building.

dimensions

96. Every latrine shall have a suitable door and an open- Ventilation ing or openings for ventilation into the external air of not and internal rendering of less than two square feet in aggregate immediately under the latrines. roof. The internal walls of every latrine shall be rendered in cement mortar or other non-absorbent material approved by the Building Authority to the height of at least three feet and the thickness of such material shall not be less than half an inch.

97. The floor of every latrine hereafter erected on any Construction ground floor shall be raised at least six inches above the level of floor of of the surface outside.

latrines.

connected

98. No pail latrine shall be so constructed as to have any Latrines direct communication by means of any pipe, drain or grating, not to be with any underground drain or sewer, and any existing pail with drain. latrine having such communication shall have the same com- pletely cut off by the owner when so required by the Building Authority.

water

99. No water pipe or water tap shall be led to, or fixed Direct in or over, any water closet, latrine or urinal, without the connexion of intervention of a cistern or tank between such water pipe or service with water tap and the water service pipe.

latrines etc. prohibited.

Separate

exceptional

buildings

to have

adequate

1002

100. Every domestic building and every floor of a dwellings and domestic building hereafter erected which is separately let for dwelling purposes shall be provided with adequate latrine ac- commodation to the satisfaction of the Building Authority and every exceptional building shall be provided by the owner water-closets. thereof with adequate latrine accommodation on the premises for the separate use of each sex to the satisfaction of the Building Authority.

latrines or

Sub-soil

drains to

when

Drainage works.

101. Where in the opinion of the Building Authority the be provided site on which any domestic building is about to be erected or re-erected is so damp as to require subsoil drains, adequate provision of such drains shall be made to the satisfaction of the Building Authority.

required.

Drains to

in new buildings.

102. Every owner of a new building shall construct the be provided ground floor of such building at such sufficiently high level as will allow of the construction of a drain and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty, at a point in the upper half-diameter of such sewer.

Drainage works to be carried out by

persons

approved by

Building Authority.

Drains in existing buildings to be amended

or recon-

structed if

defective.

Drainage

103. All works connected with the construction, repair, amendment, disconnexion, trapping, and ventilation of drains shall be carried out at the cost of the owner of the building by persons approved by the Building Authority under the supervision of his officers and in all respects to his satisfaction.

104. (1) The Building Authority may, by a written notice, require the owners of existing buildings, the drains of which are, in his opinion, in a defective or insanitary condition to construct, within a reasonable time, new drains in accord- ance with the provisions of this Ordinance, or to make such other improvements in the existing defective drainage of such buildings as may be necessary to meet the requirements of this Ordinance.

(2) Drainage regulations may be made by the Governor Regulations. in Council. The regulations in Schedule J shall be deemed

to have been made under this sub-section.

Schedule J.

Groups of buildings to be drained in combina- tion if

required by Building Authority.

Owner's liabilities as to drains.

105. If the Building Authority considers that a group of contiguous buildings may be drained more advantageously in combination than separately, he may order that such group be drained upon some combined plan to be approved by him, and the cost thereof shall be apportioned by the Building Authority between the different owners of such group of contiguous buildings.

106. If any building be without a sufficient drain, and if a public sewer of sufficient size be within one hundred feet of the premises or outermost boundaries of the lot on which such building is situated, and if such public sewer be on a lower level, it shall be lawful for the Building Authority to require the owner of such building to construct a drain in such a manner as shall allow of the requisite communication with such public sewer, and such drain shall be adequately trapped and ventilated to the satisfaction of the Building Authority.

Provided always, that if any owner, by order of the Build- ing Authority, drains his building into a public sewer, he shall not be required to drain such building at his own expense into any other public sewer.

1003

opened by

of the

107. Whenever the Building Authority shall have reason Suspected to believe that the drains of any building are defective or in drains to be a condition injurious to health it shall be lawful for him to an officer order an inspecting officer to enter the premises and to inspect Building such drains, and, if requisite for the purpose of such in- Authority. spection, such officer shall cause the ground to be opened in any place he may deem fit, doing as little damage as may be, and should such drains be found in a satisfactory condition, they shall be reinstated and made good at the public expense; but should such drains prove to be defective, the Building Authority shall cause them to be properly reconstructed, re- paired, or amended by the owner in accordance with the pro- visions of this Ordinance.

drainage

108. In isolated places not provided with any public where no drainage system, every private drain or channel shall have its public course and outfall constructed in such manner as the Building system, Authority may approve.

drains

to be to satisfaction of Building Authority.

with main

109. Every drain on private property shall be laid as Drain directed by the Building Authority under the provisions of this connexions Ordinance; and, upon its completion, every such drain shall sewers to be be connected with the Government main sewer by the Director regulated by of Public Works, who shall have power to regulate the number of Public and position of the connexions to be made.

Nullahs, storm water-channels and drains.

Director

Works.

Building

110. No building shall hereafter be erected over any over drains, public drain, nullah, or storm water-channel, whether natural etc. or artificial, without the written consent of the Governor in [cƒ. s. 160]. Council.

111. No nullah, or storm water-channel, whether natural Nullahs. or artificial, shall hereafter be covered over except by a bridge not exceeding fifty feet in length, without the written consent of the Director of Public Works.

Director of

112. All work permitted under sections 110 and 111 Powers of shall only be carried out under such conditions as may be im- Fublic posed by the Director of Public Works, and to his entire satis- Works. faction. In framing such conditions, he shall make due provision for the sub-soil drainage of adjacent land, and for access for the purpose of inspection and cleansing.

ference with

any drain,

or water-

113. It shall not be lawful for any person to dig out the Inter- foundations of any building, or to excavate any site for any purpose whatsoever, in such manner as to cut into, open out, nullah, divert, undermine, obstruct, dam, or otherwise interfere with catch-water any drain, nullah, catch-water or water-channel, whether channel situated on leased or unleased Crown land, unless he has prohibited. provided to the satisfaction of the Director of Public Works for the escape of any waters flowing through such drain, nullah, catch-water or water-channel.

Wells.

114. Except with the permission of the Building Au- Wells for thority, which may be granted upon a written application, it flushing. shall not be lawful to sink or re-open any well to be used for the purpose of flushing water closets or urinals, or to allow any such well to be sunk or re-opened.

2

Exclusion

of surface

water.

Timber stores to be inclosed.

Occupation

of new building

without a certificate prohibited.

Schedule K.

1004

Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

Timber Stores.

115. Every building, yard or other place used for the storage of timber, other than timber in baulk, shall, unless exempted by the Director of Public Works, be inclosed on all sides by brick walls at least ten feet high and fourteen inches thick. Every such building, yard or place shall have a clear passage-way not less than six feet in width between such walls and the boundary of any other premises. No portion of any building, yard or place, if used for the storage of more than three hundred cubic feet of timber, other than timber in baulk, shall be within fifty feet of any building or premises used for any other purpose whether on the same or on an ad- joining lot.

No building used for the storage of timber, other than timber in baulk, and no building in any yard or place used for the storage of timber other than timber in baulk shall exceed in height thirty feet measured from the level of the ground to the extreme top of such building.

No pile, stack or store of timber shall exceed thirty feet in height from the level of the ground.

It shall not be lawful to form in any pile, stack or store of timber any room or chamber or space (other than a passage) to be used for any purpose whatever.

For the purpose of this section, timber in baulk shall not include China fir poles.

Occupation of new buildings.

116. (1) No new building shall be occupied or used in any way, except by caretakers only not exceeding two in number, until an authorised architect shall have certified in writing according to the form contained in Schedule K to the Building Authority that such building complies in all respects with the provisions of this Ordinance, and is structurally safe, nor until the owner shall have received from the Building Authority a written permit to occupy such building.

(2) If, after receiving such certificate from an authorised architect, the Building Authority or any officer deputed by him shall discover that in certain respects such building does not comply with the provisions of this Ordinance and of all Regulations made thereunder, the Building Authority may require the authorised architect who signed such certificate to pay a fee of fifty dollars (which shall be paid into the Colonial Treasury) for each further inspection and no permit that such building shall be occupied shall be issued by the Building Authority until he shall have received a further certi- ficate as aforesaid signed by an authorised architect.

(3) If the Building Authority does not, within fourteen days of the receipt of the aforesaid written certificate, notify the owner or his architect or other representative that the building is not in accordance with the provisions of this Ordin ance, such building may be occupied: Provided that in the

-

1005

event of any contravention of this section, the occupier and also the owner shall be liable for such contravention, unless such owner proves that such occupation has taken place with- out his knowledge or consent.

Dangerous buildings.

and fencing

117. Every owner of a building which may be declared Shoring by the Building Authority, or an officer deputed by the of dangerous Governor in Council in that behalf, by an order in writing building. to such owner, to be dangerous, shall cause the same to be shored or otherwise properly secured and shall erect, in such manner as may be directed by the Building Authority, or an officer deputed as aforesaid, a proper fence or hoarding for the protection of passengers.

118. Buildings rendered dangerous by fire, wind or Taking

                                        down other cause of whatsoever nature, to such an extent as, in

dangerous the opinion of the Building Authority, or an officer deputed building. by the Governor in Council in that behalf, necessitates their being taken down partly or wholly or otherwise made safe shall, upon the service on the owner of an order in writing from the Building Authority, or an officer deputed as afore- said, declaring that such building is in a dangerous condition and must be taken down partly or wholly or otherwise made safe and specifying the time within which the work is to be done, be taken down ΟΙ made safe by such owner accordingly.

dangerous

owner.

119.-(1) If the owner of a dangerous building cannot Shoring or be found, or if, on such notice in writing as aforesaid, he taking down refuses or neglects within the time fixed in such notice to building at shore or otherwise properly secure or to take down such cost of dangerous building or such portion thereof as may be declared to be dangerous by the Building Authority, or an officer deputed as aforesaid, such dangerous building or such portion thereof shall, without delay, be shored or otherwise properly secured or taken down by persons employed by the Building Authority who shall be entitled to recover the cost thereof from the owner.

in cases of

(2) In all cases of emergency, the Building Authority Procedure or an officer deputed as aforesaid, may cause the necessary emergency. work to be done without any notice whatever, the cost of such work being recoverable from the owner.

The decision of the Building Authority or of an officer deputed as aforesaid, that the particular case is one

one of emergency, shall be final and binding on all persons.

(3) Costs recoverable by the Building Authority from the owner under sub-sections 1 or 2 shall constitute a first charge on the land and premises on which the dangerous building is situated: Provided that the land and premises shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.

building.

120. It shall be lawful for a magistrate on a representa- Powers of magistrate tion being made to him by the Building Authority, or by an in case of officer deputed by the Governor in Council in that behalf, dangerous that the whole or any part of a building, by reason of any crack, settlement or other defect having shown itself in it, or by reason of the materials used or method of its con- struction having been found by examination to be defective,

Inflammable structures

not to be erected without

1006

is liable to become dangerous, to order such building or part of such building to be closed by or under the direction of the Inspector General of Police, and to remain closed until the Building Authority, or an officer deputed as aforesaid, has certified in writing that the defects have been remedied to his satisfaction: Provided that at least seven days notice in writing of the intention to make any such representation shall be given to the owner of any building affected thereby or to his representative.

Every person found inhabiting or using any building or part thereof closed as aforesaid shall upon summary conviction be liable to a fine not exceeding one hundred dollars, and to a further fine not exceeding fifty dollars for every day that such person shall continue to inhabit or use such building after conviction.

Provided always that nothing in this section contained shall be construed as affecting the powers expressly vested in the Building Authority and the officer deputed as aforesaid in sections 117, 118 and 119.

Matsheds and other inflammable structures.

121. (1) It shall not be lawful for any person to erect or maintain any structure of wood, mats, palm leaves, thatch, or other inflammable material, without permission in writing from the Building Authority, or an officer deputed and prohibit by him in that behalf, and except subject to the regulations

contained in Schedule L.

permission

ed within

gathering

ground of

a public

reservoir.

Schedule L.

Precautions to be adopted when blasting.

(2) No such structure shall be erected on any land which is situated within the gathering ground of any public reservoir without the special permission of the Building Authority.

(3). Every person who erects or maintains any structure in contravention of the provisions of this section shall upon summary conviction be liable to a fine not exceeding one hundred dollars, and the magistrate may further order the building to be removed.

Blasting.

122. It shall not be lawful for any person to blast any stone, earth or other material unless he shall have fully covered over and weighted down such material with a sufficiently heavy timber shield, or taken such other precautions as shall effectually prevent any fragments from being projected in such a manner as to be dangerous, and unless, in addition, he shall previously have fully warned all persons within a radius of five hundred feet from the proposed blast by means of red flags and by the beating of a gong continued for at least five minutes, previous to the firing off of such blast. No blast shall be fired off except between 12 noon and 12.30 p.m., and between 4.30 p.m. and 5 p.m., or between such other hours as the Governor in Council may, by notification, appoint: Provided that in all Government quarries. whether leased or otherwise, the blasting of stone shall be subject to regulations made by the Governor in Council.

1007

Every person who contravenes any of the provisions of this section shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder and likewise the contractor or foreman under whom such labourer is working.

Earth cutting.

as to earth cutting etc.

Schedule M.

123. It shall not be lawful for any person to cut or Regulations remove earth, sand, clay or turf, or to collect, extract, split, blast or remove stones, from any land not under lease from the Crown, except subject to the regulations contained in Schedule M, or without the permission in writing of the Director of Public Works, or in such manner as shall under- mine or in any way prejudically affect or endanger the stability of any bank or of any land or property adjoining.

Every person who contravenes any of the provisions of this section or of any such regulations shall be liable on summary conviction to a fine not exceeding one hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder, and likewise the contractor or foreman under whom such labourer is working.

Powers and duties of the Building Authority as to entry and inspection.

inspect

124.--(1) The Building Authority, or any officer Power to deputed by him for the purpose, may at any time enter and enter and inspect any building for the purpose of ascertaining whether buildings. the requirements of this Ordinance are carried out in relation thereto or whether any building is dangerous, and in the event of his discovering that the requirements of this Ordinance have been contravened in any particular, or that any building is dangerous, the owner thereof or his duly authorised agent shall, upon receipt of an order in writing from the Building Authority, stop the operations upon such building until such contravention has been rectified or such building has been taken down or rendered safe. Every person in charge of the erection of any building shall provide planks, ladders, or other reasonable means of access to every part of such building to facilitate the inspection, and the Building Authority shall have power to do any thing to any such building which he may consider necessary for the purpose of making an efficient inspection thereof.

may be

(2) For the purpose of inspecting any building or wall Openings believed to be in a dangerous condition the Building in building Authority, or an officer deputed as aforesaid, may cause such made. openings to be made therein as he may deem fit: Provided that at least twenty-four hours notice in writing of his intention to make any such openings shall be given to the owner or his duly authorised agent.

Director of Public Works may stop or divert traffic.

Building nuisances defined.

Notice to

ing nuisance.

1008

Stoppage or diversion of traffic.

125. The Director of Public Works shall have power, on his being satisfied of the necessity therefor, to temporarily stop or divert or partially stop or divert the traffic along any street, or to block up or occupy or partially block up or occupy such street, for the purpose of carrying out any works of whatsoever nature: Provided that, if the traffic in a street is stopped or diverted, or a street is blocked up, notice to the public shall be given, whenever practicable.

Building nuisances.

126.-(1) The following shall be deemed to be nuisances under this Ordinance :--

1. Any verandah, balcony, area or structure which is not in accordance with the provisions of this Ordinance.

2. Any unauthorised encroachment on, any land not under lease from the Crown.

over or into

3. Any building or works whatsoever hereafter com- menced, carried on, resumed, altered or completed in con- travention of any of the provisions of this Ordinance.

4. Any structure erected or maintained in contraven- tion of the provisions of this Ordinance.

5. The use in any building or works of any defective materials or of any materials contrary to the requirements of this Ordinance.

6. Any failure to supply, or any inadequate or defective provision of drain, draintrap, water flushed sanitary appliance or fitting, ventilating pipe, sub-soil drainage or cesspool accommodation.

7. Any act, failure, neglect, omission or refusal whereby any provision of this Ordinance is contravened.

8. Any act, failure, neglect, omission or refusal whereby any condition or term attached to the grant of any modification of or exemption from any provision of this Ordinance is contravened.

(2) In respect of any offence against paragraph 5 of sub-section (1), every person who as architect, engineer, or clerk of works, specifies or condones the use of improper or defective materials or, as contractor, makes use of improper or defective materials and also the owner of any building or works on which any such improper or defective materials are used, shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding fifty dollars a day for every day that the nuisance remains unabated.

Abatement of nuisances.

127.-(1) The competent authority to deal with abate build- nuisances under this Ordinance shall be, unless the context otherwise requires, the Building Authority or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent authority as hereinbefore defined, such authority may at his

1009

discretion serve a notice in the form contained in Schedule Schedule N. N, (with such modifications, if any, as may be necessary) on the author of the nuisance or if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate. who either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction, under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

order

of nuisance.

128. In case the said nuisance shall not be abated Magistrate's within the time limited, it shall be lawful for a magistrate empowering to make an order empowering the Building Authority to abatement abate the nuisance; and all expenses, incurred by such Authority in causing such nuisance to be abated as aforesaid, shall forthwith be paid by the person against whom the original order to abate such nuisance was made, or failing him by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

abatement of

sale of

129. Whenever the demolition of any building or Recovery of works or any part thereof shall take place under any order expenses of made under section 128, it shall be lawful for the Building nuisance by Authority, in case of non-payment of the said expenses by materials. the person liable to pay the same to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

payment of

130. In case the person liable to pay the same shall Distress in not forthwith pay all expenses incurred by the Building case of non- Authority in the abating of any nuisance as required by expenses. this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

131. Nothing in this Ordinance shall affect any other Saving of remedy for the abatement of nuisances.

Service of notice, summons or order.

other remedies for nuisances.

service of notice,

order.

132. Any notice, summons or order given, issued or Method of made under the provisions of this Ordinance, may be served service upon the person affected by the document to be served, summons or either personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last- known place of business or residence of the person to be served, or, if there is no occupier of such premises. by

1010

putting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or if the whereabouts of such owner or agent be unknown by posting a registered letter addressed to such owner or agent, at his last-known place of residence or of business in the Colony.

Provisions

concerning buildings on line of Junction when ad- joining lands are unbuilt on.

Rights of building and adjoining owners.

133. Where lands held under lease from the Crown by different owners adjoin and are unbuilt on at the line of junction, and either owner is about to build on any part of the line of junction, the following provisions shall have effect :-

(1) if the building owner desires to build a party wall on the line of junction, he shall serve notice thereof on the adjoining owner describing the intended wall:

(2) if the adjoining owner consents to the building of a party wall, the wall shall be built half on the land of each of the two owners, or in such other position as may be agreed between them;

(3) the expenses of the building of the party wall shall from time to time be defrayed by the two owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively;

(4) if the adjoining owner does not consent to

to the building of a party wall, the building owner shall not build the wall otherwise than as an external wall placed wholly on his own land;

(5) if the building owner does not desire to build a party wall on the line of junction but desires to build an external wall placed wholly on his own land, he shall serve notice thereof on the adjoining owner describing the intended wall;

(6) where in any of the cases aforesaid the building owner proceeds to build an external wall on his own land, he shall have a right at his own expense, at any time after the expiration of one month from the service of the notice, to place on the land of the adjoining owner below the level of the lowest floor, the projecting footings of the external wall with concrete or other solid substructure thereunder, making compensation to the adjoining owner or occupier for any damage occasioned thereby. The amount of such compensation, if any difference arises, shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be deter- mined.

Where an external wall is built against another external wall or against a party wall, it shall be lawful for the Building Authority to allow the footing of the side next such other external or party wall to be omitted.

- 1011

134. The building owner shall have the rights in relation to party structures and

structures-

following Rights of adjoining owner in

building

relation to party structures,

(1) to make good, underpin, or repair any party etc. structure which is defective or out of repair;

(2) to pull down and rebuild any party structure which is so far defective or out of repair as to make it necessary or desirable to pull it down;

(3) to pull down any timber or other partition which divides any buildings, and is not conformable with the provi- sions of this Ordinance, and to build instead thereof a party wall conformable thereto;

(4) in the case of buildings having rooms or storeys the property of different owners intermixed,-to pull down such of the said rooms or storeys, or any part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(5) in the case of buildings connected by arches or com- munications over streets belonging to other persons,-to pull down such of the said buildings, arches or communications or such parts thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(6) to raise and underpin any party structure permitted by this Ordinance to be raised or underpinned or any external wall built against such party structure, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof, and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against such party structure or external wall;

(7) to pull down any party structure which is of insuffi- cient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above purposes, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof;

(8) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by such operation;

(9) to cut away any footing or any chimney-breast, jamb or flue projecting, or other projection from any party wall or external wall in order to erect an external wall against such party wall, or for any other purpose, upon condition of making good all damage occasioned to the adjoining premises by such operation;

any

wall or

(10) to cut away or take down such parts of building of an adjoining owner as may be necessary in conse- quence of such wall or building overhanging the ground of the building owner, in order to erect an upright wall against the same, on condition of making good any damage sustained by the wall or building by such operation;

(11) to raise a party fence wall, or to pull the same down and rebuild it as a party wall;

(12) to perform any other necessary works incident to the connexion of a party structure with the premises adjoining

thereto :

Existing prior buildings.

Require- ments of adjoining owner in

relation to party struc- tures.

Differences

between building owner and adjoining

owner.

1012

Provided always, that these rights shall be subject to this qualification, that any building which has been erected prior to the 21st February, 1903, shall be deemed to be conform- able with the provisions hereof if it be conformable with the provisions of the Ordinances regulating buildings before that date.

135.-(1) Where a building owner proposes to exercise any of the foregoing rights with respect to party structures, the adjoining owner may by notice require the building owner to build on any such party structure such chimney copings, jambs, or breasts, or flues, or such piers or recesses, or any other like works as may fairly be required for the convenience of such adjoining owner, and may be specified in the notice; and it shall be the duty of the building owner to comply with such requisition in all cases where the execution of the requid works will not be injurious to the building owner, or cause to him unnecessary inconvenience or unnecessary delay in the exercise of his right.

(2) Any difference that arises between a building owner and an adjoining owner in respect of the execution of any such works shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be determined.

Notice to be given by building

Owner

before work commences.

136.-(1) A building owner shall not, except with the consent in writing of the adjoining owner, and of the adjoining occupiers, or in cases where any wall or party structure is dangerous (in which cases the appropriate provisions of this Ordinance shall apply), exercise any of his rights under this Ordinance in respect of any party fence wall unless at least one month, or exercise any of his rights under this Ordinance in relation to any party wall or party structure other than a party fence wall, unless at least two months before doing so he has served on the adjoining owner of the party fence wall, the party wall or party structure, as the case may be, notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.

(2) When a building owner in the exercise of any of his rights under this Ordinance lays open any part of the adjoining land or building, he shall at his own expense make and main- tain for a proper time a proper hoarding and shoring or temporary construction for protection of the adjoining land or building and the security of the adjoining occupier.

(3) A building owner shall not exercise any right given to him by this Ordinance in such manner or at such time as to cause unnecessary inconvenience to the adjoining owner or to the adjoining occupier.

(4) A party wall or structure notice shall not be available for the exercise of any right, unless the work to which the notice relates is begun within six months after the service thereof, and is prosecuted with due diligence.

(5) Within one month after receipt of such notice the adjoining owner may serve on the building owner a notice requiring him to build on any such party structure any works to the construction of which he is hereinbefore declared to be entitled.

1013

(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience, and shall, if necessary, be accompanied by explanatory plans and draw- ings.

(7) If either owner does not, within fourteen days after the service on him of any notice, express his consent thereto, he shall be considered as having dissented therefrom, and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.

between

building

owner.

137.-(1) In all cases not specially provided for by this Differences Ordinance, where a difference arises between a building owner being and an adjoining owner in respect of any matter arising with owner and reference to any work to which any notice given under this adjoining Ordinance relates, unless both parties concur in the appoint- ment of one architect they shall each appoint an architect, and the two architects so appointed shall select a third architect, and such one architect, or three architects, or any two of them, shall settle any matter from time to time during the continuance of any work to which the notice relates in dispute between such building owner and adjoining owner, with power by his or their award to determine the right to do, and the time and manner of doing any work, and generally any other matter arising out of or incidental to such difference; but any time so appointed for doing any work shall not, unless other- wise agreed, commence until after the expiration of the period by this Ordinance prescribed for the notice in the particular

case.

(2) Any award given by such one architect, or by such three architects, or by any two of them, shall be conclusive, and shall not be questioned in any court; with this exception, that either of the parties to the difference may within fourteen days from the date of the delivery of the award, appeal there- from to a judge in chambers, who may, subject as hereafter in this section mentioned, rescind the award or modify it in such manner as he thinks just.

(3) If either party to the difference makes default in appointing an architect for ten days after notice has been served on him by the other party to make such appointment, the party giving the notice may make the appointment in the place of the party so making default.

(4) The costs incurred in making or obtaining the award shall be paid by such party as the architect or architects determine.

(5) If the appellant on appearing before the judge declares his unwillingness to have the matter decided by him, and proves to his satisfaction that in the event of the matter being decided against him he will be liable to pay a sum, exclusive of costs, exceeding five hundred dollars, and gives security, to be approved by the judge, duly to prosecute an action in the Supreme Court and to abide the event thereof, all proceedings in Chambers shall thereupon be stayed, and the appellant may bring an action in the Supreme Court against the other party to the difference.

(6) The plaintiff in such action shall deliver to the defendants an issue whereby the matters in difference between them may be tried, and the form of such issue in case of dispute or of the non-appearance of the defendant shall be settled by

1014

the court, and the action shall be prosecuted and the issue tried ir all respects as if it were an ordinary action or issue in the Supreme Court, or as near thereto as circumstances admit.

(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as cir- cumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.

(8) Where both parties have concurred in the appointment of one architect, then, if he refuses, or for seven days neglects to act, or if he dies or becomes incapable to act before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.

(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for seven days neglects, to act, or before such difference is settled, dies, or becomes incapable to act, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his pre- decessor.

(10) Where each party has appointed an architect, then, if the two architects refuse, or, for seven days after request of either party, neglect to select a third architect, or another third architect as aforesaid the Governor may, on the applica- tion of either party, appoint the Director of Public Works or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the two architects appointed by the parties.

(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appoint- ment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.

(12) Where each party has appointed an architect, then, if either of the architects refuses, or for seven days neglects to act the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.

,

(13) In this section "architect" means "authorised architect'.

Right of entry of building

Owner.

138. A building owner, his servants, agents and work- men, at all usual times of working, may enter and remain on any premises for the prupose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furni- ture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a

1015

constable, break open any fences or doors in order to effect such entry: Provided that before entering on any premises for the purpose of this section the building owner shall give fourteen days notice of his intention so to do to the owner and occupier; in case of emergency he shall give such notice only as may be reasonably practicable.

or

foundations

139. Where a building owner intends to erect within ten Under- feet of a building belonging to an adjoining owner a building pingen

                             strengthen- any part of which within such ten feet extends to a lower level ing of than the foundations of the building belonging to the adjoining of adjoining owner, he may, and, if required by the adjoining owner, shall building. (subject as hereinafter provided) underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect:---

(1) at least two months notice in writing shall be given by the building owner to the adjoining owner stating his inten- tion to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

(2) if the adjoining owner shall, within fourteen days after being served with such notice, give a counternotice in writing that he disputes the necessity of such under- pinning or strengthening, or that he requires such under- pinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner.

(3) the building owner shall be liable to compensate the adjoining owner and occupier for any inconvenience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:

(4) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise. be subject in case of injury caused by his building operations to the adjoining owner.

owner may

be given for

140. An adjoining owner may, if he thinks fit, by Adjoining notice in writing, require the building owner (before com- require mencing any work which he may be authorised by this security to Ordinance to execute) to give such security as may be agreed payment of upon, or in case of difference as may be settled by a judge expenses in chambers, for the payment of all such expenses, costs and requisition compensation in respect of the work as may be payable by by building the building owner.

The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter- requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and com- pensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.

and counter

owner.

Expenses to be borne jointly by building owner and adjoining

owner.

Expenses

to be borne by the building

owner.

1016

If the adjoining owner does not within one month after service of the counter-requisition give security accordingly, he shall at the end of that month be deemed to have ceased to be entitled to compliance with his party wall or party structure requisition, and the building owner may proceed as if no party wall or party structure requisition had been served on him by the adjoining owner.

141. (1) As to expenses to be borne jointly by the building owner and the adjoining owner :-

(a) if any party structure is defective or out of repair, the expenses of making good, underpinning, or repairing the same shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes or may make of the structure;

(b) if any party structure is pulled down and rebuilt by reason of its being so far defective or out of repair as to make it necessary or desirable to pull it down, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the structure;

(c) if any timber or other partition dividing a building is pulled down in exercise of the right by this Ordinance vested in a building owner, and a party structure is built instead thereof, the expense of building such party structure and also of building any additional party structures that may be required by reason of the partition having been pulled down, shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the party structure and to the thickness required for the support of the respective buildings parted thereby;

(d) if any rooms or storeys or any parts thereof, the property of different owners, and intermixed in any building, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining 'owner in due proportion, regard being had to the use that

each owner may make of such rooms or storeys;

(e) if any arches or communications over public ways or over passages belonging to other persons than the owners of the buildings connected by such arches or communications, or any part thereof, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes of such arches or communications.

(2) As to expenses to be borne by the building owner :-

(a) if any party structure or any external wall built against another external wall is raised or underpinned in pursuance of the power by this Ordinance vested in a building owner, the expense of raising or underpinning the same and of making good all damage occasioned thereby, and of carrying up to the requisite height all such flues and chimney- stacks belonging to the adjoining owner on or against any such

1017

party structure or external wall as are by this Ordinance required to be made good and carried up, shall be borne by the building owner;

(b) if any party structure, which is of proper materials and sound or not so far defective or out of repair as to make it necessary or desirable to pull it down, is pulled down and rebuilt by the building owner, the expense of pulling down and rebuilding the same and of making good any damage by this Ordinance required to be made good, and a fair allowance in respect of the disturbance and inconvenience caused to the adjoining owner shall be borne by the building

owner;

(c) if any party structure is cut into by the building owner, the expense of cutting into the same, and of making good any damage by this Ordinance required to be made good shall be borne by such building owner;

(d) if any footing, chimney-breast, jamb or floor is cut away in pursuance of the powers by this Ordinance vested in a building owner, the expense of such cutting away and making good any damage by this Ordinance required to be made good shall be borne by the building owner;

(e) if any party fence wall is raised for a building, the expense of such raising shall be borne by the building owner.

(f) if any party fence wall is pulled down and built as a party wall the expense thereof shall be borne by the building owner.

which may

ing owner.

(3) If at any time the adjoining owner makes use of any Proportion party structure or external wall (or any part thereof) raised of expenses or underpinned as aforesaid, or of any party fence wall pulled be borne down and built as a party wall (or any part thereof) beyond by adjoin- the use thereof made by him before the alteration, there shall be borne by the adjoining owner from time to time a due proportion of the expenses (having regard to the use that the adjoining owner may make thereof)-

(a) of raising or underpinning such party structure or external wall, and of making good all such damage occasion- ed thereby to the adjoining owner, and of carrying up to the requisite height all such flues and chimney-stacks belong- ing to the adjoining owner on or against any such party structure or external wall as are by this Ordinance required to be made good and carried up;

(b) of pulling down and building such party fence wall as a party wall.

to be

by building

owner.

142. Within one month after the completion of any Statement work which a building owner is by this Ordinance authorised of expenses or required to execute, and the expense of which is in submitted whole or in part to be borne by an adjoining owner, the building owner shall deliver to the adjoining owner an account in writing of the particulars and expense of the work, specifying any deduction to which such adjoining owner may be entitled in respect of old materials, or in other respects, and every such work shall be estimated and valued at fair average rates and prices according to the nature of the work, and the locality and the market price of materials and labour at the time.

Difference between building owner and adjoining

owner as to expenses

Failure by adjoining owner to

express dis-

1018

143. At any time within one month after the delivery of the said account the adjoining owner, if dissatisfied there- with, may declare his dissatisfaction to the building owner by notice in writing served by himself or his agent, and specifying his objections thereto, and thereupon a difference shall be deemed to have arisen between the parties, and shall be determined in manner hereinbefore provided for the settlement of differences between building and adjoining

owners.

144. If within the said period of one month the adjoining owner does not declare in the said manner his dissatisfaction with the account, he shall be deemed to have to be deemed accepted the same, and shall pay the same on demand to the party delivering the account, and, if he fails to do so, the amount so due may be recovered as a debt.

satisfaction

acceptance.

Adjoining

Owner

failing to contribute, building owner to become

sole owner.

Adjoining owner liable

145. Where the adjoining owner is liable to contribute to the expenses of building any party structure, then, until such contribution is paid, the building owner at whose expense the same was built shall stand possessed of the sole property in the structure.

146. The adjoining owner shall be liable for all for expenses expenses incurred on his requisition by the building owner, and in default of payment the same may be recovered from him as a debt.

incurred on

his requisi

tion.

Other easementa and rights

in regard

to party

structures preserved.

Submission of claim.

Appointment

of arbitra- tors.

147. Nothing in this Ordinance shall authorise any interference with any other easements in or relating to a party wall, or take away, abridge, or prejudically affect any right of any person to preserve or restore any other thing in or connected with a party wall in case of the party wall being pulled down or rebuilt

Arbitration.

148. No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance, shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the person claiming shall await the decision of the Governor in Council before proceeding with the works.

149. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following:-

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.

1

1019

(2) The two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.

In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final,

(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

150.-(1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such on which purpose the value of any land resumed or of any building tion to thereon-

compensa-

be based.

(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and Ordinance the condition of the premises, the state of repair thereof. No. 6 of and the probable duration of the premises in their existing state; and

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the main- tenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisition being compulsory.

1901.

(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove-

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

and not reasonably

(d) that the premises are unfit, and capable of being made fit, for human habitation.

be received.

(3) If the said arbitrators or umpire are satisfied by Effect of such evidence then the compensation shall-

(a) in cases (a) and (b) in sub-section (2) so far as it is häsed on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c) in sub-section (2) be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

such evidence

on com-

pensation.

!

Vacancies among arbitrators.

Contraven- tions.

1020

(c) in case (d) in sub-section (2) be based on the value of the land, and of the materials of the buildings thereon.

151. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and, if he is a person appointed by a claimant, shall be filled by some other person so appointed

Contraventions and Penalties.

152. Every act, failure, neglect, or omission whereby any requirement or provision of this Ordinance is contraven- ed, and every refusal to comply with any of such require- ments or provisions, shall be deemed a contravention of this Ordinance.

Penalty for building nuisance.

153. Every person who as architect, engineer, clerk of works, contractor, foreman, or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner occupier or tenant of any building or works on which any such nuisance exists shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing to obey magis. trate's order or for

obstructing Building Authority.

154. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or who, without reasonable excuse, refuses to permit the Building Authority, or any officer deputed by such Authority, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders the Building Authority, or such officer as aforesaid, in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

Penalty for

ventions.

155. Every person

who contravenes

any of the other contra- provisions of this Ordinance in respect of which contraven- tion no special penalty is otherwise provided shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

Liability of

secretary or manager of company.

Proceedings against

several

persons.

156. Where a contravention of any of the provisions of this Ordinance is committed by any company, corporation or firm, the secretary, manager, director or any partner thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

are

157. Where proceedings under this Ordinance competent against several persons in respect of the joint act o default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

1021

Special powers of magistrate.

to order

structures.

158. It shall be lawful for a magistrate in any case in Power of which it is proved to his satisfaction that any cockloft, magistrate partition, or shop-division is not in accordance with the removal of provisions of this Ordinance, to order either in addition to illegal or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction thereof or of any portion thereof by any officer deputed by the Building Authority and no compensation shall be payable to any person in respect of any damage done thereto by such demolition, removal and destruction.

to authorise

enter and

159.-(1) If admission to premises for any of the pur- Power of poses of this Ordinance is refused, any magistrate on com- magistrate plaint thereof on oath by any officer authorised by this officer to Ordinance to enter and inspect premises (made after reason- inspect able notice in writing of the intention to make the same has premises. been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same into the premises during the hours prescribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained unde this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section. shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

or exemption

160. Every application for modification of or Power of Building exemption from any of the provisions of sections 74, 77, 79, 82, 83, 87, 88 and 110, which the Governor in Council is to grant by any of such sections empowered to grant, shall be made modification to the Building Authority in the first instance, and may be in certain granted by him either wholly or in part and with or without cases. conditions; and a certificate under the hand of the Building Authority to the effect that any such modification exemption has been granted by him shall be as valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council.

Appeal to the Governor in Council.

decision of

any person

with powers

161. Whenever any person is dissatisfied with the Appeal to exercise of the discretion of any person to whom discretion- Governor in ary power is given under this Ordinance in respect of any against act, matter, or thing, which is by this Ordinance made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of any such person either as to the carrying out of or the meaning of any of the provisions of Ordinance. this Ordinance, or whenever any of the provisions of this Ordin- ance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor ir Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation,

Governor in Council em- powered in any appeal to state case for

the opinion

of Full Court on question of law.

Order of Governor in Conncil enforced by the court.

Breach of condition of modification

or exemp- tion.

Registration

of modifica- tion and cancellation thereof.

1022

or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Coun- cil shall thereafter determine the matter in the absence of, and without further reference to, the Building Authority.

The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and docu- ments submitted by the respondent for the consideration of the Governor in Council

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.

162. In any appeal under the provisions of section 161 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and deter- mine the question of law arising on any case stated as afore- said, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

No proceedings by way of mandamus, injunction, pro- hibition, or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

163. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that court.

164. The breach of or failure to perform any term or condition attached to any modification of or exemption from any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

165. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the

proper- ty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the can- cellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

#

1023

Regulations.

166. The Governor in Council may alter, amend or Governor in revoke the whole or any part of the provisions of the Schedules Coaacil may and may substitute new provisions or new regulations therefor. Schedules

Application of Ordinance.

alter

and make

regulations

167.-(1) Sections 6 to 147 shall not apply to any part Application of the New Territories except to New Kowloon, unless the Governor in Council shall by order otherwise direct; and

(2) Sections 31 and 32 shall not apply to any domestic building which existed on the 29th day of December, 1894, unless such building is situated within the City of Victoria, or at Kowloon, New Kowloon, Quarry Bay, Shaukiwan, or Aber- deen, or within such other districts or places as may be notified by the Governor in Council.

(3) The provisions of sections 6 and 116 so far as they relate to authorised architects shall not apply in any case in which the Building Authority shall so decide, and the Governor in Council may direct the Building Authority to prepare type- plans and may make regulations in regard to such type-plans it approved, and domestic buildings may, notwithstanding any- thing to the contrary in this Ordinance contained, be erected in accordance with such type-plans and regulations in any part of the Colony outside the City of Victoria or Kowloon,

of Ordin- ance to New Territories. etc.

from

168. No legal liability whatever shall rest upon the Government Government or upon any Government officer by reason of the exempted fact that any buildings or works other than Government build- liability. ings or works have been or may hereafter be erected or carried out upon designs or plans or of type, construction or materials consented to or approved of by the Government or by any Government officer or by reason of the fact that any such works or buildings are subject to the approval or inspection of any Government officer.

liability

Authority,

169. No matter or thing done by the Building Authority Limitation or by any public officer or other person whomsoever acting of personal under the direction of the Building Authority shall, if it was of the done bonâ fide for the purpose of executing this Ordinance, Building subject them or any of them personally to any action, liability, and others. claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition, or other order un- less it is expressly so enacted.

170. The provisions of section 48 of the Interpretation Protection Ordinance, 1911, shall apply to actions or prosecutions com- of persons

                              acting under menced against the Building Authority or any person acting the Ordin- under his direction or any public officer or other person acting ance. in his aid, for anything done or intended to be done or omitted No. 31 of to be done under the provisions of this Ordinance.

Ordinance

1911.

171. Nothing herein contained shall be deemed to pre- Saving of vent or limit the exercise by His Majesty of any powers of rights of resumption contained in any Crown lease.

the Crown.

Amendment

of Ordin-

ance

No. 13 of 1914, s. 8.

Commence- ment.

1024

172. Section 8 of the Public Lighting Ordinance, 1914, is amended by the deletion of the words "section 186 of the Public Health and Buildings Ordinance, 1903", and by the substitution therefor of the words "section 93 of the Building Ordinance, 1935.

173. This Ordinance shall not come into operation until such date as the Governor shall notify by proclamation as the date of commencement of this Ordinance.

SCHEDULE A. [ss. 6 (1) (a) & 166.]

Notice of intention to commence or resume any Building Works.

HONG KONG,

19......

To the Building Authority,

hereby give you notice, pursuant to the Buildings intention to commence (or resume)

Ordinance, 1935, of

the following building work in accordance with the accompanying

plans, and that I have engaged

Authorised

Architect to give general supervision in and throughout the carrying out of such building works.

Particulars.

No. of Lot

Locality

Name and number of street (if any)

Width of street (if any) upon which building fronts

Purpose for which it is intended to use the building

Name and address of owner

Name and address of the authorised agent of owner (if any)......................

(Signature of owner or authorised agent)

(Statement of capacity in which the party signs)

1025

J

SCHEDULE B. [ss. 6 (1) (d), 14 & 166.]

Exceptional Buildings Regulations.

skeleton con-

The provisions of section 22 of the London County Council Buildings of (General Powers) Act, 1909, as the same may be amended from time iron and steel to time, and the Reinforced Concrete Regulations made by the London struction. County Council under the provisions of section 23 of the said Act, on Reinforced the 6th day of July, 1915, as the same may be amended from time concrete. to time, shall be deemed to be in force in every part of the Colony to which the Buildings Ordinance, 1935, for the time being and from time to time applies, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the said Ordinance and as the circumstances may require or render necessary, and with any modifications specially allow- ed by the Building Authority in any particular case.

2. The certificate referred to in section 6 (1) (d) of the Buildings Ordinance, 1935, shall be in the following form:-

Form S. 6 (1) (d).

I hereby certify that the plans and calculations submitted by me for the construction of

..on.....

have been prepared under my supervision or direction and that the said plans and calculations conform in all respects to the provisions of Section 22 of the London County Council (General Powers) Act, 1909, and all amendments (if any) thereof, and to the Reinforced. Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on the 6th day of July, 1915, and all amendments (if any) thereof, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the Buildings Ordi- nance, 1934, and the circumstances may require or render necessary and with any modifications specially allowed by the Building Autho- rity.

Dated

Authorised Architect.

SCHEDULE C.

[ss. 6 (1) (e) & 166.]

Certificate of Stability of Existing Buildings.

HONG KONG,

19......

I hereby certify that I have inspected the building known as

Lot No.

.... and

that in my opinion it is capable of bearing the weight and stresses of the repairs, alterations or additions proposed to be made in accord- ance with the plan submitted herewith, and of any additional weight or stress which in consequence of such repairs, alterations or addi- tions may be imposed upon it.

To

The Building Authority.

Authorised Architect.

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SCHEDULE D.

[ss. 6 (4) & 166.]

Certificate of completion of Repairs, Alterations or Additions.

HONG KONG,

19......

I

Authorised Architect hereby certify

that the repairs, alterations or additions to the building known as

Lot No.

... on ...

Section

have been completed in accordance with the plans approved by the Building Authority in the Buildings Ordinance file Ref. No.....

Authorised Architect.

SCHEDULE E.

[ss. 58 & 166.]

Undertaking with regard to verandah (or balcony) to be erected on or over Crown land.

...... hereby agree in consideration of being permitted by His Ex- cellency the Governor to erect a verandah (or balcony) over unleased Crown land adjoining house No. No.

on

Lot

1. That during the construction of the said verandah (or balcony) will in no way deviate from the plans and drawings ...... and deposited in the

thereof supplied, signed by office of the Building Authority.

2.

That

will always keep the said verandah (or balcony) in good order and repair and will colourwash, paint and. cleanse the same and will keep clean the footpath underneath the same whenever required by the Building Authority to do so and will not use or permit to be used any portion of the structure for the display of advertisements other than the name or names of the occupiers, together with such appropriate business descriptions as are necessary for the purpose of identification.

3. That

      will always give free ingress to the Building Authority or any officer authorised by such Authority to enter the premises and examine the verandah (or balcony).

4. That should the land on or over which such verandah (or balcony) is to be erected be, at any future time, required by the Government for any public work, improvement, or other public hereby undertake on receipt of a notice in writing from the Building Authority to remove at expense the whole of the structure within a period of three months from the date of such notice, and without making any claim for com- pensation on the Government for such removal.

purpose

own

5. That in the event of

.... Street being hereafter raised or lowered

hereby undertake on receipt of a notice. in writing signed by the Building Authority to raise or lower within a period of three months from the date of such notice and at own expense the whole of the ground floor surfaces to such levels as shall be determined by the Building Authority and further undertake to make no claim for compensation on the Government in respect of such raising or lowering.

6. That

will always comply with all regulations from time to time in force relating to verandahs and balconies.

7. And that this agreement shall be binding also on executors, administrators and assigns.

Dated the

day of

Witness to signature.

19......

Signature of owner of Lot No.

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SCHEDULE F.

[ss. 58 & 166.]

Undertaking with regard to areas for the admission of light and air into basements to be constructed on unleased Crown land.

hereby agree in consideration of being permitted by His Excellency the Governor to construct as an encroachment on unleased Crown land the following works:

adjoining house No.

on

Lot No.

1. That

     will in no way deviate from the plans and drawings of such works supplied, signed by deposited in the office of the Building Authority.

2. That

and

will keep the whole of the said works in good repair, and not permit the accumulation of rubbish therein or the use thereof for storage purposes, or as a smokehole or in any way other than as a channel for the admission of light and air.

3. That

     will always give free ingress to the Build- ing Authority or any officer authorised by such Authority, to enter the premises for the purpose of inspection.

4. That should the land occupied by such works be at any time required by the Government for any public work, improvement or other public purpose

hereby undertake, on receipt of

a notice in writing from the Building Authority, to remove at own expense the whole of such works within a period of three months from the date of such notice and without making any claim for compensation on the Government for such removal.

5. That

will always comply with all regulations from time to time in force relating to areas.

6. And that this agreement shall be binding on executors, administrators and assigns.

Dated the

Witness to signature.

day of

19......

Signature of owner of Lot No.

SCHEDULE G.

[ss. 58 & 166.]

Verandah and balcony regulations.

Notwithstanding anything contained in these regulations no struc- tural alteration shall be required to be made in any verandah, balcony or basement already constructed in compliance with the regulations in force at the time.

1. Except as hereinafter mentioned any verandah projected over any street from the ground storey of any building shall not be less than ten feet wide, between the face of the wall from which it is projected and the inside face of the base of the piers or columns upon which it is supported.

As far as practicable, unless the Building Authority shall other- wise direct, the external face of the base of the piers or columns shall align with the face of the kerb of the side walk.

2. Any such verandah shall not be less than eleven feet high measured from the top of the kerb-stone or, if there is no kerb-stone, from the level of the centre of the street to the underside of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

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3. Any balcony projected over any street shall have a clear height underneath every part thereof of at least eleven feet measured from the top of the kerb-stone, or, if there is no kerb-stone, from the level of the centre of such street.

4. Any such verandah, balcony, or part thereof, projected over any street from any storey higher than the ground storey of any building, shall not be less than ten feet high. Such height shall be measured from the floor of the verandah, or balcony, to the under- side of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

5. The ends of all such verandahs or balconies, which do not abut on any verandah or balcony existing at the date of their con- struction, shall be left open and shall be finished in all respects in a similar manner to the front elevation thereof.

6. Special plans and drawings of any such verandah or balcony shall be submitted to the Building Authority and shall be on tracing. cloth and such plans and drawings shall be drawn to a scale of not less than one-tenth of an inch to the foot, and the details of all brackets, mouldings, caps, cornices, balustrades, and similar parts of the proposed structure, shall be drawn to an uniform scale of one inch to the foot. Such plans and drawings shall clearly show the lines and levels of existing kerbs and any proposed alterations to such lines or levels. Figured dimensions shall be given of such proposed alterations.

7. Any such verandah or balcony shall be constructed of iron, stone, brick or other incombustible material approved by the Build- ing Authority, except that the piers of every verandah shall on the ground floor of any building be made of cut stone worked straight, the exposed faces of which shall be extra fine punched or of other incombustible material approved by the Building Authority.

8. All bressummers and lintels, in connection with any such verandah or balcony, shall be constructed of iron or other incom- bustible material approved by the Building Authority.

9. The roof and floors of any such verandah or balcony shall be provided, to the satisfaction of the Building Authority, with gutters laid to a proper fall and with down-pipes to carry off water.

10. In the case of balconies any bracket, which is not built into any party or cross wall or main wall other than the wall from which it projects, shall have its top member extended for a length of att least three feet underneath the floor joists, or be otherwise anchored down in a manner satisfactory to the Building Authority.

or

11. The foot-path or roadway underneath any verandah balcony over unleased Crown land or projecting beyond any such verandah or balcony out to the kerb-stone shall be paved with fine cement-concrete at least four inches thick, or finely dressed granite stones, not more than eighteen inches square, closely jointed and laid on a bed of lime-concrete, or with such other materials as may be approved by the Building Authority, by the owner for the time being of the property from which such verandalı or balcony projects, who shall maintain the same in good order, to the satisfaction of the Building Authority: Provided that wherever the Building Authority may consider it expedient to do so he may lay or repair any such foot-path or roadway at the expense of the owner, as afore- said, who shall pay into the Treasury, within seven days of the date of notice, the amount certified by the Building Authority as being due in respect of the work done, and in default of such payment the Building Authority may recover such amount by an action in the Supreme Court in its summary jurisdiction.

12. No verandah or balcony shall hereafter be constructed over any street unless the building from which it projects has a clear and unobstructed courtyard, backyard, back lane, or other open space, belonging exclusively to such building and extending across the entire width and in the rear of such building and of a minimum depth of eight feet:

Provided that:-

(a) A bridge or covered way, not exceeding three feet and six. inches in width, when such is necessary for giving access to buildings in the rear of the property, shall not be deemed an obstruction to such courtyard, backyard, back lane, or other open space, within the meaning of this regulation.

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(b) The Building Authority shall have power to modify this regulation in any case in which he may consider it expedient to do so.

SCHEDULE H.

[ss. 58 & 166.]

Signboard Regulations.

1. No signboard shall be hung or fixed or maintained over any roadway unless a clear space of not less than fourteen feet be left between the signboard and the level of the road-way and no signboard shall be hung or fixed or maintained over any footpath unless a clear space of not less than nine feet be left between the signboard and the level of the footpath.

2. No signboard which projects more than six inches from the face of a building and of which the maximum width exceeds fourteen inches shall be of a greater area than twenty square feet.

3. No signboard which is attached to the face of any building shall project more than four feet from such face unless such sign- board is fixed to the underside of the floor of a verandah or balcony.

4. No signboard of which the maximum height exceeds five feet shall project more than two feet from the face of a building.

5.

No signboard, which is attached to the face of a verandah or balcony shall extend for a greater height than three feet above the level of the floor of such verandah or balcony unless it be hung or fixed at right angles to the face of such verandah or balcony.

6. Every signboard shall be secured with proper and sufficient fastenings which shall be fixed and at all times maintained to the satisfaction of the Building Authority.

7. Every signboard which fails to comply with the above con- ditions will be treated as a contravention of the Buildings Ordinance, 1935. Provided that distinctive signboards such as those used by pawnbrokers will be permitted so long as they comply with the pro- visions of condition No. 6 and conform to a design and size approved by the Building Authority.

SCHEDULE J.

[ss. 104 & 166.]

Drainage (including water closets and urinals) Regulations.

1. Nothing in these regulations shall affect any existing drain, sewer, water closet or urinal constructed and maintained in com- pliance with by-laws or regulations previously in force until such drain, sewer, water closet or urinal shall become defective.

2. In these regulations,

(a) Drain means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed, and "main drain " means the whole of such drain excluding any branches thereof.

(b) "Sewer" includes sewers and drains of every description except drains to which the word drain interpreted as aforesaid applies.

3. Any owner or occupier of private premises about to construct, reconstruct, alter or amend any drain shall give the notice and for- ward the plans required by section 6 of the Buildings Ordinance, 1935. Such plans must show the whole of the drainage works pro- posed to be carried out, the diameter of the pipes, their gradient and their connexion to the main drain, sewer, channel or nullah, and

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also the levels and sizes of any existing drains crossed by or adjacent to such new drains. Copies of Schedule A in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of the villages, at any village police station between 10 a.m. and 4 p.m.:

Provided that when drainage works are being carried out in conjunction with other works it shall only be necessary to forward one form as set out in Schedule A, which must however contain particulars of the whole of the works including such drainage works.

Note. The approval of plans by the Building Authority under these regulations certifies simply to the fact that the plans are in accordance with the Buildings Ordinance, 1935, and with the re- gulations made thereunder, but signifies no approval of the sufficiency or otherwise of the plan and throws no responsibility on the Build- ing Authority.

4. Any person carrying out excavations for drainage works on any premises contiguous to a public thoroughfare, whereby the safety of the public may be jeopardized, shall light such excavations by means of a lantern or lanterns kept lighted through the night, and he shall further provide watchmen, erect hoardings and otherwise take such precautions as may be necessary for securing the safety of the public and the protection of adjoining properties.

5. Covered drains and sewers shall be made of impervious materials, to be approved by the Building Authority, with smooth internal surfaces, such as well glazed earthenware pipes or cast-iron pipes protected against rust or corrosion by suitable asphaltic coat- ing, and shall be so constructed as to be water-tight and air-tight. In jointing pipes with cement, tarred hemp shall be caulked into the joints before the cement is applied, and care shall be taken that no cement or other jointing material projects from the joints into the interior of the pipes, and any such projecting material or other irregularities in the bore of the drain or sewer shall be carefully removed.

6. All drains and sewers shall be laid so as to have a firm bed throughout their length. Where the bottom of the trench is in rock or similar hard substance, the pipes shall be firmly bedded in suitable selected material free from large stones and well rammed into place. Where such drains or sewers are laid under a wall, they shall be protected by means of a relieving arch.

7. All stone-ware pipes shall be well glazed and free from cracks and flaws and shall have a thickness of not less than one-twelfth of their diameter.

8. That portion of the drain of any building which is immedi- ately connected with any sewer shall (unless specially exempted by the Building Authority) be provided with a suitable and efficient. intercepting trap at a point situate on the ground of the owner of the drain as distant as may be practicable from such building and as near as may be practicable to the point at which such drain is connected with such sewer. Adequate means of access shall be provided to every drain by a manhole or disconnecting chamber or other means of access to be approved by the Building Authority for the purpose of cleansing the drain. All manhole and disconnecting chambers shall be constructed of brickwork at least nine inches in thickness built in cement mortar so as to be water tight up to the level of the adjacent ground and every drain or sewer connecting into such manhole or disconnecting chamber shall be continued along the floor of the chamber by means of open half- channel pipes set in a bed of cement concrete. The surface of the concrete shall be raised above the edges of the half-channel pipes and shall be floated with neat cement all over so as to present a smooth and impervious surface. Where tributary drains are nected to the main channel the manhole bottom shall be benched up in cement concrete at an angle of forty-five degrees and finished at the channel with a bull nose edge and such tributary drains shall be formed by means of curved half-channels similarly laid in the benching and made to discharge over the main channel.

con-

All manhole and disconnecting chambers shall be fitted with air tight covers and frames to be approved by the Building Authority.

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9. All covered drains and sewers shall be laid in straight lines and regular gradients between the points at which any change of direction occurs, and all changes of direction shall be made by means of properly curved pipes or by half channels in manholes.

10. Concrete for encasing drains or sewers shall be composed of four parts of good sound clean stone, broken to pass through a one inch ring, two parts of sand and one part of Portland cement thoroughly well mixed and well rammed into place or of such other materials and in such proportions as the Building Authority may

approve.

11. Cement-mortar for the jointing of pipes or any other work shall be mixed in the proportions of not more than three parts of clean sharp sand to one part of good Portland cement and used fresh.

12. No covered drain or sewer shall be less than four inches in clear internal diameter, but the Building Authority may require any covered drain or sewer to be constructed of a larger diameter.

13. Subject to the limitation mentioned in regulation No. 12 of these regulations, no drain or sewer shall be larger than is neces- sary in the opinion of the Building Authority to carry off the sewage of the premises drained or the sewage with the rain-water, which, under conditions hereinafter specified in regulations Nos. 35, 36 and 37 of these regulations, shall be admitted to the drain.

14. Every drain. or sewer shall have the maximum fall, throughout its length, that the relative levels of the public sewer and of the most remote inlet will admit of:

Provided always-

(a) that, if the available fall exceeds 1 in 30, the part of the drain or sewer more remote from the public sewer may be laid with a fall of 1 in 30; and the remainder, with such greater fall as may be necessary to connect with the public sewer;

(b) that, if the excavation necessary to obtain the maximum available fall, is likely in the opinion of the Building Authority to endanger the stability of the adjoining or neighbouring property, the gradient may be modified to such extent as the Building Authority may approve.

15. Whenever the available fall for a covered drain or sewer is less than 1 in 30, the Building Authority may require the gradient of the drain or sewer to be varied by increasing such gradient in the upper portion of such drain or sewer and by reducing it in the re- maining portions.

16. Whenever the gradient of any portion of a covered drain or sewer is less than 1 in 30, the Building Authority may require an automatic flush tank or any other suitable contrivance for attaining an effective flush to be provided to his satisfaction.

17. No drain or sewer shall be so constructed as to pass under any domestic building except when any other mode of construction is impracticable. Any drain or sewer passing under a building shall be of cast-iron pipes coated inside with Dr. Angus Smith's patent composition, or of other material approved by the Building Authority, and all such pipes shall be of a quality to be approved by the Build- ing Authority and the joints shall be properly caulked and run with lead, and (unless the written permission of the Building Authority has first been obtained to lay the drain or sewer otherwise) shall be laid in one straight line for the whole distance beneath such build- ing, and shall be imbedded and encased throughout its entire length in four inches of concrete as specified in regulation No. 10 of these regulations.

18. Whenever a covered drain or sewer traverses soft or yield- ing ground, or when water may make its appearance in the trench, the drain or sewer shall be surrounded throughout its entire length with not less than four inches of concrete as specified in regulation No. 10 of these regulations.

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19. No drain or sewer shall be constructed in such manner as to allow any inlet to such drain or sewer to be placed inside any roofed building, (except such inlet as may be necessary from the apparatus of any water closet or urinal):

Provided that, if in the opinion of the Building Authority it is impracticable to comply with this regulation in respect of any pre- mises without encroaching or unleased Crown land, the Building Authority shall, on payment by the owner of such premises of a fee of twenty dollars, construct an inlet on Crown land to receive the drainage of such premises and connect such inlet with a sewer. The cost of cleansing and maintaining such inlet shall thereafter be borne by the owner for the time being of the said premises, and may be recovered by the Building Authority from such owner by an action in the Supreme Court in its summary jurisdiction.

20. The aggregate area of the openings in any grating fixed on the inlet to a waste-pipe from a bath or sink shall not be less than four square inches and such waste-pipe shall not have a less internal diameter than one and a half inches.

21. Every inlet to a drain or sewer shall be provided with a trap of a pattern to be approved by the Building Authority. All surface. traps and gulleys shall be provided with hinged gratings having the nett area of the openings not less than twice the area of the trap or pipe. Such gratings shall be sunk to a depth of at least one inch below the surrounding surface with a slope round them equal to half the width of the grating.

22. Traps shall have not less than two inches of water seal and shall be properly fixed and jointed to the satisfaction of the Building Authority. All stone-ware traps shall be surrounded with four inches of concrete as specified in regulation No. 10 of these re- gulations.

23. No person shall construct or fix in connexion with any drain or waste-pipe the form of trap of the kind known as the bell- trap or any trap of the kind known as the D trap.

24. Every covered main drain or sewer carrying sewage or sullage-water shall be ventilated at its upper end by carrying up in the open air an iron ventilating pipe of a diameter of not less than four inches to a height of not less than three feet above the eaves of the building to which it is affixed or of any of the immediately adjoining buildings, and clear of all windows, sky-lights or other openings as required by the Building Authority. The joints of all such pipes shall be properly caulked and run with lead.

25. Every covered main drain or sewer carrying sewage or sullage-water shall, if required by the Building Authority, have a ventilating opening near to its lower end and in the open air, and no trap or other obstruction to the free circulation of air shall exist be- tween this opening and the one described in regulation No. 24 of these regulations.

When a covered main drain receives the drainage of more than one building, the Building Authority may require additional provision for ventilation of the branch drain from each building.

26. All eaves-gutters shall be of cast-iron or other material approved by the Building Authority and shall be securely fixed at a proper gradient and connected to rain-water pipes to the satisfaction of the Building Authority.

27. Rain-water pipes and waste-pipes from baths, sinks and other similar appliances on the upper floors of buildings shall be fixed, as far as may be practicable, vertically, and shall be of cast- iron socketed pipes jointed with yarn and red lead, or wrought-iron pipes, with screwed joints, coated with bituminous composition, or galvanised, or pipes of other approved materials, securely fixed outside the wall, and in the open air, by means of heavy wrought-iron bands fitted round the pipe, and made fast with wrought-iron spikes not less than four inches long, or in the case of iron pipes by means of ears, made fast as above described and provided, at each point of con- nexion, with a suitable head, and at their lower extremity with a bend, shoe, or pedestal pipe. Every opening in the wall of a build-

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ing for the discharge of sullage-water shall be of a suitable size and entirely protected to the satisfaction of the Building Authority by a fixed grating of cast-iron or other material to be approved by the Building Authority.

Provided that in the case of rain-water pipes and waste-pipes abutting on any street, cast-iron or wrought-iron pipes only shall be used, properly jointed as above described, (unless permission has been granted by the Building Authority to use pipes of other mate- rial), and wherever practicable rain-water pipes shall be carried under the foot-path and shall discharge into the side-channel.

Note.-Zinc, tin-plate, riveted or lap-jointed sheet-iron will not be permitted.

28. No waste-pipe (other than a soil pipe from a water closet or urinal) and no rain-water pipe shall be connected directly with any covered drain, but every such pipe shall be brought down to within one foot from the ground and shall discharge in the open air near to or over a trap.

29. No rain-water pipe from the roof of a building shall be used as a ventilating pipe for any drain which communicates or is de- signed to communicate with a sewer.

30. Any person who may have laid any drain or sewer or con- structed drainage works connected therewith shall not cover up such drain sewer or works until the same shall have been previously in- spected and passed by the Building Authority or an officer deputed by him, and every such person shall give three clear days written notice to such Authority that such drain or sewer or works are ready for inspection, and such notice shall be delivered at the office of the Building Authority in a form of which printed copies in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of villages, at any police station. between 10 a.m. and 4 p.m. : Provided that in all cases where plans or a notice signed by an authorised architect have been submitted under regulation No. 3 of these regulations, the notice referred to in this regulation shall, if the Building Authority so requires, be signed by an authorised architect.

31. Before any drain or sewer is covered in, it shall be inspect- ed and tested by the Building Authority or an officer deputed by him to ascertain whether it is water-tight and air-tight; and no drain or sewer that fails in either of these respects shall be passed. A fee of twenty dollars shall be paid by the person who signs the notice referred to in regulation No. 30 of these regulations for every inspec- tion after the first if the Building Authority is satisfied that such further inspection has been necessitated by negligence or by bad workmanship or the use of improper materials. After a drain or sewer has been passed, the earth shall be carefully filled in, above and around the drain or sewer, and thoroughly rammed and con- solidated. For a depth of at least six inches above the summit of the sockets of the pipes, selected material, free from stones larger than will pass through a two inch ring, shall be used in filling in the trench.

22. Surface channels shall be constructed of impervious mate- rials to be approved by the Building Authority and of such section as the Building Authority may approve, and shall be finished off smooth and laid to regular gradients of not less than 1 in 80 unless the Building Authority shall permit a less gradient.

33. The floors of all kitchens, sculleries, bathrooms, stables, cow- sheds and the like, shall, where practicable, be laid to proper falls, and shall be elevated above the ground outside the building, and shall be provided with surface channels passing out through the wall and delivering above a trapped gulley outside. When new drains are being laid and where the floor is at the level of the ground out- side, such surface channel shall be connected to a trap outside the house by a straight pipe terminating above the water level and below the grating of the trap, which shall be accessible and in free com- munication with the open air. Every such opening in the wall shall be of a suitable size and entirely protected by a fixed grating, at its upper end, to the satisfaction of the Building Authority.

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34. All surfaces of backyards and paved areas of premises wherever practicable shall have a fall towards the trap or inlet of the drain of not less than 1 in 40, and such inlet shall be placed as far from the walls as practicable.

35. Open surfaces such as backyards, courtyards or other spaces on which slops are thrown, or from which foul water flow, shall be provided with trapped connexions to the covered drains for the re- moval of such waters as well as some of the rain-water.

36. Wherever an outlet is available, surface channels shall be provided to carry excessive rainfall from the premises, and these channels shall be properly connected with a storm water-channel or drain. As many four inch traps as the Building Authority may approve shall be placed in such surface channels and connected with the covered drains for the purpose of flushing the sewers.

37. The rain-water from roofs which slope towards inclosed courtyards or backyards may, if diversion to the surface channel is impracticable, be received into the covered drains, but no ventilat- ing pipe shall be used for the conveyance of rain-water from the roof.

38. No person shall, where it can possibly be avoided, lay any pipe for conveying sub-soil drainage in such manner or in such position as to communicate directly with any sewer, cesspool, or covered drain used for the conveyance or reception of sewage.

39. In every case where the course of a drain or sewer shall be diverted, any cesspool previously existing and into which such drain or sewer may have previously emptied, shall be cleansed, deo- dorized and filled with clean earth.

40. Every water-closet and urinal in a building shall, unless exempted by the Building Authority, be constructed against an external wall, and all apparatus shall be fixed as near to such external wall as in the opinion of the Building Authority is practicable.

41. Every water closet and urinal shall be furnished with a separate cistern or flushing box unless the Building Authority shall otherwise permit. In the case of water closets such cistern or flush- ing box shall be so constructed, fitted and placed as to admit of a supply of water to such closet, basin, or other receptacle of not less than two gallons and not more than three gallons each time such basin or other receptacle is used.

Such cistern or flushing box shall in all cases, except where it is in connexion with a valve-closet, be of the type known as Water Waste Preventor.

Such cistern shall be provided with a suitable ball-cock fixed on the supply pipe, and it shall be furnished with an overflow pipe carried through the external wall of the building into the open air and terminating in a conspicuous place.

Provided that, in the case of trough water closets and urinals, such cistern or flushing box shall be of automatic action and of such size and pattern and discharging at such intervals as may be ap- proved by the Building Authority.

42. Every water closet and urinal shall be furnished with a suitable apparatus for the effectual application of water to any basin, or other receptacle with which such apparatus may be connected and used, and for the effectual flushing and cleansing of such basın or other receptacle, and for the prompt and effectual removal there from of any solid or liquid filth which may from time to time be deposited therein.

Every water closet or urinal shall be furnished with a basin or other suitable receptable or receptacles of non-absorbent material, and of such shape, capacity, and mode of construction as to receive a sufficient quantity of water; and every such receptacle in con- nexion with a water closet shall in addition contain a sufficient quantity of water to allow of all filth which may from time to time be deposited therein to fall directly into the water. Every such receptacle shall be provided with a suitable trap, having a water seal of not less than one and a half inches.

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No container or other similar fitting shall be constructed or fixed under such receptacle.

No trap of the kind known as the D trap shall be constructed or fixed in connexion with any such water closet or urinal apparatus.

43. No water closet or urinal or receptacle shall be directìy con- nected with any water service pipe.

44. No flush-pipe connecting any water closet apparatus with the cistern shall be less than one and a 'quarter inches in internal diameter throughout its length and no flush-pipe in connexion with any urinal shall be less than three-quarters of an inch in internal diameter throughout its length.

45. No water closet or urinal apparatus or receptacle shall be cased in.

46. Every water closet and urinal shall be provided with an efficient soil pipe of cast-iron or wrought-iron securely fixed to the wall in the manner described for ventilating and waste-pipes; and such soil pipe shall be not more than (unless required by the Build- ing Authority) four inches in diameter in the case of water closets and not more than (unless required by the Building Authority) two inches in diameter in the case of urinals, and shall be properly con- nected to the drain at the foot, and shall be continued up in full diameter without bends or angles except where unavoidable, and shall terminate in an open end at least three feet in height above the eaves of the building to which it is affixed or of any adjacent building, and not less than ten feet from any window.

Such soil pipe shall be jointed with yarn and molten lead and well caulked.

Every soil pipe shall be provided with proper junctions for con- necting with the water closet or urinal receptacle, the trap of which shall be connected in a sound and substantial manner. shall receive any pipe other than that from a water closet apparatus No soil pipe or urinal, and no trap shall be fixed in any portion thereof.

Every soil pipe shall be fixed throughout its entire length out- side the building in the open air.

47. When more than one trap for a water closet or urinal re- ceptacle is connected with a soil pipe, the trap of each and every such receptacle shall be provided with an air-pipe of cast iron or lead not less than one and a quarter inches in diameter in the case of urinals and not less than two inches in diameter in the case of water closets, which shall be carried up throughout its entire length outside. the building, and shall either be connected to the soil pipe above the connexion with the uppermost trap, or shall terminate not less than three feet above the eaves of the building and not less than ten feet from any window.

48. All joints, pipes, fittings and apparatus in connexion with any water closet or urinal shall be perfectly water-tight and air-tight, and fixed to the satisfaction of the Building Authority.

49. All drains, sewers, and drainage works shall be built and carried out in all respects in accordance with the provisions of the Buildings Ordinance, 1935, and of these regulations and of any that may be made hereafter, and if no written notice provided by re- gulation No. 3 of these regulations shall have been given to the Building Authority by any owner or occupier about to construct, reconstruct, alter, repair, or amend any drain or sewer on his pre- mises, and if by such default the Building Authority shall have had no opportunity of inspecting and approving or disapproving of any such drain, sewer or drainage works actually built and already cover- ed in, it shall be lawful for the Building Authority on discovering the existence of such drain or drainage works to call upon such owner or occupier to open and uncover the same for the purpose of inspection, and should such drain, sewer, or drainage works prove upon inspection to be defective either in respect of design, work- manship, or materials, they shall be deemed a nuisance under the aforementioned Ordinance and dealt with accordingly.

1036

50. All works connected with the construction of drains, sewers, and connexions shall be carried out in strict accordance with the plans and sections previously submitted to and approved by the Building Authority, or with such amendments to such plans and sections as may have been required by him, to make them comply with the provisions of the Buildings Ordinance, 1935, and such works shall be carried out in a proper and workmanlike manner with the best materials of their respective kinds, and shall be subject during their progress to the control and supervision of the officers of the Building Authority appointed in that behalf and shall be completed to the entire satisfaction of the Building Authority.

51. Whenever any drain or sewer is about to be constructed or reconstructed, the Building Authority shall have power to require the provision of a surface channel of approved materials and design, in lieu of a covered drain or sewer, in any position in which a covered drain or sewer may appear to him to be undes.rable.

Waste-pipes from buildings and surface channels from kitchens, sculleries, bathrooms, stables, cowsheds and the like shall discharge into such surface channel without the intervention of a trap; but any communication between such surface channel and a covered drain or sewer shall be by means of a trap.

52. The position and depth of any sewer to which it is proposed to make a connexion shall be ascertained by the person submitting any plan or notice relating to any drainage works. The Building Authority shall, on application being made to him by such person, open the road or footway where necessary to enable such information to be obtained, but the cost of such opening and of the reinstate- ment of the surface shall be borne by the applicant.

53. The Building Authority, or any officer deputed by such Building Authority may, with such assistants as may be necessary, enter any building, curtilage or works, and may open the ground. surface or take such other action as he may consider necessary for the purpose of inspecting and supervising the works to be carried out or about to be carried out under these regulations: Provided that any damage caused to the owner by reason of such inspection shall be made good by the Building Authority at the public expense should the work of which inspection is made be found sound and good.

54. In any case in which the Building Authority may consider the provisions of any of these regulations inapplicable or inexpedient, he may grant such modifications or exemptions as he may consider necessary.

.

SCHEDULE K.

[ss. 116 & 166.]

Certificate with regard to compliance with Ordinance.

I

HỒNG KONG,

certify that the new building, viz.:

on

Lot No.

19......

J

Authorised Architect, hereby

Sec.

comply/complies

in all respects with the provisions and requirements of the Build- ings Ordinance, 1935 (including all regulations and by-laws made thereunder), and is structurally safe.

I therefore request that a written permit to occupy such building may now be granted to

the registered owner of this/these building as required by Section 116- of the said Ordinance

Το

The Building Authority.

Authorised Architect.

i

1037

SCHEDULE L.

[ss. 121 & 166. Į

Matshed regulations.

1. In these regulations,

44

GENERAL.

"

matshed includes structures of wood, Inter-

mats, palm leaves, thatch or other inflammable material.

pretation.

2. No matshed shall be erected or maintained within fifty yards Proximity to of any other building unless with the permission in writing of the buildings. Building Authority.

3. Every application for permission to erect a matshed shall specify the proposed dimensions of the matshed, the period of time for which such matshed is required and, if it is intended for habita- tion by more than two persons, the maximum number of persons it is intended to accommodate at night; and no matshed shall be used for habitation by more than two persons unless the permission to erect such matshed expressly states that it may be so used.

Application.

4. No part of the structure of any matshed shall be within ten Proximity to feet of any telegraph or telephone wire or electric cable.

telegraph and telephone wires.

or

Contraven-

5. The permit-holder shall be responsible for any

any act omission by which any of these regulations is contravened and shall tions. indemnify the Government and the Building Authority from all and every claim that may be brought against the Government, or the Building Authority, in respect of sanctioning the erection of the mat- sheds referred to in such permit.

6. Any contravention of these regulations and any breach of the Penalty. conditions of a permit will entitle the Building Authority to cancel and withdraw the permit without notice, and will render the person responsible for any such contravention or breach liable upon summary conviction to a penalty not exceeding one hundred dollars.

7. Every matshed shall, at all times, be kept in a cleanly con- Sanitary dition, and all garbage and other refuse matters shall be removed maintenance. therefrom at least once every twenty-four hours and be properly dis- posed of to the satisfaction of the Sanitary Board.

8. On the expiry of the permit the permit-holder shall remove Removal. such, matshed without delay and shall clear the site to the satisfaction of the Building Authority.

SPECIAL REGULATIONS FOR MATSHEDS USED OR INTENDED TO BE USED FOR HABITATION.

9. The following regulations apply only to matsheds used or in- Application tended to be used for habitation by more than two persons.

of Regula- tions. 10-19.

10. The site of every such matshed shall be levelled, and the Freparation site, including the ground surface for a distance of not less than three of site. feet from the outer walls of such matshed, shall be covered with a layer of good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority and provided with channels graded to discharge where required by the Building Authority.

Provided that in all cases in which the floor of the matshed averages at least two and a half feet above the ground and the space below such floor is not inclosed, or in which the matshed is erected over water, the foregoing requirements may with the permission of the Building Authority be dispensed with.

11. No such matshed may be erected in such a manner that Distance any part of any external wall of such matshed is at a less distance than from hill- eight feet horizontally from any cutting.

side.

!

Notice to be affixed.

Kitchens.

Latrines.

Drainage.

Over- crowding.

Sleeping

accom-

modation.

Exemption.

Protection of planta- tions.

1038

12. A board shall be exposed on the outside of every such mat- shed containing the following information: --

(a) Name of permit-holder.

(b) Number of permit.

(c) Date of issue of permit.

(d) Duration of permit.

(e) Maximum number of persons it is intended to accom-

modate.

13. The ground surface of every kitchen used in connexion with any such matshed shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority.

14. Adequate latrine accommodation shall be provided for the occupants of every such matshed and the ground surface of every such latrine shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth and graded and channelled to the satisfaction of the Building Authority. Every receptacle in a pail latrine shall be fly proof.

15. Adequate arrangements, to the satisfaction of the Building Authority, shall be made for the drainage of every such matshed, and also of every such kitchen and latrine, as well as of the ground im- mediately surrounding them. Adequate provision shall also be made. for conducting all sullage-waters into a public sewer, if available, failing which, they shall be disposed of as the Building Authority may direct.

16. Each occupant of any such matshed shall be provided with at least thirty square feet of unobstructed floor area and three hun- dred and thirty cubic feet of clear and unobstructed internal air

space.

17. Every such matshed upon a site that is concreted shall be provided with suitable beds or bunks for the use of the occupants, and such beds or bunks shall be at least two feet above the floor of such matshed.

18. In all cases in which any such matshed is intended to be used for occupation for a period not exceeding three months, and is occupied by not more than twenty persons, the Building Authority may, in his discretion, exempt such matshed from compliance with any or all of the foregoing provisions: Provided always that such exemption shall not be deemed to protect the permit-holder from legal action in the event of a nuisance arising from the erection of such matshed.

19. The Building Authority may require the applicant for per- mission to erect any matshed intended for the housing of more than two persons to sign an undertaking in the following form, and to make a deposit in the Treasury of a sum to be fixed by the Building Authority, not exceeding five hundred dollars for each matshed, as security for the performance of such undertaking.

UNDERTAKING TO PROTECT TREES, &c., NEAR MATSHED.

for the

In consideration of the issue to the undersigned of a permit to erect ......matshed...... at....... housing of [workmen]

hereby undertake to make good any loss or destruction of or damage to any trees, shrubs or under growth or other Government property on unleased Crown land within a distance of five hundred yards from any part of any matshed erect- ed under such permit, occurring while such matshed stands, unless can prove to the satisfaction of the Building Authority that such loss, destruction or damage has not occurred through the act, neglect or default of any person employed by or any person making use of any such matshed, and

hereby agree that the amount of any such loss, destruction or damage for which

may be liable

1039

under this document, as assessed by the Superintendent of the Botanical and Forestry Department, may be deducted from the su

have deposited with the Treasurer as

of $............ which

security for that purpose.

As witness

19......

Witness.

hand this

day of

SCHEDULE M.

[ss. 123 & 166.]

EARTH CUTTING, &C. REGULATIONS.

Regulations as to obtaining stone, earth, sand, clay or turf from Crown land.

1. No person shall cut or remove earth, sand, clay, or turf, or collect, extract, split, blast or remove stones from any land not under lease from the Crown, without having previously obtained a written permit from the Director of Public Works, and such permit must be kept by the head workman on the ground and shall be pro- duced whenever required by the Director of Public Works or any officer deputed by him, or by the police, and shall have stated in it the period for which it will be available.

2. The place where stone, earth, sand, clay or turf is to be obtained shall, where practicable, be stated in the permit.

3. As each case may require special precautions, the permit holder must obey any special instructions of the Director of Public Works indorsed on the permit.

4. Permits for the obtaining of stone will be limited to the collection of loose boulders.

5. Any permit may be limited to the collection of a stated quantity.

6. No stone shall be rolled on to, or left deposited upon, any public road or allowed to roll over any hill-slope to the danger of life or property or to the detriment of trees.

7. All escarpments caused by the cutting on unleased Crown land must be sloped uniformly and properly turfed upon completion of the excavation.

8. Any infringement of these regulations will entitle the Director of Public Works to cancel and withdraw the permit without notice, and will render the person to whom the permit was granted liable upon summary conviction to a penalty not exceeding one hundred dollars.

9. The Director of Public Works shall have power at any time to cancel and withdraw a permit, without giving any notice or assign- ing any cause for such withdrawal.

10. The permit-holder is to provide a competent foreman, who is to remain on the ground during the whole of the time the men are obtaining the material, for the purpose of ensuring that the work is carried out without undermining or prejudically affecting or endangering the stability of any bank or of any land or property adjoining, and to prevent the rolling of stones over any hill-slope to the danger of life or property or to the detriment of trees, and to see that all regulations and conditions attached to the permit are properly complied with.

11. The charges to be made in respect to each and every permit granted by the Director of Public Works under these Regulations shall be determined by him in each case.

1040

12. As regards the New Territories, except New Kowloon, these Regulations shall be read and construed as if the words "District Officer

appeared instead of the words Director of Public Works.'

66

Note:-Any contravention of the Buildings Ordinance, 1935, as regards the above matters renders not only the labourer doing the work, but the permit-holder, contractor, or foreman under whom such labourer is working, liable to the penalty provided by such Ordinance.

No.

SCHEDULE N.

[ss. 127 & 166.]

Notice to abate a building nuisance.

OFFICE OF THE BUILDING AUTHORITY,

HONG KONG,

19......

To A.B.,

It has been brought to my attention that a nuisance exists

your situated

which contravenes section

Lot No.

viz.:

... of the Buildings Ordinance,

1935. I have therefore to give you notice under the said Ordinance to abate the nuisance within a period expiring on

by

(Signed)

Building Authority.

Objects and Reasons.

1. One of the recommendations in the Report of the Director of Medical and Sanitary Services on the need for re-organization of the Medical and Sanitary Services is that Regulations regarding the construction of buildings should come under a Buildings Ordinance.

2. Hitherto this subject has been dealt with under the Public Health and Buildings Ordinance (No. 1 of 1903).

3. It is felt that there are disadvantages in mixing provi- sions as to the design and construction of buildings, which concern mainly the Public Works Department, with provisions relating to house-cleansing and the prevention of disease, which are the special concern of the Sanitary and Medical Depart- ments.

4. This Ordinance extracts from Ordinance No. 1 of 1903 (which it is intended shortly to repeal and replace by another Ordinance or Ordinances dealing with Sanitation and the Pre- vention of Disease) those provisions which deal with the con- struction of buildings and concern the Public Works Depart- ment and amends them where amendment is considered necessary.

5. A Table of Correspondence attached to the Bill shews the origin of its various clauses and the nature of the amend

ments.

C. G. ALABASTER,

March, 1935.

Attorney General.

1041

GENERAL INDEX

to open spaces

ADDITIONS; to buildings

A.

ACCESS; to buildings for inspection

ADJOINING OWNER; interpretation of...

SECTION

124

86

6

4 (1)

Rights of

133-147

ALTERATIONS; to buildings

6

APPEAL; to Governor in Council

161-165

APPLICATION; of Ordinance

167

ARBITRATION

148-151

ARCHITECTURE, rules as to types of

10

AREAS; between building and hill-side

Structures in

Sub-soil drainage of

Encroaching on streets

AUTHOR of a nuisance; interpretation of..

AUTHORISED Architect, interpretation of

79

81

80

59 (Schedule F)

4 (2)

4 (3)

List of

5

B.

BASEMENT; Interpretation of

thickness of walls

BEARING; for floors

BLASTING

BLOCK PLAN

BLUE BRICKS

BOND TIMBERS

BONDING for Walls

BACKYARD; ground surface of

BALCONY; Interpretation of

Rules as to

Obstructions in

Undertaking with regard to.. Regulations of

BATHROOMS; clear vertical height in

31

4 (4) 58-61

63

Schedule E

Schedule G

4 (5)

39-40 (5)

21

35

122

89, 6 (c)

16

53

29

BOUNDARY WALLS

BREACH of Condition of modification

BRIDGES

BRESSUMMERS;

BUILDING; Interpretation of

Addition or alteration of

25

164

81

30

4 (7)

6

Chinese domestic

7-9

Dangerous

118-120, 124

Depth of

Design of

74-77 7-10

Domestic, Interpretation of..

4 (15), 6

Height of

87, 88

New

4 (28)

Notice of intention to

commence

Schedule A.

Nuisances

Public, Interpretation of Wooden

126

4 (37)

15

BUILDING AUTHORITY; Interpretation

Liability of

of

Powers as to entry and

inspection by

4 (8)

168, 169

Powers to divert traffic

BUILDING OWNER; Interpretation of...

Rights of

124 125

4 (9)

133-147

C.

CEILINGS;

CEMENT; Interpretation of

46

4 (11)

1042

General Index,-Continued.

C,-Continued

CERTIFICATE completion

for reinforced concrete

CHIMNEYS;

CHINESE Domestic Building

COCKLOFT;

COMPENSATION; for disallowing re-

erection

Claims for

CONCRETING of ground surfaces.

CONTRACTS tenancy

CONTRAVENTIONS; Interpretation of ...

(see Penalties)

CORBELLING;

CORNICES;

CROSS WALL; Interpretation of

Thickness of

D.

SECTION

116 Schedule B.

54, 66, 67, 69-72

7-9

4 (12), 42

92 (2)

148-151

31

3

152

35

55, 56

4 (13)

20

DAMP-PROOF COURSES

DANGEROUS BUILDINGS; Interpreta-

tion of

Shoring of, etc...

DETACHED BUILDING;

DISTRICT; Hill, Mid-level, Kowloon Point

DOMESTIC BUILDING; Interpretation of

DOWN-PIPES

DRAINAGE; Works

Regulations

223

4 (14)

117-120, 124

40, 82

4 (22) (23) (27)

4 (15) 52

101-109 Schedule J.

DRAWINGS;

Building over

Interference with existing

E.

110

113

6

EARTH: Cutting

EAVES, Gutters

ENCROACHMENTS on Crown Land

ENTRY and inspection of buildings

EXCAVATIONS, Lighting of

EXCEPTIONAL Building, Interpretation

EXEMPTIONS

of ... Construction of

123 Schedule M.

52, 56 Schedule J (26)

58

124

Schedule J (4)

4 (16) and 88 (5) 13-15

160, 164, 165

EXTERNAL AIR, Interpretation of

EXTERNAL WALL, Interpretation of

F.

FACTORY; Interpretation of

FALL, of ground surfaces

FIRE ESCAPES

FIRE PLACES

FLOORS; Interpretation of

Bearing for Impermeable Level of ground Space between To be water-tight

To rest on corbells Ventilation under

FOUNDATIONS; Construction of

4 (17)

4 (18)

4 (19) 31 (2)

45

64, 66-68

4 (20) 35

31

33

34

37

35

38

23

1043

General Index,-Continued.

G.

SECTION

GOVERNMENT Buildings

2

GOVERNOR IN COUNCIL, Appeal to ...

161

162

Orders of

163

31-33

Empowered to state case for

Full Court

GROUND Floors and Surfaces

H.

HABITATION; Space prohibited for HEARTHS;

HILL-DISTRICT; Interpretation of HILL-SIDE; Interpretation of

HOARDINGS;

HOLLOW-WALLS

HOODS; for fire-places

Stair

HOOP-IRON Bond

41 68

4 (22)

4 (21)

11

28

67

21

29

I.

IMPERMEABLE FLOORS; INFLAMMABLE STRUCTURES;

K.

KITCHENS; Height of

Ground surface of

Limitation of extent of To be provided

KOWLOON-POINT District

31, 32

121 Schedule L.

39, 40 (4) 31, 32

65

64

4 (23) 7-10

LANES;

L.

LATH and Plaster Partitions

LATRINES; Interpretation of

General requirements

Height of

Thickness of walls

LIABILITY, of Government Officers

LIFTS and Lift Shafts

LIME-Mortar

LINTELS;

M.

MANDAMUS:

MATSHEDS;

Regulations

MID-LEVEL DISTRICT

MODIFICATIONS

N.

82, 84

28

4 (24)

94-101

39, 40 (5)

21

168 & 169

44

16

30

161

121

Schedule L.

4 (27), 7-10 160, 164, 165

NEW BUILDING; Interpretation of NEW Kowloon, Interpretation of

Application of Ordinance to. NEW TERRITORIES, Interpretation of...

Application of Ordinance to. NOTICES; Dangerous Buildings

to commence work

service of

4 (28) Interpretation Ordinance No. 31 of 1911

167

Interpretation Ordinance No. 31 of 1911

167

118

6

132

Schedule A.

1044

General Index,-Continued.

N,-Continued.

NUISANCE; Abatement of

Notice to abate

Penalty for

....

NULLAHS;

0.

SECTION

127-131

Schedule N.

153

110-113

OCCUPATION; of new buildings OCCUPIER; Interpretation of

OPEN SPACE

OPENING and Recesses .... ORDER of Governor in Council

ORDINANCE; Application of

Protection of persons

acting under

OWNER; Interpretation of ...

116

4 (29)

79, 82, 83, 86

27

163

167

170

4 (30)

P.

PANTRIES;

39, 40

PARTITION WALLS, Interpretation of

4 (32)

Thickness of

In verandahs

17 63

4 (33)

PARTY Structure, Interpretation of

PARTY Walls, Interpretation of

Thickness of

To be carried above roof

PARAPETS:

PENALTIES;

PERSON; Interpretation of

PLANS,

POWER of Building Authority to grant

modification or exemption

PREMISES;

PROJECTIONS;

PROTECTION of Persons acting under

Ordinance

PUBLIC BUILDING

R.

RECESSES:

REGISTRATION of Modification

RESUMPTION

RETAINING WALLS

RETURNS to Shop fronts

KIGHTS of, Building and adjoining

ROOFS;

owners

The Crown

ROOM; Interpretation of

Windows required for

S.

SCAFFOLDING

SCAVENGING LANES

SEMI-DETACHED BUILDINGS

SERVANTS QUARTERS

SEWERS and DRAINS

SHOP FRONTS, returns to

SKIRTINGS

SKY-LIGHTS

STAIRS

4 (34)

17

26

26, 88

6, 126, 152-157

4 (35) 6

160

4 (36)

55-57

170

4 (37)

27

165

150, 171

24

27

133-147

171

48-52

4 (38)

77

II

82, 84

40, 82

39, 40

101, 109

Schedule J.

27

38

77

43

1045

General Index,-Continued.

S,-Continued.

STONES; Removal of

STOREY; Interpretation of

Height of

STORM WATER-CHANNELS STOVES; Floor under

STREET, Interpretation of

Width of

Private

STRUCTURES; Inflammable

Party

SECTION

123

4 (39)

17 (proviso 3)

39, 40 110-113 68

4 (40) and 82 (8)

62 89

122 Schedule M.

4 (33)

T.

TENANCY CONTRACTS

TENANT, Interpretation of

TENEMENT, Interpretation of

TIE RODS

TIMBER STORES

TYPE-PLANS

TYPES of ARCHITECTURE

V.

VENTILATION, of Buildings

under floors

VERANDAH, Interpretation of

Obstruction in

Regulations

Rules as to

3

4 (41) 4 (42)

19 (3) 115 167 (3) 7-10

74

36

4 (43)

63

Schedules E & G.

58-61

W.

WALLS: Interpretation of

Cross

4 (44)

4 (13)

External

Main

Partition

4 (18)

4 (26)

4 (32)

Party

Blue bricks

4 (34)

16

Bonding of

29

Damp-proof courses for

Hollow

Boundary or fence Cross

External

Foundations for

Hoop iron courses for

Lath and plaster

Limitation of length of

Materials for

25

19, 20

22

17, 19 (3)

23

28

29

28

19

12

Mortar for

16

Partition

Party

21

26, 134-138

24

Retaining

19 (3)

Tie-rods for

WATER-CLOSETS

WEEP-HOLES

WELLS,

WINDOWS, Interpretation of

Obstruction to

Required

WOOD Plates

WOOD-work near flues

WOODEN Buildings

Floors

WORKS, Interpretation of

Notice of intention to commence...

94-100 Schedule J.

24

114

4 (46)

73, 74, 77

78

53

54

15 Schedule L.

37

4 (10), 4 (47) Schedule A.

1046

TABLE OF CORRESPONDENCE.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

1

2

Cf. Sanitation Bill 2

Cf. Sanitation Bill 3

3

4 (1)

6 (1)

(2)

(2)

(3)

(3)

a

substituted for

64

27

the

(4)

(5)

-44

to an average

the floor

level added

(5)

(6)

Added

(6)

garage

and hoarding'

added

(7)

(8)

(8)

(9)

Deleted

(10)

(9)

(11)

Added

(10)

(11)

(13)

Substituted for definition of Mez-

zanine floor

(12)

(38)

Re-drafted to exclude the walls of

a central yard

(13)

(16)

(14)

(20)

(15)

(22)

Deleted and definition Mid-level

district" substituted

(24)

(16)

(25)

seven substituted for five

66

>>

(17)

(26)

66

Amended to exclude "vertical en

closure" and cross wall or other partition which have their own definition

(18)

(27)

Amended to conform to definition

in the Factories Ordinance, 1927

(19)

(28)

(20)

(29)

except Chinese Villages omit-

ted

(21)

(31)

(22)

(32)

1017

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

Added

"pail latrine,

latrine, water closet and

4 (23)

â

"

urinal added

Added

(24)

6 (35)

(25)

(26)

(37)

Added to take the place of "Eu-

ropean Reservation"

(27)

Amended as in definition (12) .........

(38)

"and any existing building...

for one tenancy" added.

(28)

(39)

(29)

(42)

(30)

(44)

Added

(31)

(32)

(44A)

(33)

(45)

(34)

(46)

(35)

(47)

"paddy" omitted

(36)

(48)

(37)

(49)

(38)

(51)

Last paragraph added

(39)

(53)

the whole or any part of" and

road-bridge, footpath added

(40)

(54)

(41)

(55)

(42)

(56)

Deleted

(57)

46

a substituted for the '

"

(43)

(58)

(44)

(59A)

Deleted

(60)

Added

(45)

glazed" omitted

(46)

(60A)

wall, pier, wharf, fence" omitted

(47)

(61)

Revised to accord with No. 39 of

1932, s. 131

10

5

7

1048

Table of Correspondence,-Continued.

Remarks.

Re-drafted giving in greater detail the procedure to be adopted be- fore any building work is com- menced or resumed; making the architect responsible for work shewn on plans submitted by him; increasing penalties for defective work, etc.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

6

222-225

Re-drafted to include Kowloon Point district and giving the Director of Public Works authority to de- cide what constitutes a Chinese domestic building

7

200

"or Kowloon Point District" in-

serted

8

201

Do.

Do.

9

202

10

203

Re-drafted to make it compulsory to

erect hoarding during the de- molition or erection of a build- ing

11

208

12

96

13

97

46

Schedule B added to the mar-

ginal note

14

98

"the City of Victoria and Kow-

loon have been substituted

15

99

""

16

100

17

for an urban district "

composed of good cement.

or other suitable material omitted

thirty five

"6

substituted for

<<

forty and "" for ventila- tion omitted and or where the walls are constructed in good cement mortar " inserted in proviso (1)

17

101

practicable

substituted for

possible

18

101A

66

eighty" substituted for "seventy

feet "

six and not exceeding nine

inserted

19 (2)

102 (2)

thirty

five "thirty "

substituted for

.......

1920

19 (3)

102 (3)

103

not exceeding twelve feet

in height inserted

21

103A

1049

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

"Re-drafted to apply to all build-

ings and to provide for a ver- tical damp-proof course who.e necessary

Last paragraph deleted

Re-drafted giving more detail of con- struction and excluding retain- ing walls built of lime concrete or in lime mortar

"

within an urban district omitted

unless exempted by the Building Authority and and every

parapet wall" inserted

one half

2 23

22

104

105

225

24

221

220

26

106

substituted for two

thirds and unless in the

opinion

may be allow-

,,

ed inserted

27

107

.......

outside the European Reservation

or the Hill District

omitted...

28

108

domestic

and which is not

within

the Hill District

omitted and "not less than

inserted

29

109

Re-drafted and curtailed

30

110

Re-drafted and the thickness of lime

concrete reduced from six to four inches and the thickness of

cement concrete increased from

three to four inches

31

111

Re-drafted to include bath-room

32

112

33

113

34

114

Last sentence added

35

115

36

117

37

119

outside the European Reservation

or the Hill District omitted and size of skirting reduced....

38

120

eleven

and

substituted for "twelve" ten substituted for

66

eleven and the permissible

height of bathrooms and latrines from nine to eight feet.

39

116 (1)

Deleted and included in definition

of "Storey

116 (2)

1050

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

40 (1) (a)

116A (1) (a)

??

(b)

Deleted and included in definition of

"Storey

(2)

(2)

Deleted

(3)

66

nine feet six inches substituted

for ten feet"

(3)

(4)

(4)

(5)

eight

substituted for seven

""

and a half

(5)

(6)

Deleted and included in definition

of "Storey

(7)

41

116B (1)

Re-drafted to preclude cocklofts from being erected on a top storey or in any room used for sleeping purposes

፡፡

mezzanine floor omitted

27

Do.

Do.

Added

Added

Re-drafted and the treads and risers altered from 8" and 8" to 9" and 7′′ respectively; a minimum width of staircase is now given

Added

Re-drafted and the height of forty feet reduced to thirty five feet...

42 (1)

118 (1)

(2)

(2)

(3)

(3)

(4)

(4)

(5)

(6)

43

121

44

45

149

46

outside the European Reservation

or the Hill District

omitted...

46

122

47

123

48

124

49

125

i

50

126

51

127

52

132

"

party or external omitted

53

128

Added

1051

Table of Correspondence,-Continued.

Remarks,

Buildings Ordinance, 1935.

Ordinance No. 1 of 1903.

54

129

55

the Building

Re-drafted

giving

Authority discretionary power

and controlling the height above

the footpath of projecting win- dows, etc.

56

131

Last sentence omitted

57

133

看看

any street whether public or pri-

vate or into added

58

134

""

and subject to

impose

""

added

(1)

(1)

58 (2)

134 (2)

(3)

(3)

(4)

(4)

59

135

verandah or added

and on'e

""

and a quarter times. omitted.

60

136

Added

61

137

Deleted

138

Deleted

Added to take the place of defini-

tion (60)

("or maintained and except

62

within

District') omit-

ted, and ("except by

height") added

63

139

and

omitted

outside the

omitted

"sixty" substituted for fifty"

on an upper floor

64

140

District

65

141

8589

66

142

67

143

68

144

69

145

and every chimney

in

cement mortar

added

71

82

70

146

147

72

148

:

1052

Table of Correspondence,-Continued.

Remarks.

Re-drafted to make it clear that the window in rear is intended to light the main building and to have the windows extending as far as practicable to the ceiling

thirty five

"

substituted for

forty,' "glazed " omitted

""

66

and clear of any obstruction to the light and and ven- tilated added

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

73

150

74 (1)

151 (1)

;;

thirty five

substituted for

"forty

,,

(2)

(2)

Re-drafted to conform to Section 87

75

152

76

Added

Re-drafted to ensure that all rooms

in a domestic building are pro vided with a window opening into the external air

existing

note

omitted from marginal

or fitting" and "or by any merchandise omitted

77 (Sanitation Bill 33.)

153 (1)

78

155

(Sanitation

Bill 35.)

Deleted

175

within an urban district" omitted

79

176

80

177

81

178

Re-drafted to include every new domestic building whether on land leased before or after 1903.

The width of the side lane has been increased from four to five feet and an open space eight feet wide is now required in the

rear

66

""

ten" substituted for

"eleven and fourth substituted for

third

Deleted

The height of the boundary walls has been reduced from ten to eight feet

82 (1)

179 (1)

(2)

(a)

(3)

(b)

(4)

(c)

(d)

(5)

(e)

1053

Table of Correspondence,--Continued.

Remarks.

Buildings Ordinance,

Ordinance

1935.

No. 1 of 1903.

Re-drafted so that every building will be required to provide an area five feet wide in rear for a scavenging lane

Re-drafted to exclude any portion of a street being included as open space and to exclude any portion of open space being treated as a street

Added

Added

Deleted

Added

83

Added

84

Redrafted so that an exceptional

building will not become a new building when certain structural

work is carried out

85

Added

86

(6)

(f)

(7)

(g)

(8)

(2)

(9)

(10)

180

(Sanitation Bill

15

and Scavenging

180 (5)

By-law 5.)

quarter

substituted for

half

87 (1)

188 (1)

Do.

(2)

(2)

quarter

substituted for

and the proviso omitted

66

half

(3)

(3)

Added

87 (4)

(5)

188 (4)

(6)

(5)

Re-drafted to make all buildings over three storeys in height fireproof; omit maximum height for non-domestic building and increasing the permissible height of domestic buildings from four to five storeys; omit the defini- tion of "storey

"to a distance not exceeding twice the width of such narrower

street substituted for distance of fifty feet "

Deleted

(7)

(6)

66

to a

(8)

(6) (a)

(9)

(6) (b)

(6) (c)

1054

Table of Correspondence,-Continued.

Buildings

Remarks.

Ordinance, 1935.

Ordinance No. 1 of 1903,

Re-drafted and the angle within which the height of a building must be kept has been increased from 30 degrees to 68 degrees in the case of building old lots and to 63

erected on

degrees in

the case of buildings erected on

new lots

Added

Added

Added

Added

Added

J

'construction and added

46

throughout" added

88 (1)

189 (1)

(1) (a)

(1) (b)

(1) (c)

(2)

(2)

(3)

(4)

(3)

(5)

89

888888

182

90

183

91

184

185 (1)

"upon which domestic buildings

abut" omitted....

92 (1) (Sanitation Bill 90.)

(2)

Added

in s.s. (1). s.s. (3), see No. 1 of 1845 s. 30A.

Re-drafted to make it clear that the

owner of a private street is re- sponsible for its maintenance. The last paragraph has been added to ensure recovery of the cost of any work carried out by Government in a private street.

(3)

93 (1) (Sanitation Bill, Scavenging By-law 10.)

186

"and such latrine

the

building" omitted and "and no latrine

with a street added

94

156

Added

95

Thickness of rendering added

96

157

Last sentence omitted

97

158

pail" added

98

159

(Sanitation

Bill 40)

(2)

A

1055

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

1935.

Ordinance No. 1 of

99

:

160

1903.

Amalgamated and re-drafted to in- clude every domestic building and every floor of a domestic building hereafter erected

100

163 & 164

(Sanitation Bill 62)

101

189A

within an urban district omitted

102

190

103

191

104

192

105

193

106

194

107

195

196

Deleted

197

Deleted

108

198

109

199

110

216

111

217

112

218

113

219

Re-drafted to cover wells for flush-

ing purposes only

114

213

(Sanitation Bill 29)

Title amended and section re-drafted

to regulate the height of any building in which timber is stored and the height of any stack of timber and to prevent the formation of timber stacks into rooms

according to the form contained in

schedule K" inserted

115

212

116 (1)

204

Added

(2)

(3)

proviso

117

205

or otherwise made safe

inserted

118

206

119 (1)

207 (1)

1056

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

119 (2)

207 (2)

!

Added

(3)

120

207A

66

structure

ing

substituted for "build-

"

121

209

7

Last paragraph added

122

210

sand, clay added; or earth

deleted penultimate paragraph

added. See No. 1 of 1845 s. 30A

123

211

or his duly authorised agent'' in-

serted

"duly authorised agent" substitut-

ed for

representative

124 (1)

227 (1)

(2)

(2)

sub-

125

228

126 (1) 5

229 (1) 5

any works whatsoever

stituted for works of a public

nature

defective materials or inserted

may at his discretion substitut-

""

66

ed for shall

127

230

(Sanitation

Bill 28)

128

231

129

232

130

233

+

131

234

132

(Sanitation

Bill 76)

235

133

236

134

237

135

238

136

239

137

240

138

241

139

242

140

213

141

244

1057

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

142

245

143

246

144

247

145

248

146

249

147

250

Reference to Board omitted

148

251

(Sanitation

Bill 91)

149

252

(Sanitation

Bill 92)

150

253

(Sanitation

Bill 93)

151

254

(Sanitation

Bill 94)

152

255

(Sanitation

Bill 77)

occupier and tenant

<

"five" substituted for

inserted and

two

153

257

(Sanitation

Bill 79)

"two thousand substituted for

two hundred

>>

154

258

(Sanitation

Bill 80)

Penalty increased to $500

155

259

(Sanitation

Bill 81)

19

44

inserted

or firm and director or any

partner

156

261

(Sanitation Bill 82)

64

mezzanine floor and cubicle

omitted and deputed by the Building Authority" substitut- ed for

64

of the Department

157

262

(Sanitation Bill 83)

158

(Sanitation Bill 38)

264

1058

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

159

264A

(Sanitation Bill 14)

or the Board omitted

,,

160

264B

Reference to the Board omitted

161

265

(Sanitation Bill 84)

7

162

265A

(Sanitation

Bill 85)

163

265B

(Sanitation

Bill 86)

164

265c

(Sanitation

Bill 95)

165

265D

(Sanitation

Bill 96)

166

Cf. Sanitation Bill 99

167 (1)

266

(2)

267 (1)

(1)

C

the City of Victoria or Kowloon

substituted for an urban dis- trict

(3)

(2)

168

268A

Reference to the Board omitted

169

269

(Sanitation

Bill 97)

Reference to the Board omitted

170

270

(Sanitation

Bill 98)

171

271

Amends No. 13 of 1914

172

www

Commencement

173

Re-drafted to ensure supervision by

an authorised architect

Schedule A.

Schedule K

See G.N. 660 of 23.11.1931

Schedule B.

New

Schedule C.

New

Schedule D.

1059

Table of Correspondence,--Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

(2) amplified in respect of advertise-

ments

"

66

or lowered and or lower "add-

ed in (5)

(1) ten feet" for "seven feet nine

inches "

"

(2)

eleven for

twelve

(3)

eleven

for twelve

66

46

(4) ten for eleven

>>

(7) and (8) "urban district" omit-

ted

Re-drafted to permit of use of re-

inforced concrete, etc.

(10) re-drafted

Schedule E.

Schedule E

Schedule F.

Schedule F.

Schedule G.

Schedule G.

(12) and (13) omitted

See G.N. 349 of 22.11.1912

Schedule H.

(1) and (2) new

Schedule J.

Schedule M.

(3) proviso re-drafted

(8) Last clause re-drafted to ensure proper channels and junctions

in manholes

(10) Cement concrete substituted for

lime concrete

(18) not less than

44

inserted...

(24) as required by the Building

Authority added

"

(25) if required by the Building

Authority added

(27)

yarn and red lead

66

ed for cement

22

Stone ware pipes omitted

substitut-

(31) Fee on giving notice of con- struction of drainage works in- creased from $10 to $20

(40) "unless exempted by the Build-

ing Authority" inserted

(44) Redrafted for clarity

1060

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of 1903.

(46) not

more

exempted

than (unless

by the Building

Authority)" substituted for "at

least.'

"

(1)

structures

for "buildings

(4)

electric cable added

17

(9)

' either

temporary or per-

manent omitted

(10) Re-drafted.

44

(11) cutting for hillside or

bank of earth ''

(14) Re-drafted

Schedule L.

Schedule H.

(1) and (2)" sand, clay added.

Schedule M.

Schedule J.

(5), (11) and (12) New-see G.N.

554 of 1934

Schedule N.

Schedule L.

1061

NOTICES.

+

COLONIAL SECRETARY'S DEPARTMENT.

""

66

  No. S. 91. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Contract for Printing of Official Papers and Contract for Job-Printing", will be received at the Colonial Secretary's Office until Noon of Monday, the 15th day of April, 1935. Tenderers will be at liberty to tender at alternative rates (a) for either contract alone and (b) for both contracts together.

Each tenderer must attach to his tender or tenders a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 in respect of each contract tendered for. The said deposit will be returned if the tender is not accepted,

The successful tenderers will be required to deposit a sum of $500 in respect of the Contract for Printing of Official Papers and $250 in respect of the Contract for Job- Printing with the Colonial Treasurer on signing the contract as a guarantee for the fulfilment of the conditions of the contract.

Each contract will be for a period of four years.

  For form of Tender, conditions, and further particulars application should be made at the Treasury, Post Office Building.

The Government does not bind itself to accept the lowest or any tender.

29th March, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 92. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government Notification.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

16th April, 1924.

All ports in the United States of America, including the

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th March, 1935.

30th April, 1926.

29th October, 1926.

No. S. 301..

W. T. SOUTHORN,

Colonial Secretary.

1062

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 93.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer,

Notification No. 79 of 25th January, 1935.

29th March, 1935.

W. T. SOUTHORN,

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

No. S. 94. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Filling in Area North of Prince Edward Road and East of Grampian Road", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 16th day of April, 1935. The work comprises the filling of an area North of Prince Edward Road between Grampian Road and Hau Wong Road up to Nga Tsin Wai Road to a level of approximately 19:00 O. D. together with any contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

29th March, 1935.

R. M. HENDerson,

Director of Public Works.

{

PUBLIC WORKS DEPARTMENT.

   No. S. 95. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for formation of Flight Gap' North of Sai Kung Road", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 17th day of April, 1935.

The work comprises the deposition of filling to form a 'Flight Gap' and roadway North of Sai Kung Road together with the extension and bridging of two nullahs and certain contingent works.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

28th March, 1935.

R. M. HENDERSON,

Director of Public Works.

1063

PUBLIC WORKS DEPARTMENT.

No. S. 96.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 8th day of April, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Contents

Registry No.

Locality.

Sale.

in Sq. feet.

Annual

Rent. Price.

Upset

N.

S.

E.

W.

feet.

feet. feet.

feet.

About

1

Tsun Wan Inland Lot No. 22.

Adjoining Tsun Wan

As per sale plan.

18,000

82

540

Inland Lot No. 21, near Tai Lam Chung.

29th March, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 97. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 15th day of April, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of

Registry No.

Locality.

Sale.

z

Contents Annual Upset

in

Sq. feet.

Rent. Price.

S.

E.

W.

feet.

feet. feet. feet.

$

$

About

1

Hung Hom Inland Lot No. 273.

Junction of Chatham

As per sale plan.

1,250

22

3,750

Road and Bulkeley

Street, Hung Hom.

29th March, 1935.

R. M. HENDerson,

Director of Public Works.

No, S. 98.

1064

NOTICE TO MARINERS.

No. 22/1935.

LIFE SAVING APPLIANCES.

LIST OF APPROVED MANUFACTURERS IN HONG KONG.

With reference to Notice to Mariners No. S. 243 published in Government Gazette No. 31 of 10th July, 1931, the following have been approved as Manufacturers of the Hong Kong Standard Life Jackets and Lifebuoys.

Messrs. WING KEE, 44, Hennessey Road, (3rd floor), Wanchai, Hong Kong.

Harbour Department,

25th March, 1935.

No. S. 55.

No. 3/1935.

G. F. HOLE,

Harbour Master, &c.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

   All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master,

&c.

PUBLIC WORKS DEPARTMENT.

   No. S. 84.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Main Block, New G. C. H.", will be received at the Colonial Secretary's Office until Noon of Monday, the 1st day of April, 1935. The work consists of the superstructure for the Main Hospital Building.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

13th March, 1935.

R. M. HENDerson,

Director of Public Works.

1066

IN THE SUPREME COURT OF HONG KONG.

N

COMPANIES (WINDING-UP.)

No. 3 of 1931.

In the Matter of the Companies Ordi-

nance, 1911,

and

In the Matter of The Hong Kong Ex-

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the matter of the Estate of Jhanday Khan, late of Victoria Gaol, Victoria, in the Colony of Hong Kong, Guard No. 181, deceased.

cavation Pile Driving and Construc- NOTICE is hereby given that the Court has,

tion Company, Limited.

Notice of Intended Dividend.

OTICE is hereby given that it is

            intended to declare a SECOND DIVIDEND in the above matter, and credi- tors, WHO HAVE NOT ALREADY DONE SO, are required on or before the first day of June, 1935, to send their names and addresses, and particulars of their debts or claims and the names and addresses of their Solicitors, if any, to the UNDERSIGNED, the Liquidator of the said Company, and are also required by their Solicitors or personally to come in and prove their said debts or claims at at the Office of the OFFICAL RECEIVER, SUPREME COURT, on any Week Day (except Saturday), between the hours of 10 a.m. and 4 p.m., or in default thereof they will be ex- cluded from the benefit of any distribution made before such debts are proved.

Dated the 29th day of March, 1935.

JAMES J. HAYDEN, Official Receiver and Liquidator.

IN THE SUPREME COURT OF HONG KONG.

In the Matter of the estate of Bakhshis Singh late of Asiatic Petroleum Co.'s Installation at Tai Kok Tsui,

Kowloon, in the Colony of Hong Kong, Watchman, deceased.

NOTICE is hereby given that the Court

        has, by virtue of Section 58 of The Probates Ordinance 1897 (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 19th day of April, 1935.

       Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 23rd day of March, 1935.

T. M. HAZLERIGG, Official Administrator.

THE HONGKONG & SHANGHAI HOTELS, LIMITED.

NOT

(INCORPORATED IN HONG KONG)

OTICE is hereby given that the Ordinary Yearly Meeting of Shareholders of The Hongkong & Shanghai Hotels, Limited, will be held at the Registered Office of the Company, (Exchange Building, Des Voeux Road Central, Hong Kong), on Thursday, the 25th day of April, 1935, at 11.30 a.m., for the purpose of receiving a Statement of Accounts and the Report of the Board of Directors for the year ended on the 31st December, 1934, confirm- ing the appointment of two Directors, and re-electing a Director and the Auditors.

The Transfer Books of the Company will be closed from Saturday, 13th April, 1935, to Thursday, 25th April, 1935, both days inclusive.

By Order of the Board,

F. C. BARRY, Secretary.

Hong Kong, 20th March, 1935.

by virtue of Section 58 of The Probates Ordinance 1897, (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 22nd day of April, 1935.

Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 26th day of March, 1935.

N

T. M. HAZLERIGG,

Official Administrator.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Jue Kay Chong, late of Philadelphia in the State of Pennsylvani in the United States of America Chef, deceased,

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 18th day of April, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 25th day of March, 1935.

WILKINSON & GRIST, Solicitors for the Administrator, No. 2, Queen's Road Central, Hong Kong

RADIO SERVICES, LIMITED.

(IN VOLUNTARY LIQUIDATION).

N accordance with the provisions of Section 231 of the Companies Ordinance, 1932, the affairs of the above Company having been fully wound up, a meeting of the Shareholders of the Company will be held in the Offices of Messrs. Thomson & Co. Chartered Accountants, York Building, Chater Road, Hong Kong, at 2.30 p.m. on Friday, 3rd May, 1935.

Dated the 29th day of March, 1935.

W. J. COLE,

Liquidator.

RADIO SERVICES LIMITED.

(IN VOLUNTARY LIQUIDATION).

N accordance with the provisions of Section

234 of the Companies Ordinance, 1932, the affairs of the above Company having been fully wound up, a meeting of the Creditors of the Company will be held in the Offices of Messrs. Thomson & Co., Chartered Accountants, York Building. Chater Road, Hong Kong, at 3.00 p.m. on Friday, 3rd May, 1935.

Dated the 29th day of March, 1935.

W. J. COLE, Liquidator.

HONG KONG & CHINA PROPERTY COMPANY, LIMITED.

ISSUE OF $2,200,000 SERIES "A" DEBENTURES.

OTICE is hereby given that, in pursuance of the conditions upon which the above issue was made, Debentures Nos. 43 to 52 in- clusive will be repaid at the offices of the Company on or after 30th April, 1935.

By Order of the Board,

A. MURDOCH, Secretary.

Hong Kong, 29th March, 1935.

HONG KONG FINANCE CO., LTD.

ISSUE OF $1,350,000 Series A" DEBENTURES. NOTICE is hereby given that, in pursuance of the conditions upon which the above issue was made, Debentures Nos. 20 to 26 in- clusive will be repaid at the offices of the Company on or after 30th April, 1935.

By order of the Board,

A. MURDOCH, Secretary.

Hong Kong 29th March, 1935.

In the matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The Tung Tak Knitting Company, Limited. (In Liquida- tion).

NOTICE is hereby given in pursuance of

Section 234 of the Companies Ordin- ance 1932, that a General Meeting of the Members of the above-named Company will be held at The Tai Tung Restaurant, No. 234, Des Voeux Road Central, (4th floor), Hong Kong, on Tuesday, the 30th April, 1935, at 12 o'clock, Noon, for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and the property of the Company disposed of, and of hearing any explanations that may be given by the Liquidators.

Dated the 26th day of March, 1935.

LAU YUK WAN, WONG FUNG CHOW,

Liquidators.

In the Matter of the Companies Ordin-

ance, 1932

and

In the matter of The Tung Tak Knitting Company, Limited. (In Liquida- tion).

OTICE is hereby given in pursuance of

N Section 231 of the Companies Ordinance,

1932, that a Meeting of the Creditors of the above-named Company will be held at the Tai Tung Restaurant, No. 234, Des Voeux Road Central, (4th floor), Hong Kong, on Tuesday, the 30th April, 1935, at 12 o'clock, Noon, for the purpose of having an account laid before them, showing the manner in which the wind- ing-up has been conducted, and the property of the Company disposed of, and of hearing any explanations that may be given by the Liquida- tors, and also of determining the manner in which the books, accounts, and documents of the Company, and of the Liquidators thereof shall be disposed of.

Dated the 26th day of March, 1935.

LAU YUK WAN, WONG FUNG CHOW,

Liquidators.

1067

N

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Sir Frederick Charles Allen late of 122 Leadenhall Street, in the City of London and of 81 Warwick Road Kensington in the County, of Middlesex England, Baronet, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates

   Ordinance 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 17th day of April, 1935.

白告意生頂承

無資泰大號和股三進 千 涉安清記道三泰東段照 九 特一字西樓記志辦

乙生日用經至號啟 亥意在司將甲紹者 年盈亞理名戌經陳 二虧利人下 植 月與馬羅所十緞 十退打毓占二疋占

此經之號一梁生圖理千 承退入股及泉紹月頭股 卅佈交責在百文意別事九| 股股日人美承經卅號份 五 聞易如原四耀權業啓百 人人 無臣受辦止該在 二有日十承利於者二 紹陳 涉律己股數號香

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 22nd day of March, 1935.

JOHNSON, STOKES & MASTER,

九 號

solicitors for the Executors,

Prince's Building, Hong Kong.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent

IN

of 1923.

of Business Ordinance, 10. 25

後債地三頂招一本土經

此師于份目由港 佈樓頂經已乍 交亥與算畏 植

易年紹清年街 清二經楚九一 楚月號陳月百 日十公十三 後八盤槐五十

承股告白

與項址號定牌干港三 承及營時期傢九大年 頂華業和一私白道第 人洋出泰千全三西二 承出 無頂記九盤十一十 頂頂 涉轕人內百頂五百五| 泉槐 人人日未日交三與年四條 梁時後清前易十住三十防 和生等之承五大月三範 泰 意事債項年道十號僑 盈請項人四西九時頂 文記

虧速承擬月一號和生 與與頂用三百議泰意 TO 出出人囘十四决記律 Victoria, in the Colony of Hong Kong, have H¶***+*15 applied for the registration in Hong Kong, in 人人不和在三時體第 tioned Trade Marks (1) and (2) by Applications

  Notico is hereby given that Chan Ki(陳 基), Lau Pui Cho (劉培初), Yu Sau Tong (裕修堂), Wong Yee Fung (黃 爾豐), Sau Yuen Tong (修遠堂) alias Wong Yau (), Shau Yuen Tong (守原堂), Shun Sau Tong (慎修 啓 堂), Wong Kam Po (黃鑒波) Pat Sang(畢生),Pat Hang Mun (畢香 滿), and Tsui King Shing (崔敬成)

(hereinafter called "the Transferors") carrying on the business of Tea House Keepers at No. 5, Bonham Strand East, Victoria, in the Colony of Hong Kong, under the style or firm name

of The Cho Ng Tea House (早午茶 室) have agreed to transfer to Hing Yip Tong (興業堂)(hereinafter called " the Trans-

ferre ") of No. 3, Kau Yu Fong, Victoria afore- said, All that the business of the said Cho Ng Tea House including the goodwill, book debts, fixture, furniture stocks-in-trade and effects.

    The Transferee intends to carry on the said business at the same address and under the same style or firm name of The Cho Ng Tea House with the addition of the characters

"Ki Kee"(基記) and will not assume

the liabilities incurred in the business of the Transferors prior to the 27th day of March, 1935.

Dated the 29th day of March, 1935.

C. Y. KWAN, Solicitor for the parties.

HONG KONG CLUB.

NOTICE.

THE First Yearly Drawing of 24 Deben-

  THE 1931, 1981-9500, each) of the Hong Kong Club, payable on Monday, the 30th September, 1935, will be held in the Club House, at 11 o'clock, a.m., on Saturday, the 30th March, 1935.

     Bearers of Debentures are invited to attend the Drawing.

By order,

S. R. KERR, Secretary.

Hong Kong, 20th March, 1935.

(FILE No. 113 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOfRory Commerciai Company, of No. 4a,

OTICE is hereby given that The Hong

Kong

Des Voeux Road Central, 2nd floor, Victoria, in the Colony of Hong Kong, Importers and Ex- porters have on the 7th and 8th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

THE HONGKONG COMMERCIAL C。.

RHINOCEROS BRAND

in the name of The Hong Kong Commercial Company, who claim to be the proprietors thereof.

The above Mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of sole and upper leathers in class 37 and hemp seaming twine in Class 50.

A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of March, 1935.

C. Y. KWAN, Solicitor for the Applicants, 4a, Des Voeux Road Central,

Hong Kong.

(FILE No. 118 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that the Hing Lee Hong, of No. 72, Bonham Strand East,

the Register of Trade Marks, of the undermen-

both dated 8th March, 1935, as amended in the case of (1) on the 20th March, 1935 : ----

(1)

TRADE MARK

(2)

黃興利炮!

DO NOT HOLD IN HAND AFTER LIGHTING

進行利興著

COUPLE FISHES BRAND

BEST QUALITY

FLASH LADY CRACKERS

HING LEE HONG

HONG KONG

MADE IN CHINA

MARK

in the name of the said Iling Lee Hong, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants forthwith in respect of Chinese Fire Crackers in Class 20.

Registration of Trade Mark No. 1 shall give no right to the exclusive use of the Chinese

characters (黃興利炮行) and the re-

gistration of Trade Mark No. 2 shall give no right to the exclusive use of the firm name

Hing Lee Hong" in English and Chinese.

66

Dated the 29th day of March, 1935.

RUSS & CO.

Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

(FILE NO. 112 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Kor Lun Manufacturing Company, of No. 234 Shanghai Street, Ground floor, Yaumati in the Dependency of Kowloon, in the Colony of Hong Kong, Universal Providers, have on the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

1068

(FILE No. 108 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of

Four Trade Marks.

OTICE is hereby given that Ho Sin Chow

(f) trading as Ho Ka Om Medicine Company(何家菴藥行)

of Nos. 92 and 94 Tai Sun Road East, Canton,

China, Manufacturer, has, by four applications for the registration in Hong Kong, in the all dated the 4th day of March, 1935, applied Register of Trade Marks, of the following

Trade Marks:-

(1) (2)

(3)

(4)

(FILE NO. 121 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Batten and Company,(八達公司)of

China Building, Victoria, Hong Kong, Impor- ters and Exporters and General Merchants, March, 1935, applied for the registration in have, by an application dated the 14th day of

Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRAIN

---

BRAND

HANG

ING

in the name of The Kor Lun Manufacturing

Company, who claim to be the proprietors thereof.

       The above mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of perfumery and toilet articles in Class 48.

      The registration of this mark shall give the applicants no right to the exclusive use of the

Chinese Characters "香蘭冰" and

the words "Hang Lan Bing" appearing on the mark.

        A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of March, 1935.

C. Y. KWAN,

Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

ORDINANCES FOR 1934.

POUND volumes of Ordinances of Hong Kong, including Pro- clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

,

鳳舞

仙丹油

英兜果

in the name of the said Ho Sin Chow trading as Ho Ka Om Medicine Company, who claims to be the proprietor thereof.

The said Trade Marks have been used by the applicant in respect of Patent Medicines in Class 3 for the last thirty years.

Dated the 29th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant. St. George's Building,

Hong Kong.

Trade and Shipping Returns for the month of

February, 1935.

YOMPILED by the Statistical

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers. 18, Ice House Street.

in the name of the said Batten and Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in respect of Milk in Class 42.

Dated the 29th day of March, 1935.

BATTEN AND COMPANY,

Applicants.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year, Three months,

.$18.00

(do.), (do.),

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character,

Repetitions,

for 1st

$0.20) insertion.

5 cents.

Half price.

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

PRINTED ANd Published by NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

J

1070

LEGISLATIVE COUNCIL.

No. S. 99.-The following Bills were read a first time at a meeting of the Council held on the 4th April, 1935 :---

(C.S.O. 6070/34).

A BILL

[No. 1:-7.3.35.-3.]

Short title.

Ainendment

of Ordinance No. 8 of

1921, s. 3 (28).

New section 16A for

Ordinance

No. 8 oi 1921.

Effect of

non-com-

pliance with stamp laws in case of

certain i-ills of exchange.

23 & 24 Geɔ. 5, c. 19, .S. 42.

New sub- section (2A) for Ordin- ance No. 8

of 1921,

s. 21.

New section 25A for Ordinance No. 8 of 1921.

Certain mortgages

of shares to be

chargeable

as agree- ments.

54 & 55

Vict. c. 39, s. 23.

INTITULED

An Ordinance to amend the Stamp Ordinance, 1921.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Stamp Amendment Ordinance, 1935.

2. Section 3 of the Stamp Ordinance, 1921, is amended by the insertion of the words "or debenture (being a marketable security)" after the words "any share" in the third line of paragraph (28).

3. The Stamp Ordinance, 1921, is amended by the insertion of the following section immediately after section 16 thereof :---

16A. Notwithstanding any enactment to the contrary, a bill of exchange which is presented for acceptance, or accepted, or payable, outside the Colony shall not be invalid by reason only that it is not stamped in accordance with the provisions of this Ordinance, and any such bill of exchange which is unstamped or not properly stamped may be received in evidence on payment of the proper duty and penalties as provided by sections 6 and 16 of this Ordinance.

4. Section 21 of the Stamp Ordinance, 1921, is amended by the insertion of the following sub-section immediately after sub-section (2) thereof :-

(2A) A person who is required under the provisions of this section to take out a certificate, and who fails to take out the same, shall be liable civilly to the Collector for the payment of the duty, which, but for such failure, would have been payable.

5. The Stamp Ordinance, 1921, is amended by the insertion of the following section immediately after section 25 thereof:-

25A. (1) Every instrument under hand only (not being a promissory note or bill of exchange) given upon the occasion of the deposit of any share warrant or certificate to bearer, or foreign or colonial share certificate, or any security for money transferable by delivery, by way of security for any loan, shall be deemed to be an agreement, and shall be charged with duty accordingly.

f

1071

(2) Every instrument under hand only (not being a promissory note or bill of exchange) making redeemable or qualifying a duly stamped transfer, intended as a security, of any registered share or marketable security shall be deemed to be an agreement, and shall be charged with duty according- ly.

(3) A release or discharge of any such instrument shall not be chargeable with any ad valorem duty.

heading

6. The Schedule to the Stamp Ordinance, 1921, is New amended by the insertion of the following heading immediately N. 14 after heading No. 14A:-

14B. Cashier Order, 10 Adhesive. Before

if passed

cents.

through a bank

other than the

for Ordin- ance No. 8

of 1921, Schedule.

The

lodgment.

person lodging.

bank of issue.

of Ordinance 1921,

No. 8 of

7. Heading No. 15 in the Schedule to the Stamp Ordin- Amendment ance, 1921, is amended in the Second column by the substitu- tion of "Debenture: See Shares and see Mortgage" for "Debenture: See Marketable security".

Schedule, Heading No. 15.

No. 8 of

1921,

8. Heading No. 29 (4) in the Schedule to the Stamp Amendment Ordinance, 1921, is amended in the second column by the of Ordinance substitution of ", (except a share as defined in paragraph (28) of section 3, or other marketable security)" for "(except a marketable security)".

Schedule, Heading No. 29 (4).

9. Heading No. 33 (2) in the Schedule to the Stamp Amendment Ordinance, 1921, is amended in the third column by the substitution of "10 cents." for "5 cents.".

of Ordinance No. 8 of 1921, Schedule, Heading No. 33 (2).

Objects and Reasons.

1. Section 2 of this Ordinance amends paragraph (28) of section 3 of the principal Ordinance by the insertion of certain words to make it clear that debentures of the marketable security class are included in the expression "share" when used in the Ordinance.

2. Section 3 of this Ordinance inserts a new section 16A in the principal Ordinance. The object of this amendment is to incorporate in the Colony the amendment made by section 42 of the Finance Act, 1933 (23 & 24 Geo. 5, c. 19) in the English law, on which the local provisions relating to bills of exchange are based. The effect of the amendment is that a bill presented for acceptance, or accepted, or payable outside the Colony is not invalid by reason only that it does not comply with the stamp laws: if unstamped, or not properly stamped, it may be received in evidence on payment of the proper duties and penalty under sections 6 and 16 of the principal Ordinance.

1072

3. Section 4 of this Ordinance adds a sub-section to section 21 of the principal Ordinance imposing civil liability for the duty on persons required to take out certificates to practise. It is similar to the civil liability imposed on other persons by section 5 (5) of the principal Ordinance.

4. Section 5 inserts a new section 25A in the principal Ordinance in order to incorporate the provisions of section 23 of the Stamp Act, 1891. The new section follows that section except that in sub-section (1) the word "stock" is omitted and in sub-section (2) the word "share" is substituted for "stock". These variations from the model are due to the fact that section 3 (28) of the principal Ordinance gives to "share" the definition which section 122 of the Stamp Act, 1891, gives to "stock". The effect of the amendment will be that instruments under hand (not being promissory notes or bills of exchange) given upon the deposit of shares transferable by delivery, by way of security for a loan will be charged with the stamp duty of $1 as Agreements under heading No. 3 in the Schedule to the principal Ordinance.

5. Section 6 adds a new heading No. 14B to the Schedule to the principal Ordinance imposing on Cashier orders, if passed through a bank other than the bank of issue, a stamp duty of 10 cents similar to the duty payable under heading 14A (as amended by section 5 of Ordinance No. 30 of 1930) on Compradore orders, if passed through a bank.

6. Sections 7 and 8 amend Headings Nos. 15 and 29 (4) in the Schedule to the principal Ordinance by substituting references to shares and mortgages for references to market- able securities. The effect of these amendments will be that transfers of debentures which are marketable securities will in future be charged 20 cents for every $100 under Heading No. 40 (1) instead of as hitherto 10 cents for every $100 under Heading No. 29 (4) in the Schedule to the principal Ordinance.

7. Section 9 amends Heading No. 33 (2) in the Schedule to the principal Ordinance by raising from 5 cents to 10 cents the duty on renewal receipts of Life policies.

March, 1935.

C. G. ALABASTER,

Attorney General.

i

(C.S.O. 4301/29).

1073

[No. 34/34-29.3.35.-7.}

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

the construction of Buildings.

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

1. This Ordinance may be cited as the Buildings Ordin- Short title. ance, 1935.

Exemptions and Savings.

and works

2. The provisions of this Ordinance with reference to Government the construction of buildings and the carrying out of worl:s buildings shall not apply in the case of buildings or works belonging exempt. to the Crown or to the Colonial Government or upon any land

vested in any person on behalf of His Majesty's naval, military or air force services; but all the provisions of this Ordinance in relation to hoardings, scaffoldings, and verandahs, balconies and areas on or over or into unleased Crown land shall apply without exception to all buildings throughout the Colony.

to tenancy

3. Nothing herein contained shall vary or affect the Saving as rights or liabilities as between landlord and tenant under any contracts. contract between them.

Interpretation.

4. In this Ordinance,

Inter- pretation.

owner.

(1) 'Adjoining owner" means the owner or one of the Adjoining owners, and "adjoining occupier' means the occupier or one of the occupiers, of land, buildings, storeys or rooms adjoining those of the "building owner".

(2) "Author of a nuisance" means the person by whose Author of act, default, permission, or sufferance the nuisance arises or a nuisance. continues.

(3) "Authorised architect" means any individual whose Authorised name appears in the list of authorised architects hereinafter architect. provided for.

(4) "Balcony" means any stage, platform, oriel or other Balcony. similar structure projecting from a main wall of any building and supported by brackets or cantilevers.

Basement.

Build.

Building.

Building Authority.

Building

owner.

Building works.

Cement.

Cockloft.

Cross wall.

Dangerous building.

Domestic building.

Exceptional building.

External air.

1074

(5) "Basement" means any cellar, vault, or under- ground room or any room any side of which abuts on or against the earth or soil to an average height exceeding 2 feet above the floor level.

(6) "Build" includes carry on works.

(7) "Building" includes any part of a domestic building, house, school, shop, factory, workshop, bakery, brewery, distillery, pawnshop, warehouse, godown, place of secure stowage, verandah, balcony, kitchen, latrine, gallery, chimney, arch, bridge, stair, column, floor, out-house, stable, shed, pier, wharf, fence, wall, roof, covered way, canopy, kiosk, sunshade, garage, well, piling, septic tank, cow-shed and hoarding.

(8) "Building Authority" means the Director of Public Works or such other person as the Governor in Council may appoint to give effect to the provisions of this Ordinance.

(9) "Building owner" means such one of the owners of adjoining land who is desirous of building, or such one of the owners of buildings, storeys, or rooms, separated from one another by a party wall or party structure who does or is desirous of doing a work affecting that party wall or party

structure.

(10) "Building works" includes any building construc- tion, site formation, repairs, alterations, additions and every kind of building operation whatsoever.

(11) "Cement" means Portland Cement.

(12) "Cockloft" includes any floor other than a ground floor, and any platform or landing of a greater breadth than three feet and which has not a clear space of nine feet measured vertically above it.

:

(13) Cross wall" means any wall not exposed to the outer air other than a partition wall, used or constructed to be used for separation of one part of any building from another part of the same building.

(14) "Dangerous building" means a building in such a condition as to cause risk of injury either to the occupiers or users of such building or to the occupiers or users of any neighbouring building, or to passengers.

(15) "Domestic building" means any building con- structed, used, or adapted to be used, wholly or partly, for human habitation, but does not include any building where caretakers only, not exceeding two in number, pass the night.

(16) "Exceptional building" includes (i) every public building, factory, workshop, bakery, brewery, distillery, pawnshop, every building intended for special uses, every building made wholly or partly of reinforced concrete, every building made wholly or partly of glass, iron or other material not provided for in this Ordinance, and (ii) every part of every building which is an exceptional building within the meaning of the first part of this paragraph.

(17) "External air" means the air of any space which is vertically open to the sky and unobstructed and which, (when measured from and at right angles to the external

1075

surface of a wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony), has a dimension of not less than thirteen feet throughout the extent of any window opening in such wall, and which (when measured parallel to the external surface of such wall, verandah or balcony and in a horizontal direction) has a dimension of not less than seven feet.

wall.

(18) "External Wall" means an outer wall of any part External of any building not being a party wall, even though adjoining to a wall of another building but does include any outer wall of a verandah projecting over a street.

(19) "Factory" means any premises or place wherein Factory. or within the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

(20) "Floor" includes any horizontal platform forming Floor. the base of any storey, and every joist, board, timber, stone, brick, or other substance, connected with and forming part of such platform.

(21) "Hill-side" means the face of the natural hill, or Hill-side. the face of any scarp or retaining wall built to support the same, or any artificial filling in or terracing with earth behind such scarp or retaining wall, made with the object of support- ing a street or forming a site for a building.

(22) "Hi District" means any part of the island of Hill Hong Kong above the 700-feet contour.

District.

Point

(23) "Kowloon Point District" means that portion of Kowloon Kowloon bounded on the South by Salisbury Road, on the District. North by Jordan Road and Gascoigne Road, on the East by Chatham Road and on the West by Nathan Road.

(24) "Latrine" includes privy, pail latrine, water closet Latrine. and urinal.

(25) "Latrine accommodation" includes a receptacle Latrine for human excreta, together with the structure comprising accommoda- such receptacle and the fittings and the apparatus connected therewith.

wall.

tion.

(26) "Main wall" means either an external or a party Main wall.

,

District.

(27) "Mid-level District" means that portion of the City Mid-level of Victoria which is situated on the southern or south-eastern boundary of a dividing line beginning from a point on the Pokfulam Road at No. 1 Bridge and passing along Pokfulam Road, High Street, Bonham Road and Caine Road as far as Ladder Street to Wing Lee Street, thence along Wing Lee Street and Po Wa Street and bisecting Inland Lot 94, thence along the Northern boundary of Inland Lots 100, 1086, 122 and 123, thence along Shelley Street and the northern boundary of Inland Lot 125 to Old Bailey, thence along Chancery Lane, Chancery Lane Steps, Wyndham Street, Lower Albert Road and Ice House Street, thence along Queen's Road Central and Queen's Road East to the Easterr boundary of War Department land, thence along the Wester boundary of Inland Lots 47A, 47 and 1211 until this line produced meets Monmouth Path, thence in a straight line to

New building.

Occupier.

Owner.

Pail latrine.

Partition wall.

Party structure.

1076

the North West corner of Inland Lot 2325, thence in a straight line to the North West corner of Inland Lot 1593 and thence along Stone Nullah Lane and Kennedy Road, terminating at the junction of Kennedy Road and Queen's Road East. The lateral boundaries to be formed by lines drawn southward from the beginning and termination of the aforesaid dividing line until they meet the Southern boundary of the City of Victoria.

It also includes any such other area or any modification of the said area as the Governor in Council may define and notify in the Gazette.

extent as to

(28) "New building' includes any building begun after the 21st February, 1903; and any then existing building thereafter or hereafter altered to. such necessitate the reconstruction of the whole of any two of its main walls or the removal of the roof and the reconstruc- tion of at least one-half of each of any two of its main walls, whether at the same time or by instalments at different times; and any existing building raised to such an extent that its total height exceeds one and a half times the original height of the building. It also includes the conversion into a domestic building of any building not originally constructed for human habitation, and the conversion into more than one domestic building of a building originally constructed as one domestic building only and any existing building altered in such a manner as to form an additional storey, or the conversion into premises, for separate occupation by different tenants, of any building originally constructed for tenancy.

one

(29) "Occupier" means any person in actual occupation of any premises.

(30) "Owner" includes any person holding premises direct from the Crown, whether under lease, licence or otherwise and also any person for the time being receiving the rent of any premises, solely or as joint tenant, or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner; and if there is no such agent, the occupier; and for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner.

(31) "Pail latrine" means latrine accommodation in- cluding a receptacle for human excreta.

(32) "Partition wall" means any wall of the height of one storey only, or of a less height, used or constructed to be used for separating one part of a building from another part of the same building, and not coming under the definition of "cross wall", "external wall", "main wall" or party wall".

(33) "Party structure" means a party wall, and also a partition, floor or other structure separating, vertically or horizontally, buildings, storeys or rooms which belong to different owners.

1077

(34) "Party wall" means a wall forming part of a Party wall. building and used or constructed to be used in any part of the height or length of such wall for the separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons

(35) "Person" includes a body corporate, a partnership Person. and an association of persons unincorporated.

(36) "Premises" includes any land, building, or structure Premises. of any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch, or place open, covered or inclosed, cesspool or foreshore also any vessel lying within the waters of the Colony.

(37) "Public Building" includes

includes any building not in Public occupation of the Naval, Military or Air Force Departments, building. used for public worship, public instruction, public assembly or public recreation; and also any building used as an hotel or as a public hall or hospital, or for any other public purpose whatsoever.

(38) "Room" includes any sub-division of any storey Room. of any domestic building other than :---

(a) a cubicle:

(b) a drying-room, store-room, pantry, lobby or landing which is not used for sleeping purposes.

(39) "Storey" means the space between the upper Storey. surface of every floor and the upper surface of the floor next above it where such floor exists, but does not include any space which has less height than nine feet.

In the case of a top storey which has a ceiling and the ceiling is horizontal throughout, the space shall be measured from the upper surface of the floor to the underside of the ceiling; if the ceiling is not horizontal throughout the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the highest portion of the ceiling; if there be no ceiling the space shall be measured from the upper surface of the floor to a level half way between the wall plate and the underside of the apex of the roof.

(40) "Street" includes the whole or any part of any Street. square, court or alley, highway, lane, road, road-bridge, footpath, or passage whether a thoroughfare or not.

(41) Tenant' means any person who holds direct from Tenant. any householder the whole or any part of any floor or floors of any building.

C

(42) Tenement-house" means any domestic building Tenement constructed, used, or adapted to be used for human habitation house. by more than one tenant.

(43) "Verandah" means any stage, platform, or portico Verandah, projecting from a main wall of any building and supported by piers or columns.

Wall.

Water closet.

Window.

Works.

List of authorised architects.

Consent of Building Authority required in connection with all new works.

Schedule A.

1078

(44) "Wall" includes cross wall, external wall, main wall, partition wall party wall, and every other kind of wall whether supporting any structure or not.

(45) "Water closet" means latrine accommodation used or adapted or intended to be used in connection with a water carriage system and comprising provision for the flushing of the receptacle by a water supply.

(46) "Window" means a structure placed in an opening in the wall of a building and consisting of sashes hinged to or sliding within a framework of wood, metal, brick or cement, so arranged as to admit light and capable, when opened, of aiso admitting air.

(47) "Works' includes the partial or total constructing, reconstructing, pulling down, opening, cutting into, adding to, and altering any building. retaining wall, chimney-stack, flue, ground, road, well, drain, sewer, and any other building operation whatsoever.

Authorised Architects.

5.-(1) The Clerk of Councils shall publish annually by notification in the Gazette a list of all such architects, engineers and other persons as the Governor in Council may deem qualified to perform the duties required by this Ordinance to be performed by an authorised architect. Such list shall include the names of the Director of Public Works and of such other officers of the Public Works Depart- ment as the Governor in Council may think fit. The Clerk of Councils shall from time to time similarly publish the names of persons added to or removed from the last published annual list by Order of the Governor in Council. The last published list as so amended shall be deemed the current authorised list.

(2) The Governor in Council shall not order the insertion of the name of any person in any such list unless he deems him in all respects fit and suitable to be authorised.

(3) The Governor in Council may by order remove the name of any authorised architect who has ceased to practice. in the Colony, he may also, on any ground which he may deem sufficient, remove the name of any person he may consider unfit or unsuitable to continue to be authorised; but in such last mentioned case notice shall be given, if practic- able, to the person whose name it is proposed to remove and he shall be entitled to be heard by the Governor in Council, either in person or by counsel, before such removal is made.

Plans, Drawings and Notices.

6.-(1) It shall not be lawful to commence any building works without the consent of the Building Authority and the following procedure shall be adopted :-

(a) Notice in writing in or according to the form contained in Schedule A of the intention to commence any building works shall be given to the Building Authority by leaving the same at his office. Every such notice shall clearly state the locality of the intended building works and the number and section or sub-section of the lot on which it is.

1079

intended to build and shall state any special or material particulars in connection with the same which it is not possible to denote on the plans. Such notice shall also state the name and address of the owner and occupier of the building or lot and shall be signed by such owner or occupier or by the duly authorised agent of such owner or occupier.

submitted.

(b) Proper plans of such building works signed by an Plans to be authorised architect showing the position, form, description and dimensions of all portions thereof shall be submitted to the Building Authority with the aforesaid notice for his approval. If repairs, alterations or additions are intended to be made to any existing building they shall be clearly differ- entiated on the plan from the existing work intended to be left intact or utilised in carrying out such repairs, alterations or additions; and if the Building Authority shall consider it necessary so to do he may require further plans to be sub- mitted of other portions of the existing building and of any adjoining buildings. Unless dispensed with by the Building Authority the details of any drainage to be constructed shall be shown on the plan. Every plan shall be drawn on tracing linen or other material approved by the Building Authority, to a scale of not less than one-tenth of an inch to the foot, and shall contain enlarged details with figured dimensions of the principal features of construction and shall also show the position and levels of the surrounding ground and buildings. In cases where several alterations are made in the original design during the carrying on of work involving the submission of amended plans, the Building Authority may require the submission of a complete set of new plans shewing the building as completed. In the case of minor alterations or repairs the Building Authority may dispense with the submission of plans by an authorised architect.

(c) A block plan showing clearly the situation of the Block plan. premises and the neighbouring streets and buildings drawn to a scale of not less than one inch to fifty feet shall be submitted with such plans and if the Building Authority considers it necessary that any levels or development streets be shewn in such block plan he shall be entitled to require the same so to

be shewn.

(d) In the case of a building to be constructed wholly Exceptional or partly of reinforced concrete or steel such plans shall be Buildings. accompanied by proper and complete calculations relevant to such reinforced concrete or steel to the satisfaction of the Building Authority and by a certificate signed by an authorised architect in the form in Schedule B.

Schedule B.

of authorised

before

repairs &c.

(e) In the case of repairs, alterations or additions to any Certificate existing building such plans shall be accompanied by a architect certificate from an authorised architect stating that he has required inspected such building and that in his opinion it is capable of bearing the weight and stresses of the repairs, alterations to existing or additions proposed to be made in accordance with the said building. plan and also of any additional weight or stresses which in consequence of such repairs, alterations or additions may be imposed upon it. Such certificate shall be in the form contained in Schedule C.

(f) The Building Authority may also require any other information concerning the proposed building and the uses to which it may be put that he may deem necessary

Schedule C.

Building Authority to notify if plans are not

regular.

Amendment of plans.

Notice of

commence-

ment or resumption of works.

Schedule A,

Copies of plans to be kept on building works.

No obliga- tion on

1080

(g) The Building Authority shall within twenty eight days of the submission of the said plans notify the person submitting the same or his authorised architect or other representative if they are not in accordance with the require ments of this Ordinance. If the Building Authority does not within such period so notify, the building shown on such plans may be commenced in the same manner as if the approval of the Building Authority had been received. Provided that in the event of such plans having been withdrawn for alteration during such period of twenty eight days by the person submitting the same or his architect or other repre- sentative the said period shall be calculated from the date of their final submission.

(h) If the Building Authority shall within such period of twenty eight days notify the person submitting the plans or his authorised architect or other representative of any matter in respect of which they are not in accordance with the requirements of this Ordinance then, if they are amended as required, the Building Authority shall approve within a period of fourteen days from the time the amended plans are sub- mitted to him and if he shall not signify his approval within such period the building may be commenced in the same manner as if the approval of the Building Authority had been received.

(i) It shall not be lawful to resume any building works if work has been suspended for a period exceeding three months nor to commence any building works which have not been commenced within three months of the date of the approval of the plans, without obtaining the consent of the Building Authority. Seven days notice in writing of the intention to resume or commence such building in or according to the form contained in Schedule A shall be given to the Building Authority who, before giving his consent may require amended plans to be submitted to him for approval if he considers it necessary for the purpose of complying with the provisions of this Ordinance.

(j) All plans, certificates and notices submitted to the Building Authority shall be filed in his office.

(2) A copy of every plan approved by the Building Authority shall be supplied by the authorised architect in charge of any building works to the contractor engaged on such work and it shall be the duty of such contractor to keep every such plans available on such works for inspection by the Building Authority or any officer deputed by him: Provided that nothing contained in this Ordinance shall be Government construed to render it obligatory upon the Building Authority or any Government officer to inspect any building works or existing building for the purpose of verifying the accuracy of any plans, certificates or notices submitted to or approved by the Building Authority nor for the purpose of verifying that the provisions of this Ordinance have been complied with in respect of any such plans, certificates or notices.

to inspect building works, etc.

In case of

emergency

notice may he given

after com- mencement

of work.

(3) In case any accident or emergency shall render it necessary to shore up, underpin, demolish or otherwise make safe any existing building immediately it shall be lawful so to do without first obtaining the consent of the Building Authority provided notice in writing of any such work and of the accident or emergency which necessitated such work shall be given to the Building Authority by the owner or his duly authorised agent within two days thereafter. Failure on the part of an

T

P

*

1081

owner or agent to give such notice within such time as aforesaid shall render such owner or agent liable upon summary conviction to a fine not exceeding five hundred dollars.

If on inspection the Building Authority or an officer deputed by him considers that the building has been made safe he may order all work to be stopped until such time as proper plans have been submitted to and approved by the Building Authority and any owner, agent, architect, engineer or contractor who fails to observe such order shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

architect

(4) On the completion of any repairs, alterations or Certificate additions to any existing building the authorised architect who of anthorised supervised such repairs, alterations or additions shall furnish his certificate to the Building Authority stating that the same completion

of repairs have been completed in accordance with the approved plans. &c. to Such certificate shall be in the form contained in Schedule D. existing

building. Failure to furnish the Building Authority with such certificate within one week after the date of completion of work shown on the approved plan shall render the authorised architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

Schedule D.

(5) Adequate supervision in and throughout the carrying Adequate on of works shown on any plans approved by the Building supervision

by authorised Authority shall be exercised by the authorised architect who architects. has signed such plans: Provided that if at any time prior to the completion of such works the supervision thereof be transferred or changed to another authorised architect the latter shall exercise adequate supervision of such work and shall also if required by the Building Authority furnish fresh plans for his approval.

Notice in writing of any such transfer or change of supervision shall be given to the Building Authority immediate- ly after the date of such transfer or change by both the authorised architect whose duty it was to supervise the work up to date of such transfer or change and also by the authorised architect to whom the supervision has been transferred or changed. Failure on the part of an authorised architect to furnish such notice to the Building Authority within two days after the date of such transfer or change shall render such architect liable upon summary conviction to a fine not exceeding ten dollars per day in respect of each day of his default.

exercise

Failure on the part of an authorised architect to exercise Penalty for adequate supervision in and throughout the carrying on of failure to any work which it is his duty to supervise shall render him adequate liable upon summary conviction to a fine not exceeding two supervision. thousand dollars.

in plans,

(6) (a) Every misrepresentation of a material fact in any Misrepre- plan, certificate or notice submitted or furnished to the sentation Building Authority shall be deemed a contravention of this certificates Ordinance and the person who has signed any such plan. or notices. certificate or notice shall be liable upon summary conviction to a fine not exceeding two thousand dollars.

Divergence

or deviation from approved plans.

Power of magistrate to require compliance

1082

(b) Every material divergence or deviation from the work shown in any plan approved by the Building Authority, unless such divergence or deviation has received the written approval of the Building Authority shall be deemed a contravention of this Ordinance. In respect of any such divergence or devia- tion which is not so approved, every owner, agent, architect, engineer or clerk of works who condones such divergence or deviation and every contractor employed in the building who carried out such divergence or deviation shall upon summary conviction be liable to a fine not exceeding two thousand dollars in respect of every such divergence or deviation. Every material divergence or deviation from the work shown in such plan shall be reported in writing to the Building Authority within seven days from the date on which such divergence or deviation occurred, by the authorised architect whose duty it is to supervise such work. Failure on the part of such authorised architect to furnish such report to the Building Authority within the above-mentioned period shall render such authorised architect liable upon suminary conviction to a fine not exceeding two thousand dollars and such failure shall be deemed prima facie evidence of condona- tion by such authorised architect of such divergence or deviation.

(7) In the case of any contravention of this Ordinance under sub-section (6), a Magistrate shall also have power to order the building works or any portion thereof to be forthwith. with Ordin altered or demolished so as to comply with the requirements of this Ordinance and to the satisfaction of the Building Authority.

ance.

Chinese domestic buildings within Mid-level,

Hill, or Kowloon Foint Districts

prohibited.

Building Authority to inspect any such

building on complaint.

Restriction

to the

Chinese in

the Mid-

level, Hill or Kowloon Point

Design of buildings.

7. It shall not be lawful to erect any Chinese domestic building (unless specially sanctioned by the Director of Public Works who shall be the sole judge as to what constitutes a Chinese domestic building) other than quarters for occupation by servants, within the Mid-level District, the Hill District or Kowloon Point District and no non-Chinese domestic build- ing shall be divided with the object of providing for its occupa- tion by more than one person to every one thousand cubic feet of clear internal space.

8. Upon the complaint of any person (whether such per- son be aggrieved or not) that a Chinese domestic building has been built within the Mid-level District, the Hill District, or Kowloon Point District or that any domestic building in either of such districts is sub-divided, in contravention of the pro- visions of this Ordinance, the Building Authority or any officer deputed by him for the purpose, shall inspect such building, and any person in any way obstructing such inspection shall be deemed to be acting in contravention of this Ordinance.

9. Nothing in sections 7 and 8 shall be held to prevent not to apply the owners of Chinese domestic buildings now existing within residences of the Mid-level District or the Hill District, or Kowloon Point District from repairing such buildings in accordance with their present structure, nor shall anything in this Ordinance be held to preclude any Chinese or other person from owning or occupying or residing in any lawful domestic building in the Mid-level District, the Hill District or Kowloon Point District; nor shall the said sections apply to any land in the occupation of the Naval, Military or Air-force Departments, but they shall

District.

--

T

1083

apply to any land now in the occupation of the Naval, Military or Air-force Departments whenever such land ceases to be in such occupation.

rights of the

type of

10. Nothing contained in this Ordinance shall be held to Existing affect the right, which has hitherto been exercised by the Government Government, of forbidding the erection in any part of the to regulate Colony (whether in the Mid-level District or the Hill District buildings or Kowloon Point District or elsewhere) of buildings of a to be different character from those previously existing on the same preserved. site. The Building Authority shall have the power to refuse his approval of the plans of any building which differs in design or character from those in the immediate neighbourhood.

Hoardings and scaffoldings.

erected

ings and

scaffold-

11. Every person who is about to erect or take down any Hoard- building shall, before commencing to erect or take down such safety plat- building, cause to be put up and maintained such hoarding forms, and platforms as may be necessary for the safety and con- ing, etc. venience of passengers and the occupiers of adjoining property; but no pathway or thoroughfare shall, during building opera- tions or otherwise be occupied by a hoarding, platform or scaffolding or any building material whatever except by per- mission of the Building Authority or an officer deputed by him in that behalf, who may grant permission on a written applica- tion.

The pavement, side channel and surfacing of any thoroughfare shall not be broken up, or into, by the excava- tion of holes for the purpose of securing any hoarding or scaffolding poles and the side channels shall be in no way obstructed by such hoarding or scaffolding poles or by any building debris or building material.

Building materials.

building materials.

12. Except as hereinafter provided, the walls of all Authorised

                            per manent buildings shall be constructed exclusively of good hard well burnt brick, sound stone, or other hard and incombustible material approved by the Building Authority.

buildings.

13. Subject to the provisions of any regulations made Exceptional under section 14, the design, construction and situation of every exceptional building shall be subject to the special approval of the Building Authority.

14. It shall be lawful for the Governor in Council to Fower to

make regula- make regulations governing the design, construction and sit- tions relating uation of exceptional buildings or any class of exceptional to exception-

al buildings. building. The regulations in Schedule B shall be deemed to

Schedule B. have been made under this section.

in districts

Victoria or

15. Notwithstanding anything herein to the contrary Buildings provided, where any building is outside the boundaries of the outside the City of Victoria or Kowloon such building if separated by a City of distance of not less than one hundred and fifty feet from any Kowloon. other building, may have walls, verandahs and balconies con- structed wholly or partly of wood, and such building shall be deemed to be an exceptional building and shall be subject to the approval of the Building Authority in each particular case.

Walls.

16. Every wall shall be constructed of brick, stone or Construc- other hard incombustible substance, solid across its entire tion of walls

regulated, thickness and shall be properly bonded and substantially put

Thickness

of external and party walls.

1084

together with good cement or lime mortar to the satisfaction of the Building Authority. Except where specially permitted in this Ordinance, no part of such wall shall be thicker than any part underneath it, and all cross walls and return walls shall be properly bonded into main walls. Sound blue bricks may be used in the walls of the uppermost storey only of a building, or, where such storey exceeds fifteen feet in height, in the uppermost fifteen feet of the walls of such storey; but blue bricks may not, without the approval of the Building Authority, be used in the walls of the other storey or storeys.

17. (1) Every person who erects a new building shall construct every external and every party wall of such building not exceeding thirty-five feet in length, clear of cross walls, in accordance with the following rules, and in every case the thickness prescribed shall be the minimum thickness of which such wall may be constructed :-

(a) Where the wall does not exceed 12 feet in height, it shall be 9 inches thick for its whole height.

(b) Where the wall exceeds 12 feet but does not exceed 25 feet in height, it shall be 13 inches thick for its whole height.

(c) Where the wall exceeds 25 feet but does not exceed 40 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 18 inches thick, and in the other storey or storeys 132 inches thick.

(d) Where the wall exceeds 40 feet but does not exceed 55 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

(e) Where the wall exceeds 55 feet but does not exceed 70 feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 13 inches thick.

(f) Where the wall exceeds 70 feet but does not exceed SO feet in height, the wall in the lowermost storey, and in any space underneath such storey, shall be 314 inches thick, the wall in the next storey 27 inches thick, the wall in the next storey 22 inches thick, the wall in the next storey 18 inches thick, and in the other storey or storeys 131⁄2 inches thick.

Provided that-

(i) in cases where the number of storeys is less than that indicated in the foregoing rules or where the walls are con- structed in good cement mortar, the respective thicknesses of the walls shall be determined by the Building Authority;

(i) in the case of two-storied buildings and of the upper- most two storeys of buildings containing a greater number of storeys, the walls may be 13 inches thick throughout the height of such two storeys, provided such height does not exceed 25 feet;

(ii) no storey shall exceed in height 16 feet without the permission of the Building Authority, who shall in such case prescribe to what extent, if any, the walls shall be increased in thickness. Such increase of thickness may be provided for by piers of the required thickness and of such collective length, not exceeding one.fourth part of the length of the walls, as the Building Authority may require.

1085

(2) If any wall exceeds 35 feet but does not exceed 60 feet in length clear of cross walls, the thickness of such wall shall, unless the Building Authority otherwise permits, be in- creased by adding 4 inches to the thickness specified in sub- section (1).

apply to

18. The provisions of section 17 shall also apply, in the Sec. 17 to case of existing buildings, to any walls or portions of walls walls here- hereafter erected or re-erected therein : Provided that in after erected

                            any case where from any cause it is not practicable or desirable to apply such provisions, the thicknesses shall be determined by the Building Authority.

or re-erected.

of length

19. (1) No wall, other than a boundary wall, shall Limitation exceed sixty feet in length, clear of any return or cross wall, of walls. without the approval of the Building Authority.

Cross

A wall shall not be deemed a cross wall for the

purpose walls. of determining the length of any external or party wall unless it is carried up to the top of the topmost storey, and unless in each storey the aggregate extent of the vertical faces or eleva- tions of all the recesses and that of all the openings therein taken together shall not exceed one-half of the whole extent of the vertical face or elevation of the wall in such storey.

over 80 feet

approved by

Measurement

(2) No wall shall exceed eighty feet in height without the Walls approval of the Building Authority. The height of every wall in height shall be measured from the level of the adjacent foot-path, or, to be where no foot-path exists, from the level of the street or Building ground outside to the highest part of such wall or, in the case Authority. of a gable, to half the height of such gable, but shall in no case of height include any portion of a wall which acts as a retaining wall. of walls. Ornamental towers, turrets, or other architectural features or decorations, not exceeding nine feet in height and parapets not exceeding three feet in height shall not be included in measur- ing the height of such wall.

external

(3) Any external wall of a building exceeding thirty-five Tie-rods feet in length, clear of cross walls, shall be secured at the level required for of each upper floor, and at the ceiling or roof, with wrought- walls more iron tie-rods not less than one and a quarter inches in diameter, than 35 feet. spaced not more than twelve feet apart and extending through such external wall and the nearest parallel wall of such build- ing. The tie-rods shall have screwed ends with nuts bearing upon wrought-iron washer plates not less than eighteen inches square by half an inch in thickness, or cast-iron washer plates to be approved by the Building Authority, and the brickwork of each wall for its full thickness and for an area of two feet square round the end of each tie-rod shall be built in cement- mortar :

Provided that the Building Authority may modify or dis- pense with the requirements of this sub-section whenever he may consider such requirements unnecessary.

walls to be

main walls.

20. The thickness of every cross wall shall be at least Thickness two-thirds of the thickness prescribed by section 17 in that of cross behalf for an external wall or party wall of the same height two-thirds and length and belonging to the same class of building as that that of to which such cross wall belongs, unless, in any particular case, the Building Authority shall specially authorise a less thickness. But if such cross wall supports a superincumbent external wall the whole of such cross wall shall be of the thickness prescribed for an external wall or party wall of the same height and length and belonging to the same class of building as that to which such cross wall belongs.

STL

ان

5

d

y

པ ཁཎྜ

Thickness

of partition walls.

Damp-proof

courses to be

1086

21. Partition walls not exceeding twelve feet in height and the external walls of latrines, bathrooms and stair hoods not exceeding eight feet in height may be constructed of brick in cement-mortar of a thickness of four and a half inches, or of reinforced concrete or of such other material and of such thickness as the Building Authority may permit.

22. Every wall of every new building shall have a damp- be provided. proof course composed of materials impervious to moisture to be approved by the Building Authority extending throughout its whole thickness and at such level as the Building Authority may require.

Construction of founda- tions.

Retaining walls.

Every external or enclosure wall which abuts against the earth shall be protected by a vertical damp-proof course set in a position satisfactory to the Building Authority.

23. The foundation of every wall of a building shall be of footings of sound stone, brick, concrete, or other equally hard substance, carried down to a depth of not less than twice the thickness of the wall in the lowest storey of the said building; and the lowest course of every such foundation shall be of a width of not less than twice the thickness of the wall in the said lowest storey, and the width of such foundation shall diminish gradually towards the upper surface thereof in regular steps or offsets: Provided that on rock or hard ground of an incompressible nature, or in sandy, unstable or soft ground, the Building Authority may permit or require the foundations of all works and buildings to be of such special depth and width and of such materials as shall be approved by him as being in each particular case applicable to such ground.

24. Retaining walls shall be constructed of masonry, brickwork or cement concrete. Such walls when constructed of masonry or brickwork shall be properly bonded and built solid throughout in cement mortar or when built in masonry may be laid dry.

Every retaining wall shall be provided with one or more adequate foundation courses of cement concrete laid at right angles to the face of the wall on solid ground or piling and each course shall not be less than 12 inches in depth and shall project at least 6 inches beyond the face of such wall and shall extend the full thickness of such wall. All masonry and brick walls exceeding 12 feet in height shall be provided with lacing or bond courses of good cement concrete at least one foot in depth extending throughout the full thickness of the wall. The lacing courses shall be thoroughly keyed into the wall on their upper and lower beds. The distance between the top of the foundation courses and first of such lacing courses and the distance between any two adjacent lacing courses shall not exceed 6 feet measured vertically. In the case of a masonry wall the stones shall be roughly squared and have flat beds, and bond or header stones at least 2 feet 6 inches in length must be inserted in alternate courses and laid to break joint and there shall not be less than one such bond or header stone to every square yard of surface area of the wall. At the back of every retaining wall (except when such is con- structed in dry masonry) there shall be formed a layer of hand-packed broken brick or granite of a thickness of at least 12 inches and every such wall shall also be provided with weepholes of not less than 3 inches internal diameter and at least one such weephole shall be provided to every four super- ficial yards of the face of the wall.

11:

1087

Every retaining wall shall be provided with a proper cop- ing of cement concrete or other impervious material approved by the Building Authority and adequate channels shall be formed at the top and toe of every such wall to intercept and carry off stormwater.

The design of every retaining wall, breast wall, dam or similar structure shall be subject to the approval of the Building Authority to whom a stress diagram of the wall must be sub- mitted.

of boundary

25. No person shall construct or reconstruct any bound- Construction ary wall or enclosure wall fronting any public road or or enclosure thoroughfare unless it is solid throughout its entire thickness walls. and built of brick or stone properly bedded and bonded together, surmounted by a coping of dressed stone or properly moulded bricks set in cement mortar or constructed of such other materials as may be approved by the Building Authority.

to be carried

26. Every party wall shall unless exempted by the Build- Party walls ing Authority be carried up above the upper surface of the up above roof of every building to a height of at least eighteen inches, roof. measured at right angles to the slope of the roof, and every such party wall and every parapet wall shall be properly coped with a coping composed of cement and sand in the proportion of not less than one part of cement to every two parts of sand, or of such other material as the Building Authority may approve, or shall be otherwise protected in order to prevent water soaking into such wall.

through

27.-(1) Openings may only be made in party walls to Openings an extent not exceeding one half of their area on each storey party or unless in the opinion of the Building Authority a greater area external may be allowed.

(2) When it is desired to close any openings previously made through any party wall, such openings shall be solidly stopped up with brick or stone-work of the full thickness of the party wall, and such brick or stone-work shall be built in lime-mortar or cement-mortar and properly bonded with such party wall. Any future openings through any such party wall shall be restricted to the removal, in whole or in part, of such stoppings, unless the previous openings did not extend to one half of the area of such wall, and additional openings shall only be made in such manner as to ensure that the total extent of the openings, inclusive of those previously made, shall not ex- ceed one half of the area of such wall on each storey.

walls.

(3) Recesses may be made in party walls and in external Recesses. walls : Provided that the aggregate area of such recesses does not exceed one-half the whole area of the wall of the storey in which they are made, and that the backs of such recesses are of not less thickness than thirteen inches in party walls, and nine inches in external walls.

(4) In the case of a shop front left open to the street, the Returns to side walls or party walls shall be returned along such front for shop fronts. at least twelve inches where the house has more, and for at least nine inches where the house has not more, than one storey above the ground storey, and such return walls shall be properly bonded into the side walls or party walls in cement mortar. Where such shop front is in a corner building, the side wall shall be returned along such front for at least two feet.

Openings

and recesses

to be arched

or spanned.

Lath and

plaster walls prohibited.

Bonding of

walls of

domestic

buildings.

1088

(5) Every opening and every recess in any wall shall either be arched over with brick or stone-work in cement- mortar or spanned by a steel girder or ferro-concrete beam of such dimensions and construction as the Building Authority may consider necessary for the support of the superincumbent weight.

28. No lath and plaster wall, or other hollow wall, shall be hereafter constructed in any building except with the per- mission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Bonding for the walls of domestic buildings.

29. Every building hereafter erected shall have courses of hoop-iron, tarred and sanded, or other suitable bonding, built into the main walls at the level of the foundations, if required by the Building Authority, and at the level of each floor and at the level of the eaves. Each such course shall consist of not less than three bands in the case of foundations and of all walls of a thickness of not less than eighteen inches, and of not less than two bands in the case of all walls of a less thickness than eighteen inches; each hoop-iron band shall measure not less than one inch and a quarter in width, and not less than one-thirty-second of an inch in thickness, and such bands shall be continuous and lap-jointed wherever prac- ticable. In any case in which continuous bands are not prac- ticable they shall be arranged as the Building Authority may require.

Bearings of bressummers and lintels.

Impermeable

floors to

[cf. s. 167.]

Bressummers and lintels.

30. Every joist, bressummer and lintel shall be of sufficient strength and rest upon a template of cement concrete or stone laid in cement mortar and shall have a bearing of not less than the depth of the member.

Concreting of ground surfaces.

31.-(1) The ground surface of the lowermost storey or be provided. where there is a space below such storey then the ground sur- face of such space, of every building and the floor of every kitchen, bathroom, latrine, and water closet and the ground surface of every area, backyard, court-yard, alley-way or space on which slops may be thrown or from which foul waters flow, shall be properly covered over with a layer of good lime concrete not less than four inches thick finished off smooth with not less than two inches of cement concrete or hard glazed bricks or granite paving or glazed tiles bedded and jointed in cement mortar or with not less than four inches of cement concrete or with such other material as may be ap- proved by the Building Authority. For the purposes of this section the cement concrete shall be composed of one part of cement, two parts of sand and four parts of stone broken to pass a one inch ring for interior surfaces and one part of cement, three parts of sand and five parts of stone broken to pass a one inch ring for exterior surfaces.

(2) The ground surface of every area, kitchen, latrine, water closet, backyard, court-yard, alley-way or space on which slops may be thrown, shall have a fall of not less than 1 in 40 from the walls of the building towards the surface channel or other outlet for the drainage of such surface.

1089

(3) This section shall not apply to any existing domestic building, the ground surface of which has been paved to the satisfaction of the Building Authority in accordance with any existing law or by-law and which is so maintained.

material

32. Where the ground surface of any building or the Repairs to floor of any kitchen, bathroom, latrine, or water closet, or impermeable the ground surface of any area, backyard, court-yard, alley- over ground way or space on which slops may be thrown or from which surface. foul waters flow, is or has been paved or covered over with [ef. s. 167.] impervious material, and such material has been subsequently broken, excavated or otherwise disturbed, or has perished, the landlord or owner shall make good the same to the satisfaction of the Building Authority upon the completion of any work for the execution of which the same has been broken or other- wise disturbed or within fourteen days from the receipt by him of written notice from the Building Authority so to do; and in default thereof he shall be liable to a fine not exceeding twenty-five dollars for each offence, and to a further fine not exceeding ten dollars for each day after such conviction during which such offence continues.

Floors.

33. The level of the ground floor of every domestic build- ing hereafter erected shall be not less than six inches higher than the highest level of the ground outside such building: Provided that the Building Authority may reduce this require ment in any case where in his discretion it may appear de- sirable.

Level of the ground floor to be above level of ground outside.

timbers of

34. No floor timbers of any one building shall approach Distance nearer than nine inches towards the floor timbers of any other between floor contiguous building, and the space intervening between the contiguous ends of such timbers shall be properly and substantially built buildings. up solid with whole bricks or with stone laid in mortar.

corbels of

stone-work.

35. The floors of all buildings including verandahs shall Floors to not unless constructed of concrete or other incombustible rest on material) be built into the thickness of any wall, but shall brick or either rest upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the floor. When any opening in a timber floor is to be filled in, every joist over such opening shall be formed in one length to span from wall to wall unless otherwise approved by the Building Authority.

under board-

36. Every person who shall erect a new domestic build- Ventilation ing shall construct every room in the lowest storey, if provided ed floors with a boarded floor, in such manner that there shall be, for in the lowest

storey. the purpose of ventilation, between the underside of every joist on which such floor may be laid and the upper surface of the concrete with which the ground surface or site of such building may be covered, a clear space of an average height of not less than two feet and six inches above the level of the ground outside, and he shall cause such space to be properly ventilated, any openings for such purpose being protected in such manner as effectually to exclude rats from such premises.

floors to

37. All wooden floors hereafter constructed shall be Wooden properly tongued and grooved or otherwise jointed so as to be reasonably water-tight.

be water- tight.

Cement

skirtings required.

1090

38. The floors of all domestic buildings hereafter erected shall, unless specially exempted by the Building Authority, have skirtings of cement or of other impervious material approved by the Building Authority, at least nine inches in height and of a thickness of not less than one inch.

Space to be left between floors.

Height of storeys in certain buildings.

Certain spaces not to be used

for habita- tion.

Rules as to cocklofts.

Height of Storeys.

39. (1) In the case of every domestic building hereafter erected, the lowest storey used or adapted to be used for human habitation shall contain a clear space of at least eleven feet, measured vertically, and every upper storey shall contain a clear space of at least ten feet measured vertically: Provided nevertheless that in the case of any caretakers' quarters, servants' quarters, kitchen and pantry a clear space of at least nine feet measured vertically, and in the case of any bathroom, latrine and water closet, a clear space of at least eight feet measured vertically shall be sufficient.

40.-(1) In this section-

"Semi-detached" has the same meaning as in section 82.

(2) This section shall apply only to domestic buildings erected after the 24th day of June, 1920.

(3) In detached and semi-detached buildings, and in any building exempted by the Building Authority every storey shall, subject to sub-sections (4) and (5), contain a clear space of at least nine feet six inches measured vertically.

(4) Caretakers' quarters, servants' quarters, kitchens and pantries may be constructed so as to contain a clear space of only nine feet measured vertically.

(5) Bathrooms and latrines may be constructed so as to contain a clear space of only eight feet measured vertically.

41. No building or part of a building which has a clear space of less than nine feet measured vertically shall be used for human habitation.

Cocklofts.

42.--(1) No cockloft shall be hereafter erected in any storey or room which is used for sleeping purposes nor shall a cockloft be erected in any storey of a domestic building other than the ground storey of such building.

(2) No cockloft shall without the permission of the Building Authority extend over more than one half of the floor area of the room or exceed two hundred square feet in area and every cockloft shall have a clear space below every part of it of not less than nine feet measured vertically.

(3) No cockloft shall so obstruct any doorway or window opening into the external air as to prevent the same being opened to its full extent nor shall any cockloft or stair leading to the cockloft be erected nearer than four feet to such doorway or window unless with the permission of the Building Authority.

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1091

(4) No cockloft shall, without the permission of the Building Authority, be hereafter erected in any domestic building which exceeds forty feet in depth.

(5) No portion of the space either above or below any cockloft shall be inclosed except by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two-thirds open, and as far as practicable evenly distributed.

(6) No cockloft shall be erected or if already existing be allowed to remain, in any kitchen.

(7) No cockloft shall be used for any purpose other than storage.

(8) Every cockloft shall, unless the Building Authority shall otherwise permit, be supported directly from the ground. by pillars or columns to the satisfaction of the Building Authority in such manner that no additional load is placed upon any wall of the building in which such cocklöft is situated, provided that any existing cockloft, for which a permit in writing has been issued by the Sanitary Board or Building Authority, shall be allowed to remain, subject to the conditions of such permit.

Staircases.

43. Every building hereafter erected, which exceeds Rules as one storey in height shall be provided with a staircase in to construc- accordance with the following provisions:-

(1) Every main staircase hereafter erected shall be so arranged as to have a tread of not less than nine inches from the face of one riser to the face of the next and no riser shall be of a greater height than seven inches.

(2) Every staircase hereafter erected shall, unless exempted by the Building Authority, be inclosed by walls of fire resisting material and shall not be constructed with a soffit so as to form any enclosed space between the treads, the risers and such soffit, unless otherwise approved by the Building Authority.

(3) At every storey on every staircase hereafter erected adequate light and ventilation shall be provided to the satis- faction of the Building Authority.

(4) Every building hereafter provided with stairs shall have a staircase giving direct access to a street or lane, or to an open space leading thereto, to the satisfaction of the Building Authority, and in the case of a building of more than two storeys in height, or in which any floor is more than twenty three feet above the level of the strect, such staircase shall be continued to give egress on to the roof of the top storey or there shall be provided to the satisfaction of the Building Authority an additional staircase from the floor of the second floor storey giving egress on to the roof of the top storey or some other satisfactory means of escape in the case of fire.

(5) Every main staircase, including the treads, risers, strings and other supports, and all landings, enclosure walls, lobbies and passages from one flight to another, hereafter

tion of staircases.

Lifts, etc.

Fire

escapes for storeys exceeding 35 feet above street level.

1092

erected in any building which is constructed or adapted or converted to be used either wholly or in part as a public building, a tenement house for separate families or for offices, shall be of fire resisting materials to the approval of the Building Authority. All doors and window openings or glazed partitions communicating with any such staircase shall be adequately protected by fire resisting doors of solid teak not less than two inches thick or by wired glazing or by other method equally satisfactory to the Building

Authority.

(6) Every main staircase hereafter erected shall be provided with a handrail properly fixed on at least one side of every flight and no flight, landing, lobby or passage from one flight to another shall be of less width than three feet unless otherwise approved by the Building Authority.

(7) Every staircase and all landings, lobbies and passages from one flight to another shall at all times be kept open and free from any obstruction whatsoever.

Lifts and lift shafts.

44.--(1) Every lift or

        or hoist shaft hereafter erected shall be inclosed by walls of fire resisting materials at least three inches thick and shall be ventilated from the highest point direct to the outer air, to the satisfaction of the Building Authority.

(2) The door to every lift or hoist shaft hereafter erected shall be of fire resisting material and when such lift or hoist is used for the conveyance of passengers the door shall be so arranged that it can only be opened when the lift cage is at rest opposite the doorway and that the lift cage. cannot be moved unless the door to the lift shaft is properly closed.

(3) Every lift and hoist and any mechanism connected therewith shall be constructed and arranged in such manner and position as the Building Authority may approve.

(4) Every lift and hoist and any mechanism connected. therewith shall be kept by the owner of the building in which such lift or hoist is installed in good order and repair and efficient working order.

Fire escapes.

45. Every existing building and every building here- after erected which has a storey the floor of which is more than thirty-five feet above the level of the street or ground surface adjoining the front of such building shall be provided on every storey with such means of escape in the case of fire, for the persons using, dwelling or employed therein, as the Building Authority may require.

Any means of escape so provided shall be kept and maintained by the owner of the building in good condition and repair and efficient working order and no person shall obstruct or render less commodious or suffer to be rendered less commodious any such means of escape.

1093

Ceilings.

prohibited.

46. No ceiling shall hereafter be erected in any building Ceilings except with the permission of the Building Authority as signified by the approval of the plan required under the provisions of this Ordinance.

Corbelling.

stone or

47. All corbelling for the support of floor or of roof Corbels timbers shall be done in stone cut to flat beds, or in red to be of brick, at least nine inches in length, set in cement-mortar. brick. The entire thickness of the walls throughout the height of such corbelling shall also be built in cement-mortar. No one corbelling course if of brick shall project beyond the course immediately beneath it more than two and a quarter inches.

Roofs.

of incom-

material.

48. The roof of every building and of any minor Covering of superstructure placed above such roof except the doors, and roof to be frames of dormers or sky-lights, shall be externally covered bustible with tiles, glass, metal, or other incombustible substance. All hatchways leading out to the roofs of buildings shall be provided with hatches or covers which, if not composed entirely of metal, shall be properly sheathed externally in sheet-zinc or other metal approved by the Building Authority.

between

49. No roof timbers of any one building shall approach Space nearer than nine inches towards the roof timbers of any timbers of other contiguous building, and the space intervening contiguous between the ends of such timbers shall be properly and substantially built up solid with whole bricks or with stone laid in mortar.

buildings.

Structures

on roofs

50. No platform, superstructure, staging, framework, wire, wire netting, bainboo, matting or structure whatsoever, prohibited. shall be erected, maintained or fixed over or upon the roof of any building except with the permission of the Building Authority or unless used solely for the purpose of drying

clothes

Roofs to

rest upon brick or

51. The roofs of all buildings, including verandahs shall not, unless wholly constructed of incombustible materials, be built into the thickness of any wall, but shall either rest stone-work. upon the top of the wall or upon corbelling or an offset, so arranged as to give a bearing of at least four and a half inches for the roof.

and rain-

down-pipes

52. The roof of every building (including every Eaves- verandah and balcony) and the floors of every verandah and gutters, balcony shall be so arranged and constructed, and so supplied water with eaves-gutters and rain-water down-pipes properly te connected with the side-channels as to prevent any water provided. being discharged upon or over any public foot-path or roadway.

Wood-work.

to be

53. No bond timber or wood-plate shall be built into Bond the thickness of any wall.

timbers or wood-

plates not to be built

into walls.

Timber or wood-work

near flue

1094

54. No timber or wood-work shall be placed in any wall or chimney-breast nearer than nine inches from the or chimney inside of any flue or chimney-opening, nor under any chimney- opening within six inches from the upper surface of the hearth of such chimney-opening.

opening

prohibited.

Limitation

of pro- jections.

Mouldings

shutters and other projections.

Projections into public thorough- fares prohibited.

Proviso in case of

public buildings.

Encroach-

ments over Streets regulated.

Schedules

E and F.

Schedules G and H.

Balconies forbidden in streets less

than 25

feet wide;

Projections, etc.

55. No encroachment or projection whatsoever, except- ing eaves, cornices and mouldings not exceeding eighteen. inches projection, shall extend over any street or unleased Crown land unless with the special permission of the Building Authority.

56. Every eaves, cornice moulding or other projection whatsoever over any street or unleased Crown land shall be constructed of such material and in such manner as the Building Authority may decide and no door, gate, window or shutter opening on any street shall be so hung or placed as to project beyond the building at a height of less than seven and one half feet above the street level.

57. Save as by this Ordinance provided, it shall not be lawful for any person to make any door or gate in such manner as to open over a public thoroughfare, nor to project any door-step or landing on, or across any public foot-path, nor to extend or affix any sunshade, telegraph wire, signboard, lamp, grating, gutter, or other unauthorised projection from any building, in such manner as shall cause obstruction, danger, or annoyance, in any street or to the passengers thereon, or so as to cause any encroachment on or over any street or unleased Crown land:

Provided that in the case of theatres and other public buildings the doors may with the consent of the Building Authority be made to open outwards over a public thorough- fare.

Verandahs, balconies and areas.

58. No encroachment shall be made on, over or into any street whether public or private or into unleased Crown land by any verandah or balcony, or by any area, or by any

structure whatsoever-

(1) unless with the previous consent of the Governor and subject to such conditions as he may see fit to impose; and

(2) until the applicant for leave to make such encroach ment shall have previously signed an undertaking in the form contained in Schedules E or F; and

(3) unless in accordance with the regulations contained in Schedules G and H; and

(4) unless the building to which such verandah, balcony, area or structure appertains shall comply in all respects with every provision of this Ordinance.

59. No balcony shall, except with the consent of the Governor in Council, be hereafter erected or re-crected to project over any street, whether public or private, which is less than twenty-five feet in width.

!

1095

building

width of

60. No verandah or balcony shall, except with the or when the consent of the Governor in Council, be hereafter erected or exceeds in re-erected to project from any building which exceeds in height the height the width of the street over which such verandah or the street. balcony is intended to project, nor shall any building from which a verandah or balcony projects be afterwards increased in height so as to exceed the width of the street over which such verandah or balcony projects.

projection of

Balconies.

61. The number of storeys and the projection of Height and verandahs or balconies projecting over any street shall be verandahs determined by measuring on the line of the wall abutting on and such street a vertical height equal to the width of the street over which the verandahs or balconies are intended to project and from the point thus determined a line at an angle of 75° with the horizontal shall be drawn and any part of a verandah or balcony except the balustrade, falling outside such line shall be deemed illegal, and no portion of any verandah or balcony shall project beyond the line of kerb of the footpath underneath such verandah or balcony provided that in no case shall the projection exceed 11'6" from the lot boundary adjoining such verandah or balcony and if there be no foot- path the projection of the verandah or balcony shall be determined by the Building Authority.

62. The width of a street shall be determined by the Building Building Authority.

Restriction on partitions, obstructions and inclosures in

verandahs or balconies.

Authority to determine width of

street.

and balconies

63. No partition (other than such as may be necessary Verandahs for the separation of the verandah or balcony of any building from the verandah or balcony of any adjacent building) shall inclosed. be erected in any verandah or balcony over unleased Crown land or over any street, nor shall any such verandah or balcony be obstructed or inclosed wholly or in part, (except by a balustrade not exceeding 3 feet in height) or used as a bathroom, urinal, water closet, sleeping apartment, store- room, or kitchen, nor shall any rain or other water be dis- charged therefrom save in the manner hereinbefore provided:

Provided that, in the case of hotels and blocks of offices, such partitions may be erected as may be necessary for the separation of one room or suite of rooms from any adjacent

room.

Kitchens, fireplaces and chimneys.

accommoda-

in domestic buildings.

64. Every domestic building, and every floor of a Kitchen domestic building which is separately let for dwelling pur- tion to be poses, shall be provided with adequate kitchen accom- provided modation, the internal area of which shall not, except with the permission of the Building Authority, as signified by the approval of the plan required under the provisions of this Ordinance, be less than sixty square feet, and every kitchen shall be provided with a properly constructed fireplace, and every kitchen shall be properly paved or floored with cement- concrete or other non-absorbent material approved by the Building Authority. The internal surface of the walls, of every kitchen shall also be rendered in cement-mortar, or other non-absorbent material approved by the said Authority,

Limitation of extent of kitchens in tenement houses.

Construction

of chimneys

or fire-

places.

Fireplaces adapted for use of

charcoal or wood to have hoods.

Floors

under oven, stove, or fireplace

1096

to the height of at least four feet from the floor level, and the thickness of such material shall not be less than half an inch.

65. No kitchen of any tenement house shall, without the permission of the Building Authority as signified by the ap- proval of the plan required under the provisions of this Ordin- ance, hereafter be constructed so as to extend across more than one-half of the width of such building if such building has other buildings abutting against it on both sides or is separated from any adjacent building or from land on which any building may be erected by a less space than twenty feet throughout one side. The width of a building shall be measured parallel to the principal front and shall be the average distance between the centres of the party walls or the outer faces of the lateral external walls of such building.

66. Every fireplace shall be constructed with a proper chimney or smoke-flue and in such a manner as not to allow the smoke to escape through any window or hole in the walls or roof or through any vent other than such chimney or smoke- flue. The interior surfaces of every brick or masonry chim- ney or smoke-flue shall be smoothly rendered with mortar, or lined with earthenware pipes and no such chimney or smoke- flue shall have less than twenty-eight square inches of internal sectional area, equivalent to a diameter of six inches in the case of circular pipes, unless with the approval of the Building Authority. Except when required for heating purposes, smoke-flues shall be encased with brickwork properly bonded into the wall in connexion with which they are constructed, and, when added to existing buildings, such brickwork shall

be built in cement-mortar :

Provided that in the case of chimneys or smoke-flues re- quiring to be extended to a greater height than five feet above the roof, any extension in excess of that height may, at the discretion of the Building Authority, consist of iron pipes.

67. Whenever any fireplace is adapted for the use of charcoal or wood as fuel, such fireplace shall be provided with a hood of sheet-metal or other approved material of sufficient size connecting with a chimney or smoke-flue carried up above the level of the main roof.

68. The upper surface of any floor under any oven, stove or fireplace shall be of incombustible materials, extend- ing over the whole area covered by such oven, stove or fire- to be incom- place and beyond to a distance of nine inches at least on every side of such oven, stove or fireplace; and such floor shall have hearths of stone, tile or other incombustible material laid before every chimney-opening.

bustible.

-Chimneys

not to be fixed near wood-work.

Thickness

and height of chimney above roof.

69. No chimney or smoke-flue shall be constructed or fixed nearer than nine inches to any wood-work or combustible material unless encased in non-conducting and incombustible material to the satisfaction of the Building Authority.

70. Every brick or masonry chimney or smoke-flue shall be continued up above the roof in brick or cut stone-work, of a thickness all round of not less than four inches, to a height of not less than three feet above the highest point in the line of junction with such roof; and every such chimney or smoke flue hereafter erected above such point shall be built in cement

mortar.

}

1097

tions of

71. Chimneys of brick, stone, or other incombustible Corbelling material, may be corbelled out in the upper storeys of build- and founda- ings, provided that the work so corbelled out does not project chimneys from the wall more than the thickness of such wall, but all regulated. chimneys built in the ground storeys of buildings shall, unless with the consent of the Building Authority, rest upon solid foundations and upon footings similar in every respect to the foundations of the walls against which such chimneys are built.

of back of

72. The back of every chimney-opening, from the hearth Thickness up to the height of four feet above the level of the fire-grate, chimney- shall be at least nine inches thick if in a party wall, or at opening. least four and a half inches thick if not in a party wall.

Windows, Storeys and Rooms.

in Storeys

73. Every storey of every domestic building hereafter Windows erected shall be provided with one window at least opening required. either directly or across a verandah or balcony into the ex- ternal air and the total area, clear of any obstruction to the light, of such window or windows shall be at least one tenth of the floor area of every such storey.

Every storey of every such domestic building shall also be provided with a window of at least ten square feet, clear of any obstruction to the light, in the rear main wall of such building (exclusive of any kitchen or outbuilding attached to the building) opening either directly or across a verandah or balcony into the open space in the rear of such building and the area of such window shall not be included in calculating the window area required by this section.

Every window provided under this section shall be so constructed that at least one half can be opened and the open- ing shall extend as far as is practicable above the floor level.

74.-(1) No domestic building shall hereafter be erected Limitation of a greater depth than thirty-five feet unless every storey of of depth of

buildings. such building is provided with windows opening into the ex- ternal air having a total area, clear of any obstruction to the [cf. s. 160]. light (including the window in the rear) equal to not less than one-eighth of the floor area of such storey and so arranged that, in the opinion of the Building Authority, the whole of the storey will be adequately lighted and ventilated.

(2) Provided always that the provisions of this section shall not apply in any case in which the Crown lease has specially provided for the erection of buildings of a greater depth than thirty-five feet; and provided further that the Governor in Council may in any other case in his discretion grant exemption from or modification of the provisions of this section.

(3) If any such exemption or modification is applied for and refused by the Governor in Council, compensation shall be paid to the owner, claiming in the manner provided for by Section 148, in respect of any land required by this section to be left unbuilt upon in excess of the open space required by Section 82.

75. The depth of a building shall be measured on the Measure- ground level from a central point in the outer surface of the ment of

depth of a front main wall to the outer surface of the nearest main wall building. of the same building opposite to such front main wall.

76. In any case where it may be found necessary the Determina- Director of Public Works shall determine which is the front tion of and which is the rear of a building.

front and

rear.

Every room to be

provided with sky- light or window.

[cf. s. 160].

Obstruction of windows

in tenement houses.

Open space between new building

and hill-side. [cf. s. 160].

Sub-soil drainage of such open spaces.

Structures in areas prohibited.

1098

77. No room shall be constructed in any storey of any existing domestic building, or of any domestic building here- after erected, unless such room is provided with a sky-light, or with a window or windows opening either directly or across a verandah or balcony into the external air and having an area, clear of any obstruction to the light, equal to at least one tenth the floor area of such room and being so constructed that at least one half can be opened. In the case of a window or windows the opening shall extend as far as is practicable above the floor level.

Provided that, in the case of existing domestic buildings, the Governor in Council shall have power to modify the requirements of this section in respect to the external air upon such conditions, if any, as may be deemed expedient.

78. No window of any tenement house shall be obstructed by the erection of any structure whatsoever.

Open spaces, lanes, etc.

79. No person who shall erect a new domestic building or alter any existing domestic building on a site excavated out of a slope or declivity shall permit such building or part thereof to abut against the hill-side, but a clear intervening space or area of a width of not less than one-fourth of the height of the cutting shall be left between such building, along its whole extent, and the toe of the cutting: Provided that such inter- vening space or area shall in no case be of a less width than eight feet in any part as measured on the ground level of such building, and shall not encroach in any way upon any street; Provided further that the Governor in Council may grant ex- emption in any case in which the provisions of this section may appear to him to be inapplicable.

The height of the cutting shall be measured on a vertical line drawn from the toe of such cutting, and extending from the finished ground or concreted surface to a point where it meets a line drawn at an angle of thirty degrees with the horizontal from the top of the cutting.

80. Every person who shall, under the provisions of section 79 leave a clear intervening space or area between a new domestic building and the hill-side, shall make the surface of the floor of such area at least six inches lower than the level of the lowest floor of such building, and he shall, if so required by the Building Authority, lay, to the full extent of such area, along the toe of the slope of the hill-side, and to a depth of at least twelve inches below the surface, a line of hard sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the sub-soil of such area, and he shall not cause such sub-soil drain to be passed out under the floor of any building, unless any other mode of outlet may be impracticable; and, in such case, he shall cause the sub-soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor. The floor of every such area shall have a fall of not less than 1 in 40 towards the outlet for the drainage of such area, and shall be covered with a layer of impervious material, as provided for in this Ordinance, and shall be channelled.

81. Every area shall be kept, at all times, free and unobstructed by structures of any kind other than a bridge or flight of steps not exceeding three feet and six inches in

- 1099

width, nor shall such area be roofed in or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing or fence, along its upper edge.

of open

for domestic

82.-(1) Every domestic building hereafter erected or Provision re-erected shall be provided by the owner with an open space spaces and in the rear, or partly in the rear and partly at the side, access lanes exclusively belonging to such building, equal in area to not buildings. less than one half of the roofed-over area of such building; [cf. s. 160]. and the level of such open space shall not be less than 6 inches below the floor of the lowermost storey. Provided that in the case of a domestic building hereafter erected or re-erected on a site leased from the Crown prior to the 21st February 1903 and having a depth of forty feet or under the open space may be equal in area to not less than one third of the roofed-over area of such building.

In addition to such open space the owner shall provide a lane to the satisfaction of the Building Authority, giving access to some public or private street and shall submit a plan of such proposed lane to the Building Authority for approval. Such plan shall be prepared with a view to promoting uniformity in the laying out of such lanes.

Every lane shall be formed to such levels as the Building Authority may direct.

(2) A lane shall not be required in the case of any detach- ed or semi-detached domestic building which has a side lane or yard extending the entire depth of the building and of a width of not less than five feet and also has a clear and unobstructed area in the rear of the building of a depth of not less than eight feet and extending for the full width of the site, but no such building shall be deemed to be semi-detached unless it is one of a pair of buildings each of which has a side lane or yard as above described.

(3) Kitchens, bathrooms and latrines not exceeding ten feet in height above the highest point of the surface of the open space may be erected in the aforesaid open space, but such buildings shall not cover more than one fourth of such open space.

(4) In the event of the open space being provided partly in the rear and partly at the side, the proportion of such open space

shall not in either case be less than one half of the whole area required under this section.

(5) The open space in the rear or at the side shall not be inclosed except by boundary walls or fence of a height not exceeding eight feet, containing a doorway communicating with the lane in the rear or the side lane provided under sub-section (2) of this section.

(6) In no case shall any obstruction whatever be placed or erected in any lane or open space provided under this section except as hereinbefore permitted.

(7) In no case shall the Building Authority require the space for a lane, expressly provided for one building, to be of a greater width than five feet and when such a lane is on land leased from the Crown prior to the 21st February, 1903, and the building for which the lane is provided has no

Alteration

of open space.

[cf. s. 160].

Access lanes for

1100

verandahs or balconies projecting over a street, then any width of the lane in excess of three feet may be included as open space.

(8) No portion of any street shall be included in calculating the area of open space required by this section except as allowed by sub-section (7) and no portion of the open space required by this section, except any width of a lane in excess of three feet as allowed by sub-section (7), shall be deemed to be a street.

(9) For the purpose of this section, no yard or space which is inclosed on all sides by walls having a height of more than eight feet shall be included in calculating the area of

open space.

(10) The Governor in Council may modify the foregoing requirements in any case in which the Crown lease or the agreement for a Crown lease has specially provided for an open space in the rear of any such building of a less area than is hereby required, and may in any other case make such modification as may be recommended by the Director of Public Works upon such conditions, if any, as may be deemed ex- pedient.

83.-(1) No existing domestic building which has an open space of less area than that required by section 82 shall hereafter be altered in such a manner as to encroach on the existing amount of open space and no existing domestic build- ing which has a greater amount of open space than that re- quired by section 82 shall hereafter be altered in such a manner as to reduce the amount of open space to less than that required by section 82.

(2) The Building Authority, with the consent of the Gov- ernor in Council, shall have power in any case to grant a modification of the requirements of this section upon such conditions, if any, as the Building Authority may deem ex- pedient.

84. Every building, other than a domestic building, non-domestic hereafter erected or re-erected shall be provided with such a buildings. lane as is referred to in sub-section (1) of Section 82, but a lane shall not be required in the case of a detached or semi-detached building and in any other case where, in the opinion of the Building Authority, a lane is not considered

Meaning of re- erection.

necessary.

85. For the purpose of Sections 82 and 84, re-erection. includes every alteration of an existing building in such a manner as to make the resulting building a new building or in such a manner as to make the resulting building or any part thereof an exceptional building, but the erection of reinforced concrete stairs, lintels or kitchen or bathroom floors only, in an existing building shall not be deemed to make such building an exceptional building and

Provided that :-

(1) In the case of an existing building which is provided by the owner with an open space in the rear or partly in the rear and partly at the side exclusively belonging to such building, equal in area to not less than one third of the roofed-over area of such building, the erection of reinforced concrete floors only shall not be deemed to make such building an exceptional building.

1101

(2) Proviso (1) shall only be effective for a period expiring on the 31st December 1940.

86. The owner of every building provided with open Means of space shall provide means of access to such open space to access to the satisfaction of the Building Authority.

Vertical Height of buildings to Main wall-head.

open space.

87. The height of every building shall hereafter be re- Limitation gulated in accordance with the following rules, unless the Governor in Council shall otherwise permit :-

(1) No existing building on land leased from the Crown prior to the 21st February, 1903, which does not exceed in height one and a quarter times the width of the street upon which it abuts shall hereafter be raised to a height exceeding one and a quarter times the width of the street upon which it abuts.

(2) No existing building on land leased from the Crown prior to the 21st February, 1903, which exceeds in height one and a quarter times the width of the street upon which it abuts, shall hereafter be increased in height.

(3) No building on land leased from the Crown prior to the 21st February, 1903, shall hereafter be erected or re- erected to a height exceeding one and a quarter times the width of the street upon which it abuts.

(4) No existing building which has verandahs or balconies projecting over a street and which exceeds in height the width. of the street upon which such building abuts shall hereafter be increased in height.

(5) No building on land leased from the Crown after the 21st February, 1903, shall be erected to a height exceeding the width of the street upon which it abuts.

(6) No building which does not fall within the provisions of paragraphs (1), (2), (3), (4) or (5) of this section shall be erected or re-erected or raised to a height exceeding such height as the Building Authority may authorise, but in the case of a building on land abutting upon a street the Building Authority shall have no power to require such building to be of a less height than that specified in such of the fore-going paragraphs as would apply if such building had been so ar- ranged as to abut upon such street.

7) No building shall exceed three storeys in height unless such building is constructed of fire resisting materials through- out and no domestic building shall exceed five storeys in height unless with the consent of the Governor in Council.

(8) In the event of any building being hereafter erected or re-erected on a corner site so as to abut upon more than one street, or in the event of any building on a corner site being increased in height, the height of such buildings shall be regulated by the widest or wider of the streets upon which it abuts, so far as it abuts or will abut upon such widest or wider street and also so far as it abuts or will abut upon the narrower streets or street to a distance not exceeding twice the width of such narrower street as measured from the wider street.

of height of buildings.

[cf. s. 160].

:

Method of determining height of buildings.

[cf. s. 160].

1102

(9) In the event of any building being hereafter erected or re-erected so as to abut upon more than one street although not on a corner site, or in the event of any such building being increased in height, the height of the several parts of such building shall be regulated by the widths of the streets upon which they respectively abut.

88.-(1) Whenever it is practicable to do so the overall height of any building hereafter erected or re-erected shall be determined by measuring on the line of the wall abutting upon the street which regulates the height, from the level of such street, the vertical height allowed by section 87.

Such vertical height shall also be measured from the level of such street on the line of the nearest main wall of the same building opposite to the wall abutting on the street.

From the points thus determined on the two main walls, lines shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, be drawn at angles of 68 degrees with the horizontal, and in the case of buildings on land leased from the Crown after the 21st February, 1903, lines shall be drawn at angles of 634 degrees with the horizon- tal, and any part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) falling outside such lines shall be deemed illegal and no part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, extend beyond an overall height measured from the level of the street upon which the building abuts, equal to twice the width of such street and in the case of buildings on land leased from the Crown after the 21st February, 1903, no part of the building shall extend beyond an overall height measured from the level of the street upon which it abuts equal to one and a half times the width of such street.

Provided that :-

(a) In the case of a domestic building, hereafter erected or re-erected on land leased from the Crown after the 21st February, 1903, any part of the building, in the rear of the nearest main wall of the same building opposite to the front. main wall, may be erected to a height equal to the width of the street on which such building abuts but no portion whatsoever of such rear part of the building (except any chimney, party wall or parapet not exceeding three feet in height) shall extend beyond the height so determined.

(b) In the case of a domestic building hereafter erected or re-erected on land leased from the Crown prior to the 21st February, 1903, and which has no verandahs or balconies projecting over any street, any part of the building in the rear of the nearest main wall of the same building opposite to the front main wall, which does not extend more than half the width of the main building as measured on the rear main wall, may be erected to a height equal to one and a quarter times the width of the street on which such building abuts. From a point thus determined on the rear main wall of such rear part of the building a line may be drawn at an angle of 68° with the horizontal and no portion of this part of the building whatsoever (except any chimney, party wall or parapet not exceeding three feet in height) shall fall outside such line.

1

1103

(c) In no case shall any building hereafter erected or re-erected exceed five storeys in height or an overall height of eighty feet unless with the consent of the Governor in Council.

(2) In the event of the street on which a building abuts not being level throughout the extent of such building, the height shall be measured from the central point of the external face of the wall abutting on such street.

(3) The vertical height allowed by section 87 shall apply only for the width of the building so far as it abuts upon the street by which the height is regulated; and the height of any portion of the building which does not so abut shall be determined by the Building Authority.

(4) In any case which does not fall within the fore-going provisions the height of the buildings shall be determined in such manner as the Building Authority may direct.

(5) The diagrams which follow this section are used as illustrations only of the rules set out in this and the preceding section. They shall not be deemed to control the text.

TREATMENT OF DOMESTIC BVILDINGS ERECTED ON

LOTS SOLD BEFORE

AND AFTER 1903.

68°

A ROAD

"

DOMESTIC BUILDINGS

At

ERECTED ON LOTS SOLD PRIOR TO 1903

632°

"B" ROAD

63/2

DOMESTIC BUILDINGS

ERECTED ON LOTS SOLD) AFTER 1903

"C" ROAD

635

1104 -

1105

"A" ROAD

TREATMENT OF NON- DOMESTIC BVILDINGS ERECTED ON LOTS

SOLD BEFORE AND AFTER 1903.

"A" ROAD

1680*

NON DOMESTIC BUILDINGS ERECTED ON LOTS SOLD PIOR TO 1903

SCAVENGING LANE

/+680 //

- 1/4 x" B " - -

2x.

"B" ROAD

"B"→

63/1⁄2° +

SCAVENGING LANE

"B" ROAD

+63/201

NON DOMESTIC |BUILDINGS ERECTED ON

146311⁄2 LOTS SOLD AFTER 1903

ROAD

"C" ROAD

TREATMENT OF BVILDINGS ERECTED ON LOTS SOLD BEFORE AND AFTER 1903 HAVING

A STREET AT THE REAR

14*A

"A" ROAD

BUILDINGS ERECTED ON LOTS JOLD PRIOR TO 1903

634

"R" ROAD

68%

BUILDINGS ERECTED ON LOTS SOLD AFTER 1903

"B" ROAD

68°

634°

1106

---

1107

"A" ROAD

CORNER TREATMENT OF BVILDINGS ERECTED

ON LOTS SOLD

BEFORE 1903.

2 x 8

"A" ROAD

"B" ROAD

GA

2x2

"B" ROAD

New

private

1108

Private streets.

89. No new street on land held under lease from the Crown shall be constructed for the purpose of the erection of new buildings fronting thereon until a block plan of the whole approved by of the property concerned drawn to a scale of not less than

streets to be

Building Authority.

Width of

new private streets.

Space in front of new buildings in private

lanes

Obstruction of street by buildings prohibited.

Compensa- tion in

case of

refusal to

allow re- erection.

Penalty.

Construction maintenance

of private

streets.

one-twentieth of an inch to the foot, showing such proposed street, and its connexions with neighbouring streets together with the proposed levels and any scavenging lanes as well as the proposed method of construction and surface drainage, shall have been submitted to and approved by the Building Authority.

90. No new street on land held under lease from the Crown within the City of Victoria, on which domestic buildings front, shall be of a less width throughout than thirty feet, and no such street outside the City of Victoria shall be of a less width throughout than forty feet. Every such street shall open, at one end at least, upon some existing or projected public street.

91. Every person who shall erect fronting a private lane any new domestic building shall so place the said building that along its entire frontage there shall be an open space of at least seven and a half feet in width, measured from the centre line. of such lane.

92.-(1) No building shall hereafter be erected or re- erected over any entrance to or over or upon any portion of any street on land held under lease from the Crown nor shall any other obstruction of any kind be maintained or placed in, over, or upon any portion of any such street, unless with the consent of the Governor in Council.

(2) In the event of the refusal of the Governor in Council to consent to the re-erection of any building to which this section applies, compensation shall be paid by the Government to the owner of such building, the amount of such compensa- tion to be determined by arbitration as hereinafter provided.

(3) Every person who contravenes any of the provisions of this section shall be liable upon summary conviction to a fine not exceeding one hundred dollars.

93.-(1) Every street or lane on land held under lease and lighting from the Crown on which buildings front, adjoin, or abut, shall be concreted or otherwise surfaced, channelled, sewered and drained to the satisfaction of the Building Authority and shall be maintained in good order to his satisfaction at the expense of the owners of the lands and premises fronting, adjoining or abutting on the street or lane.

In the event of the owner of any lands or premises so fronting, adjoining or abutting on such street or lane failing to concrete or otherwise surface, channel, sewer, drain or main- tain such street or lane to the satisfaction of the Building Au- thority, Government may carry out such work and the Build- ing Authority may apportion the cost thereof between the several owners in proportion to the width of their land at the place where it fronts, adjoins or abuts on such street or land; and the Building Authority may recover such apportioned cost together with interest thereon at the rate of 8% per annum from the date of demand for payment thereof made by the Building Authority, by action in the summary jurisdiction of the Supreme Court against the person who at the time when the apportionment is made is the owner of the premises or

?

1109

against any person who subsequently becomes and, at or after the date of the commencement of such action is the owner thereof.

The Building Authority may at any time after making the apportionment and notwithstanding any change of ownership in the meantime, register in the Land Office against any pre- mises included in the apportionment, notice of the sum appor- tioned thereon and upon registration of the notice such sum together with interest thereon at the rate of 8% per annum from the date of demand for payment made by the Building Authority shall be and remain a charge on such premises.

(2) Every street on land leased from the Crown may if the Building Authority thinks fit be provided with lighting apparatus by Government and the cost of providing and main- taining such apparatus shall be borne by the several owners respectively in proportion to the width of their lands and premises at the place where the same fronts, adjoins or abuts on such street and the Building Authority may apportion the cost thereof between the several owners in the same manner as is provided by sub-section (1) and the Building Authority shall have the same power and means of recovering such cost as is provided by sub-section (1).

The cost of illumination of such street shall however be borne by Government.

Water closets and latrines.

dimensions

94. Every latrine shall be constructed of brick, stone, or Construction other material approved by the Building Authority, and shall and have a clear internal area of not less than seven square feet, of latrines. and no latrine shall have direct communication with a street.

95. Every pail latrine shall open into the outer air and not into the building.

96. Every latrine shall have a suitable door and an open- Ventilation ing or openings for ventilation into the external air of not and internal rendering of less than two square feet in aggregate immediately under the latrines. roof. The internal walls of every latrine shall be rendered in cement mortar or other non-absorbent material approved by the Building Authority to the height of at least three feet and the thickness of such material shall not be less than half an inch.

97. The floor of every latrine hereafter erected on any Construction ground floor shall be raised at least six inches above the level of floor of of the surface outside.

latrines.

not to be

98. No pail latrine shall be so constructed as to have any Latrines direct communication by means of any pipe, drain or grating, connected with any underground drain or sewer, and any existing pail with drain.. latrine having such communication shall have the same com- pletely cut off by the owner when so required by the Building Authority.

connexion of

99. No water pipe or water tap shall be led to, or fixed Direct in or over, any water closet, latrine or urinal, without the water intervention of a cistern or tank between such water pipe or service with water tap and the water service pipe.

latrines etc. prohibited.

Separate

exceptional

buildings

to have

adequate

1110

100. Every domestic building and every floor of a dwellings and domestic building hereafter erected which is separately let for dwelling purposes shall be provided with adequate latrine ac- commodation to the satisfaction of the Building Authority and every exceptional building shall be provided by the owner water-closets. thereof with adequate latrine accommodation on the premises for the separate use of each sex to the satisfaction of the Building Authority.

latrines or

Sub-soil

drains to be provided

when

required.

Drains to

in new buildings.

Drainage works.

101. Where in the opinion of the Building Authority the site on which any domestic building is about to be erected or re-erected is so damp as to require subsoil drains, adequate provision of such drains shall be made to the satisfaction of the Building Authority.

102. Every owner of a new building shall construct the be provided ground floor of such building at such sufficiently high level as will allow of the construction of a drain and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty, at a point in the upper half-diameter of such sewer.

Drainage works to be carried out by

persons

approved by

Building Authority.

Drains in existing buildings to be amended

or recon-

structed if

defective.

Drainage

103. All works connected with the construction, repair, amendment, disconnexion, trapping, and ventilation of drains shall be carried out at the cost of the owner of the building by persons approved by the Building Authority under the supervision of his officers and in all respects to his satisfaction.

104.-(1) The Building Authority may, by a written. notice, require the owners of existing buildings, the drains of which are, in his opinion, in a defective or insanitary condition to construct, within a reasonable time, new drains in accord- ance with the provisions of this Ordinance, or to make such other improvements in the existing defective drainage of such buildings as may be necessary to meet the requirements of this Ordinance.

     (2) Drainage regulations may be made by the Governor Regulations. in Council. The regulations in Schedule J shall be deemed

to have been made under this sub-section.

Schedule J.

Groups of buildings to be drained in combina- tion if

required by Building Authority.

Owner's liabilities as to drains.

105. If the Building Authority considers that a group of contiguous buildings may be drained more advantageously in combination than separately, he may order that such group be drained upon some combined plan to be approved by him, and the cost thereof shall be apportioned by the Building Authority between the different owners of such group of contiguous buildings.

106. If any building be without a sufficient drain, and if a public sewer of sufficient size be within one hundred feet of the premises or outermost boundaries of the lot on which such building is situated, and if such public sewer be on a lower level, it shall be lawful for the Building Authority to require the owner of such building to construct a drain in such a manner as shall allow of the requisite communication with such public sewer, and such drain shall be adequately trapped and ventilated to the satisfaction of the Building Authority.

Provided always, that if any owner, by order of the Build- ing Authority, drains his building into a public sewer, he shall not be required to drain such building at his own expense into any other public sewer.

1111

of the

107. Whenever the Building Authority shall have reason Suspected to believe that the drains of any building are defective or in drains to be

opened by a condition injurious to health it shall be lawful for him to an officer order an inspecting officer to enter the premises and to inspect Building such drains, and, if requisite for the purpose of such in- Authority. spection, such officer shall cause the ground to be opened in any place he may deem fit, doing as little damage as may be, and should such drains be found in a satisfactory condition, they shall be reinstated and made good at the public expense; but should such drains prove to be defective, the Building Authority shall cause them to be properly reconstructed, re- paired, or amended by the owner in accordance with the pro- visions of this Ordinance.

108. In isolated places not provided with any public Where no drainage system, every private drain or channel shall have its public

                               drainage course and outfall constructed in such manner as the Building system, Authority may approve.

drains

to be to satisfaction of Building Authority.

connexions

109. Every drain on private property shall be laid as Drain directed by the Building Authority under the provisions of this with main Ordinance; and, upon its completion, every such drain shall sewers to be be connected with the Government main sewer by the Director regulated by of Public Works, who shall have power to regulate the number of Public and position of the connexions to be made.

Director

Works.

Nullahs, storm water-channels and drains.

Building

110. No building shall hereafter be erected over any over drains, public drain, nullah, or storm water-channel, whether natural etc. or artificial, without the written consent of the Governor in [cf. s. 160]. Council.

111. No nullah, or storm water-channel, whether natural Nullahs. or artificial, shall hereafter be covered over except by a bridge not exceeding fifty feet in length, without the written consent of the Director of Public Works.

Director of

112. All work permitted under sections 110 and 111 Powers of shall only be carried out under such conditions as may be im- Fublic posed by the Director of Public Works, and to his entire satis- Works. faction. In framing such conditions, he shall make due provision for the sub-soil drainage of adjacent land, and for access for the purpose of inspection and cleansing.

ference with

or water-

113. It shall not be lawful for any person to dig out the Inter- foundations of any building, or to excavate any site for any any drain, purpose whatsoever, in such manner as to cut into, open out, nullah, divert, undermine, obstruct, dam, or otherwise interfere with catch-water any drain, nullah, catch-water or water-channel, whether channel situated on leased or unleased Crown land, unless he has prohibited. provided to the satisfaction of the Director of Public Works for the escape of any waters flowing through such drain, nullah, catch-water or water-channel.

Wells.

114. Except with the permission of the Building Au- Wells for thority, which may be granted upon a written application, it flushing. shall not be lawful to sink or re-open any well to be used for the purpose of flushing water closets or urinals, or to allow any such well to be sunk or re-opened.

Exclusion

of surface water.

Timber

stores to be inclosed.

Occupation of new building without a certificate prohibited. Schedule K.

1112

Every well shall be so constructed as to exclude surface water as far as possible, and due provision shall be made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.

Timber Stores.

115. Every building, yard or other place used for the storage of timber, other than timber in baulk, shall, unless exempted by the Director of Public Works, be inclosed on all sides by brick walls at least ten feet high and fourteen inches thick. Every such building, yard or place shall have a clear passage-way not less than six feet in width between such walls and the boundary of any other premises. No portion of any building, yard or place, if used for the storage of more than three hundred cubic feet of timber, other than timber in baulk, shall be within fifty feet of any building or premises used for any other purpose whether on the same or on an ad- joining lot.

No building used for the storage of timber, other than timber in baulk, and no building in any yard or place used for the storage of timber other than timber in baulk shall exceed in height thirty feet measured from the level of the ground to the extreme top of such building.

No pile, stack or store of timber shall exceed thirty feet in height from the level of the ground.

It shall not be lawful to form in any pile, stack or store of timber any room or chamber or space (other than a passage) to be used for any purpose whatever.

For the purpose of this section, timber in baulk shall not include China fir poles.

Occupation of new buildings.

116.-(1) No new building shall be occupied or used in any way, except by caretakers only not exceeding two in number, until an authorised architect shall have certified in writing according to the form contained in Schedule K to the Building Authority that such building complies in all respects. with the provisions of this Ordinance, and is structurally safe, nor until the owner shall have received from the Building Authority a written permit to occupy such building.

(2) If, after receiving such certificate from an authorised architect, the Building Authority or any officer deputed by him shall discover that in certain respects such building does not comply with the provisions of this Ordinance and of all Regulations made thereunder, the Building Authority may require the authorised architect who signed such certificate to pay a fee of fifty dollars (which shall be paid into the Colonial Treasury) for each further inspection and no permit that such building shall be occupied shall be issued by the Building Authority until he shall have received a further certi- ficate as aforesaid signed by an authorised architect.

(3) If the Building Authority does not, within fourteen days of the receipt of the aforesaid written certificate, notify the owner or his architect or other representative that the building is not in accordance with the provisions of this Ordin ance, such building may be occupied: Provided that in the

!

1113

event of any contravention of this section, the occupier and also the owner shall be liable for such contravention, unless such owner proves that such occupation has taken place with- out his knowledge or consent.

Dangerous buildings.

and fencing

117. Every owner of a building which may be declared Shoring by the Building Authority, or an officer deputed by the of dangerous Governor in Council in that behalf, by an order in writing building. to such owner, to be dangerous, shall cause the same to be shored or otherwise properly secured and shall erect, in such manner as may be directed by the Building Authority, or an officer deputed as aforesaid, a proper fence or hoarding for the protection of passengers.

down

118. Buildings rendered dangerous by fire, wind or Taking other cause of whatsoever nature, to such an extent as, in dangerous the opinion of the Building Authority, or an officer deputed building. by the Governor in Council in that behalf, necessitates their being taken down partly or wholly or otherwise made safe shall, upon the service on the owner of an order in writing from the Building Authority, or an officer deputed as afore- said, declaring that such building is in a dangerous condition and must be taken down partly or wholly or otherwise made safe and specifying the time within which the work is to be done, be taken down or

or made safe by such owner accordingly.

building at

cost of

owner.

119.-(1) If the owner of a dangerous building cannot Shoring or be found, or if, on such notice in writing as aforesaid, he dangerous

taking down refuses of neglects within the time fixed in such notice to shore or otherwise properly secure or to take down such dangerous building or such portion thereof as may be declared to be dangerous by the Building Authority, or an officer deputed as aforesaid, such dangerous building or such portion thereof shall, without delay, be shored or otherwise properly secured or taken down by persons employed by the Building Authority who shall be entitled to recover the cost thereof from the owner.

in cases of

(2) In all cases of emergency, the Building Authority Procedure or an officer deputed as aforesaid, may cause the necessary emergency. work to be done without any notice whatever, the cost of such work being recoverable from the owner.

The decision of the Building Authority or of an officer deputed as aforesaid, that the particular case is one of emergency, shall be final and binding on all persons.

(3) Costs recoverable by the Building Authority from the owner under sub-sections 1 or 2 shall constitute a first charge on the land and premises on which the dangerous building is situated : Provided that the land and premises shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.

Powers of

magistrate

120. It shall be lawful for a magistrate on a representa- tion being made to him by the Building Authority, or by an in case of officer deputed by the Governor in Council in that behalf, dangerous that the whole or any part of a building, by reason of any

building.

crack, settlement or other defect having shown itself in it, or by reason of the materials used or method of its con- struction having been found by examination to be defective,

Inflammable structures not to be erected without

1114

is liable to become dangerous, to order such building or part of such building to be closed by or under the direction of the Inspector General of Police, and to remain closed until the Building Authority, or an officer deputed as aforesaid, has certified in writing that the defects have been remedied to his satisfaction: Provided that at least seven days notice in writing of the intention to make any such representation shall be given to the owner of any building affected thereby or to his representative.

Every person found inhabiting or using any building or part thereof closed as aforesaid shall upon summary conviction be liable to a fine not exceeding one hundred dollars, and to a further fine not exceeding fifty dollars for every day that such person shall continue to inhabit or use such building after conviction.

Provided always that nothing in this section contained shall be construed as affecting the powers expressly vested in the Building Authority and the officer deputed as aforesaid in sections 117, 118 and 119.

or

Matsheds and other inflammable structures.

121. (1) It shall not be lawful for any person to erect maintain any structure of wood, mats, palm leaves, thatch, or other inflammable material, without permission in writing from the Building Authority, or an officer deputed and prohibit by him in that behalf, and except subject to the regulations

contained in Schedule L.

permission

ed within

gathering

ground of

a public

reservoir.

Schedule L.

(2) No such structure shall be erected on any land which is situated within the gathering ground of any public reservoir without the special permission of the Building Authority.

(3) Every person who erects or maintains any structure in contravention of the provisions of this section shall upon summary conviction be liable to a fine not exceeding one hundred dollars, and the magistrate may further order the building to be removed.

Precautions to be adopted when blasting.

Blasting.

122. It shall not be lawful for any person to blast any stone, earth or other material unless he shall have fully covered over and weighted down such material with a sufficiently heavy timber shield, or taken such other precautions as shall effectually prevent any fragments from being projected in such a manner as to be dangerous, and unless, in addition, he shall previously have fully warned all persons within a a radius of five hundred feet from the proposed blast by means of red flags and by the beating of a gong continued for at least five minutes, previous to the firing off of such blast. No blast shall be fired off except between 12 noon and 12.30 p.m., and between 4.30 p.m and 5 p.m., or between such other hours as the Governor in Council may, by notification, appoint: Provided that in all Government quarries. whether leased or otherwise, the blasting of stone shall be subject to regulations made by the Governor in Council.

1115

Every person who contravenes any of the provisions of this section shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder and likewise the contractor or foreman under whom such labourer is working.

Earth cutting.

as to earth

123. It shall not be lawful for any person to cut or Regulations remove earth, sand, clay or turf, or to collect, extract, split, cutting etc. blast or remove stones, from any land not under lease from Schedule M. the Crown, except subject to the regulations contained in Schedule M. or without the permission in writing of the Director of Public Works, or in such manner as shall under- mine or in any way prejudically affect or endanger the stability of any bank or of any land or property adjoining.

Every person who contravenes any of the provisions. of this section or of any such regulations shall be liable on summary conviction to a fine not exceeding one hundred dollars.

For any contravention of this section there shall be liable not only the labourer doing the work but also the permit-holder, and likewise the contractor or foreman under whom such labourer is working.

Powers and duties of the Building Authority as to entry

and inspection.

inspect

124. (1) The Building Authority, or any officer Power to deputed by him for the purpose, may at any time enter and enter and inspect any building for the purpose of ascertaining whether buildings. the requirements of this Ordinance are carried out in relation thereto or whether any building is dangerous, and in the event of his discovering that the requirements of this Ordinance have been contravened in any particular, or that any building is dangerous, the owner thereof or his duly authorised agent shall, upon receipt of an order in writing from the Building Authority, stop the operations upon such building until such contravention has been rectified or such building has been taken down or rendered safe. Every person in charge of the erection of any building shall provide planks, ladders, or other reasonable means of access to every part of such building to facilitate the inspection, and the Building Authority shall have power to do any thing to any such building which he may consider necessary for the purpose of making an efficient inspection thereof.

in building

(2) For the purpose of inspecting any building or wall Openings believed to be in a dangerous condition the Building may be Authority, or an officer deputed as aforesaid, may cause such made. openings to be made therein as he may deem fit: Provided that at least twenty-four hours notice in writing of his intention to make any such openings shall be given to the owner or his duly authorised agent.

Director of

Public Works may stop or divert traffic.

Building

nuisances defined.

Notice to abate build- ing nuisance.

1116

Stoppage or diversion of traffic.

125. The Director of Public Works shall have power, on his being satisfied of the necessity therefor, to temporarily stop or divert or partially stop or divert the traffic along any street, or to block up or occupy or partially block up or occupy such street, for the purpose of carrying out any works of whatsoever nature: Provided that, if the traffic in a street is stopped or diverted, or a street is blocked up, notice to the public shall be given, whenever practicable.

Building nuisances.

126. (1) The following shall be deemed to be nuisances under this Ordinance :-

1. Any verandah, balcony, area or structure which is not in accordance with the provisions of this Ordinance.

2. Any unauthorised encroachment on, over or into any land not under lease from the Crown.

3. Any building or works whatsoever hereafter com- menced, carried on, resumed, altered or completed in con- travention of any of the provisions of this Ordinance.

4. Any structure erected or maintained in contraven- tion of the provisions of this Ordinance.

5. The use in any building or works of any defective materials or of any materials contrary to the requirements of this Ordinance.

6. Any failure to supply, or any inadequate or defective provision of drain, draintrap, water flushed sanitary appliance or fitting, ventilating pipe, sub-soil drainage or cesspool accommodation.

7. Any act, failure, neglect, omission or refusal whereby any provision of this Ordinance is contravened.

8. Any act, failure, neglect, omission or refusal whereby any condition or term attached to the grant of any modification of or exemption from any provision of this Ordinance is contravened.

(2) In respect of any offence against paragraph 5 of sub-section (1), every person who as architect, engineer, or clerk of works, specifies or condones the use of improper or defective materials or, as contractor, makes use of improper or defective materials and also the owner of any building or works on which any such improper or defective materials are used, shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding fifty dollars a day for every day that the nuisance remains unabated.

Abatement of nuisances.

127. (1) The competent authority to deal with nuisances under this Ordinance shall be, unless the context otherwise requires, the Building Authority or any officer deputed by him in that behalf.

(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent authority as hereinbefore defined, such authority may at his

+

t

1

1117

discretion serve a notice in the form contained in Schedule Schedule N. N, (with such modifications, if any, as may be necessary) on the author of the nuisance or if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate, who either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction, under this Ordinance, without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.

order

128. In case the said nuisance shall not be abated Magistrate's within the time limited, it shall be lawful for a magistrate empowering to make an order empowering the Building Authority to abatement abate the nuisance; and all expenses, incurred by such of nuisance. Authority in causing such nuisance to be abated as aforesaid, shall forthwith be paid by the person against whom the original order to abate such nuisance was made, or failing him by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the same.

abatement of

materials.

129. Whenever the demolition of any building or Recovery of works or any part thereof shall take place under any order expenses of made under section 128, it shall be lawful for the Building nuisance by Authority, in case of non-payment of the said expenses by sale of the person liable to pay the same to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.

payment of

130. In case the person liable to pay the same shall Distress in not forthwith pay all expenses incurred by the Building case of non- Authority in the abating of any nuisance as required by expenses. this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person.

131. Nothing in this Ordinance shall affect any other Saving of remedy for the abatement of nuisances.

Service of notice, summons or order.

other remedies for

nuisances.

notice,

order.

132. Any notice, summons or order given, issued or Method of made under the provisions of this Ordinance, may be served service of upon the person affected by the document to be served, summons or either personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last- known place of business or residence of the person to be served, or, if there is no occupier of such premises. by

1118

putting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or if the whereabouts of such owner or agent be unknown by posting a registered letter addressed to such owner or agent, at his last-known place of residence or of business in the Colony.

Provisions concerning buildings on line of junction when ad- joining lands are unbuilt on.

Rights of building and adjoining owners.

133. Where lands held under lease from the Crown by different owners adjoin and are unbuilt on at the line of junction, and either owner is about to build on any part of the line of junction, the following provisions shall have effect :-

(1) if the building owner desires to build a party wall on the line of junction, he shall serve notice thereof on the adjoining owner describing the intended wall;

(2) if the adjoining owner consents to the building of a party wall, the wall shall be built half on the land of each of the two owners, or in such other position as may be agreed between them;

(3) the expenses of the building of the party wall shall from time to time be defrayed by the two owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively;

(4) if the adjoining owner does not consent to the building of a party wall, the building owner shall not build the wall otherwise than as an external wall placed wholly on his own land;

(5) if the building owner does not desire to build a party wall on the line of junction but desires to build an external wall placed wholly on his own land, he shall serve notice thereof on the adjoining owner describing the intended wall;

(6) where in any of the cases aforesaid the building owner proceeds to build an external wall on his own land, he shall have a right at his own expense, at any time after the expiration of one month from the service of the notice, to place on the land of the adjoining owner below the level of the lowest floor, the projecting footings of the external wall with concrete or other solid substructure thereunder, making compensation to the adjoining owner or occupier for any damage occasioned thereby. The amount of such compensation. if any difference arises, shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be deter- mined.

Where an external wall is built against another external wall or against a party wall, it shall be lawful for the Building Authority to allow the footing of the side next such other external or party wall to be omitted.

MAI

· 1119

134. The building owner shall have the rights in relation to party structures and

structures--

following Rights of

building adjoining

owner in relation to party structures,

(1) to make good, underpin, or repair any party etc. structure which is defective or out of repair;

(2) to pull down and rebuild any party structure which is so far defective or out of repair as to make it necessary or desirable to pull it down;

(3) to pull down any timber or other partition which divides any buildings, and is not conformable with the provi- sions of this Ordinance, and to build instead thereof a party wall conformable thereto;

(4) in the case of buildings having rooms or storeys the property of different owners intermixed, to pull down such of the said rooms or storeys, or any part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(5) in the case of buildings connected by arches or com- munications over streets belonging to other persons,-to pull down such of the said buildings, arches or communications or such parts thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;

(6) to raise and underpin any party structure permitted by this Ordinance to be raised or underpinned or any external wall built against such party structure, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof, and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against such party structure or external wall;

(7) to pull down any party structure which is of insuffi- cient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above purposes, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings decorations thereof;

and

(8) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by such operation;

(9) to cut away any footing or any chimney-breast, jamb or flue projecting, or other projection from any party wall or external wall in order to erect an external wall against such party wall, or for any other purpose, upon condition of making good all damage occasioned to the adjoining premises by such operation;

(10) to cut away or take down such parts of any wall or building of an adjoining owner as may be necessary in conse- quence of such wall or building overhanging the ground of the building owner, in order to erect an upright wall against the same, on condition of making good any damage sustained by the wall or building by such operation;

(11) to raise a party fence wall, or to pull the same down and rebuild it as a party wall;

(12) to perform any other necessary works incident to the connexion of a party structure with the premises adjoining thereto :

Existing prior buildings.

Require- ments of adjoining

owner in

relation to party struc-

tures.

Differences between building owner and adjoining

owner.

1120

Provided always, that these rights shall be subject to this qualification, that any building which has been erected prior to the 21st February, 1903, shall be deemed to be conform- able with the provisions hereof if it be conformable with the provisions of the Ordinances regulating buildings before that date.

135.-(1) Where a building owner proposes to exercise any of the foregoing rights with respect to party structures, the adjoining owner may by notice require the building owner to build on any such party structure such chimney copings, jambs, or breasts, or flues, or such piers or recesses, or any other like works as may fairly be required for the convenience of such adjoining owner, and may be specified in the notice; and it shall be the duty of the building owner to comply with such requisition in all cases where the execution of the requi.l works will not be injurious to the building owner, or cause to him unnecessary inconvenience or unnecessary delay in the exercise of his right.

(2) Any difference that arises between a building owner and an adjoining owner in respect of the execution of any such works shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be determined.

Notice to be given by building

owner

before work commences.

136.-(1) A building owner shall not, except with the consent in writing of the adjoining owner, and of the adjoining occupiers, or in cases where any wall or party structure is dangerous (in which cases the appropriate provisions of this Ordinance shall apply), exercise any of his rights under this Ordinance in respect of any party fence wall unless at least one month, or exercise any of his rights under this Ordinance in relation to any party wall or party structure other than a party fence wall, unless at least two months before doing so he has served on the adjoining owner of the party fence wall, the party wall or party structure, as the case may be, notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.

(2) When a building owner in the exercise of any of his rights under this Ordinance lays open any part of the adjoining land or building, he shall at his own expense make and main- tain for a proper time a proper hoarding and shoring or temporary construction for protection of the adjoining land or building and the security of the adjoining occupier.

(3) A building owner shall not exercise any right given to him by this Ordinance in such manner or at such time as to cause unnecessary inconvenience to the adjoining owner or to the adjoining occupier.

(4) A party wall or structure notice shall not be available. for the exercise of any right, unless the work to which the notice relates is begun within six months after the service thereof, and is prosecuted with due diligence.

(5) Within one month after receipt of such notice the adjoining owner may serve on the building owner a notice requiring him to build on any such party structure any works to the construction of which he is hereinbefore declared to be entitled.

1121

(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience, and shall, if necessary, be accompanied by explanatory plans and draw- ings.

(7) If either owner does not, within fourteen days after the service on him of any notice, express his consent thereto, he shall be considered as having dissented therefrom, and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.

building

owner.

137.-(1) In all cases not specially provided for by this Differences Ordinance, where a difference arises between a building owner between and an adjoining owner in respect of any matter arising with owner and reference to any work to which any notice given under this adjoining Ordinance relates, unless both parties concur in the appoint- ment of one architect they shall each appoint an architect, and the two architects so appointed shall select a third architect, and such one architect, or three architects, or any two of them, shall settle any matter from time to time during the continuance of any work to which the notice relates in dispute between such building owner and adjoining owner, with power by his or their award to determine the right to do, and the time and manner of doing any work, and generally any other matter arising out of or incidental to such difference; but any time so appointed for doing any work shall not, unless other- wise agreed, commence until after the expiration of the period by this Ordinance prescribed for the notice in the particular

case.

(2) Any award given by such one architect, or by such three architects, or by any two of them, shall be conclusive, and shall not be questioned in any court; with this exception, that either of the parties to the difference may within fourteen days from the date of the delivery of the award, appeal there- from to a judge in chambers, who may, subject as hereafter in this section mentioned, rescind the award or modify it in such manner as he thinks just.

(3) If either party to the difference makes default in appointing an architect for ten days after notice has been served on him by the other party to make such appointment, the party giving the notice may make the appointment in the place of the party so making default.

(4) The costs incurred in making or obtaining the award shall be paid by such party as the architect or architects determine.

(5) If the appellant on appearing before the judge declares his unwillingness to have the matter decided by him, and proves to his satisfaction that in the event of the matter being decided against him he will be liable to pay a sum, exclusive of costs, exceeding five hundred dollars, and gives security, to be approved by the judge, duly to prosecute an action in the Supreme Court and to abide the event thereof, all proceedings in Chambers shall thereupon be stayed, and the appellant may bring an action in the Supreme Court against the other party to the difference.

(6) The plaintiff in such action shall deliver to the defendants an issue whereby the matters in difference between them may be tried, and the form of such issue in case of dispute or of the non-appearance of the defendant shall be settled by

1122

the court, and the action shall be prosecuted and the issue tried in all respects as if it were an ordinary action or issue in the Supreme Court, or as near thereto as circumstances admit.

(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as cir- cumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.

(8) Where both parties have concurred in the appointment of one architect, then, if he refuses, or for seven days neglects to act, or if he dies or becomes incapable to act before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.

(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for seven days neglects, to act, or before such difference is settled, dies, or becomes incapable to act, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his pre- decessor.

(10) Where each party has appointed an architect, then, if the two architects refuse, or, for seven days after request of either party, neglect to select a third architect, or another third architect as aforesaid the Governor may, on the applica- tion of either party, appoint the Director of Public Works or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the two architects appointed by the parties.

(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appoint- ment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.

(12) Where each party has appointed an architect, then, if either of the architects refuses, or for seven days neglects to act the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.

(13) In this section "architect" means "authorised architect'.

Right of entry of building

owner.

138. A building owner, his servants, agents and work- men, at all usual times of working, may enter and remain on any premises for the prupose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furni- ture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a

V

1123

constable, break open any fences or doors in order to effect such entry: Provided that before entering on any premises for the purpose of this section the building owner shall give fourteen days notice of his intention so to do to the owner and occupier; in case of emergency he shall give such notice only as may be reasonably practicable.

foundations

139. Where a building owner intends to erect within ten Under-

pinning or feet of a building belonging to an adjoining owner a building strengthen- any part of which within such ten feet extends to a lower level ing of than the foundations of the building belonging to the adjoining of adjoining owner, he may, and, if required by the adjoining owner, shall building. (subject as hereinafter provided) underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect:-

(1) at least two months notice in writing shall be given by the building owner to the adjoining owner stating his inten- tion to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

(2) if the adjoining owner shall, within fourteen days after being served with such notice, give a counternotice in writing that he disputes the necessity of such under- pinning or strengthening, or that he requires such under- pinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner.

(3) the building owner shall be liable to compensate the adjoining owner and occupier for any inconvenience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:

(4) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise be subject in case of injury caused by his building operations to the adjoining owner.

owner may

security to

be given for payment of

140. An adjoining owner may, if he thinks fit, by Adjoining notice in writing, require the building owner (before com- require mencing any work which he may be authorised by this Ordinance to execute) to give such security as may be agreed upon, or in case of difference as may be settled by a judge expenses in chambers, for the payment of all such expenses, costs and compensation in respect of the work as may be payable by by building the building owner.

The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter- requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and com- pensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.

and counter

requisition

owner.

Expenses

to be borne jointly by building owner and adjoining

owner.

Expenses

to be borne by the

building

owner.

1124

If the adjoining owner does not within one month after service of the counter-requisition give security accordingly, he shall at the end of that month be deemed to have ceased to be entitled to compliance with his party wall or party structure requisition, and the building owner may proceed as if no party wall or party structure requisition had been served on him by the adjoining owner.

141.--(1) As to expenses to be borne jointly by the building owner and the adjoining owner:-

(a) if any party structure is defective or out of repair, the expenses of making good, underpinning, or repairing the same shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes or may make of the structure;

(b) if any party structure is pulled down and rebuilt by reason of its being so far defective or out of repair as to make it necessary or desirable to pull it down, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the structure;

(c) if any timber or other partition dividing

dividing a building is pulled down in exercise of the right by this Ordinance vested in a building owner, and a party structure is built instead thereof, the expense of building such party structure and also of building any additional party structures that may be required by reason of the partition having been pulled down, shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the party structure and to the thickness required for the support of the respective buildings parted thereby;

(d) if any rooms or storeys or any parts thereof, the property of different owners, and intermixed in any building, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of such rooms or storeys;

(e) if any arches or communications over public ways or over passages belonging to other persons than the owners of the buildings connected by such arches or communications, or any part thereof, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes of such arches or communications.

(2) As to expenses to be borne by the building owner :

(a) if any party structure or any external wall built against another external wall is raised or underpinned in pursuance of the power by this Ordinance vested in a building owner, the expense of raising or underpinning the same and of making good all damage occasioned thereby, and of carrying up to the requisite height all such flues and chimney- stacks belonging to the adjoining owner on or against any such

1125

party structure or external wall as are by this Ordinance required to be made good and carried up, shall be borne by the building owner;

(b) if any party structure, which is of proper materials and sound or not so far defective or out of repair as to make it necessary or desirable to pull it down, is pulled down and rebuilt by the building owner, the expense of pulling down and rebuilding the same and of making good any damage by this Ordinance required to be made good, and a fair allowance in respect of the disturbance and inconvenience caused to the adjoining owner shall be borne by the building

owner;

(c) if any party structure is cut into by the building owner, the expense of cutting into the same, and of making good any damage by this Ordinance required to be made good shall be borne by such building owner;

(d) if any footing, chimney-breast, jamb or floor is cut away in pursuance of the powers by this Ordinance vested in a building owner, the expense of such cutting away and making good any damage by this Ordinance required to be made good shall be borne by the building owner;

(e) if any party fence wall is raised for a building, the expense of such raising shall be borne by the building owner.

(f) if any party fence wall is pulled down and built as a party wall the expense thereof shall be borne by the building owner.

by adjoin-

(3) If at any time the adjoining owner makes use of any Proportion party structure or external wall (or any part thereof) raised which may or underpinned as aforesaid, or of any party fence wall pulled be borne down and built as a party wall (or any part thereof) beyond ing owner. the use thereof made by him before the alteration, there shall be borne by the adjoining owner from time to time a due proportion of the expenses (having regard to the use that the adjoining owner may make thereof)-

(a) of raising or underpinning such party structure or external wall, and of making good all such damage occasion- ed thereby to the adjoining owner, and of carrying up to the requisite height all such flues and chimney-stacks belong- ing to the adjoining owner on or against any such party structure or external wall as are by this Ordinance required to be made good and carried up;

(b) of pulling down and building such party fence wall as a party wall.

of expenses

142. Within one month after the completion of any Statement work which a building owner is by this Ordinance authorised to be or required to execute, and the expense of which is in submitted whole or in part to be borne by an adjoining owner, owner.

                               by building the building owner shall deliver to the adjoining owner an account in writing of the particulars and expense of the work, specifying any deduction to which such adjoining owner may be entitled in respect of old materials, or in other respects, and every such work shall be estimated and valued at fair average rates and prices according to the nature of the work, and the locality and the market price of materials and labour at the time.

Difference between building owner and adjoining

owner as to expenses.

Failure by adjoining

owner to

express dis- satisfaction

1126

143. At any time within one month after the delivery of the said account the adjoining owner, if dissatisfied there- with, may declare his dissatisfaction to the building owner by notice in writing served by himself or his agent, and specifying his objections thereto, and thereupon a difference shall be deemned to have arisen between the parties, and shall be determined in manner hereinbefore provided for the settlement of differences between building and adjoining

owners.

144. If within the said period of one month the adjoining owner does not declare in the said manner his dissatisfaction with the account, he shall be deemed to have to be deemed accepted the same, and shall pay the same on demand to the party delivering the account, and, if he fails to do so, the amount so due may be recovered as a debt.

acceptance.

Adjoining

owner

failing to contribute, building

owner to become

sole owner.

Adjoining owner liable

145. Where the adjoining owner is liable to contribute to the expenses of building any party structure, then, until such contribution is paid, the building owner at whose expense the same was built shall stand possessed of the sole property in the structure.

146. The adjoining owner shall be liable for all for expenses expenses incurred on his requisition by the building owner, and in default of payment the same may be recovered from him as a debt.

incurred on

his requisi-

tion.

Other easements and rights in regard to party

structures preserved.

Submission of claim.

Appointment

of arbitra- tors.

147. Nothing in this Ordinance shall authorise any interference with any other easements in or relating to a party wall, or take away, abridge, or prejudically affect any right of any person to preserve or restore any other thing in or connected with a party wall in case of the party wall being pulled down or rebuilt.

Arbitration.

148. No suit, action or other proceeding shall lie in any court for the recovery by any person of compensation for loss alleged to have been caused by the operation of this Ordinance, but any person claiming any compensation payable under this Ordinance shall, unless the assessment thereof is otherwise provided for by this Ordinance, submit to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority, a claim in writing stating the amount which he seeks to recover and the grounds upon which he bases his claim.

In any case in which the claim is in respect of a matter with regard to which powers of exemption or modification are vested in the Governor in Council, the person claiming shall await the decision of the Governor in Council before proceeding with the works.

149. In the event of dispute, the amount of compensa- tion, if any, payable under this Ordinance shall be determined by arbitration in the manner following

(1) There shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation.

1

A

1127

-

(2) The two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final.

In case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a Puisne Judge in chambers as umpire, and his decision shall be final.

(3) The decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.

150.-(1) The arbitrators and umpire in determining Principles the compensation to be paid and in estimating for such on which purpose the value of any land resumed or of any building tion to thereon-

compensa-

be based.

(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, 1901, the nature and Ordinance. the condition of the premises, the state of repair thereof. No. 6 of and the probable duration of the premises in their existing state; and

(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless. such addition or improvement was necessary for the main- tenance of the premises in a proper state of repair); and

(c) shall not make any allowance in respect of the acquisition being compulsory.

1901.

(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove-

(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any other illegal purpose; or

(b) that the rental of the premises was enhanced by illegal overcrowding; or

(c) that the premises are in such a condition as to be a nuisance within the meaning of this Ordinance, or are not in reasonably good repair; or

(d) that the premises are unfit, and not reasonably capable of being made fit, for human habitation.

be received.

(3) If the said arbitrators or umpire are satisfied by Effect of such evidence then the compensation shall-

(a) in cases (a) and (b) in sub-section (2) so far as it is based on rental, be based on the rental which would have been obtainable if the premises had not been occupied either as a brothel, or as a gaming house or for any illegal purpose, or had not been illegally overcrowded; and

(b) in case (c) in sub-section (2) be based on the amount estimated as the value of the premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance, or of putting them into such repair, as the case may be; and

such evidence

on com-

pensation.

Vacancies

among arbitrators.

Contraven- tions.

1128

(c) in case (d) in sub-section (2) be based on the value of the land, and of the materials of the buildings thereon.

151. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and, if he is a person appointed by a claimant, shall be filled by some other person so appointed.

Contraventions and Penalties.

152. Every act, failure, neglect, or omission whereby any requirement or provision of this Ordinance is contraven- ed, and every refusal to comply with any of such require- ments or provisions, shall be deemed a contravention of this Ordinance.

Penalty for building nuisance.

153. Every person who as architect, engineer, clerk of works, contractor, foreman, or workman is responsible, either alone or jointly with others, for the existence of any nuisance as defined by this Ordinance, and also the owner occupier or tenant of any building or works on which any such nuisance exists shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to a further fine not exceeding twenty dollars for every day that the nuisance remains unabated.

Penalty for refusing to obey magis- trate's order or for

obstructing Building Authority.

Penalty for

ventions.

154. Every person who refuses to obey the order of any magistrate made under the provisions of this Ordinance, or who, without reasonable excuse, refuses to permit the Building Authority, or any officer deputed by such Authority, to enter or inspect any building or works in the performance of his duties under this Ordinance, and every person who obstructs or hinders the Building Authority, or such officer as aforesaid, in the execution of the powers vested in him by this Ordinance or by any order of a magistrate, shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

155. Every person who contravenes any of the other contra provisions of this Ordinance in respect of which contraven- tion no special penalty is otherwise provided shall upon summary conviction be liable to a fine not exceeding five hundred dollars.

Liability of

secretary or manager of company.

Proceedings against several

persons.

156. Where a contravention of any of the provisions of this Ordinance is committed by any company, corporation or firm, the secretary, manager, director or any partner thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

are

157. Where proceedings under this Ordinance competent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

}

1129

Special powers of magistrate.

to order

158. It shall be lawful for a magistrate in any case in Power of which it is proved to his satisfaction that any cockloft, magistrate partition, or shop-division is not in accordance with the removal of

illegal provisions of this Ordinance, to order either in addition to structures. or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction thereof or of any portion thereof by any officer deputed by the Building Authority and no compensation shall be payable to any person in respect of any damage done thereto by such demolition, removal and destruction.

to authorise

enter and

159.-(1) If admission to premises for any of the pur- Power of poses of this Ordinance is refused, any magistrate on com- magistrate plaint thereof on oath by any officer authorised by this officer to Ordinance to enter and inspect premises (made after reason- inspect able notice in writing of the intention to make the same has premises. been given to the person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this Ordinance to inspect the same into the premises during the hours prescribed by this Ordinance, and if no such person can be found the magistrate shall, on oath before him of that fact by order under his hand, authorise any such officer to enter the premises during the prescribed hours.

(2) After a magistrate's order has been obtained unde this section, any officer authorised to inspect premises under this Ordinance may, if necessary, break into the premises named in the order.

(3) Any order made by a magistrate under this section shall continue in force until the nuisance has been abated or the work for which the entry was necessary has been done.

of

or Power of

or exemption

cases.

160. Every application for modification exemption from any of the provisions of sections 74, 77, 79, Building

Authority 82, 83, 87, 88 and 110, which the Governor in Council is to grant by any of such sections empowered to grant, shall be made modification to the Building Authority in the first instance, and may be in certain granted by him either wholly or in part and with or without conditions; and a certificate under the hand of the Building Authority to the effect that any such modification or exemption has been granted by him shall be as valid and effectual for all purposes as if such modification or exemption had been granted by the Governor in Council.

Appeal to the Governor in Council.

Governor in

decision of

any person

with powers

161. Whenever any person is dissatisfied with the Appeal to exercise of the discretion of any person to whom discretion- Council ary power is given under this Ordinance in respect of any against act, matter, or thing, which is by this Ordinance made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of any such person either as to under this the carrying out of or the meaning of any of the provisions of Ordinance. this Ordinance, or whenever any of the provisions of this Ordin- ance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor ir Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation,

Governor in Council em- powered in any appeal to state case for

the opinion

of Full Court on question of law.

Order of Governor in Council enforced by the court

Breach of condition of modification

or exemp- tion.

Registration

of modifica- tion and cancellation thereof.

1130

or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Coun- cil shall thereafter determine the matter in the absence of, and without further reference to, the Building Authority.

The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and docu- ments submitted by the respondent for the consideration of the Governor in Council.

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.

162. In any appeal under the provisions of section 161 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and deter- mine the question of law arising on any case stated as afore- said, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

No proceedings by way of mandamus, injunction, pro- hibition, or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

163. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that court.

164. The breach of or failure to perform any term or condition attached to any modification of or exemption from any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

165. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the

proper- ty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the can- cellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

1

}

1131

Regulations.

166. The Governor in Council may alter, amend or Governor in revoke the whole or any part of the provisions of the Schedules Council may and may substitute new provisions or new regulations therefor. Schedules

Application of Ordinance.

alter

and make regulations

167.-(1) Sections 6 to 147 shall not apply to any part Application of the New Territories except to New Kowloon, unless the Governor in Council shall by order otherwise direct; and

(2) Sections 31 and 32 shall not apply to any domestic building which existed on the 29th day of December, 1894, unless such building is situated within the City of Victoria, or at Kowloon, New Kowloon, Quarry Bay, Shaukiwan, or Aber- deen, or within such other districts or places as may be notified by the Governor in Council.

(3) The provisions of sections 6 and 116 so far as they relate to authorised architects shall not apply in any case in which the Building Authority shall so decide, and the Governor in Council may direct the Building Authority to prepare type- plans and may make regulations in regard to such type-plans if approved, and domestic buildings may, notwithstanding any- thing to the contrary in this Ordinance contained, be erected in accordance with such type-plans and regulations in any part of the Colony outside the City of Victoria or Kowloon.

of Ordin- ance to New Territories. etc.

from

168. No legal liability whatever shall rest upon the Government Government or upon any Government officer by reason of the exempted fact that any buildings or works other than Government build- liability. ings or works have been or may hereafter be erected or carried out upon designs or plans or of type, construction or materials consented to or approved of by the Government or by any Government officer or by reason of the fact that any such works or buildings are subject to the approval or inspection of any Government officer.

liability

169. No matter or thing done by the Building Authority Limitation or by any public officer or other person whomsoever acting of personal under the direction of the Building Authority shall, if it was of the done bonâ fide for the purpose of executing this Ordinance, Building

Authority, subject them or any of them personally to any action, liability, and others. claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition, or other order un- less it is expressly so enacted.

170. The provisions of section 48 of the Interpretation Protection Ordinance, 1911, shall apply to actions or prosecutions com- of persons

                                   acting under menced against the Building Authority or any person acting the Ordin- under his direction or any public officer or other person acting in his aid, for anything done or intended to be done or omitted No. 31 of to be done under the provisions of this Ordinance.

ance.

Ordinance

1911.

171. Nothing herein contained shall be deemed to pre- Saving of vent or limit the exercise by His Majesty of any powers of rights of resumption contained in any Crown lease.

the Crown.

Amendment

of Ordin-

ance

No. 13 of 1914, s. 8

Commence- ment.

1132

172. Section 8 of the Public Lighting Ordinance, 1914, is amended by the deletion of the words "section 186 of the Public Health and Buildings Ordinance, 1903", and by the substitution therefor of the words "section 93 of the Building Ordinance, 1935."

173. This Ordinance shall not come into operation until such date as the Governor shall notify by proclamation as the date of commencement of this Ordinance.

SCHEDULE A. [ss. 6 (1) (a) & 166.]

Notice of intention to commence or resume any Building Works.

HONG KONG,

19......

To the Building Authority,

hereby give you notice, pursuant to the Buildings intention to commence (or resume)

Ordinance, 1935, of

the following building work in accordance with the accompanying plans, and that I have engaged

Authorised

Architect to give general supervision in and throughout the carrying out of such building works.

Particulars.

No. of Lot

Locality

Name and number of street (if any)

Width of street (if any) upon which building fronts

Purpose for which it is intended to use the building

Name and address of owner

Name and address of the authorised agent of owner (if any)...................

(Signature of owner or authorised agent)

(Statement of capacity in which the party signs)

1133

SCHEDULE B. [ss. 6 (1) (d), 14 & 166.]

Exceptional Buildings Regulations.

iron and steel skeleton con- struction.

The provisions of section 22 of the London County Council Buildings of (General Powers) Act, 1909, as the same may be amended from time to time, and the Reinforced Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on Reinforced the 6th day of July, 1915, as the same may be amended from time concrete. to time, shall be deemed to be in force in every part of the Colony to which the Buildings Ordinance, 1935, for the time being and from time to time applies, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the said Ordinance and as the circumstances may require or render necessary, and with any modifications specially allow- ed by the Building Authority in any particular case.

2. The certificate referred to in section 6 (1) (d) of the Buildings Ordinance, 1935, shall be in the following form:-

Form-S. 6 (1) (d).

I hereby certify that the plans and calculations submitted by me for the construction of

.on.

have been prepared under my supervision or direction and that the said plans and calculations conform in all respects to the provisions of Section 22 of the London County Council (General Powers) Act, 1909, and all amendments (if any) thereof, and to the Reinforced Concrete Regulations made by the London County Council under the provisions of section 23 of the said Act, on the 6th day of July, 1915, and all amendments (if any) thereof, subject to the applicability of the provisions of the said section 22 and of the said Regulations and with such modifications as the provisions of the Buildings Ordi- nance, 1934, and the circumstances may require or render necessary and with any modifications specially allowed by the Building Autho- rity.

Dated

Authorised Architect.

SCHEDULE C.

[ss. 6 (1) (e) & 166.]

Certificate of Stability of Existing Buildings.

HONG KONG,

19......

I hereby certify that I have inspected the building known as

Lot No.

                              ... and that in my opinion it is capable of bearing the weight and stresses of the repairs, alterations or additions proposed to be made in accord- ance with the plan submitted herewith, and of any additional weight or stress which in consequence of such repairs, alterations or addi- tions may be imposed upon it.

To

The Building Authority.

Authorised Architect.

1134

SCHEDULE D.

[ss. 6 (4) & 166.]

Certificate of completion of Repairs, Alterations or Additions.

I

HONG KONG,

19......

Authorised Architect hereby certify

that the repairs, alterations or additions to the building known as

.... Lot No.

Section

on

have been completed in accordance with the plans approved by the Building Authority in the Buildings Ordinance file Ref. No.......

Authorised Architect.

SCHEDULE E.

[ss. 58 & 166.]

Undertaking with regard to verandah (or balcony) to be erected on or over Crown land.

hereby agree in consideration of being permitted by His Ex- cellency the Governor to erect a verandah (or balcony) over unleased Crown land adjoining house No.

Lot

No.

on

1. That during the construction of the said verandah (or balcony) will in no way deviate from the plans and drawings thereof supplied, signed by

              .... and deposited in the office of the Building Authority.

2. That

      will always keep the said verandah (or balcony) in good order and repair and will colourwash, paint and cleanse the same and will keep clean the footpath underneath the same whenever required by the Building Authority to do so and will not use or permit to be used any portion of the structure for the display of advertisements other than the name or names of the occupiers, together with such appropriate business descriptions as are necessary

for the purpose of identification.

3. That

      will always give free ingress to the Building Authority or any officer authorised by such Authority to enter the premises and examine the verandah (or balcony).

purpose

4. That should the land on or over which such verandah (or balcony) is to be erected be, at any future time, required by the Government for any public work, improvement, or other public hereby undertake on receipt of a notice in writing from the Building Authority to remove at expense the whole of the structure within a period of three months from the date of such notice, and without making any claim for com- pensation on the Government for such removal.

own

5. That in the event of

            Street being hereafter raised or lowered

hereby undertake on receipt of a notice in writing signed by the Building Authority to raise or lower within a period of three months from the date of such notice and at own expense the whole of the ground floor surfaces to such levels as shall be determined by the Building Authority and further undertake to make no claim for compensation on the Government in respect of such raising or lowering.

6. That

will always comply with all regulations from time to time in force relating to verandahs and balconies.

7. And that this agreement shall be binding also on executors, administrators and assigns.

Dated the

day of

Witness to signature.

19......

Signature of owner of Lot No.

1135

SCHEDULE F.

[ss. 58 & 166.]

Undertaking with regard to areas for the admission of light and air into basements to be constructed on unleased Crown land.

  hereby agree in consideration of being permitted by His Excellency the Governor to construct as an encroachment on unleased Crown land the following works:-

adjoining house No. ........ on

Lot No.

and

1. That

      will in no way deviate from the plans and drawings of such works supplied, signed by deposited in the office of the Building Authority.

2. That

      will keep the whole of the said works in good repair, and not permit the accumulation of rubbish therein or the use thereof for storage purposes, or as a smokehole or in any way other than as a channel for the admission of light and air.

3. That

will always give free ingress to the Build- ing Authority or any officer authorised by such Authority, to enter the premises for the purpose of inspection.

4. That should the land occupied by such works be at any time required by the Government for any public work, improvement or other public purpose

a notice in writing from the

own expense the of three months from the date of claim for compensation on the

5. That

hereby undertake, on receipt of Building Authority, to remove at whole of such works within a period such notice and without making any Government for such removal.

will always comply with all regulations from time to time in force relating to areas.

6. And that this agreement shall be binding on executors, administrators and assigns.

Dated the

Witness to signature.

day of

19......

Signature of owner of Lot No.

SCHEDULE G.

[ss. 58 & 166.]

Verandah and balcony regulations.

Notwithstanding anything contained in these regulations no struc- tural alteration shall be required to be made in any verandah, balcony or basement already constructed in compliance with the regulations in force at the time.

1. Except as hereinafter mentioned any verandah projected over any street from the ground storey of any building shall not be less than ten feet wide, between the face of the wall from which it is projected and the inside face of the base of the piers or columns upon which it is supported.

As far as practicable, unless the Building Authority shall other- wise direct, the external face of the base of the piers or columns shall align with the face of the kerb of the side walk.

2. Any such verandah shall not be less than eleven feet high measured from the top of the kerb-stone or, if there is no kerb-stone, from the level of the centre of the street to the underside of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

1136

3. Any balcony projected over any street shall have a clear height underneath every part thereof of at least eleven feet measured from the top of the kerb-stone, or, if there is no kerb-stone, from the level of the centre of such street.

4. Any such verandah, balcony, or part thereof, projected over any street from any storey higher than the ground storey of any building, shall not be less than ten feet high. Such height shall be measured from the floor of the verandah, or balcony, to the under- side of the bressummers or lintels, or, if arches are used, to the highest point of the underside of each arch.

5. The ends of all such verandahs or balconies, which do not abut on any verandah or balcony existing at the date of their con- struction, shall be left open and shall be finished in all respects in a similar manner to the front elevation thereof.

6. Special plans and drawings of any such verandah or balcony shall be submitted to the Building Authority and shall be on tracing cloth and such plans and drawings shall be drawn to a scale of not less than one-tenth of an inch to the foot, and the details of all brackets, mouldings, caps, cornices, balustrades, and similar parts of the proposed structure, shall be drawn to an uniform scale of one inch to the foot. Such plans and drawings shall clearly show the lines and levels of existing kerbs and any proposed alterations to such lines or levels. Figured dimensions shall be given of such proposed alterations.

7. Any such verandah or balcony shall be constructed of iron, stone, brick or other incombustible material approved by the Build- ing Authority, except that the piers of every verandah shall on the ground floor of any building be made of cut stone worked straight, the exposed faces of which shall be extra fine punched or of other incombustible material approved by the Building Authority.

8. All bressummers and lintels, in connection with any such verandah or balcony, shall be constructed of iron or other incom- bustible material approved by the Building Authority.

9. The roof and floors of any such verandah or balcony shall be provided, to the satisfaction of the Building Authority, with gutters laid to a proper fall and with down-pipes to carry off water.

10. In the case of balconies any bracket, which is not built into any party or cross wall or main wall other than the wall from which it projects, shall have its top member extended for a length of at least three feet underneath the floor joists, or be otherwise anchored down in a manner satisfactory to the Building Authority.

11. The foot-path or roadway underneath any verandah or balcony over unleased Crown land or projecting beyond any such verandah or balcony out to the kerb-stone shall be paved with fine cement-concrete at least four inches thick, or finely dressed granite stones, not more than eighteen inches square, closely jointed and laid on a bed of lime-concrete, or with such other materials as may be approved by the Building Authority, by the owner for the time. being of the property from which such verandah or balcony projects, who shall maintain the same in good order, to the satisfaction of the Building Authority: Provided that wherever the Building Authority may consider it expedient to do so he may lay or repair any such foot-path or roadway at the expense of the owner, as afore- said, who shall pay into the Treasury, within seven days of the date of notice, the amount certified by the Building Authority as being due in respect of the work done, and in default of such payment the Building Authority may recover such amount by an action in the Supreme Court in its summary jurisdiction.

12. No verandah or balcony shall hereafter be constructed over any street unless the building from which it projects has a clear and unobstructed courtyard, backyard, back lane, or other open space, belonging exclusively to such building and extending across the entire width and in the rear of such building and of a minimum depth of eight feet:

Provided that:-

(a) A bridge or covered way, not exceeding three feet and six inches in width, when such is necessary for giving access to buildings in the rear of the property, shall not be deemed an obstruction to such courtyard, backyard, back lane, or other open space, within the meaning of this regulation.

1137

(b) The Building Authority shall have power to modify this regulation in any case in which he may consider it expedient to do so.

SCHEDULE H.

[ss. 58 & 166.]

Signboard Regulations.

1. No signboard shall be hung or fixed or maintained over any roadway unless a clear space of not less than fourteen feet be left between the signboard and the level of the road-way and no signboard shall be hung or fixed or maintained over any footpath unless a clear space of not less than nine feet be left between the signboard and the level of the footpath.

2. No signboard which projects more than six inches from the face of a building and of which the maximum width exceeds fourteen inches shall be of a greater area than twenty square feet.

3. No signboard which is attached to the face of any building shall project more than four feet from such face unless such sign- board is fixed to the underside of the floor of a verandah or balcony.

4. No signboard of which the maximum height exceeds five feet shall project more than two feet from the face of a building.

5. No signboard, which is attached to the face of a verandah or balcony shall extend for a greater height than three feet above the level of the floor of such verandah or balcony unless it be hung or fixed at right angles to the face of such verandah or balcony.

6. Every signboard shall be secured with proper and sufficient fastenings which shall be fixed and at all times maintained to the satisfaction of the Building Authority.

7. Every signboard which fails to comply with the above con- ditions will be treated as a contravention of the Buildings Ordinance, 1935. Provided that distinctive signboards such as those used by pawnbrokers will be permitted so long as they comply with the pro- visions of condition No. 6 and conform to a design and size approved by the Building Authority.

SCHEDULE J.

[ss. 104 & 166.]

Drainage (including water closets and urinals) Regulations.

1. Nothing in these regulations shall affect any existing drain, sewer, water closet or urinal constructed and maintained in com- pliance with by-laws or regulations previously in force until such drain, sewer, water closet or urinal shall become defective.

2. In these regulations,

"

"Drain (a)

means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed, and "main drain

               means the whole of such drain excluding any branches thereof.

""

(b) Sewer includes sewers and drains of every description except drains to which the word drain interpreted as aforesaid applies.

3. Any owner or occupier of private premises about to construct, reconstruct, alter or amend any drain shall give the notice and for- ward the plans required by section 6 of the Buildings Ordinance, 1935. Such plans must show the whole of the drainage works pro- posed to be carried out, the diameter of the pipes, their gradient and their connexion to the main drain, sewer, channel or nullah, and

1138

also the levels and sizes of any existing drains crossed by or adjacent to such new drains. Copies of Schedule A in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of the villages, at any village police station between 10 a.m. and 4 p.m.:

Provided that when drainage works are being carried out in conjunction with other works it shall only be necessary to forward one form as set out in Schedule A, which must however contain particulars of the whole of the works including such drainage works.

Note. The approval of plans by the Building Authority under these regulations certifies simply to the fact that the plans are in accordance with the Buildings Ordinance, 1935, and with the re- gulations made thereunder, but signifies no approval of the sufficiency or otherwise of the plan and throws no responsibility on the Build- ing Authority.

4. Any person carrying out excavations for drainage works on any premises contiguous to a public thoroughfare, whereby the safety. of the public may be jeopardized, shall light such excavations by means of a lantern or lanterns kept lighted through the night, and he shall further provide watchmen, erect hoardings and otherwise take such precautions as may be necessary for securing the safety of the public and the protection of adjoining properties.

5. Covered drains and sewers shall be made of impervious materials, to be approved by the Building Authority, with smooth internal surfaces, such as well glazed earthenware pipes or cast-iron pipes protected against rust or corrosion by suitable asphaltic coat- ing, and shall be so constructed as to be water-tight and air-tight. In jointing pipes with cement, tarred hemp shall be caulked into the joints before the cement is applied, and care shall be taken that no cement or other jointing material projects from the joints into the interior of the pipes, and any such projecting material or other irregularities in the bore of the drain or sewer shall be carefully removed.

6. All drains and sewers shall be laid so as to have a firm bed throughout their length. Where the bottom of the trench is in rock or similar hard substance, the pipes shall be firmly bedded in suitable selected material free from large stones and well rammed into place. Where such drains or sewers are laid under a wall, they shall be protected by means of a relieving arch.

7. All stone-ware pipes shall be well glazed and free from cracks and flaws and shall have a thickness of not less than one-twelfth of their diameter.

8. That portion of the drain of any building which is immedi- ately connected with any sewer shall (unless specially exempted by the Building Authority) be provided with a suitable and efficient intercepting trap at a point situate on the ground of the owner of the drain as distant as may be practicable from such building and as near as may be practicable to the point at which such drain is connected with such sewer. Adequate means of access shall be provided to every drain by a manhole or disconnecting chamber or other means of access to be approved by the Building Authority for the purpose of cleansing the drain. All manhole and disconnecting chambers shall be constructed of brickwork at least nine inches in thickness built in cement mortar so as to be water tight up to the level of the adjacent ground and every drain or sewer connecting into such manhole or disconnecting chamber shall be continued along the floor of the chamber by means of open half- channel pipes set in a bed of cement concrete. The surface of the concrete shall be raised above the edges of the half-channel pipes and shall be floated with neat cement all over so as to present a smooth and impervious surface. Where tributary drains are con- nected to the main channel the manhole bottom shall be benched up in cement concrete at an angle of forty-five degrees and finished at the channel with a bull nose edge and such tributary drains shall be formed by means of curved half-channels similarly laid in the benching and made to discharge over the main channel.

All manhole and disconnecting chambers shall be fitted with air tight covers and frames to be approved by the Building Authority.

:

1139

9. All covered drains and sewers shall be laid in straight lines and regular gradients between the points at which any change of direction occurs, and all changes of direction shall be made by means of properly curved pipes or by half channels in manholes.

10. Concrete for encasing drains or sewers shall be composed of four parts of good sound clean stone, broken to pass through a one inch ring, two parts of sand and one part of Portland cement thoroughly well mixed and well rammed into place or of such other materials and in such proportions as the Building Authority may

approve.

11. Cement-mortar for the jointing of pipes or any other work shall be mixed in the proportions of not more than three parts of clean sharp sand to one part of good Portland cement and used fresh.

12. No covered drain or sewer shall be less than four inches in clear internal diameter, but the Building Authority may require any covered drain or sewer to be constructed of a larger diameter.

13. Subject to the limitation mentioned in regulation No. 12. of these regulations, no drain or sewer shall be larger than is neces- sary in the opinion of the Building Authority to carry off the sewage of the premises drained or the sewage with the rain-water, which, under conditions hereinafter specified in regulations Nos. 35, 36 and 37 of these regulations, shall be admitted to the drain.

ΟΙ sewer

14. Every drain.

          shall have the maximum fall, throughout its length, that the relative levels of the public sewer and of the most remote inlet will admit of:

Provided always-

(a) that, if the available fall exceeds 1 in 30, the part of the drain or sewer more remote from the public sewer may be laid with a fall of 1 in 30; and the remainder, with such greater fall as may be necessary to connect with the public sewer;

(b) that, if the excavation necessary to obtain the maximum available fall, is likely in the opinion of the Building Authority to endanger the stability of the adjoining or neighbouring property, the gradient may be modified to such extent as the Building Authority may approve.

15. Whenever the available fall for a covered drain or sewer is less than 1 in 30, the Building Authority may require the gradient. of the drain or sewer to be varied by increasing such gradient in the upper portion of such drain or sewer and by reducing it in the re- maining portions.

16. Whenever the gradient of any portion of a covered drain or sewer is less than 1 in 30, the Building Authority may require an automatic flush tank or any other suitable contrivance for attaining an effective flush to be provided to his satisfaction.

17. No drain or sewer shall be so constructed as to pass under any domestic building except when any other mode of construction is impracticable. Any drain or sewer passing under a building shall be of cast-iron pipes coated inside with Dr. Angus Smith's patent composition, or of other material approved by the Building Authority, and all such pipes shall be of a quality to be approved by the Build- ing Authority and the joints shall be properly caulked and run with lead, and (unless the written permission of the Building Authority has first been obtained to lay the drain or sewer otherwise) shall be laid in one straight line for the whole distance beneath such build- ing, and shall be imbedded and encased throughout its entire length. in four inches of concrete as specified in regulation No. 10 of these regulations.

18. Whenever a covered drain or sewer traverses soft or yield- ing ground, or when water may make its appearance in the trench. the drain or sewer shall be surrounded throughout its entire length with not less than four inches of concrete as specified in regulation No. 10 of these regulations.

1140

19. No drain or sewer shall be constructed in such manner as to allow any inlet to such drain or sewer to be placed inside any roofed building, (except such inlet as may be necessary from the apparatus of any water closet or urinal):

Provided that, if in the opinion of the Building Authority it is impracticable to comply with this regulation in respect of any pre- mises without encroaching or unleased Crown land, the Building Authority shall, on payment by the owner of such premises of a fee of twenty dollars, construct an inlet on Crown land to receive the The drainage of such premises and connect such inlet with a sewer. cost of cleansing and maintaining such inlet shall thereafter be borne by the owner for the time being of the said premises, and may be recovered by the Building Authority from such owner by an action. in the Supreme Court in its summary jurisdiction.

20. The aggregate area of the openings in any grating fixed on the inlet to a waste-pipe from a bath or sink shall not be less than four square inches and such waste-pipe shall not have a less internal diameter than one and a half inches.

21. Every inlet to a drain or sewer shall be provided with a trap of a pattern to be approved by the Building Authority. All surface traps and gulleys shall be provided with hinged gratings having the nett area of the openings not less than twice the area of the trap or pipe. Such gratings shall be sunk to a depth of at least one inch below the surrounding surface with a slope round them equal to half the width of the grating.

22. Traps shall have not less than two inches of water seal and shall be properly fixed and jointed to the satisfaction of the Building Authority. All stone-ware traps shall be surrounded with four inches of concrete as specified in regulation No. 10 of these re- gulations.

23. No person shall construct or fix in connexion with any drain or waste-pipe the form of trap of the kind known as the bell- trap or any trap of the kind known as the D trap.

24. Every covered main drain or sewer carrying sewage or sullage-water shall be ventilated at its upper end by carrying up in the open air an iron ventilating pipe of a diameter of not less than four inches to a height of not less than three feet above the eaves of the building to which it is affixed or of any of the immediately adjoining buildings, and clear of all windows, sky-lights or other openings as required by the Building Authority. The joints of all such pipes shall be properly caulked and run with lead.

25. Every covered main drain or sewer carrying sewage or sullage-water shall, if required by the Building Authority, have a ventilating opening near to its lower end and in the open air, and no trap or other obstruction to the free circulation of air shall exist be- tween this opening and the one described in regulation No. 24 of these regulations.

When a covered main drain receives the drainage of more than one building, the Building Authority may require additional provision.

•for ventilation of the branch drain from each building.

26. All eaves-gutters shall be of cast-iron or other material approved by the Building Authority and shall be securely fixed at a proper gradient and connected to rain-water pipes to the satisfaction of the Building Authority.

27. Rain-water pipes and waste-pipes from baths, sinks and other similar appliances on the upper floors of buildings shall be fixed, as far as may be practicable, vertically, and shall be of cast- iron socketed pipes jointed with yarn and red lead, or wrought-iron pipes, with screwed joints, coated with bituminous composition, or galvanised, or pipes of other approved materials, securely fixed outside the wall, and in the open air, by means of heavy wrought-iron bands fitted round the pipe, and made fast with wrought-iron spikes not less than four inches long, or in the case of iron pipes by means of ears, made fast as above described and provided, at each point of con- nexion, with a suitable head, and at their lower extremity with a bend, shoe, or pedestal pipe. Every opening in the wall of a build-

1141

ing for the discharge of sullage-water shall be of a suitable size and entirely protected to the satisfaction of the Building Authority by a fixed grating of cast-iron or other material to be approved by the Building Authority.

Provided that in the case of rain-water pipes and waste-pipes abutting on any street, cast-iron or wrought-iron pipes only shall be used, properly jointed as above described, (unless permission has been granted by the Building Authority to use pipes of other mate- rial), and wherever practicable rain-water pipes shall be carried under the foot-path and shall discharge into the side-channel.

Note.-Zinc, tin-plate, riveted or lap-jointed sheet-iron will not be permitted.

28. No waste-pipe (other than a soil pipe from a water closet or urinal) and no rain-water pipe shall be connected directly with any covered drain, but every such pipe shall be brought down to within one foot from the ground and shall discharge in the open air near to or over a trap.

29. No rain-water pipe from the roof of a building shall be used as a ventilating pipe for any drain which communicates or is de- signed to communicate with a sewer.

30. Any person who may have laid any drain or sewer or con- structed drainage works connected therewith shall not cover up such drain sewer or works until the same shall have been previously in- spected and passed by the Building Authority or an officer deputed by him, and every such person shall give three clear days written notice to such Authority that such drain or sewer or works are ready for inspection, and such notice shall be delivered at the office of the Building Authority in a form of which printed copies in English and Chinese may be obtained gratis on application at the office of the Building Authority, or, in the case of villages, at any police station between 10 a.m. and 4 p.m. : Provided that in all cases where plans or a notice signed by an authorised architect have been submitted under regulation No. 3 of these regulations, the notice referred to in this regulation shall, if the Building Authority so requires, be signed by an authorised architect.

31. Before any drain or sewer is covered in, it shall be inspect- ed and tested by the Building Authority or an officer deputed by him to ascertain whether it is water-tight and air-tight; and no drain or sewer that fails in either of these respects shall be passed. A fee of twenty dollars shall be paid by the person who signs the notice referred to in regulation No. 30 of these regulations for every inspec- tion after the first if the Building Authority is satisfied that such further inspection has been necessitated by negligence or by bad workmanship or the use of improper materials. After a drain or sewer has been passed, the earth shall be carefully filled in, above and around the drain or sewer, and thoroughly rammed and con- solidated. For a depth of at least six inches above the summit of the sockets of the pipes, selected material, free from stones larger than will pass through a two inch ring, shall be used in filling in the trench.

32. Surface channels shall be constructed of impervious mate- rials to be approved by the Building Authority and of such section as the Building Authority may approve, and shall be finished off smooth and laid to regular gradients of not less than 1 in 80 unless the Building Authority shall permit a less gradient.

33. The floors of all kitchens, sculleries, bathrooms, stables, cow- sheds and the like, shall, where practicable, be laid to proper falls, and shall be elevated above the ground outside the building, and shall be provided with surface channels passing out through the wall and delivering above a trapped gulley outside. When new drains are being laid and where the floor is at the level of the ground out- side, such surface channel shall be connected to a trap outside the house by a straight pipe terminating above the water level and below the grating of the trap, which shall be accessible and in free com- munication with the open air. Every such opening in the wall shall be of a suitable size and entirely protected by a fixed grating, at its upper end, to the satisfaction of the Building Authority.

1142

34. All surfaces of backyards and paved areas of premises wherever practicable shall have a fall towards the trap or inlet of the drain of not less than 1 in 40, and such inlet shall be placed as far from the walls as practicable.

35. Open surfaces such as backyards, courtyards or other spaces on which slops are thrown, or from which foul water flow, shall be provided with trapped connexions to the covered drains for the re- moval of such waters as well as some of the rain-water.

36. Wherever an outlet is available, surface channels shall be provided to carry excessive rainfall from the premises, and these channels shall be properly connected with a storm water-channel or drain. As many four inch traps as the Building Authority may approve shall be placed in such surface channels and connected with the covered drains for the purpose of flushing the sewers.

37. The rain-water from roofs which slope towards inclosed courtyards or backyards may, if diversion to the surface channel is impracticable, be received into the covered drains, but no ventilat- ing pipe shall be used for the conveyance of rain-water from the roof.

38. No person shall, where it can possibly be avoided, lay any pipe for conveying sub-soil drainage in such manner or in such position as to communicate directly with any sewer, cesspool, or covered drain used for the conveyance or reception of sewage.

39. In every case where the course of a drain or sewer shall be diverted, any cesspool previously existing and into which such drain or sewer may have previously emptied, shall be cleansed, deo- dorized and filled with clean earth.

40. Every water-closet and urinal in a building shall, unless exempted by the Building Authority, be constructed against an external wall, and all apparatus shall be fixed as near to such external wall as in the opinion of the Building Authority is practicable.

41. Every water closet and urinal shall be furnished with a separate cistern or flushing box unless the Building Authority shall otherwise permit. In the case of water closets such cistern or flush- ing box shall be so constructed, fitted and placed as to admit of a supply of water to such closet, basin, or other receptacle of not less than two gallons and not more than three gallons each time such basin or other receptacle is used.

Such cistern or flushing box shall in all cases, except where it is in connexion with a valve-closet, be of the type known as Water Waste Preventor.

Such cistern shall be provided with a suitable ball-cock fixed on the supply pipe, and it shall be furnished with an overflow pipe carried through the external wall of the building into the open air and terminating in a conspicuous place.

Provided that, in the case of trough water closets and urinals, such cistern or flushing box shall be of automatic action and of such size and pattern and discharging at such intervals as may be ap- proved by the Building Authority.

42. Every water closet and urinal shall be furnished with a suitable apparatus for the effectual application of water to any basin, or other receptacle with which such apparatus may be connected and used, and for the effectual flushing and cleansing of such basın or other receptacle, and for the prompt and effectual removal there from of any solid or liquid filth which may from time to time be deposited therein.

Every water closet or urinal shall be furnished with a basin or other suitable receptable or receptacles of non-absorbent material, and of such shape, capacity, and mode of construction as to receive a sufficient quantity of water; and every such receptacle in con- nexion with a water closet shall in addition contain a sufficient quantity of water to allow of all filth which may from time to time be deposited therein to fall directly into the water. receptacle shall be provided with a suitable trap, having a water seal Every such

of not less than one and a half inches..

1

T

}

1143

No container or other similar fitting shall be constructed or fixed under such receptacle.

No trap of the kind known as the D trap shall be constructed or fixed in connexion with any such water closet or urinal apparatus.

43. No water closet or urinal or receptacle shall be directly con- nected with any water service pipe.

44. No flush-pipe connecting any water closet apparatus with the cistern shall be less than one and a quarter inches in internal diameter throughout its length and no flush-pipe in connexion with any urinal shall be less than three-quarters of an inch in internal diameter throughout its length.

45. No water closet or urinal apparatus or receptacle shall be cased in.

46. Every water closet and urinal shall be provided with an efficient soil pipe of cast-iron or wrought-iron securely fixed to the wall in the manner described for ventilating and waste-pipes; and such soil pipe shall be not more than (unless required by the Build ing Authority) four inches in diameter in the case of water closets and not more than (unless required by the Building Authority) two inches in diameter in the case of urinals, and shall be properly con- nected to the drain at the foot, and shall be continued up in full diameter without bends or angles except where unavoidable, and shall terminate in an open end at least three feet in height above the eaves of the building to which it is affixed or of any adjacent building, and not less than ten feet from any window.

Such soil pipe shall be jointed with yarn and molten lead and well caulked.

Every soil pipe shall be provided with proper junctions for con- necting with the water closet or urinal receptacle, the trap of which shall be connected in a sound and substantial manner.

No soil pipe shall receive any pipe other than that from a water closet apparatus or urinal, and no trap shall be fixed in any portion thereof.

Every soil pipe shall be fixed throughout its entire length out- side the building in the open air.

47. When more than one trap for a water closet or urinal re- ceptacle is connected with a soil pipe, the trap of each and every such receptacle shall be provided with an air-pipe of cast iron or lead not less than one and a quarter inches in diameter in the case of urinals and not less than two inches in diameter in the case of water closets, which shall be carried up throughout its entire length outside. the building, and shall either be connected to the soil pipe above the connexion with the uppermost trap, or shall terminate not less than three feet above the eaves of the building and not less than ten feet from any window.

48. All joints, pipes, fittings and apparatus in connexion with any water closet or urinal shall be perfectly water-tight and air-tight, and fixed to the satisfaction of the Building Authority.

49. All drains, sewers, and drainage works shall be built and carried out in all respects in accordance with the provisions of the Buildings Ordinance, 1935, and of these regulations and of any that may be made hereafter, and if no written notice provided by re- gulation No. 3 of these regulations shall have been given to the Building Authority by any owner or occupier about to construct, reconstruct, alter, repair, or amend any drain or sewer on his pre- mises, and if by such default the Building Authority shall have had no opportunity of inspecting and approving or disapproving of any such drain, sewer or drainage works actually built and already cover- ed in, it shall be lawful for the Building Authority on discovering the existence of such drain or drainage works to call upon such owner or occupier to open and uncover the same for the purpose of inspection, and should such drain, sewer, or drainage works prove upon inspection to be defective either in respect of design, work- manship, or materials, they shall be deemed a nuisance under the aforementioned Ordinance and dealt with accordingly.

1144

50. All works connected with the construction of drains, sewers, and connexions shall be carried out in strict accordance with the plans and sections previously submitted to and approved by the Building Authority, or with such amendments to such plans and sections as may have been required by him, to make them comply with the provisions of the Buildings Ordinance, 1935, and such works shall be carried out in a proper and workmanlike manner with the best materials of their respective kinds, and shall be subject during their progress to the control and supervision of the officers of the Building Authority appointed in that behalf and shall be completed to the entire satisfaction of the Building Authority.

51. Whenever any drain or sewer is about to be constructed or reconstructed, the Building Authority shall have power to require the provision of a surface channel of approved materials and design, in lieu of a covered drain or sewer, in any position in which a covered drain or sewer may appear to him to be undesirable.

Waste-pipes from buildings and surface channels from kitchens, sculleries, bathrooms, stables, cowsheds and the like shall discharge into such surface channel without the intervention of a trap; but any communication between such surface channel and a covered drain or sewer shall be by means of a trap.

52. The position and depth of any sewer to which it is proposed to make a connexion shall be ascertained by the person submitting any plan or notice relating to any drainage works. The Building Authority shall, on application being made to him by such person, open the road or footway where necessary to enable such information to be obtained, but the cost of such opening and of the reinstate- ment of the surface shall be borne by the applicant.

53. The Building Authority, or any officer deputed by such Building Authority may, with such assistants as may be necessary, enter any building, curtilage or works, and may open the ground. surface or take such other action as he may consider necessary for the purpose of inspecting and supervising the works to be carried out or about to be carried out under these regulations: Provided that any damage caused to the owner by reason of such inspection shall be made good by the Building Authority at the public expense should the work of which inspection is made be found sound and good.

54. In any case in which the Building Authority may consider the provisions of any of these regulations inapplicable or inexpedient, he may grant such modifications or exemptions as he may consider

necessary.

1

SCHEDULE K.

[ss. 116 & 166.]

Certificate with regard to compliance with Ordinance.

I

HONG KONG,

certify that the new building, viz.:

on

Lot No.

19......

Authorised Architect, hereby

Sec.

comply/complies

in all respects with the provisions and requirements of the Build- ings Ordinance, 1935 (including all regulations and by-laws made thereunder), and is structurally safe.

I therefore request that a written permit to occupy such building may now be granted to

the registered owner of this/these building as required by Section 116 of the said Ordinance

Το

The Building Authority.

Authorised Architect.

1145

SCHEDULE L.

[ss. 121 & 166. Į

Matshed regulations.

1. In these regulations,

GENERAL.

""

matshed includes structures of wood,

Inter- pretation.

mats, palm leaves, thatch or other inflammable material.

2. No matshed shall be erected or maintained within fifty yards Proximity to of any other building unless with the permission in writing of the buildings. Building Authority.

3. Every application for permission to erect a matshed shall Application. specify the proposed dimensions of the matshed, the period of time for which such matshed is required and, if it is intended for habita- tion by more than two persons, the maximum number of persons it is intended to accommodate at night; and no matshed shall be used for habitation by more than two persons unless the permission to erect such matshed expressly states that it may be so used.

4. No part of the structure of any matshed shall be within ten Proximity to feet of any telegraph or telephone wire or electric cable.

telegraph and telephone wires.

or Contraven-

5. The permit-holder shall be responsible for any act omission by which any of these regulations is contravened and shall tions. indemnify the Government and the Building Authority from all and every claim that may be brought against the Government, or the Building Authority, in respect of sanctioning the erection of the mat- sheds referred to in such permit.

6. Any contravention of these regulations and any breach of the Penalty. conditions of a permit will entitle the Building Authority to cancel and withdraw the permit without notice, and will render the person responsible for any such contravention or breach liable upon summary conviction to a penalty not exceeding one hundred dollars.

7. Every matshed shall, at all times, be kept in a cleanly con- Sanitary dition, and all garbage and other refuse matters shall be removed maintenance. therefrom at least once every twenty-four hours and be properly dis- posed of to the satisfaction of the Sanitary Board.

8. On the expiry of the permit the permit-holder shall remove Removal. such matshed without delay and shall clear the site to the satisfaction of the Building Authority.

SPECIAL REGULATIONS FOR MATSHEDS USED OR INTENDED TO BE USED FOR HABITATION.

9. The following regulations apply only to matsheds used or in- Application tended to be used for habitation by more than two persons.

of Regula- tions.

10-19.

10. The site of every such matshed shall be levelled, and the Freparation site, including the ground surface for a distance of not less than three of site. feet from the outer walls of such matshed, shall be covered with a layer of good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority and provided with channels graded to discharge where required by the Building Authority.

Provided that in all cases in which the floor of the matshed averages at least two and a half feet above the ground and the space below such floor is not inclosed, or in which the matshed is erected over water, the foregoing requirements may with the permission of the Building Authority be dispensed with.

11. No such matshed may be erected in such a manner that Distance any part of any external wall of such matshed is at a less distance than from hill- eight feet horizontally from any cutting.

side.

1

1146

-

Notice

to be affixed.

Kitchens.

Latrines.

Drainage.

Over- crowding.

Sleeping

accom-

modation.

Exemption.

Protection of planta- tions.

12. A board shall be exposed on the outside of every such mat- shed containing the following information:-

(a) Name of permit-holder.

(b) Number of permit.

(c) Date of issue of permit.

(d) Duration of permit.

(e) Maximum number of persons it is intended to accom-

modate.

13. The ground surface of every kitchen used in connexion with any such matshed shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority.

14. Adequate latrine accommodation shall be provided for the occupants of every such matshed and the ground surface of every such latrine shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth and graded and channelled to the satisfaction of the Building Authority. Every receptacle in a pail latrine shall be fly proof.

15. Adequate arrangements, to the satisfaction of the Building Authority, shall be made for the drainage of every such matshed, and also of every such kitchen and latrine, as well as of the ground im- mediately surrounding them. Adequate provision shall also be made for conducting all sullage-waters into a public sewer, if available, failing which, they shall be disposed of as the Building Authority may direct.

16. Each occupant of any such matshed shall be provided with at least thirty square feet of unobstructed floor area and three hun- dred and thirty cubic feet of clear and unobstructed internal air

space.

17. Every such matshed upon a site that is concreted shall be provided with suitable beds or bunks for the use of the occupants, and such beds or bunks shall be at least two feet above the floor of such matshed.

18. In all cases in which any such matshed is intended to be used for occupation for a period not exceeding three months, and is occupied by not more than twenty persons, the Building Authority may, in his discretion, exempt such matshed from compliance with any or all of the foregoing provisions: Provided always that such exemption shall not be deemed to protect the permit-holder from legal action in the event of a nuisance arising from the erection of such matshed.

19. The Building Authority may require the applicant for per- mission to erect any matshed intended for the housing of more than two persons to sign an undertaking in the following form, and to make a deposit in the Treasury of a sum to be fixed by the Building Authority, not exceeding five hundred dollars for each matshed, as, security for the performance of such undertaking.

UNDERTAKING TO PROTECT TREES, &c., NEAR MATSHED.

for the

In consideration of the issue to the undersigned of a permit to erect .matshed.............. at........... housing of [workmen]

hereby undertake to make good any loss or destruction of or damage to any trees, shrubs or under growth or other Government property on unleased Crown land within a distance of five hundred yards from any part of any matshed erect- ed under such permit, occurring while such matshed stands, unless can prove to the satisfaction of the Building Authority that such loss, destruction or damage has not occurred through the act, neglect or default of any person employed by or any person making use of any such matshed, and

    hereby agree that the amount of any such loss, destruction or damage for which

may be liable

A

1147

under this document, as assessed by the Superintendent of the Botanical and Forestry Department, may be deducted from the sun. of $............ which

have deposited with the Treasurer as

security for that purpose.

As witness

19......

Witness.

hand this

day of

SCHEDULE M.

[ss. 123 & 166.]

>

EARTH CUTTING, &c. REGULATIONS.

Regulations as to obtaining stone, earth, sand, clay or turf from Crown land.

1. No person shall cut or remove earth, sand, clay, or turf, or collect, extract, split, blast or remove stones from any land not under lease from the Crown, without having previously obtained a written permit from the Director of Public Works, and such permit must be kept by the head workman on the ground and shall be pro- duced whenever required by the Director of Public Works or any officer deputed by him, or by the police, and shall have stated in it the period for which it will be available.

2. The place where stone, earth, sand, clay or turf is to be obtained shall, where practicable, be stated in the permit.

3. As each case may require special precautions, the permit- holder must obey any special instructions of the Director of Public Works indorsed on the permit.

4. Permits for the obtaining of stone will be limited to the collection of loose boulders.

5. Any permit may be limited to the collection of a stated quantity.

6. No stone shall be rolled on to, or left deposited upon, any public road or allowed to roll over any hill-slope to the danger of life or property or to the detriment of trees.

7. All escarpments caused by the cutting on unleased Crown land must be sloped uniformly and properly turfed upon completion of the excavation.

8. Any infringement of these regulations will entitle the Director of Public Works to cancel and withdraw the permit without notice, and will render the person to whom the permit was granted liable upon summary conviction to a penalty not exceeding one hundred dollars.

9. The Director of Public Works shall have power at any time to cancel and withdraw a permit, without giving any notice or assign- ing any cause for such withdrawal.

10. The permit-holder is to provide a competent foreman, who is to remain on the ground during the whole of the time the men are obtaining the material, for the purpose of ensuring that the work is carried out without undermining or prejudically affecting or endangering the stability of any bank or of any land or property adjoining, and to prevent the rolling of stones over any hill-slope to the danger of life or property or to the detriment of trees, and to see that all regulations and conditions attached to the permit are properly complied with.

11. The charges to be made in respect to each and every permit granted by the Director of Public Works under these Regulations shall be determined by him in each case.

1148

12. As regards the New Territories, except New Kowloon, these Regulations shall be read and construed as if the words "District Officer appeared instead of the words Director of Public Works."

66

Note:-Any contravention of the Buildings Ordinance, 1935, as regards the above matters renders not only the labourer doing the work, but the permit-holder, contractor, or foreman under whom such labourer is working, liable to the penalty provided by such Ordinance.

No.

SCHEDULE N.

[ss. 127 & 166.]

Notice to abate a building nuisance.

OFFICE OF THE BUILDING AUTHORITY,

HONG KONG,

19......

To A.B.,

It has been brought to my attention that a nuisance exists

your situated

which contravenes section

Lot No.

viz.:

...... of the Buildings Ordinance,

1935. I have therefore to give you notice under the said Ordinance to abate the nuisance within a period expiring on

by

(Signed)

Building Authority.

Objects and Reasons.

1. One of the recommendations in the Report of the Director of Medical and Sanitary Services on the need for re-organization of the Medical and Sanitary Services is that Regulations regarding the construction of buildings should come under a Buildings Ordinance.

2. Hitherto this subject has been dealt with under the Fublic Health and Buildings Ordinance (No. 1 of 1903).

3. It is felt that there are disadvantages in mixing provi- sions as to the design and construction of buildings, which concern mainly the Public Works Department, with provisions relating to house-cleansing and the prevention of disease, which are the special concern of the Sanitary and Medical Depart-

ments.

4. This Ordinance extracts from Ordinance No. 1 of 1903 (which it is intended shortly to repeal and replace by another Ordinance or Ordinances dealing with Sanitation and the Pre- vention of Disease) those provisions which deal with the con- struction of buildings and concern the Public Works Depart- ment and amends them where amendment is considered

necessary.

5. A Table of Correspondence attached to the Bill shews the origin of its various clauses and the nature of the amend-

ments.

C. G. ALABASTER,

March, 1935.

Attorney General.

4

1149

GENERAL INDEX

A.

ACCESS; to buildings for inspection

SECTION

124

to open spaces

86

ADDITIONS; to buildings

6

ADJOINING OWNER; interpretation of...

4 (1)

Rights of

133-147

ALTERATIONS; to buildings

6

APPEAL; to Governor in Council

161-165

APPLICATION; of Ordinance

167

ARBITRATION

148-151

ARCHITECTURE, rules as to types of

10

AREAS; between building and hill-side

Structures in

79

81

Sub-soil drainage of

Encroaching on streets

AUTHOR of a nuisance; interpretation of.

AUTHORISED Architect, interpretation o:

80

59 (Schedule F)

4 (2)

List of

4 (3) 5

B.

BALCONY; Interpretation of

BACKYARD; ground surface of

Rules as to

31

4 (4) 58-61

Obstructions in

63

Undertaking with regard to.. Regulations of

Schedule E

Schedule G

BASEMENT; Interpretation of

4 (5)

BATHROOMS; clear vertical height in

39-40 (5)

thickness of walls

21

BEARING; for floors

35

BLASTING

122

BLOCK PLAN

89, 6 (c)

BLUE BRICKS

16

BOND TIMBERS

53

BONDING for Walls

29

BOUNDARY WALLS

BREACH of Condition of modification

BRIDGES

BRESSUMMERS;

BUILDING; Interpretation of

Addition or alteration of

25

164

81

30

4 (7)

6

Chinese domestic

7-9

Dangerous

118-120, 124

Depth of

74-77

Design of

7-10

Domestic, Interpretation of..

4 (15), 6

Height of

87, 88

New

4 (28)

Notice of intention to

commence

Schedule A.

Nuisances

Public. Interpretation of Wooden

126

4 (37)

15

BUILDING AUTHORITY; Interpretation

of

Liability of

Powers as to entry and

4 (8)

168, 169

inspection by

Powers to divert traffic

BUILDING OWNER; Interpretation of..

Rights of

124 125

4 (9)

133-147

CEILINGS;

C.

CEMENT; Interpretation of

Hovedgade Makeup

46

4 (11)

1150

General Index,-Continued.

C,-Continued.

CERTIFICATE completion

CHIMNEYS;

for reinforced concrete

CHINESE Domestic Building

COCKLOFT;

COMPENSATION; for disallowing re-

erection

Claims for

CONCRETING of ground surfaces

CONTRACTS tenancy

CONTRAVENTIONS; Interpretation of ..

(see Penalties)

CORBELLING;

CORNICES;

CROSS WALL; Interpretation of

Thickness of

D.

SECTION

116 Schedule B.

54, 66, 67, 69-72

7-9

4 (12), 42

92 (2)

148-151

31

3

152

35

55, 56

4 (13)

20

DAMP-PROOF COURSES

DANGEROUS BUILDINGS; Interpreta-

tion of Shoring of, etc...

DETACHED BUILDING;

DISTRICT; Hill, Mid-level, Kowloon Point

DOMESTIC BUILDING; Interpretation of DOWN-PIPES

DRAINAGE; Works

Regulations

22

4 (14) 117-120, 124

40, 82

4 (22) (23) (27)

4 (15) 52

101-109 Schedule J.

DRAWINGS;

Building over

Interference with existing

E.

110

113

6

EARTH: Cutting

EAVES, Gutters

ENCROACHMENTS on Crown Land

ENTRY and inspection of buildings

EXCAVATIONS, Lighting of

EXCEPTIONAL Building, Interpretation

EXEMPTIONS

of .... Construction of

123 Schedule M.

52, 56 Schedule J (26)

58

124

Schedule J (4)

4 (16) and 88 (5)

13-15

160, 164, 165

EXTERNAL AIR, Interpretation of EXTERNAL WALL, Interpretation of

F.

...

4 (17)

4 (18)

FACTORY; Interpretation of

FALL, of ground surfaces

FIRE ESCAPES

FIRE PLACES

FLOORS; Interpretation of

Bearing for Impermeable

Level of ground Space between To be water-tight To rest on corbells Ventilation under

FOUNDATIONS; Construction of

64,

4 (19) 31 (2) 45

66-68

4 (20)

35

31

33

34

37

35

36

23

1151

General Index,-Continued.

G.

SECTION

GOVERNMENT Buildings

2

GOVERNOR IN COUNCIL, Appeal to

161

Empowered to state case for

Full Court

162

Orders of

163

31-33

GROUND Floors and Surfaces

H.

HABITATION; Space prohibited for HEARTHS;

HILL-DISTRICT; Interpretation of HILL-SIDE; Interpretation of

HOARDINGS;

HOLLOW-WALLS

HOODS; for fire-places.

Stair

HOOP-IRON Bond

I.

IMPERMEABLE FLOORS; INFLAMMABLE STRUCTURES;

K.

KITCHENS; Height of

Ground surface of

Limitation of extent of To be provided

KOWLOON-POINT District

41 68

4 (22)

4 (21)

11

28

67

21

29

31, 32

121 Schedule L.

39, 40 (4) 31, 32

65

64

4 (23) 7-10

LANES;

L.

LATH and Plaster Partitions

LATRINES; Interpretation of

General requirements

Height of

Thickness of walls

LIABILITY, of Government Officers

LIFTS and Lift Shafts

LIME-Mortar

LINTELS;

M.

MANDAMUS:

MATSHEDS:

Regulations

MID-LEVEL DISTRICT

MODIFICATIONS

N.

82, 84

28

4 (24) 94-101

39,40 (5)

21

168 & 169

44

16

30

161

121

Schedule L.

4 (27), 7-10 160, 164, 165

NEW BUILDING; Interpretation of NEW Kowloon, Interpretation of ....

Application of Ordinance to NEW TERRITORIES, Interpretation of...

Application of Ordinance to NOTICES; Dangerous Buildings.

to commence work

service of

4 (28) Interpretation Ordinance. No. 31 of 1911

167

Interpretation Ordinance No. 31 of 1911

167

118

6

Schedule A.

132

1152

General Index,-Continued.

N,-Continued.

SECTION

NUISANCE; Abatement of

Notice to abate

127-131 Schedule N.

Penalty for

153

NULLAHS;

110-113

O.

OCCUPATION; of new buildings

OCCUPIER; Interpretation of OPEN SPACE

OPENING and Recesses

ORDER of Governor in Council

ORDINANCE; Application of

Protection of persons

acting under

OWNER; Interpretation of

P.

PANTRIES;

PARTITION WALLS, Interpretation of

Thickness of

In verandahs

PARTY Structure, Interpretation of

PARTY Walls, Interpretation of

Thickness of ...

To be carried above roof ..

PARAPETS;

PENALTIES;

PERSON; Interpretation of

PLANS,

POWER of Building Authority to grant

modification or exemption

PREMISES;

PROJECTIONS;

PROTECTION of Persons acting under

Ordinance

PUBLIC BUILDING

R.

RECESSES;

REGISTRATION of Modification

RESUMPTION

RETAINING WALLS

RETURNS to Shop fronts

RIGHTS of, Building and adjoining

ROOFS;

owners

The Crown

ROOM; Interpretation of

Windows required for

S.

SCAFFOLDING

SCAVENGING LANES

SEMI-DETACHED BUILDINGS

SERVANTS QUARTERS

SEWERS and DRAINS

SHOP FRONTS, returns to

SKIRTINGS

SKY-LIGHTS

STAIRS

116

4 (29)

79, 82, 83, 80

27

163

167

170

4 (30)

39, 40

4 (32)

17 63

4 (33) 4 (34) 17

26

26, 88

6, 126, 152-157

4 (35) 6

160

4 (36)

55-57

170

4 (37)

27

165

150, 171

24

27

133-147

171

48-52

4 (38)

77

11

82, 84

40, 82

39, 40

101, 109

Schedule J.

27

38

77

43

1153

General Index,-Continued.

S.-Continued.

STONES; Removal of

STOREY; Interpretation of

Height of

STORM WATER-CHANNELS STOVES; Floor under

STREET, Interpretation of

Width of

Private

STRUCTURES; Inflammable

Party

SECTION

128

4 (39)

17 (proviso 3)

39, 40 110-113

68

4 (40) and 82 (8)

62 89

122 Schedule M.

4 (33)

T.

TENANCY CONTRACTS

TENANT, Interpretation of

TENEMENT, Interpretation of

TIE RODS

TIMBER STORES

TYPE-PLANS

TYPES of ARCHITECTURE

V.

VENTILATION, of Buildings

under floors

VERANDAH, Interpretation of

Obstruction in

Regulations

Rules as to

3

4 (41)

4 (42)

19 (3) 115 167 (3) 7-10

74

36

4 (43)

63

Schedules E & G.

58-61

W.

WALLS: Interpretation of

Cross

External

Main

Partition

Party

Blue bricks

Bonding of

Boundary or fence Cross

Damp-proof courses for

External

Foundations for

Hollow

Hoop iron courses for

Lath and plaster

Limitation of length of

Materials for

Mortar for

Partition

Party

Retaining

Tie-rods for

WATER-CLOSETS

4 (44)

4 (13)

4 (18)

4 (26)

4 (32)

4 (24)

16

29

25

19, 20

22

17, 19 (3)

23

28

29

28

19

12

16

21

26, 134-138

24

19 (3)

94-100 Schedule J.

WEEP-HOLES

WELLS,

WINDOWS, Interpretation of

Obstruction to

Required

WOOD Plates

WOOD-work near flues

WOODEN Buildings

Floors

WORKS, Interpretation of

Notice of intention to commence..

24 114

4 (46)

73, 74, 77

78

53

54

15 Schedule L.

37

4 (10), 4 (47) Schedule A.

1154

TABLE OF CORRESPONDENCE.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

1

2

Cf. Sanitation Bill 2

Cf. Sanitation Bill 3

3

4 (1)

6 (1)

(2)

(2)

(3)

(3)

"

$4

a

substituted for

the

(4)

(5)

44

to an average

the floo

"

level added

(5)

(6)

Added

(6)

garage

and hoarding

added

(7)

(8)

78

(8)

(9)

Deleted

(10)

(9)

(11)

Added

(10)

(11)

(13)

Substituted for definition of Mez-

""

7"

zanine floor

(12)

(38)

Re-drafted to exclude the walls of

a central yard

(13)

(16)

(14)

(20)

(15)

(22)

Deleted and definition

66

Mid-level

19

district substituted

(24)

(16)

(25)

46

seven

Amended to

substituted for five

exclude "vertical en

46

(17)

(26)

closure and cross wall or other partition which have

46

their own definition

(18)

(27)

Amended to conform to definition

in the Factories Ordinance, 1927

(19)

(28)

(20)

(29)

64

except Chinese Villages omit-

ted

(21)

(31)

(22)

(32)

1155

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903

Added

4 (23)

Ipail latrine, water closet and

"

urinal added

(24)

6 (35)

Added

(25)

(26)

(37)

Added to take the place of "Eu-

ropean Reservation"

(27)

(38)

Amended as in definition (12)

"and any existing building.....

for one tenancy" added..

(28)

(39)

(29)

(42)

(30)

(44)

Added

(31)

(32)

(44A)

(33)

(45)

(34)

(46)

(35)

(47)

"paddy

❞ omitted

(36)

(48)

(37)

(49)

(38)

(51)

Last paragraph added.

(39)

(53)

the whole or any part of

and

"road-bridge, footpath" added

(40)

(54)

(41)

(55)

(42)

(56)

Deleted

(57)

a

substituted for the

66

"

(43)

(58)

(44)

(59A)

Deleted

(60)

Added

A

glazed

(45)

omitted

"wall, pier, wharf, fence" omitted

Revised to accord with No. 39 of

999

(46)

(60A)

(47)

(61)

1932, s. 131

5

7

1156

Table of Correspondence,-Continued.

Remarks,

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

Re-drafted giving in greater detail the procedure to be adopted be- fore any building work is com- menced or resumed; making the architect responsible for work shewn on plans submitted by him; increasing penalties for defective work, etc.

6

222-225

Re-drafted to include Kowloon Point district and giving the Director of Public Works authority to de- cide what constitutes a Chinese domestic building

7

200

"or

Kowloon Point District" in- serted

201

Do.

Do.

9

202

10

203

Re-drafted to make it compulsory to erect hoarding during the de- molition or erection of a build- ing

11

208

12

96

13

97

Schedule B added to the mar-

ginal note

14

98

"the City of Victoria and Kow- loon have been substituted for an urban district

15

99

"composed of good cement..

or other suitable material omitted

""

thirty five

substituted

16

100

for

46

forty and for ventila- tion omitted and or where the walls are constructed in good cement mortar inserted in proviso (1)

17

101

practicable

substituted for

64

""

possible

18

101A

""

eighty" substituted for "seventy

""

six and not exceeding nine feet inserted

19 (2)

102 (2)

"thirty

five thirty

substituted for

19 (3)

102 (3)

20

20

103

not exceeding twelve feet

in height

inserted

21

103A

1157

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

1935.

No. 1 of 1903.

Re-drafted to apply to all build- ings and to provide for a ver- tical damp-proof course wh..e necessary

Last paragraph deleted

Re-drafted giving more detail of con- struction and excluding retain- ing walls built of lime concrete or in lime mortar

within an urban district omitted

unless exempted by the Building Authority and and every

parapet wall

inserted

one half substituted for two thirds and unless in the

223

104

105

2253

24

221

220

26

106

opinion

may be allow-

ed

inserted

27

107

66

outside the European Reservation

omitted...

28

108

or the Hill District

domestic and which is not

""

within

66

... the Hill District

omitted and not less than inserted

29

109

Re-drafted and curtailed

30

110

Re-drafted and the thickness of lime

concrete reduced from six to

four inches and the thickness of

cement concrete increased from three to four inches

Re-drafted to include bath-room

Last sentence added

31

32

2 2 2 20

111

112

33

113

34

114

35

115

36

117

37

119

outside the European Reservation or the Hill District omitted and size of skirting reduced....

38

120

eleven

substituted for "twelve"

and

* ten substituted for

elever. "

and the permissible

height of bathrooms and latrines from nine to eight feet.

39

116 (1)

Deleted and included in definition

of Storey

116 (2)

1158

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

No. 1 of

1935.

1903.

40 (1) (a)

116A (1) (a)

(b)

Deleted and included in definition of

Storey

(2)

(2)

Deleted

(3)

'nine feet six inches" substituted

for ten feet

"

(3)

(4)

(4)

(5)

"'eight" substituted for seven

and a half

Deleted and included in definition

(5)

(6)

of

66

Storey

(7)

41

116B (1)

Re-drafted to preclude

cocklofts

from being erected on a top storey or in any room used for

sleeping purposes

"mezzanine floor

omitted

Do.

Do.

Added

Added

42 (1)

118 (1)

(2)

(2)

(3)

(3)

(4)

(4)

(5)

(6)

Re-drafted and the treads and risers altered from 8" and 8" to 9" and 7′′ respectively; a minimum width of staircase is now given

Added

43

121

44

Re-drafted and the height of forty feet reduced to thirty five feet...

45

149

喝着

outside the European Reservation

or the Hill District

omitted...

46

122

47

123

48

124

49

125

50

126

ཚ་ལ

51

127

52

132

party or external omitted

53

128

Added

1159

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance,

Ordinance

1935.

No. 1 of 1903.

54

129

55

the Building

Re-drafted

giving

Authority discretionary power and controlling the height above

the footpath of projecting win- dows, etc.

56

131

Last sentence omitted

57

133

any street whether public or pri-

vate or into " added

58

134

and subject to

impose

added

(1)

(1)

58 (2)

134 (2)

(3)

(3)

(4)

(4)

59

135

"

verandah or added and one

and a quarter times

omitted.

60

136

Added

61

Deleted

137

Deleted

138

Added to take the place of defini-

tion (60)

"

("or maintained and except

46

62

""

within

District') omit-

ted, and ("except by

height") added

63

139

sixty" substituted for fifty"

on an' upper floor

and

omitted

outside the

64

140

District

omitted

1985

65

141

66

142

67

143

8889

68

144

69

145

+

and every chimney cement mortar

in

added

22

12242

70

146

71

147

72

148

1160

Table of Correspondence,-Continued.

Buildings

Remarks.

Ordinance, 1935.

Ordinance No. 1 of

1903.

Re-drafted to make it clear that the window in rear is intended to light the main building and to have the windows extending as far as practicable to the ceiling

thirty five

forty,

,,

"

""

substituted for glazed omitted

"

and clear of any obstruction to the light and" and ven- tilated added

""

73

150

74 (1)

151 (1)

thirty five

forty

substituted for

"

(2)

(2)

Re-drafted to conform to Section 87

75

23

152

Added

Re-drafted to ensure that all rooms in a domestic building are pro- vided with a window opening into the external air

existing

note

omitted from marginal

"or fitting" and "or by any

merchandise omitted

76

77 (Sanitation Bill 33.)

153 (1)

78

155

(Sanitation

Bill 35.)

Deleted

175

66

within an urban district omitted

79

176

80

177

81

178

Re-drafted to include every new domestic building whether on land leased before or after 1903.

The width of the side lane has been increased from four to five feet and an open space eight feet wide is now required in the

rear

ten "

82 (1)

179 (1)

(2)

(a)

<<

substituted for eleven' and fourth

"

substituted for

third "

(3)

(b)

(4)

(c)

Deleted

(d)

The height of the boundary walls has been reduced from ten to eight feet

(5)

(e)

1161

Table of Correspondence,-Continued.

Buildings

Remarks.

Ordinance, 1935.

Re-drafted so that every building will be required to provide an area five feet wide in rear for a scavenging lane

Re-drafted to exclude any portion of a street being included as open space and to exclude any portion of open space being treated as a street

Added

Added

Deleted

Added

Added

83

84

Redrafted so that an exceptional

building will not become a new building when certain structural

work is carried out

85

Added

86

Ordinance No. 1 of 1903.

(6)

(£)

(7)

(g)

(8)

(2)

(9)

(10)

180

(Sanitation Bill

15 and Scavenging

180 (5)

By-law 5.)

46

quarter

substituted for

half

87 (1)

188 (1)

Do.

(2)

(2)

quarter

substituted for

and the proviso omitted

""

half

(3)

(3)

Added

87 (4)

(5)

188 (4)

(6)

(5)

Re-drafted to make all buildings over three storeys in height fireproof; omit maximum height for non-domestic building and increasing the permissible height of domestic buildings from four to five storeys; omit the defini- tion of storey

66

"to a distance not exceeding twice

the width of such street" substituted for distance of fifty feet

Deleted

(7)

(6)

narrower

to a

(8)

(6) (a)

(9)

(6) (b)

(6) (c)

་་་་་

1162

Table of Correspondence,-Continued.

Remarks.

Re-drafted and the angle within which the height of a building must be kept has been increased from 30 degrees to 68 degrees in the case of building erected on old lots and to 63 degrees in the case of buildings erected on new lots

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

88 (1)

189 (1)

Added

Added

Added

(1) (a)

(1) (b)

(1) (c)

(2)

(2)

Added

(3)

(4)

(3)

Added

(5)

construction and '

19

added

89

182

"throughout "added.

90

183

91

184

"upon

which domestic buildings

abut" omitted......

92 (1)

185 (1)

(Sanitation

Bill 90.)

(2)

(2)

Added

(3)

in s.s. (1). s.s. (3), see No. 1 of 1845 s. 30A.

Re-drafted to make it clear that the

owner of a private street is re- sponsible for its maintenance. The last paragraph has been added to ensure recovery of the cost of any work carried out by Government in a private street.

93 (1) (Sanitation Bill,

186

Scavenging By-law 10.)

"and such latrine

the

building" omitted and "and no latrine

with a street added

94

156

Added

95

Thickness of rendering added

96

157

Last sentence omitted

97

158

pail" added

98

159

(Sanitation

Bill 40)

1

1163

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of 1903.

Amalgamated and re-drafted to in- clude every domestic building and every floor of a domestic building hereafter erected

99

160

100

163 & 164

(Sanitation

Bill 62)

101

189A

an

within urban district omitted

102

190

103

191

104

192

105

193

106

194

107

195

196

Deleted

197

Deleted

108

198

109

199

110

216

111

217

112

218

113

219

Re-drafted to cover wells for flush-

ing purposes only

114

213

.....

(Sanitation Bill 29)

Title amended and section re-drafted

to regulate the height of any building in which timber is stored and the height of any stack of timber and to prevent the formation of timber stacks into rooms

according to the form contained in

schedule K" inserted

115

212

116 (1)

204

Added

(2)

(3)

proviso

117

205

or otherwise made safe

inserted

118

206

119 (1)

207 (1)

1164

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

119 (2)

207 (2)

Added

(3)

120

207A

structure substituted for "build-

ing

121

209

Last paragraph added

122

210

sand, clay added; or earth

deleted penultimate paragraph

added. See No. 1 of 1845 s. 30A

123

211

"or his duly authorised agent' in-

serted

124 (1)

227 (1)

'duly authorised agent" substitut-

ed for representative

any

works whatsoever sub- stituted for "works of a public nature

1

defective materials or inserted

(2)

(2)

may at his discretion

ed for shall

125

228

126 (1) 5

229 (1) 5

substitut-

127

230

(Sanitation

Bill 28)

128

231

129

232

130

233

131

234

132

(Sanitation

Bill 76)

235

133

236

134

237

135

238

136

239

137

240

138

241

139

242

140

243

141

244

!

1165

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance No. 1 of

1903.

142

245

143

246

144

247

145

248

146

249

147

250

Reference to Board omitted

148

251

(Sanitation

Bill 91)

149

252

(Sanitation

Bill 92)

150

253

(Sanitation

Bill 93)

151

254

(Sanitation

Bill 94)

152

255

(Sanitation

Bill 77)

occupier and tenant

66

inserted and

five substituted for "two

153

257

(Sanitation

Bill 79)

"

two thousand* substituted for

two hundred

"

154

258

(Sanitation

Bill 80)

Penalty increased to $500

155

259

(Sanitation

Bill 81)

64

or firm

partner

and director or any

inserted

156

261

(Sanitation Bill 82)

mezzanine floor

46

and cubicle

omitted and deputed by the Building Authority substitut- ed for of the Department "'

157

262

(Sanitation Bill 83)

158

(Sanitation Bill 38)

264

1166

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of

1903.

159

264A

(Sanitation Bill 14)

66

or the Board omitted

160

264B

Reference to the Board omitted

161

265

(Sanitation Bill 84)

162

265A

(Sanitation

Bill 85)

163

265B

(Sanitation

Bill 86)

164

265c

(Sanitation

Bill 95)

165

265D

(Sanitation

Bill 96)

166

Cf. Sanitation Bill 99

167 (1)

266

(2)

267 (1)

(1)

the City of Victoria or Kowloon

substituted for an urban dis- trict

""

(3)

(2)

168

268A

Reference to the Board omitted

169

269

(Sanitation

Bill 97)

Reference to the Board omitted

170

270

(Sanitation

Bill 98)

171

271

Amends No. 13 of 1914

172

Commencement

173

Re-drafted to ensure supervision by

an authorised architect

Schedule A.

Schedule K.

See G.N. 660 of 23.11.1931

Schedule B.

New

Schedule C.

New

Schedule D.

1167

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

(2) amplified in respect of advertise-

ments

Schedule E.

Schedule E

46

or lowered

46

"' and or lower" add-

ed in (5)

Schedule F.

Schedule F.

(1) "ten feet" for "seven feet nine

Schedule G.

Schedule G.

">

inches

(2) eleven for

6 6

twelve

(3)

eleven for "twelve

46

(4) ten for eleven"

(7) and (8) "urban district" omit-

ted

Re-drafted to permit of use of re-

inforced concrete, etc.

(10) re-drafted

(12) and (13) omitted

See G.N. 349 of 22.11.1912

Schedule H.

(1) and (2) new

Schedule J.

Schedule M

(3) proviso re-drafted

(8) Last clause re-drafted to ensure proper channels and junctions

in manholes

(10) Cement concrete substituted for

lime concrete

(18) not less than inserted

"

(24) as required by the Building

Authority added

(25) "if required by the Building

Authority added

(27)

yarn and red lead "substitut- ed for cement

Stone ware pipes omitted

(31) Fee on giving notice of con- struction of drainage works in- creased from $10 to $20

(40) "unless exempted by the Build-

ing Authority" inserted

(44) Redrafted for clarity

1168

Table of Correspondence,-Continued.

Remarks.

Buildings Ordinance, 1935.

Ordinance

No. 1 of 1903.

(46)

not exempted

more than

(unless

by the Building

Authority)" substituted for "at least."

(1) "structures" for "buildings

(4) electric cable added

temporary or per-

Schedule L.

Schedule H.

(9) "either

"

manent

omitted

(10) Re-drafted.

(11) cutting.

for hillside or

bank of earth"

(14) Re-drafted

(1) and (2)" sand, clay " added.

Schedule M.

Schedule J.

(5), (11) and (12) New-see G.N.

554 of 1934

Schedule N.

Schedule L.

1169

Draft Bill.

No. S 100.-The following Bill is published for general information:-

[No. 4:-16.3.35.-6.]

A BILL

INTITULED

An Ordinance to amend the Magistrates Ordinance, 1932.

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

1. This Ordinance may be cited as the Magistrates Short title. Amendment Ordinance, 1935.

2. The following heading and sections are inserted after New head- section 118 of the Magistrates Ordinance, 1932:-

ing and sections 118A to 1181 added to Ordinance

No. 41 of 1932.

Alternative Procedure.

conviction of

118A. Any person aggrieved by any conviction of a Right of magistrate in respect of any offence, who did not plead guilty appeal from or admit the truth of the information or complaint, may magistrate. appeal from the conviction in manner hereinafter provided 4 & 5 Geo, 5, to a judge of the Supreme Court.

c. 58, s. 37

(1).

appeal

118B. Any person who after pleading guilty or admitting Right of the truth of the information or complaint is convicted of against any offence by a magistrate may appeal to a judge in like sentence of manner against his sentence

magistrate.

15 & 16 Geo. 5, c. 86, s. 25.

appeals.

118C. The powers and duties of a judge with respect Court for to appeals to which sections 118A and 118B apply shall be hearing exercised and performed by such one of the judges as the 23 & 24 Chief Justice shall arrange.

Geo. 5, c. 38, s. 7.

118D. In the case of any appeal to which section 118A Special or 118B applies--

(1) either party to the appeal may be heard in person, or by any barrister, advocate or solicitor having the right of audience before any court in this Colony, except in the case of an appeal or any point in an appeal reserved for hearing or directed to be argued before the Full Court under paragraph (4), for which hearing or argument the practice of the Full Court shall apply without modification;

provisions

regarding appeals under s. 118A or 118B.

(2) the judge, if he thinks additional evidence to be necessary, may receive such evidence, and for that purpose shall have the like powers under paragraphs (a), (b) and (c) of subsection (8) of section 78A of the Criminal Procedure Ordinance, 1899, that the Fuil Court would have had if the Ordinance appeal had been an appeal to which that section applied, and No. 9 of the judge may issue any process necessary for enforcing the exercise of such powers;

1899.

Ordinance No. 38 of 1932.

36 & 37 Vict. c. 66, s. 46.

Procedure on appeal to a judge.

23 & 24

Geo. 5, c. 38, s. 1.

First Schedule Forms

Nos. 91 and 92.

1170

(3) except in the case of whipping, which shall be stayed pending appeal, the appeal shall not operate as a stay of execution, but the magistrate or the judge may stay execution or sentence pending the appeal on such terms as to security for the payment of any money or the suffering of any punishment ordered by or in such conviction or sentence as to the magistrate or judge shall seem necessary: Provided that if the appellant is in prison, no such security shall be required, and on such stay as aforesaid the appellant shall be treated, pending the determination of his appeal, in such manner as may be directed by the rules made under the Prisons Ordinance, 1932, for the case of persons awaiting trial;

(4) the judge may reserve the appeal, or any point in the appeal, for the consideration of the Full Court, or may direct the appeal, or point in the appeal, to be argued before the Full Court; and the Full Court shall have power to hear and determine any such appeal or point so reserved or so directed to be argued.

118E. Where a person is authorised by section 118A or 118B to appeal to a judge against a conviction or sentence of a magistrate, the following provisions shall apply:-

(i) the appellant shall, within fourteen days after the day of his conviction by the magistrate, give to such magistrate's clerk notice in writing of his appeal, stating the general grounds of his appeal, and signed by him or his agent on his behalf, and thereupon the magistrate's clerk shall give a copy of such notice to the other party;

(ii) the appellant shall, after giving notice of appeal to the magistrate's clerk and within twenty-one days after the day of his conviction, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence, or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrate's clerk, or otherwise, as the magistrate may deem sufficient;

(i) for the purposes of this section, the date of a magistrate's decision upon any review under section 99, or of his refusal to grant an application for such review, as the case may be, shall be deemed to be the date of the conviction of the appellant;

(iv) where the appellant is in custody, any magistrate may, if he thinks fit, release him from custody on his complying with the provisions of paragraph (ii) if he has not already done so, and on his either entering into a recognizance, with or without sureties, and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magistrate's consent other security for his appearance;

(v) recognizances for the purposes of paragraphs (ii) and (iv) may, if it be convenient, be combined in one recognizance;

(vi) the judge may from time to time adjourn the hearing of any appeal;

1171

(vii) the judge may by his order confirm, reverse or vary the magistrate's decision, or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter as he thinks just, and by such order exercise any power which the magistrate

           magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate. The judge may also make such order as to costs to be paid by either party as he thinks just;

(viii) the powers of the judge under paragraph (vii) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;

(ix) the Registrar shall send to the magistrate's clerk, for entry in his record, a memorandum of the judge's decision, and shall endorse a like memorandum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of the memorandum shall be added thereto and shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.

as to entry

c. 38, s. 3.

118F.-(1) So soon as an appellant has complied with Provisions the provisions of paragraph (ii) of section 118E, with respect of appeal. to entering into a recognizance or giving other security, the 23 & 24 magistrate's clerk shall transinit to the Registrar the notice Geo. 5, of appeal, the depositions and such copies thereof as the Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the other party to the appeal, and to the Crown Solicitor, as to the date, time and place fixed for the hearing of the appeal.

A notice required by this sub-section to be given to any person may be sent by post in a registered letter addressed to him at his last or usual place of abode or business.

(2) Where an appellant has for the purposes of paragraph (iv) of section 118E entered into a separate recognizance or given other security for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any. and a statement as to any other such security given by the appellant.

(3) Where any recognizance for the purposes of such an appeal as aforesaid is entered into otherwise than before the magistrate against whose decision the appeal is brought, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to such magistrate's clerk.

ment of

118G. (1) In the case of an appeal under section 118A Abandon- or 118B the appellant may at any time, not less than two appeal. clear days before the date fixed for the hearing, abandon the 23 & 24 appeal by giving notice in writing to the clerk of the Geo. 5, magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice

c. 38, s. 4.

Provisions as to costs.

23 & 24 Geo. 5,

c. 38, s. 5.

1172

of the abandonment to the other party to the appeal and to the Registrar.

A notice authorised or required by this sub-section to be given to any person may be sent by post in a registered letter addressed to him at his last or usual place of abode or business.

(2) Where an appeal has been so abandoned--

(a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done thereunder by the appellant; and

(b) any magistrate may, on the application of the other party to the appeal, order the appellant to pay to him such costs as the Registrar shall determine to be just and reason- able in respect of expenses properly incurred by him in connection with the appeal before notice of the abandonment was given to him; and

(c) any recognizance entered into in connection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall re-transmit any such recognizance to the magistrate's clerk, and the provisions of sub-sections (1) and (3) of section 59 (except the words from "or giving security" to the end of the said sub-section (1)) shall apply in relation to any such re- cognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.

(3) The payment of any costs ordered to be paid under sub-section (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and such payment shall not be enforced

any other manner.

in

118H-(1) On any appeal to which section 118A or 118B applies, the judge may make such orders as to costs, as he may think fit, and may--

(i) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;

(ii) in any case, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.

1173

as to

1181.-(1) The following provisions of this section shall Provisions have effect in any case where a recognizance entered into forfeited in connection with any appeal to which this Ordinance applies recogniz has become forfeited.

ances.

23 & 24 Geo. 5,

(2) (a) The Registrar shall, during or after the hearing c. 38, s. 6. of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.

(b) The list or lists so made shall be examined, and, if necessary, corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 99 to 102 of the Criminal Procedure Ordinance, 1899.

(3) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance, or he may before so signing the list, make an order reducing the amount due under the recognizance to such amount as he thinks fit, and thereupon the reduced amount shall, for the purposes of the said sub-section (2), be deemed to be the amount of the sum forfeited in respect of the recognizance.

(4) The judge, unless he makes an order wholly dis charging the recognizance-

(a) shall, at the time when he signs it as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and

(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as may be so specified.

(5) Any order under paragraph (b) of sub-section (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.

(6) The Registrar shall enter upon the record any order made by the judge under this section.

(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.

Ordinance No. 9 of

1899.

Nos. 91

3. The First Schedule to the Magistrates Ordinance, New Forms 1932, is amended by the addition of the following forms at the end thereof ::

Ordinance No. 41 of 1932.

First Schedule.

1174

FORM NO. 91.

[s. 118E (i)].

Notice of appeal to a judge against conviction.

IN THE POLICE COURT AT

HONG KONG.

To M.N., the magistrate's clerk at the said Police Court.

at

1, A.B., of

do hereby give you notice that it is my intention to appeal to a judge of the Supreme Court of Hong Kong against a certain conviction of me by J.P., Esquire, a magistrate sitting at the said Police Court for having on (state offence, etc.) And that the general grounds of such appeal are (state here each ground of appeal, such as that the conviction was against the weight of evidence upon the hearing of the proceedings in that behalf, or that certain evidence was improperly admitted or rejected (as the case may be) upon the hearing of the proceedings in that behalf, or that there was no evidence, or no sufficient evidence whereon to found the said conviction, (or as the case may be)), and that I am not guilty of the said offence.

Dated this

day of

19

(Signed)

A.B.

FORM NO. 92.

[s. 118E (i)].

Notice of appeal to a judge against sentence.

IN THE POLICE COURT AT

HONG KONG,

To M.N., the magistrate's clerk at the said Police Court.

I, A.B., of

do hereby give you notice that it is my intention to appeal to a judge of the Supreme Court of Hong Kong against my sentence on a certain conviction of me by J.P., Esquire, a magistrate sitting at the said Police Court for having on

at

(state offence, etc.). And that the general grounds of my appeal are that my sentence was too severe.

Dated this

day of

19

(Signed) A.B.

Objects and Reasons.

The object of this Ordinance is to provide a cheap, simple and direct method of appeal from a magistrate's conviction or sentence to a judge of the Supreme Court.

Section 2 of this Ordinance provides an alternative appeal procedure in such cases by adding new sections, 118A to 1181 to the principal Ordinance, without disturbing in any way the general right of appeal to the Full Court under sections 100 to 117 of that Ordinance.

1

1175

Section 3 of this Ordinance adds new forms 91 (notice of appeal against conviction) and 92 (notice of appeal against sentence) to the Third Schedule to the principal Ordinance.

The sources and nature of the amendments are fully set out in the attached Table of Correspondence

March, 1935.

C. G. ALABASTER,

!

Attorney General.

1176

TABLE OF CORRESPONDENCE

BETWEEN

THE MAGISTRATES AMENDMENT ORDINANCE, 1935,

AND

8. 37 (1) of the Criminal Justice Administration Act, 1914 (4 & 5 Geo.

5, c. 58),

s. 25 of the Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86),

s. 46 of the Supreme Court of Judicature Act, 1873 (36 & 37 Vict.

c. 66),

and the Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5,

c. 38).

New section.

Section

of model.

118A

4 & 5 Geo. 5,

c. 58, s. 37 (1).

118B

15 & 16 Geo. 5, c. 86, s. 25.

118C

23 & 24 Geo. 5, c. 38, s. 7.

118D (1)

118D (2)

(3)

Remarks.

"magistrate" for "court of summary jurisdiction" in this section and wherever the expression occurs;

"or complaint" added after "in-

formation" : cf. s.

19 of the Summary Jurisdiction Act, 1879 (42 & 43 V. c. 49);

"hereinafter provided" for "provided

by the Summary Jurisdiction Acts";

"judge of the Supreme Court" for 'court of quarter sessions' in this section, and elsewhere "judge" wherever the expression occurs. (cf. note to 8. 118C infra).

"or complaint" added

added after "in- formation" (v. note to s. 118A supra).

"may appeal.........in like manner" for "shall have a right of appeal in manner provided by the Sum- mary Jurisdiction Acts."

The powers and duties of the com- mittee of justices in England (the appeal committee) are by this section delegated to such one of the judges as the Chief Justice shall arrange.

This sub-section allows the appellant to be heard in person or to be legally represented according to his means.

Gives the judge, on appeal, powers of receiving evidence similar to those in s. 78A (a) (b) and (c) of Ordinance No. 9 of 1899.

Derived from s. 298 of the Criminal Procedure Code (Ordinance No. 121) of the Straits Settle- ments, with the additional proviso that on a stay of execu- tion the appellant, if in prison, shall be treated as a person awaiting trial.

1177

Table of Correspondence,--Continued.

New

Section

section.

of model.

118E

(4)

36 & 37 Vict.

Remarks.

c. 66, s. 46.

23 & 24 Geo. 5, c. 38, s. 1. substituting new s. 31 in 42 & 43 Vict. c. 49.

(i)

42 & 43 Vict.

c. 49, s. 31 (ii).

"Subject to the provisions of this section" and s.s. (2) in the Act, omitted, as also "order, deter- mination or other decision". The alternative procedure pro- vided by this Ordinance is de- signed to apply to appeals on conviction only, leaving appeals on other matters to be dealt with under S. 100 or 105 of the principal Ordinance.

"day of his conviction by the magis- trate" for "day on which the decision.... was given", as the procedure applies only to con- victed persons;

"magistrate's clerk" for "clerk to that court", and wherever the expression occurs;

"and to the other party" omitted, it being provided instead in this paragraph that the magistrate's clerk shall give a copy of the notice to the other party, thus simplifying the procedure for the appellant. A simple form of notice of appeal is provided (Forms Nos. 91 and 92).

"day of his conviction"-see note to

para (i) (supra).

(ii)

(iii)

(iii)

(iv)

(iv)

(v)

(v)

(vi)

(vi)

(vii)

(vii)

(viii)

(viii)

(ix)

(ix)

'any decision or order made by the Judge" for "any order made by quarter sessions". The word 'decision" is inserted here for conformity with para. (ix) where

decision' only is used.

"On an appeal against conviction or sentence omitted as the section is limited to such appeals.

"Registrar" for "clerk of the peace'

and wherever the expression occurs. "The Registrar" is de- fined in s. 2 (m) of the principal Ordinance.

"record" for "register".

1178

Table of Correspondence,-Continued.

New

section.

Section of model.

Remarks.

118F

(x)

23 & 24 Geo. 5, c. 38, s. 3.

118G

23 & 24 Geo. 5, c. 38, s. 4.

118H

23 & 24 Geo. 5,

c. 38, s. 5.

1181

23 & 24 Geo. 5, c. 38, s. 6.

References

to

conviction,

sentence

and order, omitted (v. note to s. 118E (viii) (supra)).

Para. (x) in the Act omitted. Under s. 118E (i) only one notice is required to be given, by the appellant.

The opening words "In the case of an appeal.......clerk of the peace but" omitted. (v. note at begin- ning of the preceding section);

"the magistrate's clerk shall" for "it

be the duty of" etc;

shall

"the depositions and such copies thereof as the Registrar may require" inserted;

"or (place of) business" added at the

end of s.s. (1);

"clerk to the justices or other" omitted before "officer" in S.S. (3). The officers before whom a recognizance may be entered into are set out in s. 57 of the principal Ordinance.

"or business" added at the end of S.S. (1) (v. note to S. 118F (supra)).

in s.s. 2 (b): Costs are to be deter- mined by the Registrar, as convenient in local practice;

in s.s. 2 (c): s. 59 (1) and (3) of the principal Ordinance correspond to 42 & 43 V. c. 59, s. 9 (1) and (4);

the wording of s.s. (3) is amended to make it clear that the procedure in ss. 60 et seq. of the principal Ordinance, and not the summary procedure in the Supreme Court, is to be used for the recovery of costs (ef. s. 58 (3) of the principal Ordinance).

S.S.

(2) (v. note to s. 118G (3) (supra)).

No procedure having so far been laid down for the enforcement of recognizances in connection with magistrates' appeals, this section has been made to apply generally to all such recognizances, and not limited to appeals under ss. 118A and 118B;

1

1179

Table of Correspondence,-Continued.

New

section.

Section of model.

(1)

s. 6 (1).

(2)

(3)

23 & 24 Geo. 5,

c. 38, s. 6 (2).

(4)

s. 6 (3)

(5)

(4).

(6)

(5).

(7)

(6).

Remarks.

in s.s. (1), "any appeal to which this Ordinance applies" for "an appeal to which this Act applies";

8.S.

(2) substitutes a procedure

similar to that in s. 99 of Ordin- ance No. 9 of 1899 as amended by Ordinance No. 17 of 1931, for the procedure referred to in s.s. (2) in the Act;

s.s. (3) follows s.s. (2) of the Act, except as noted in s. 1181 (2) (supra);

"proceed with the enforcement of payment of the sum due" for "exercise his power of recovering the sum due" (cf. the heading "Enforcing recognizance"

to

S. 99 of Ordinance No. 9 of 1899);

"enter upon the record" for "enter upon the roll", to conform with local practice;

"enforcing recognizances" for

"re-

covering forfeited recogniz- ances': (v. note to s. 1181 (5) (supra)).

1180

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

   No. S. 101.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st March, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

$

Chartered Bank of India, Australia and China.

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

20,560,831

134,422,530 132,750,000†

8,300,000*

1,771,781

1,350,000§

TOTAL

156,755,142

142,400,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £777,500.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

5th April, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 102.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

5th April, 1935.

112-1131

W. T. SOUTHORN,

Colonial Secretary.

...

1181

COLONIAL SECRETARY'S DEPARTMENT.

  No. S. 103.-The following names of successful tenderers are notified for general information :-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 33 of 1.2.35.

S. 44 of 12.2.35.

S. 53 of 20.2.35.

S. 45 of 15.2.35.

S. 62 of 25.2.35.

S. 61 of 1.3.35.

S. 71 of 7.3.35.

5th April, 1935.

Tender for Sand Bins at Praya Messrs. Woo Hing.

East and Hung Hom.

Tenders for repairs to No. 1

Police Launch.

Tender for Refuse Dump at

Kun Tong.

Tender for purchase of Ammu-

tion.

Messrs. Kwong Cheung Hing.

Messrs. Woo Hing.

Messrs. The Hong Kong Sport-

ing Arms Store.

Tender for repairs to M/L Messrs. The Hong Kong and

66

'Lila".

Whampoa Dock Co., Ltd.

Tender for Summer Clothing Messrs. A. Lee.

for Prison Staff.

Tender for the supply of a teak wood single-screw motor boat for police services at Tai O.

Messrs. Kwong Hip Lung &

Co. (1932), Ltd.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 104.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

5th April, 1935.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHOrn,

Colonial Secretary.

1182

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 105.--Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

1926.

No. S. 301.

5th April, 1935.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

No. S. 106.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 26th day of April, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (b).

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents in

Annual

Registry No.

Locality.

Upset Price.

Acre.

Crown Rent.

N.

S.

E.

W.

Tsun Wan Demarcation District

No. 453, Lot No. 1154.

Sai Lau Kok.

:

$

$

€A

21

23

.30

Subject to readjustment as provided by the Conditions of Sale.

5th April, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District

1183

MAGISTRACY.

LICENSING SESSIONS.

 No. S. 107.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, cn Wednesday, the 17th day of April, 1935, at 12 noon, at which the following application will be considered under the Liquors Ordinance, 1931:-

No.

Name of Applicant.

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant has held a licence of the same kind to sell liquor in the Colony and, if so, for how long.

1

Bunshichi Kawahara.

Restaurant Keeper's Adjunct Licence.

Kawahara Restaurant.

No. 41, Peking Road, Ground floor.

New application.

2nd April, 1935.

W. M. THOMSON,

Secretary to the Licensing Board.

GOVERNMENT LABORATORY.

No. S. 108.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 31st March, 1935.

Description.

Number of Samples.

Number found genuine.

Number found adulterated.

Bread

13

13

0

Flour

9

9

0

Fruit, tinned

1

1

0

Lard

5

4

1

Milk, fresh

22

22

0

tinued

1

1

0

19

Rice

3

3

0

Sweets..

11

11

0

Vegetable, tinned

1

0

1

Vinegar

1

1

0

4th April, 1935.

67

65

2

A. JACKSON,

Government Analyst.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 109.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st March, 1935.

Language

Title of Book.

in

which it is

Name of

Author,

Translator,

Place of

Name or

Firm of

Date of

Number

of

Number of

Whether

Price at

Subject.

Printing

and

Issue

Printer and

from

Name or

Sheets,

Leaves,

Number Copies of Printed which the

Name and Residence of the

Size.

written.

or

Editor.

Place of

Publication.

the

of

Edition.

Firm of

Publisher.

or

which the

Edition

consists.

or

Book is

Press.

Litho-

graphed.

sold to the

Public.

Proprietor of the Copyright or any Portion of such Copyright.

Pages.

No. 1.-Chinese Musical book.

Chinese.

Yau

Hok-chau.

聲新樂國

Chinese

music and

songs

(North and Cantonese).

336,

Wing

Hennessy

Kwong,

17.1.35. 272

leaves.

81"x6"

First.

2,000

Litho-

graphed.

$2.00 Yau Hok-chau, 26, Elgin

treet,

Road.

Litho-

2nd floor.

grapher.

No. 2. Tables of Conversion.

English.

Ip Kwai-wa.!

pr. Wing Fat Printing

Jan.

25 73" × 83" Do.

500 Printed.

1935. leaves.

Co., Ltd.

pub. The

Pounds to

tons and

Kilograms and Catties

or vice

versa Cubic

feet to

cubic meters

or vice

versa.

3, Hing Fat

Street.

Brewers

bookshop

Ltd.

$2.00

22

No. 3.-How to play modern

Chinese.

chess.

Wong

Kai-hong.

How to

play modern

chess.

25,

Lee Tung

Street.

Melan

Printing

Press.

1.1.35. leaves. 7"x5" Do.

1,200

Do.

20

cents.

術戰棋軍

3rd April, 1935,

Ip Kwai Wa, 1, Blacksmiths Lane

East Point.

Wong

Kai-hong,

125, Caine

Road.

A. G. CLARKE,

p. Secretary for Chinese Affairs

1184

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 19 of 1933.

Re The Tai Hing Knitting Factory of Lo Lung Hang, Hung Hom, in the Dependency of Kowloon, and the Colony of Hong Kong.

A SECOND and Final dividend of $8.91 per

matter.

N

1188

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 5 of 1935.

HONGKONG CLUB

NOTICE

21934 HE First Yearly Drawing of 24 Debentures

THE First

$500 each) was held in the Club House on Saturday, the 30th March, 1935, when the

Re Chan Kwan Mo () following Debentures were drawn for redemp-

of No. 227, Jaffe Road, (3rd flɔor), Victoria, in the Colony of Hong Kong, Jeweller and Silver Smith's Salesman.

cent has been declared in the above RECEIVING Order made 30th day of

OTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 11th day of April, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

     Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 5th day of April, 1935.

N

JAMES J. HAYDEN.

Official Receiver.

IN THE SUPREME COURT OF HONG KONG

In the Matter of the Legal Practitioners

Ordinance, 1871, Section No. 16.

OTICE is hereby given that I, WEI LEUNG SANG, of Gloucester Building, Victoria, in the Colony of Hong Kong, Articled Clerk to EDGAR DAVIDSON, of Gloucester Build- ing. Victoria aforesaid, Solicitor, intend at the expiration of one month from the date hereof

to apply for my examination and admission as

a Solicitor of the Supreme Court.

Dated the 1st day of April, 1935.

WEI LEUNG SANG.

March, 1935. Date and place of first meeting, 11th day of April, 1935, at 11.00 a.m. in the Official Receiver's Office.

NOTE. All debts due to the estate should be paid to me.

Dated the 5th day of April, 1935.

JAMES J. HAYDEN,

Official Receiver

tion:--

3 147 247 269 355 447 16 196 261 295 383 475 59 199 264 317 409 491 123 213 266 351 428 498

and will be Payable at the Hong Kong and Shanghai Banking Corporation on Monday, the 30th September, 1935, in exchange for sur- render of same.

By order,

S. R. KERR, Secretary.

Hong Kong, 20th March, 1935.

(FILE No. 110 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registratun of Two Trade Marks.

NOTICE is hereby given that British-American Tobacco Co. Ltd., whose

registered office is situated at Westminster Honse, 7, Millbank, London, S. W. England, Tobacco Manufacturers, have on the 6th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks:-

(1)

BACK

John Player & Sons England

白告明聲

   明决未號行街聲逕 九 以不清交之第明啓

   免交是易生四 五誤易以茲意十願 年會特將因定

一九三五年四月二號

興隆堂謹

此此原舊於號頂日 佈登議人本天文前 報收轇月平咸登 聲囘轕二藥西報

ORDINANCES FOR 1934.

BHon volumes of Ordinances of BOUND Kong, including Pro-

clamations, Regulations, and Orders in Council, Statutes, Commissions. etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

PLAYER'S

CLIPPER

(2)

CLIPPER

TRADE

NOTTINGHAM

CASTI

MARK

John Player & Sons. England

in the name of British-American Tobacco Co. Ltd., who claim to be pro prietors thereof.

The Trade Marks are intended to be used by the Applicants in respect of manufactured tobacco in Class 45.

These two marks are associated with each other and with Trade Mark 105p of 1900.

of 1906.

Player's Clipper" Mark is also associated with Trade Mark No. 216

Representations of the Trade Marks are deposited for inspection in the

of the Trade M office of the Registrar of Trade Marks.

Dated the 5th day of April, 1935.

BRITISH-AMERICAN TOBACCO CO. LTD.,

E. O. DRAKE, Attorney,

P. & O. Building, Connaught Road Central.

(File No. 149 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of a Trade Mark.

OTICE is hereby given that Poon Chi On () of No. 577, Shanghai

NOTI

Street, Kowloon, Hong Kong, has, by an ap- plication dated the 1st day of April, 1935, ap- plied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

1189

(FILE No. 123 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Nugget Burlington Lane, Chiswick, London, W., Eng- land, Manufacturers, have, by an application dated the 29th day of January, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Mark :-

Polish Company (Sales) Limited, of

ET

(FILE No. 122 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that the National

Limited, of North Point, Hong Kong, Manu- facturers, have, by two applications all dated the 14th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

Lacquer and Paint Products Company,

(1)

司公限有油漆煉製民國

牌球地

GLOBE

BRAND

in the name of the said Poon Chi On, who claims to be the proprietor thereof.

The said Trade Mark has been used by the Applicant in respect of Chemical substances prepared for use in Medicine and Pharmacy

in Class 3.

Dated the 5th day of April, 1935.

N

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicant, St. George's Building, Chater Road,

Hong Kong.

(FILE NO. 24 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark

OTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered under the Laws of Japan having a branch office at No. 5, Ice House Street, Victoria, in the Colony of Hong Kong, on the 4th day of April, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following amended Trade Mark, viz :-

永不脱色

漢星金

in the name of the said Mitsui Bussan Kaisha

   Limited, who claim to be the proprietors thereof.

    The Trade Mark has been used by the Appli- cants in respect of Woollen Cloths in the piece in Class 34.

Dated the 5th day of April, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, (2nd Floor), Hong Kong.

in the name of The Nugget Polish Company (Sales Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants and their predecessors in business since the year 1899 in respect of Polishing and cleaning preparations and materials, Brushes, Mops and Cloths specially prepared for polish- tive Oils for leather goods in Class 50 ing purposes, Leather Dressings and Preserva-

This Trade Mark is associated with Trade Mark No. 25 of 1910.

Dated the 5th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Hong Kong.

(FILE No. 124 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that The Beldam Packing & Rubber Co., Limited, of 16, Gracechurch Street, London, E.C., England, Manufacturers, have, by two applications dated the 5th day of February, 1935. applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz :-

(1)

PILOT

(2) SERPENT

in the name of The Beldam Packing & Rubber Co., Limited, who claim to be the proprietors thereof.

The Trade Mark No. 1 has been used by the applicants since September, 1904, in respect of Engine and Machine packings; and Jointings in Class 50.

The Trade Mark No. 2 has been used by the Applicants since June, 1903, in respect of Engine and Machine packings; and Jointings in Class 50.

Dated the 5th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Chater Road,

Hong Kong.

THE NATIONAL LACQUER & PAINT PRODUCTS CO., LTD.

HONG KONG

(2)

司公限有油漆煉製民國 牌帚紅

BRUSH

#

BRAND

THE NATIONAL LACQUER & PAINT PRODUCTS CO., LTD. HONG KONG,

in the name of the said National Lacquer and Paint Products Company, Limited, who claim to be the proprietors thereof.

The above Marks have not hitherto been used by the applicants but it is their intention to use same forthwith in respect of Lacquers and Paints in Class 1.

These two marks are associated with each other and that Registration of the "Globe" and "Brush" Mark shall give no right to the exclusive use of the representation of a brush, of the word Brush and of the Chinesee Characters for Red Brush ".

66

Dated the 5th day of April, 1935.

THE NATIONAL LACQUER AND PAINT PRODUCTS COMPANY, LIMITED, Applicants.

THE

TRADE MARKS ORDINANCE (No. 40 of 1909) Price $1.00 per copy

obtainable at Noronha and Company Government Printers

(FILE No. 63 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Yick Mow Firm(益茂號) of No. 282

Queen's Road West, (ground floor), Victoria, in the Colony of Hong Kong, have on the 14th day of February, 1935, applied for the regis- tration in Hong Kong in the Register of Trade Marks of the following Trade Mark :--

1190

-

(FILE No. 65 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Stanco Incor-

porated, Wilmington, Delaware, United States of America, Manufacturers and marke- ters of petroleum specialty products, have, on the 18th day of February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CRAX

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 16th July, 1934, in respect of the

:

in the name of the said Yick Mow Firm, who following goods :- claim to be proprietors thereof.

      The said Trade Mark has been used by the applicants in respect of Tea in Class 42 for over 10 years.

       Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 1st day of March, 1935.

WILKINSON & GRIST, Solicitors for the Applicants,

No. 2, Queen's Road Central, Hong Kong.

(Fıue No. 53 or 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Yeung To

Ling(楊道靈)of No. 14, Lun

    Fat Street, Victoria, in the Colony of Hong Kong, on the 2nd day of February, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark: --

丹痛止應萬

摽商雀孔

製靈道楊

in the name of Yeung To Ling (楊道 靈) who claims to be the proprietress there

of.

The Trade Mark has been used by the Ape

plicant in respect of Medicine in Class 3 since 1915.

Registration of this Trade Mark shall give no right to the exclusive use of all the Chinese Characters appearing on the mark with the exception of "孔雀" meaning " peacock".

Dated the 1st day of March, 1935.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicant,

·St. George's Building,

Chemical, medicinal, and pharmaceuti- cal preparations, lotion for the treat- ment of athlete's foot, in ( lass 3.

Dated the 1st day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

(FILE No. 52 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

́OTICE is hereby given that The Polylock

NOTIC

Drug Company (保爾樂大

藥行) of No. 35, Queen's Road Central,

1st floor, Victoria, in the Colony of Hong Kong, have, on the 31st day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :-

MERRY MOTHER

TRADE

PHAPPY CHILD

AN INFANTS TONIC

in the name of The Polylock Drug Company,

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 3 in respect of medicated articles.

Registration of this Mark shall give no

exclusive use of

right to the fermi"w" o fiftheethin Characters (保爾樂肥兒精) and that Registration of this mark is limited to the Colours exactly as shown on the mark attached

to the application for registration deposited with the Registrar of Trade Marks.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 1st day of March, 1935.

LEO D'ALMADA & CO., Solicitors for the Applicants,

No. 67 Des Voeux Road Central,

(FILE No. 7 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that A. A. Tari- walla & Co. of 43, Wyndham Street, Hong Kong, on the 11th February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

in the name of the said A. A. Tariwalla & Co., who claim to be proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8 in respect of Flash- light Lamps and Batteries.

Representations of the Trade Mark are de- posited for inspection in the office of the Regis- trar of Trade Marks.

Dated the 1st day of March, 1935.

A. A. TARIWALLA & CO.,

43, Wyndham Street, (First Floor),

Hong Kong.

Applicants.

白告意生頂承

一千九百卅五年三月

廿

無理資泰大號和股三遵 千 涉清記道三泰東照 九 特-理字西樓記志辦一 百 此經之號一梁生圖理干 卅佈交責在百文意別事九 聞易如原四耀權業啓百 之有日十承利於者二 後債地三頂招一本 與項址號定牌千港三 承及營時期像九大年 九 頂華業和一私百道第 號 人洋出泰千全三西二 承出 無轇頂記九盤十一十 頂頂 涉轕人內百頂五百五 人人 日未日交三與年四條 梁時 後清前易十住三十防 和生等之承五大月三範 泰意事債項年道十號僞 文記 盈請項人四西九時頂 虧速承擬月一號和生 與與頂用三百議泰意 股 出出人囘十四决記律 耀東 頂頂槪時號十全例

nb

:

(FILE NO. 10 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that Standard-

Vacuum Oil Co., of No. 100 West 10th Street, Wilmington, Delaware, United States of America and No. 26, Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong, have on the 11th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1) ESSO

(2)

(3)

ESSOLUBE

in the name of Standard-Vacuum Oil Co. who claim to be the sole proprietors thereof.

The above Trade Marks are to be registered in Class 47. Mark No. I is to be registered in respect of refined, semi-refined and unrefined oils made from petroleum both with and with- out admixture of animal, vegetable or mineral substances for illuminating burning, power, fuel and lubricating purposes and lubricating greases, motor fuels of all kinds, napthas and kerosenes of all kinds, paraffin wax of all kinds, paraffin candles and tapers, lubricants of all kinds, fuels of all kinds, liquid, gaseous or solid and mixtures, petrolatum oil. Marks Nos. 2 and 3 are to be registered in respect of refined, semi-refined, and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illuminating, burning, power, motor fuel and lubricating purposes and greases.

The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

17

Trade Marks Nos. 2 and 3, above illustrated, are to be associated with each other and with the marks "Essomarine

                    and "Essoline' applications for the registration of which marks have also been filed.

       Facsimiles of the said Trade Marks can be seen at the oflices of the Registrar of Trade Marks, and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

1191

(FILE No. 9 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company, of No. 100 West 10th Street, Wilmington, Delaware, United States of America, and No. 26 Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong, have on the 11th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

ESSOLENE

(2)

ESSOMARINE

in the name of Standard-Vacuum Oil Company, who claim to be the sole proprietors thereof.

The above Marks are to be registered in Class 47. Mark No. 1 is to be registered in respect of illuminating, heating and lubricating oils, spirits and greases and liquid motor fuel.

Mark No. 2 is to be registered in respect of lubricating oils and lubricating greases.

The above Trade Mark have not hitherto been used by the Applicants but it is their intention to use them forthwith in respect of the goods mentioned above.

The said Trade Marks are to be associated with one another and with the words "Esso

"

and " Essolube applications for registration

of which Marks have also been filed.

Facsimiles of the said Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE No. 497 or 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is London, England have

OTICE is hereby given that W. & A. Gilbey

on the 28th day of November, 1934, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Marks viz :-

(1)

GILBEY'S DRY GIN

LONDON

(2)

Spay-Royal

orch Whisky

BYEK TER YEARS OLD

in the name of the said W. & A. Gilbey Ltd. who claim to be the proprietors thereof.

The Trade Marks Nos. 1 and 2 are intended to be used by the Applicants in respect of Fer- mented liquors and spirits in class 43. They are associated with each other and wich Trade Mark No. 163 of 125.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day February, 1935.

RUSS & CO. Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hona I

(FILE NO. 22 of 1935) TRADE MARKS ORDINANCE 1909.

Application for Registration of Two Trade Marks.

NOTIOR is hereby given that Standard-

Vacuum Oil Company of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broad- way, New York City, New York, United States Hong Kong, have on the 17th day of January, of America, and Union Building, Victoria, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz :-

(1)

行孚美

MEI FOO

(2)

STANDESOL

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark (1) is associated with Trade Mark No. 175 of 1909 and has been hitherto used by the applicants in respect of Petroleum and Pro- ducts of Petroleum with or without admixture of other materials in Class 47.

Mark (2) is associated with Trade Marks Nos. 1044 of 1894 and 96 of 1934 and has been hitherto used by the applicants in respect of Petroleum and Products of Petroleum with or without admixture of other materials and in particular for automotive fuel in Class 47. Dated the 1st day of February, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

Asst. General Manager.

(FILE No. 15 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that The Tin Yick Ching Kee Firm, of No. 112, Jervois Street, Hong Kong, have on the 14th day of January, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

Le

无益

in the name of The Tin Yick Ching Kee Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth-

with by the applicants in respect of White Lead Powder in Class 1.

Registration of this mark shall give no right to the exclusive use of the Chinese characters (Tin Yick Ching Kee)

66

天盆貞記

"

as they are not represented in a special or

particular manner.

Dated the 1st day of February, 1935.

THE TIN YICK CHING KEE FIRM,

No. 112, Jervois Street,

Hong Kong

(FILE No. 518 OF 1934) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Chan

Wing Hing Firm, (B) of No.

24 Pine Street, Tai-kok-tsui, Kowloon, in the Colony of Hong Kong, General Merchants, on the 20th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

ZATLA‡à(r)£&%).

醫榮陳

張開咀角大渉香在場造型

in the name of Chan Wing Hing Firm, ( (陳

thereof.

) who claim to be the proprietors

1192

(FILE No. 1 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Chan

(FILE NO. 23 of 1935). TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Wing Hing Firm) NOTICE is hereby given that Philadelphia

of No. 28 Pine Street, Tai-kok-tsui, Kowloon, in the Colony of Hong Kong, General Merchants on the 2nd day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz:-

ᏁᎳᏁᎢ ;

春名頭點佛!

in the name of Chan Wing Hing Firm, (

The Trade Mark is intended to be used by) who claim to be the sole proprietor

the Applicants forthwith in Class 50 in respect of Incensed joss sticks.

      Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks, and also at the undersigned.

Dated the 1st day of February, 1934.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central, Hong Kong.

(FILE NO. 525 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Cooper-

atieve Condensfabriek

" Friesland " of Kanaalweg 228-30 Leeuwarden Holland have

on the 28th day of December, 1934, applied

thereof.

The Trade Mark is intended to be used by the Applicants forhtwith in Class 50 in respect of Incensed joss sticks.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 1st day of February, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 17 of 1935). TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

for the registration in Hong Kong, in the NOTICE is hereby given that Delco Ap-

gister of Trade Marks, of the following Trade Mark viz:-

BRAND

For

INFANTS INVALIDS

and

GROWN UPS

MILK POWDER

粉奶牛等5牌秋千

in the name of the said Cooperatieve Condens-

6.

fabriek Friesland" who claim to be the

proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Milk and milk powder in class 42.

      Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day of February, 1935.

RUSS AND CO.,

Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

pliance Corporation, a corporation organized and existing under the laws of the State of Delaware, doing business in the City of Rochester, State of New York, United States of America, have on the 15th day of January, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

--

DELCO-LIGHT

in the name of Delco Appliance Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants since the year 1916, in respect of the following goods:-

Internal combustion engines, generators, dynamo-electric machines, dynamo brushes, magnetos and electric water pumps, electric light and power plants and air compressors, in Class 6.

Dated the 1st day of February, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

Storage Battery Company, a corpora- tion organized and existing under the laws of the State of Pennsylvania, one of the United States of America, and located at Ontario & C Streets, City of Philadelphia, State of Pennsy- lvania, United States of America, have on the 18th day of January, 1935, applied for registra- tion, in Hong Kong in the Register of Trade Marks, of the following Trade Mark:-

PHILCO

in the name of Philadelphia Storage Battery Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants since September, 1922, in respect of the following goods :-

Telephonic, telegraphic and television

apparatus of all kinds, their parts and accessories, dry cell or storage batteries, their parts and supplies, radio receiving sets, radio speakers and radio parts and supplies, radio phonographs and parts, electric switches and electric time switches, in Class 8.

Dated the 1st day of February, 1935.

N

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 14 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that N. Mohame- dally of No. 27, Wyndham Street, Vic- toria, in the Colony of Hong Kong, have on the 1st day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of N. Mohamedally, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 3, in respect of Chemical substances prepared for use in Medicine and pharmacy since 1929.

Dated the 1st day of February, 1935.

A. EL ARCULLI, Solicitor for the Applicants,

No. 10, Ice House Street,

Hong Kong.

1193

-

(FILE No. 11 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that Standard-Vacuum Oil Company, of No. 100 West 10th Street, Wilmington, Delaware, United States of America and No. 26, Broadway, New York City, New York, United States of America and Union Building, Victoria, Hong Kong have on the 11th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

STANAVO

SUMANIO

AVIATION! ENGINE OIL

NO

STANAYO

(3)

Vertical shading indicates red; hori-

zontal shading indicates blue;

black lines represent blue.

STANAVO

in the name of Standard-Vacuum Oil Company who claim to be the sole proprietors thereof.

The above Trade Marks are to be registered in Class 47 in respect of refined, semi-refined and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illumina- ting, burning, power, motor fuel, and lubricating purposes and greases, especially aviation fuels and lubricants.

The above Trade Marks have not hitherto been used by the Applicants. but it is their intention to use them forthwith in respect of the goods mentioned above.

The above Trade Marks are to be associated with each other.

Facsimiles of the said Trade Marks can be seen at the Offices of the

Registrar of Trade Marks and of the undersigned.

Dated the 1st day of February, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1196

LEGISLATIVE COUNCIL.

No. S. 110. The following Bill was read a first time at a meeting of the Council held on the 11th April, 1935:-

A BILL

[No. 4:-16.3.35.-6.]

Short title.

New head- ing and sections

118A to 1181

added to

Ordinance

No. 41 of

1932.

INTITULED

An Ordinance to amend the Magistrates Ordinance, 1932.

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

1. This Ordinance may be cited as the Magistrates Amendment Ordinance, 1935.

2. The following heading and sections are inserted after section 118 of the Magistrates Ordinance, 1932:-

Right of

appeal from

conviction of magistrate.

4 & 5 Geo. 5,

c. 58, s. 37 (1).

Right of appeal

against

sentence of magistrate.

15 & 16

Geo. 5, c. 86, s. 25.

Court for hearing appeals.

23 & 24

Geo. 5, c. 38,

.s. 7.

Special provisions regarding appeals under s. 118A or 118B.

Ordinance

No. 9 of 1899.

Alternative Procedure.

118A. Any person aggrieved by any conviction of a magistrate in respect of any offence, who did not plead guilty or admit the truth of the information or complaint, may appeal from the conviction in manner hereinafter provided to a judge of the Supreme Court.

118B. Any person who after pleading guilty or admitting the truth of the information or complaint is convicted of any offence by a magistrate may appeal to a judge in like manner against his sentence

118C. The powers and duties of a judge with respect to appeals to which sections 118A and 118B apply shall be exercised and performed by such one of the judges as the Chief Justice shall arrange.

118D. In the case of any appeal to which section 118A or 118B applies--

(1) either party to the appeal may be heard in person, or by any barrister, advocate or solicitor having the right of audience before any court in this Colony, except in the case of an appeal or any point in an appeal reserved for hearing or directed to be argued bere the Full Court under paragraph (4), for which hearing or argument the practice of the Full Court shall apply without modification;

(2) the judge, if he thinks additional evidence to be necessary, may receive such evidence, and for that purpose shall have the like powers under paragraphs (a), (b) and (c) of subsection (8) of section 78A of the Criminal Procedure Ordinance, 1893, that the Full Court would have had if the appeal had been an appeal to which that section applied, and the judge may issue any process necessary for enforcing the exercise of such powers;

1197

(3) except in the case of whipping, which shall be stayed pending appeal, the appeal shall not operate as a stay of execution, but the magistrate or the

the judge may stay execution or sentence pending the appeal on such terms as to security for the payment of any money or the suffering of any punishment ordered by or in such conviction or sentence as to the magistrate or judge shall seem necessary: Provided that if the appellant is in prison, no such security shall be required, and on such stay as aforesaid the appellant shall be treated, pending the determination of his appeal, in such manner as may be directed by the rules made under the Prisons Ordinance, 1932, for the case of persons Ordinance awaiting trial;

No. 38 of 1932.

(4) the judge may reserve the appeal, or any point in 36 & 37 Vict. the appeal, for the consideration of the Full Court, or may c. 66, s. 46. direct the appeal, or point in the appeal, to be argued before the Full Court; and the Full Court shall have power to hear and determine any such appeal or point so reserved or so directed to be argued.

118E. Where a person is authorised by section 118A or Procedure 118B to appeal to a judge against a conviction or sentence. of a magistrate, the following provisions shall apply:

on appeal to a judge. 23 & 24 Geo. 5, c. 38,

(i) the appellant shall, within fourteen days after the s. 1. day of his conviction by the magistrate, give to such magistrate's clerk notice in writing of his appeal, stating the First general grounds of his appeal, and signed by him or his Schedule agent on his behalf, and thereupon the magistrate's clerk Nos. 91 shall give a copy of such notice to the other party;

(ii) the appellant shall, after giving notice of appeal to the magistrate's clerk and within twenty-one days after the day of his conviction, enter into a recognizance with without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence, or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrate's clerk, or otherwise, as the magistrate may deem sufficient;

(i) for the purposes of this section, the date of a magistrate's decision upon any review under section 99, or of his refusal to grant an application for such review, as the case may be, shall be deemed to be the date of the conviction of the appellant;

(iv) where the appellant is in custody, any magistrate may, if he thinks fit, release him from custody on his complying with the provisions of paragraph (ii) if he has not already done so, and on either entering into a recognizance, with or without sureties, and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magistrate's consent other security for his appearance;

(v) recognizances for the purposes of paragraphs (ii) and (iv) may, if it be convenient, be combined in one recognizance;

(vi) the judge may from time to time adjourn the hearing of any appeal;

Forms

and 92.

Provisions as to entry of appeal.

23 & 24 Geo. 5, c. 38, s. 3.

Abandon- ment of appeal.

23 & 24 Geo. 5,

c. 38, s. 4.

1198

(vii) the judge may by his order confirm, reverse or vary the magistrate's decision, or may remit the matter with his opinion thereon to a magistrate, or may make such other order in the matter as he thinks just, and by such order exercise any power which the magistrate might have exercised; and any decision or order made by the judge shall have the like effect and may be enforced in the like manner as if it had been made by the magistrate. The judge may also make such order as to costs to be paid by either party as he thinks just;

(viii) the powers of the judge under paragraph (vii) shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrate, which the magistrate might have awarded;

(ix) the Registrar shall send to the magistrate's clerk, for entry in his record, a memorandum of the judge's decision, and shall endorse a like memorandum on the conviction, and whenever any copy or certificate of the conviction is made, a copy of the memorandum shall be added thereto and shall be sufficient evidence of the judge's decision in every case where the copy or certificate would be sufficient evidence of the conviction.

118F. (1) So soon as an appellant has complied with the provisions of paragraph (ii) of section 118E, with respect to entering into a recognizance or giving other security, the magistrate's clerk shall transmit to the Registrar the notice of appeal, the depositions and such copies thereof as the Registrar may require, and the recognizance, if any, and a statement as to any other security given by the appellant, and thereupon the Registrar shall enter the appeal, and shall in due course give notice, together with a copy of the depositions, to the appellant, to the other party to the appeal, and to the Crown Solicitor, as to the date, time and place fixed for the hearing of the appeal.

A notice required by this sub-section to be given to any person may be sent by post in a registered letter addressed to him at his last or usual place of abode or business.

(2) Where an appellant has for the purposes of paragraph (iv) of section 118E entered into a separate recognizance or given other security for his appearance, the clerk to the magistrate against whose decision the appeal is brought shall, before the date fixed for the hearing of the appeal, transmit to the Registrar the recognizance, if any. and a statement as to any other such security given by the appellant.

(3) Where any recognizance for the purposes of such an appeal as aforesaid is entered into otherwise than before the magistrate against whose decision the appeal is brought, or his clerk, the officer concerned in the taking of the recognizance shall forthwith transmit it to such magistrate's clerk.

118G.-(1) Ire case of an appeal under section 118A or 118B the appellant may at any time, not less than two clear days before the date fixed for the hearing, abandon the appeal by giving notice in writing to the clerk of the magistrate against whose decision the appeal is brought, and, if he gives such notice, the clerk shall forthwith give notice

1199

of the abandonment to the other party to the appeal and to the Registrar.

A notice authorised or required by this sub-section to be given to any person may be sent by post in a registered. letter addressed to him at his last or usual place of abode or business.

(2) Where an appeal has been so abandoned-

(a) any magistrate may issue process for enforcing the decision against which the appeal was brought, subject to anything already suffered or done thereunder by the appellant; and

(b) any magistrate may, on the application of the other party to the appeal, order the appellant to pay to him such costs as the Registrar shall determine to be just and reason- able in respect of expenses properly incurred by him in connection with the appeal before notice of the abandonment was given to him; and

(c) any recognizance entered into in connection with the appeal shall be dealt with by a magistrate instead of by the judge, and accordingly the Registrar shall re-transmit any such recognizance to the magistrate's clerk, and the provisions of sub-sections (1) and (3) of section 59 (except the words from "or giving security" to the end of the said sub-section (1)) shall apply in relation to any such re- cognizance as they apply to such recognizances as are mentioned therein, but any condition for the appearance of the appellant at the hearing of the appeal shall be deemed to be performed if he duly surrenders himself.

(3) The payment of any costs ordered to be paid under sub-section (2) may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and such payment shall not be enforced in any other manner.

118H.-(1) On any appeal to which section 118A or 118B Provisions applies, the judge may make such orders as to costs, as he may think fit, and may--

(i) where he allows the appeal, direct that there shall be included in any costs to be paid by the respondent to the appellant the costs properly incurred by the appellant in the proceedings before the magistrate, or such fixed sum as the judge may consider reasonable in respect of the costs so incurred by him;

(ii) in any case, in lieu of directing a taxation of costs, fix the sum to be paid by way of costs by either party to the appeal and in fixing, for the purposes of this sub-section, the amount of any costs to be paid to a party to an appeal shall have regard to his means.

(2) The payment of costs ordered by the judge to be paid on any such appeal as aforesaid may be enforced as a civil debt recoverable on a magistrate's summons by the party to whom they are ordered to be paid, and shall not be enforced in any other manner.

as to costs.

23 & 24 Geo. 5, c. 38, s. 5.

Provisions

as to forfeited

recogniz-

ances.

23 & 24 Geo. 5,

c. 38, s. 6.

Ordinance No. 9 of 1899.

1200

1181.-(1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.

(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.

(b) The list or lists so made shall be examined, and, if necessary, corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum due by the recognizance shall,

shall, save

hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 99 to 102 of the Criminal Frocedure Ordinance, 1899.

(3) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance, or he may before so signing the list, make an order reducing the amount due under the recognizance to such amount as he thinks fit, and thereupon the reduced amount shall, for the purposes of the said sub-section (2), be deemed to be the amount of the sum forfeited in respect of the recognizance.

(4) The judge, unless he makes an order wholly dis- charging the recognizance-

(a) shall, at the time when he signs it as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and

(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as may be so specified.

(5) Any order under paragraph (b) of sub-section (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.

(6) The Registrar shall enter upon the record any order made by the judge under this section.

(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.

L

1201

3. The First Schedule to the Magistrates Ordinance, New Forms 1932, is amended by the addition of the following forms at the end thereof :-

Nos. 91 and 92 for Ordinance No. 41 of

1932.

First Schedule.

FORM NO. 91.

[s. 118E (i)].

Notice of appeal to a judge against conviction.

IN THE POLICE COURT AT

HONG KONG.

To M.N., the magistrate's clerk at the said Police Court.

I, A.B., of

      do hereby give you notice that it is my intention to appeal to a judge of the Supreme Court of Hong Kong against a certain conviction of me by J.P., Esquire, a magistrate sitting at the said Police Court for having on

at

(state offence, etc.) And that the general grounds of such appeal are (state here each ground of appeal, such as that the conviction was against the weight of evidence upon the hearing of the proceedings in that behalf, or that certain evidence was improperly admitted or rejected (as the case may be) upon the hearing of the proceedings in that behalf, or that there was no evidence, or no sufficient evidence whereon to found the said conviction, (or as the case may be)), and that I am not guilty of the said offence.

Dated this

day of

19

7

(Signed)

A.B.

FORM NO. 92.

[s. 118E (i)].

Notice of appeal to a judge. against sentence.

IN THE POLICE COURT AT

HONG KONG.

To M.N., the magistrate's clerk at the said Police Court.

I, A.B., of

do hereby give you notice that it is my intention to appeal to a judge of the Supreme Court of Hong Kong against my sentence on a certain conviction of me by J.P., Esquire, a magistrate sitting at the said Police Court for having on

at

 (state offence, etc.). And that the general grounds of my appeal are that my sentence was too severe.

Dated this

day of

19

1

(Signed) A.B.

1202

Objects and Reasons.

The object of this Ordinance is to provide a cheap, simple and direct method of appeal from a magistrate's conviction or sentence to a judge of the Supreme Court.

Section 2 of this Ordinance provides an alternative appeal procedure in such cases by adding new sections 118A to 1181 to the principal Ordinance, without disturbing in any way the general right of appeal to the Full Court under sections 100 to 117 of that Ordinance.

Section 3 of this Ordinance adds new forms 91 (notice. of appeal against conviction) and 92 (notice of appeal against sentence) to the Third Schedule to the principal Ordinance.

The sources and nature of the amendments are fully set out in the attached Table of Correspondence.

March, 1935.

C. G. ALABASTER,

Attorney General.

!

1203

TABLE OF CORRESPONDENCE

BETWEEN

THE MAGISTRATES AMENDMENT ORDINANCE, 1935,

AND

s. 37 (1) of the Criminal Justice Administration Act, 1914 (4 & 5 Geo.

5, c. 58),

s. 25 of the Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86),

s. 46 of the Supreme Court of Judicature Act, 1873 (36 & 37 Vict.

c. 66),

and the Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5,

c. 38).

New section.

Section

of model.

Remarks.

118A

4 & 5 Geo. 5, c. 58, s. 37 (1).

118B

C.

15 & 16 Geo. 5, 86, s. 25.

118C

118D (1)

118D (2)

(3)

23 & 24 Geo. 5, c. 38, s. 7.

"magistrate" for "court of summary jurisdiction" in this section and wherever the expression occurs;

"or complaint" added.

added after "in- formation": cf. S. 19 of the Summary Jurisdiction Act, 1879 (42 & 43 V. c. 49);

"hereinafter provided" for "provided

by the

the Summary Jurisdiction

Acts";

"judge of the Supreme Court" for 'court of quarter sessions" in this section, and elsewhere "judge' wherever the expression occurs. (cf. note to 8. 118C infra).

"in-

'or complaint" added after

formation" (v. note to s. 118A supra).

may appeal.........in like manner"

for shall have a right of appeal in manner provided by the Sum- mary Jurisdiction Acts."

The powers and duties of the com- mittee of justices in England. (the appeal committee) are by this section delegated to such one of the judges as the Chief Justice shall arrange.

This sub-section allows the appellant to be heard in person or to be legally represented according to his means.

Gives the judge, on appeal, powers of receiving evidence similar to those in s. 78A (a) (b) and (c) of Ordinance No. 9 of 1899.

Derived from s. 298 of the Criminal Procedure Code (Ordinance No. 121) of the Straits Settle- ments, with the additional proviso that on a stay of execu- tion the appellant, if in prison, shall be treated as a person awaiting trial.

1204

Table of Correspondence,-Continued.

New

Section

section.

of model.

118E

Remarks.

(4) 56 & 37 Vict.

c. 66, s. 46.

23 & 24 Geo. 5, c. 38, s. 1. · substituting new s. 31 in 42 & 43 Vict. c. 49.

(i)

42 & 43 Vict.

c. 49, s. 31 (ii).

"Subject to the provisions of this section" and s.s. (2) in the Act, omitted, as also "order, deter- mination or other decision". The alternative procedure pro- vided by this Ordinance is de- signed to apply to appeals on conviction only, leaving appeals on other matters to be dealt with under S. 100 or 105 of the principal Ordinance.

"day of his conviction by the magis- trate" for "day on which the decision.......was given", as the procedure applies only to con- victed persons;

"magistrate's clerk" for "clerk to that court", and wherever the expression occurs;

"and to the other party" omitted, it being provided instead in this paragraph that the magistrate's clerk shall give a copy of the notice to the other party, thus simplifying the procedure for the appellant. A simple form of notice of appeal is provided (Forms Nos. 91 and 92).

"day of his conviction". -see note to

para (i) (supra).

(ii)

(iii)

(iii)

(iv)

(iv)

(v)

(v)

(vi)

(vi)

(vii)

(vii)

(viii)

(viii)

(ix)

(ix)

"any decision or order made by the judge" for "any order made by quarter sessions". The word "decision" is inserted here for conformity with para. (ix) where

decision" only is used.

"On an appeal against conviction or sentence' omitted as the section is limited to such appeals.

"Registrar" for "clerk of the peace". and wherever the expression occurs. "The Registrar" is de- fined in s. 2 (m) of the principal Ordinance.

"record" for "register".

1205

Table of Correspondence,-Continued.

New

section.

Section of model.

Remarks.

118F

(x)

References to conviction, sentence and order, omitted (v. note to s. 118E (viii) (supra)).

Para. (x) in the Act omitted. Under s. 118E (i) only one notice is required to be given, by the appellant.

23 & 24 Geo. 5, The opening words "In the case of c. 38, 8. 3.

an appeal.......clerk of the peace but" omitted. (v. note at begin- ning of the preceding section);

118G

23 & 24 Geo. 5, c. 38, s. 4.

118H

1181

23 & 24 Geo. 5,

c. 38, s. 5.

23 & 24 Geo. 5, c. 38, s. 6.

"the magistrate's clerk shall" for "it shall be the duty of" etc;

"the depositions and such copies. thereof as the Registrar may require" inserted;

'or (place of) business" added at the

end of s.s. (1);

"clerk to the justices

the justices or other" omitted before "officer" in s.s. (3). The officers before whom a recognizance may be entered into are set out in s. 57 of the principal Ordinance.

"or business" added at the end of s.s. (1) (v. note to S. 118F (supra)).

in s.s. 2 (b): Costs are to be deter- mined by the Registrar, convenient in local practice;

as

in s.s. 2 (c): s. 59 (1) and (3) of the principal Ordinance correspond to 42 & 43 V. c. 59, s. 9 (1) and (4);

the wording of s.s. (3) is amended to make it clear that the procedure in ss. 60 et seq. of the principal Ordinance, and not the summary procedure in the Supreme Court, is to be used for the recovery of costs (cf. s. 58 (3) of the principal Ordinance).

s.s. (2) (v. note to S. 118G (3)

(supra)).

No procedure having so far been laid. down for the enforcement of recognizances in connection with magistrates' appeals, this section has been made to apply generally to all such recognizances, and not limited to appeals under ss. 118A and 118B;

1206

Table of Correspondence,-Continued.

New

section.

Section of model.

(1)

s. 6 (1).

(2)

Remarks.

in s.s. (1), "any appeal to which this Ordinance applies" for "an appeal to which this Act applies";

8.S.

(2) substitutes a procedure similar to that in s. 99 of Ordin- ance No. 9 of 1899 as amended by Ordinance No. 17 of 1931, for the procedure referred to in s.s. (2) in the Act;

s.s. (3) follows s.s. (2) of the Act, except as noted in s. 1181 (2) (supra);

(3)

23 & 24 Geo. 5,

c. 38, s. 6 (2).

(4)

(5)

s. 6 (3)

(4).

(6)

(5).

(7)

(6).

"proceed with the enforcement of

payment of the sum due" for

66

exercise his power of recovering the sum due" (cf. the heading

"Enforcing recognizance"

to

S. 99 of Ordinance No. 9 of 1899);

"enter upon the record" for "enter upon the roll", to conform with local practice;

"enforcing recognizances" for "re-

covering

forfeited recogniz-

ances" (v. note to s. 1181 (5) (supra)).

;

}

: 7...

1207

No. S. 111.-The following Bill, as amended in Committee by the Legislative Council, is published for information under Standing Order 28 (1) :---

(C.S.O. 6070/34).

[No. 1:-11.4.35.-4.]

A BILL

INTITULED

An Ordinance to amend the Stamp Ordinance, 1921.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Stamp Amendment Short title. Ordinance, 1935.

of Ordinance

2. Section 3 of the Stamp Ordinance, 1921, is amended Amendment by the insertion of the words "or debenture (being a No. 8 of marketable security)" after the words "any share" in the 1921, s. 3 third line of paragraph (28).

(28).

3. The Stamp Ordinance, 1921, is amended by the New section insertion of the following section immediately after section

thereof :---

16 16A for

Ordinance No. 8 oi 1921.

non-com-

certain bills

16A. Notwithstanding any enactment to the contrary, a Effect of bill of exchange which is presented for acceptance, or

pliance with accepted, or payable, outside the Colony shall not be invalid stamp laws by reason only that it is not stamped in accordance with the in case of provisions of this Ordinance, and any such bill of exchange which is unstamped or not properly stamped may be received in evidence on payment of the proper duty and penalties as s. 42. provided by sections 6 and 16 of this Ordinance.

4. Section 21 of the Stamp Ordinance, 1921, is amended by the insertion of the following sub-section immediately after sub-section (2) thereof :-

of exchange.

23 & 24 Geɔ. 5, c. 19,

New sub- section (24)

for Ordin- ance No. 8 of 1921,

(2A) A person who is required under the provisions of s. 21. this section to take out a certificate, and who fails to take out the same, shall be liable civilly to the Collector for the payment of the duty, which, but for such failure, would have been payable.

New section

5. The Stamp Ordinance, 1921, is amended by the insertion of the following section immediately after section 25A for 25 thereof

Ordinance No. 8 of 1921.

of shares

25A. (1) Every instrument under hand only (not being Certain a promissory note or bill of exchange) given upon the occasion mortgages of the deposit of any share warrant or certificate to bearer, to be or foreign or colonial share certificate, or any security for chargeable money transferable by delivery, by way of security for any ments. loan, shall be deemed to be an agreement, and shall be charged 54 & 55 with duty accordingly.

as agree-

Vict. c. 39,

$. 23.

New

heading No. 14B for Ordin-

ance No. 8 of 1921, Schedule.

1203

(2) Every instrument under hand only (not being a promissory note or bill of exchange) making redeemable or qualifying a duly stamped transfer, intended as a security, of any registered share or marketable security shall be deemed to be an agreement, and shall be charged with duty according- ly.

(3) A release or discharge of any such instrument shall not be chargeable with any ad valorem duty.

6. The Schedule to the Stamp Ordinance, 1921, is amended by the insertion of the following heading immediately after heading No. 144:-

14B.

Cashier Order, 10 Adhesive. Before

if passed

cents.

through a bank

other than the

The

lodgment. person

lodging.

bank of issue.

Amendment

of Ordinance No. 8 of

1921,

Schedule,

Heading No. 15.

Amendment

No. 8 of

7. Heading No. 15 in the Schedule to the Stamp Ordin- ance, 1921, is amended in the Second column by the substitu- tion of "Debenture: See Shares and see Mortgage" for "Debenture: See Marketable security".

8. Heading No. 29 (4) in the Schedule to the Stamp of Ordinance Ordinance, 1921, is amended in the second column by the substitution of ". (except a share as defined in paragraph (28) of section 3, or other marketable security)" for "(except a marketable security)".

1921, Schedule, Heading

No. 29 (4).

Amendment

J

9. Heading No. 33 (2) in the Schedule to the Stamp of Ordinance Ordinance, 1921, is amended:-

No. 8 of 1921, Schedule, Heading

No. 33 (2).

(a) in the second column by the addition of the words "for amounts exceeding $20" after the words "renewal receipts' in paragraph (2); and

(b) in the third column by the substitution of "10 cents" for "5 cents".

Objects and Reasons.

1. Section 2 of this Ordinance amends paragraph (28) of section 3 of the principal Ordinance by the insertion of certain words to make it clear that debentures of the marketable security class are included in the expression "share" when used in the Ordinance.

2. Section 3 of this Ordinance inserts a new section 16A in the principal Ordinance. The object of this amendment is to incorporate in the Colony the amendment made by section 42 of the Finance Act, 1933 (23 & 24 Geo. 5, c. 19) in the English law, on which the local provisions relating to bills of exchange are based. The effect of the amendment is that a bill presented for acceptance, or accepted, or payable outside the Colony is not invalid by reason only that it does

f

1209

not comply with the stamp laws: if unstamped, or not properly stamped, it may be received in evidence on payment of the proper duties and penalty under sections 6 and 16 of the principal Ordinance.

3. Section 4 of this Ordinance adds a sub-section to section 21 of the principal Ordinance imposing civil liability for the duty on persons required to take out certificates to practise. It is similar to the civil liability imposed on other persons by section 5 (5) of the principal Ordinance.

4. Section 5 inserts a new section 25A in the principal Ordinance in order to incorporate the provisions of section 23 of the Stamp Act, 1891. The new section follows that section except that in sub-section (1) the word "stock" is omitted and in sub-section (2) the word "share" is substituted for "stock". These variations from the model are due to the fact that section 3 (28) of the principal Ordinance gives to "share" the definition which section 122 of the Stamp Act, 1891, gives to "stock". The effect of the amendment will be that instruments under hand (not being promissory notes or bills of exchange) given upon the deposit of shares transferable by delivery, by way of security for a loan will be charged with the stamp duty of $1 as Agreements under heading No. 3 in the Schedule to the principal Ordinance.

5. Section 6 adds a new heading No. 14B to the Schedule to the principal Ordinance imposing on Cashier orders, if passed through a bank other than the bank of issue, a stamp duty of 10 cents similar to the duty payable under heading 14A (as amended by section 5 of Ordinance No. 30 of 1930) on Compradore orders, if passed through a bank.

6. Sections 7 and 8 amend Headings Nos. 15 and 29 (4) in the Schedule to the principal Ordinance by substituting references to shares and mortgages for references to market- able securities. The effect of these amendments will be that transfers of debentures which are marketable securities will in future be charged 20 cents for every $100 under Heading No. 40 (1) instead of as hitherto 10 cents for every $100 under Heading No. 29 (4) in the Schedule to the principal Ordinance.

7. Section 9 amends Heading No. 33 (2) in the Schedule to the principal Ordinance by raising from 5 cents to 10 cents the duty on renewal receipts of Life policies and by granting exemption from the duty where the amounts for which receipts are given do not exceed $20. These amendments bring Heading No. 33 (2) into line with Heading No. 36 (a) as amended by section 9 of Ordinance No. 30 of 1930.

April, 1935.

C. G. ALABASTER,

Attorney General.

1210

Draft Bills.

No. S 112. The following Bills are published for general information :-

(C.S.O. 1/3654/1935).

A BILL

[No. 9:-23.3.35.-1.]

Short title.

Substitution for Ordin- ance No. 6 of 1887, s. 4 (12).

INTITULED

An Ordinance to amend the Jury Ordinance, 1887.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Jury Amendment Ordinance, 1935.

2. Paragraph (12) of section 4 of the Jury Ordinance, 1887, is repealed and the following paragraph is substituted therefor :--

(12) All officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, all commissioned and warrant officers of the Hong Kong Naval Vounteer Force, and also such other members of the said Corps or of the said Force as shall have been exempted from jury service by the Governor in Council.

Objects and Reasons.

1. Paragraph (12) of section 4 of the principal Ordinance exempts from jury service all officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, and such other efficient members of the Hong Kong Volunteer Defence Corps as may be allowed by the Governor in Council.

2. The paragraph substituted by this amending Ordinance. exempts all officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps. all commissioned and warrant officers of the Hong Kong Naval Volunteer Force, and also such other members of the said Corps or of the said Force ast shall have been exempted from jury service by the Governor in Council.

3. This amendment of the Jury Ordinance implements the amendment of the Public Health and Buildings Ordinance, 1903 (which will be replaced by section 3 (4)-() of the Urban Council Ordinance, No. 7 of 1935) effected by section 19 (2) of the Naval Volunteer Ordinance, No. 30 of 1933.

March, 1935.

C. G. ALABASTER,

Attorney General.

م

- 1211

[No. 6:-11.4.35.-4.]

A BILL

INITITULED

An Ordinance to enable the Urban Council to make by-laws with respect to the regulation and control by registration, licensing or otherwise of certain hawkers.

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

1. This Ordinance may be cited as the Hawkers Ordin- Short title. ance, 1935.

Urban

2. The Urban Council may make by-laws with respect Power of to the regulation and control by registration, licensing or council to otherwise of persons hawking any kind of commodity other make than cigars, cigarettes and tobacco.

by-laws for hawkers other than hawkers of cigars, cigarettes and tobacco.

3. All by-laws made by the Urban Council under By-laws to section 2 shall be submitted to the Governor and shall be be sumitted subject to the approval of the Legislative Council.

to the Governor and subject to the approval of Legislative Council.

in Schedule.

4. The by-laws in the Schedule shall be deemed to have Enactment been made under this Ordinance and shall be in force except of by-laws as they may be rescinded, suspended, amended or added to by by-laws made by the Urban Council under section 2.

5.--(1) Every person who contravenes any of the Penalties. provisions of any by-law under this Ordinance shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, as well as to suffer any forfeiture that may be prescribed therein.

(2) Any licence issued under any by-law under this Ordinance shall be liable to cancellation by the Urban Council on the breach of any by-law to which the holder of such licence is subject or on breach of any condition of the licence.

arrest in

officer.

6. In the absence of an officer of police it shall be Power of lawful for any officer of the Sanitary Department, in whose absence of presence a contravention of any by-law under this Ordinance police has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by complaint and summons.

Amendment

of Ordinance No. 25 of 1933.

1212

7. The Miscellaneous Licences Ordinance, 1933, is amended as follows:-

(a) by the addition of the words "of tobacco, cigars or cigarettes" after the word "Hawker" in the First Schedule thereof;

(b) by the deletion of that part of the Table in Part I of the Second Schedule thereof which refers to Hawkers and by the substitution of the following:-

Hawker of

tobacco,

cigars or

Annual.

$8

Superintendent of

Imports and Exports.

Commence- ment.

cigarettes.

(c) by the substitution of the words "Inspector General of Police" for the word "Do" in the third column of the said Table relating to Massage establishments.

(d) by the deletion of the regulations contained in

Part III of the Second Schedule thereof as amended by the Governor in Council.

(e) by the deletion of Forms 2A, 2B, 2C, 2D, and 2E in the Appendix to the Second Schedule thereof.

8. This Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the date of commencement of this Ordinance.

SCHEDULE.

BY-LAWS.

Hawkers.

[s. 4.]

A. General and Licensing.

1. These by-laws shall not apply to any hawker in the New Territories, except New Kowloon.

2. In these by-laws,

(a) "Council" means the Urban Council.

(b) "Hawker" means any person who trades in any street or public thoroughfare or goes from place to place, or goes on board any vessel, selling or exposing for sale any goods, wares or merchandise immediately to be delivered, or exposing samples or patterns of any goods, wares or merchandise to be afterwards delivered, or selling or offering for sale his skill in handicraft, except a person selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein and who buy to sell again.

(c) "Place" includes any house, shop, room, office, boat, vehicle or vessel, or any erection movable or otherwise, or any spot on land or water.

(d) "Licence" means a valid licence of the appropriate class, as hereinafter provided, issued to a hawker by the Council under the hand of the Secretary of the Council in accordance with these by-laws.

3. No person shall carry on the trade of a hawker except under and in accordance with a licence.

}

1213

4. There shall be five classes of licence for hawkers, the annual fees for which shall be as set forth in the following table, namely:-

Licence

Hawker (stallholder)

do.

(itinerant)

do.

(steamships)

do.

(native craft)

do.

(newspaper)

Fee

$24

$ 4

$24

$ 4

$ 1

(c)

}

5. The forms of such licences shall be respectively those in Forms Appendix. Nos. 1, 2, 3, 4 and 5 in the Appendix to these by-laws.

6. The trade of every licensed hawker shall be strictly limited to the class of his licence.

7. Every licence shall expire on the 30th day of September follow- ing the date on which it is granted.

8. A person requiring a licence or any renewal thereof shall make application to the Secretary of the Council, and shall when making the same

(a) pay to the Secretary the prescribed licence fee, and

(b) furnish such copies of his photograph, not exceeding four, as the Council may require.

9.--(1) The Council may in its absolute discretion refuse to grant or renew any licence, or may revoke a licence granted

(a) to any person under 21 years of age;

(b) to any person who may be unsuitable to hold such licence; and

(c) to any person or in respect of any place, if such refusal or revocation is, in the opinion of the Council, expedient in the public interest.

(2) Upon any breach of any by-law relating to hawkers or of any condition of a licence the Council may in its absolute discretion revoke the licence.

10. If the Council refuses to grant or renew a licence, the licence fee shall be refunded, or, if the Council cancels a licence except on the ground of misconduct, a part of such fee shall be refunded to the applicant or licensee.

The part of the fee so refunded shall bear to the whole fee the same proportion as the unexpired part of the term for which the licence was granted bears to the whole term.

No refund shall be made in respect of any period during which a licence shall have been in force.

11.-(1) Every licence may on its expiration be renewed for further periods not exceeding one year at a time.

(2) Such renewal shall be endorsed by the Secretary of the Council on the original licence, and shall be subject to the same fee as the fee prescribed by these by-laws for such licence.

12. The Council may, on sufficient cause being shown to its satis- faction and subject to such conditions as it may think fit to impose, permit the transfer of a licence to any person or for any place other than that to whom or for which the licence was issued, and thereupon the Secretary of the Council shall endorse such transfer on the licence.

13. The Council may impose such special conditions in respect of any licence as the circumstances may require.

Forms 1-5.

Ordinance

No. 10 of 1899.

1214

14. If the Council is satisfied that a licence granted or transferred to any person has been lost or destroyed, or accidentally defaced, it may issue to such person a duplicate of the licence on payment of a fee of 25 cents in the case of a newspaper hawker, $1 in the case of an itinerant or native craft hawker, and $5 in the case of a steam- ships or stallholder hawker,

on a

15. No person shall alter, deface or make any erasure licence, and no person shall use, or have in his possession with a view to use, a licence on which an erasure has been made, or which has been altered or defaced in any way.

16. Every licence shall specify the kind or class of goods, wares. or merchandise for the sale of which the licence is granted, and no licensed hawker shall sell anything of a nature or class other than that specified in such licence.

17. When a licence has been granted to any person in respect of any place, such person shall not carry on the trade of a hawker at any other place without an appropriate licence for such place and the written approval of the Council under the hand of the Secretary of the Council.

18. When hawking, every licensed hawker shall carry a valid licence issued to him, and shall produce and show the same to any sanitary inspector or police officer, and, in the case of a hawker's (steamships) or hawker's (native craft) licence, to any revenue officer, on demand. Such officer may retain such licence for examination or endorsement by the Council, and such licence shall, unless revoked, be returned to the licensee within a reasonable time.

19. No licence shall authorise any person to go on board any ship without the written permission of the master or officer in charge of such ship.

20. No licensed hawker shall hawk in the enclosure to any naval, military or air force premises or in the Man of War Anchorage on the North side of the City of Victoria as defined in Table M of the Merchant Shipping Ordinance, 1899.

21. Every licensed hawker shall collect and remove all refuse caused by his trade, and shall keep the implements of his trade in a clean and wholesome condition.

B. Licensed (itinerant) hawkers.

The following regulations shall apply only to licensed (itinerant) hawkers:

1. The Council shall when issuing an itinerant hawker's licence supply to the licensee a numbered licence board, and the holder of such licence shall when hawking carry and exhibit such board in a conspicuous position so that the number shall be at all times clearly visible.

2. No licensed itinerant hawker shall use or utter any cry, or make or use any other noise for the purpose of attracting attention to his trade, within the following roads, streets and areas:

(1) in the City of Victoria:

(a) Bonham Road, Caine Road, Upper Albert Road and Kennedy Road, and the whole area to the south thereof;

(b) the area bounded on the north by Queen's Road, on the west by Cochrane Street and Old Bailey, on the south by Caine Road and Upper Albert Road, and on the east by Garden Road, including such boundaries; and

(c) Wanchai Road, Morrison Hill Road, Leighton Hill Road, Caroline Road, Causeway Bay Road and the whole area to the south and south-east thereof;

(2) any part of Broadwood Road, Ventris Road, Village Road, Stubbs Road and the area known as Wong Nei Chung Village, not included in paragraph (1) (c);

1215

(3) any part of the Island of Hong Kong above the 700-feet contour; and

(4) in Kowloon :

(a) the whole area south of a dividing line passing along the north side of Austin Road and produced at either end in an easterly and westerly direction respectively to the sea;

(b) to the north of such dividing line, the area bounded by and including on the west Nathan Road, on the north Prince Edward Road, and on the east Argyle Street from its junction with Prince Edward Road to Waterloo Road, thence bounded by and including Waterloo Road to the railway line, thence bounded by and including the railway line to the northern boundary of the area in paragraph (a);

(c) to the north of the area in paragraph (b), the area bounded by and including on the west the railway line, on the north Cornwali Street, and on the east Waterioo Road; and

(d) Jordan Road, where not included in the above areas.

3. No licensed itinerant hawker shall-

(1) trade within the Wongneichong Recreation Ground; or

(2) trade within the area bounded on the north by the Harbour, on the west by Wing Wo Street, on the south by Queen's Road, and on the cast by Murray Road, including such boundaries, or in Stanley Street, or in any portion of any street leading directly from Stanley Street to Queen's Road; or

(3) sell, expose or have in his possession for sale any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force relating to markets.

4. No tray, basket, box, tub, pan, pail, tin or other receptacle in which any itinerant hawker carries or displays his wares shall exceed three feet in length and three feet in width, and no such hawker shall have in his possession for the purposes of his trade more than two such receptacles and one smaller receptacle, of not more than twc feet cubic capacity, for refuse.

5. No licensed itinerant hawker shall sell, expose or have in his possession for sale any prepared food not usually sold by licensed. hawkers.

6. The holder of every itinerant hawker's licence shall observe the following conditions, and such special conditions as the Council. may in its discretion impose which shall be endorsed on the licence:-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 10 p.m.

C. Licensed (stallholders) hawkers.

The following regulations shall apply only to licensed (stallholders) hawkers:

1. The Council shall when issuing a (stallholder) hawker's licence supply to the licensee a card bearing the licensee's name, a licence number, and particulars of the site and measurements of his stall, and the holder of such licence shall exhibit and keep such card exhibited on his stall in a conspicuous position approved by the Council.

2. Only stalls of a pattern approved by the Council, similar to the models exhibited at the offices of the Council, shall be used.

3. No licence taken out by any person to carry on the trade of a (stallholder) hawker shall confer on such person any right in any site o pitch, and such person shall place his stall only in such position as the Council may approve.

1

2

1).

Ordinance No. 1 of 1873.

Ordinance

No. 10 of 1899.

1216

4. The Council may at any time direct the removal of any stall from any position to any other position, and the holder of a licence for such stall shall thereupon remove the stall and place it in accordance with such direction of the Council.

5. No licensed (stallholder) hawker shall place his stall or any part thereof or anything used in or pertaining to his trade within ten feet of any storm water grating, or in such manner as to obstruct any sidechannel.

6. No stall for the sale of cooked food shall exceed seven feet in length or four feet in width, and no other stall shall exceed six feet in length or three feet in width.

7. The licensee of every stall for the sale of cooked food, fruit or vegetables shall provide and maintain to the satisfaction of the Coun- cil a covered receptacle of galvanized iron for refuse.

8. No licensee of any stall for cooked food shall have any chimney at or near his stall, nor shall he use any wood, coal or other fuel except charcoal.

9. No licensed (stallholder) hawker shall sell or have in his posses- sion for sale or expose for sale-

(1) any food commonly used for human consumption not usually sold by licensed hawkers;

(2) any kerosene, gunpowder, firecracker or other description of dangerous goods as defined by the Dangerous Goods Ordinance, 1873; or

(3) any wares usually sold in a market within the limits of such market. prescribed under any Ordinance for the time being in force relating to markets, except, as regards this paragraph with the written permission of the Council.

10. No licensed (stallholder) hawker shall use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade.

11. Every licensed (stallholder) hawker shall employ at his stall only such assistants as the Council may approve. The names and photograph of every assistant so approved shall be endorsed on the licence.

12. The holder of every (stallholder) hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 11 p.m.

D. Licensed (native craft) hawkers.

The following regulations shall apply to every hawker licensed to trade on board native sailing craft:-

1. The holder of every hawker's (native craft) licence shall trade in the harbour or other area for which his licence is issued only on board native sailing craft or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and specified in the licence.

2. The Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat, but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

ļ

1217

3. No hawker licensed to 'trade on board native sailing craft shall

(1) trade on any steamship or motorship or board such ship for the purposes of his trade; or

(2) trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board native sailing craft shall deal in, sell, or have in his possession for sale, or expose for sale

(1) any kerosene, gunpowder, firecracker or other description of dangerous goods as defined by the Dangerous Goods Ordinance, 1873; Ordinance

No. 1 of

(2) any liquor, tobacco, cigarettes or other article on which a duty 1873. is imposed under any Ordinance for the time being relating to revenue;

or

(3) any marine stores as defined by the Marine Stores Protection Ordinance Ordinance, 1919.

5. No hawker licensed to trade on board native sailing craft shall knowingly let fall or throw anything whatsoever into the waters of the harbour.

6. The holder of every hawker's (native craft) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

E. Licensed (steamships) hawkers.

The following regulations shall apply to every hawker licensed to trade on board steamships :-

1. Every person holding a hawker's (steamships) licence shall trade in the harbour or other area for which his licence is issued only on board steam and motor vessels or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and specified in the licence.

2. The Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

3. No hawker licensed to trade on board steamships shall trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board steamships shall on board any ship-

(1) use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade; or

(2) lay out any goods, wares or merchandise in such manner as to obstruct the crew, or any of them, in the navigation or management of such ship, or impede the free movement of any person about such ship.

5. No hawker licensed to trade on board steamships shall deal in, sell or have in his possession for sale or expose for sale

No. 13 of 1919.

Ordinance No. 10 of 1899.

(1) any kerosene, gunpowder, firecracker or other description of dangerous goods as defined by the Dangerous Goods Ordinance, 1873; Ordinance

No. 1 of

1873.

Ordinance

No. 13 of 1919.

1218

(2) any liquor, tobacco, cigarettes or other article on which a duty is imposed under any Ordinance for the time being relating to

revenue; or

(3) any marine stores as defined by the Marine Stores Protection Ordinance, 1919.

6. No hawker licensed to trade on board steamships shall know- ingly let fall or throw anything whatsoever into the waters of the harbour.

7. Every person holding a hawker's (steamships) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence :-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

F. Licensed (newspaper) hawkers.

The following regulations shall apply only to newspaper hawkers:

1. The Council shall when issuing a newspaper hawker's licence supply to the licensee a metal badge of a pattern approved by the Council, and every licensed newspaper hawker shall when hawking wear and exhibit such badge in a conspicuous position so as to be at all times clearly visible.

2. No licensed newspaper hawker shall act in a manner importu- nate towards, or calculated to obstruct, disturb or annoy, any person.

3. Every person holding a newspaper hawker's licence shail observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 11 p.m.

Appendix.

[By-law A. 5]

FORM NO. 1.

Licence No..............

ITINERANT HAWKER'S LICENCE.

of

is hereby licensed to hawk

until the

day of

19......

inclusive, subject to the conditions and for the

further periods endorsed hereon.

Photograph.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

¿

1219

FORM No. 2.

Licence No......

STALLHOLDER HAWKER'S LICENCE.

of

is hereby licensed to hawk

on the site allotted to him at

until the

day of

Photograph.

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $24.

Dated this

day of

19......

Secretary of the Urban Council.

FORM No. 3.

Licence No.......

NATIVE CRAFT HAWKER'S LICENCE.

of

}

is hereby licensed to hawk

from licensed boat No.

and on native craft in

Photograph.

the harbour of Hong Kong (or as the case may be)

until the

day of

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

FORM No. 4.

Licence No......................

STEAMSHIPS HAWKER'S LICENCE.

of

is hereby licensed to hawk

from licensed boat No.

and on steam and

motor ships in the harbour of Hong Kong (or as the

Photograph.

case may be) until the

day of

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $24.

Dated this

day of

19......

Secretary of the Urban Council.

1220

FORM No. 5.

Licence No......

NEWSPAPER HAWKER'S LICENCE.

is hereby licensed to hawk

newspapers until the

of

day of

Photograph.

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $1.

Dated this

day of

19......

Secretary of the Urban Council.

Objects and Reasons.

1. The object of this Ordinance is to transfer to the Urban Council the licensing and general regulation of all hawkers hitherto licensed, under the Miscellaneous Licences Ordinance, No. 25 of 1933, by the Inspector General of Police.

2. Hawkers of cigars, cigarettes and tobacco will continue to be licensed by the Superintendent of Imports and Exports under that Ordinance.

April, 1935.

C. G. ALABASTER,

Attorney General.

?

1221

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 113. Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Hoihow.

Quarantine, Vaccination and/or Fumigation at the

discretion of the Health Officer.

12th April, 1935.

Authority.

Notification No. 79 of 25th January, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 114. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

12th April, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

1222

EDUCATION DEPARTMENT.

No. S. 115.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Spectacles", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 23rd day of April, 1935, for the supply of spectacles to school children on requisition of the Director of Education for the period from 1st June, 1935 to 31st August, 1936.

(a) The successful tenderer will be required to supply spectacles, at the con- tracted price, to all school children who present at his office a prescription countersigned by the Director of Education (or his authorised deputies) and either proffer the said price, or present an order signed by the Director of Education.

(b) Each tenderer should state the cost of various combinations of lenses fitted

in metal frames.

(c) Metal frames of good quality must be supplied and each tenderer will

deposit a specimen frame when submitting the tender.

(d) All spectacles must be delivered according to prescription in accurately

fitting frames.

(e) Each tenderer will state whether he would be willing to provide spectacles for hospital patients at the prices quoted for school children. In the case of hospital patients, all charges must be collected from the patient by the contracting firm.

(f) The Government does not bind itself to accept the lowest or any tender. (g) Any further information may be obtained from the Medical Officer for

Schools, c/o Education Department, Fire Brigade Building.

12th April, 1935.

G. R. SAYER,

Director of Education.

HARBOUR DEPARTMENT.

   No. S. 116.-It is hereby notified that sealed tenders in quintuplicate which must be clearly marked "Tender for the supply of a Steam Single Screw steel cruising vessel for Police Services", will be received at the Colonial Secretary's Office until Noon on Friday, 3rd May, 1935.

The vessel 135′ 3′′ B.P. × 23′ 6′′ Mld. × 12' 1" Mld. is to be built in accordance with guidance plans and specification prepared by the Government Marine Surveyor, and tenders are to be strictly in accordance therewith.

   The sum of $250 will be required to be deposited with the Hon : Colonial Treasurer, and on production of the receipt, a set of plans and specification can be obtained at the Offices of the Government Marine Surveyor. This deposit will be released upon the receipt of a bona fide tender and the return of plans and specification.

   Tenderers are to state the earliest date of delivery, under a penalty of Hong Kong $200 for each day or part thereof beyond the stipulated period.

11th April, 1935.

G. F. HOLE,

Harbour Master, &c.

1223

DISTRICT OFFICE, TAI PO.

  No. S. 117.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 24th day of April, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 5 as Building Lots. Serial No. 6 as a Threshing Floor Lot. Serial No. 7 as an Agricultural Lot and Serial No. 8 as an Orchard and Garden Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 5 are further subject to Special Condition No. 2 (a). Serial No. 6 is further subject to Special Condition No. 1 (a). Serial Nos. 7 and 8 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification. Serial No. 8 is further subject to Special Conditions hereunder specified.

  The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $750, $500, $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Boundary Measurements.

E.

W.

Contents in Acres, or Square feet.

Upset Price.

Annual Crown

Rent.

Registry No.

Locality.

No. D. D. Lot.

N.

feet. feet. feet. feet.

$

1

215

582

Sai Kung.

As per plan deposited in the District Office, North.

1050 sq. ft.

11

3.00

2

296

690

Tap Mun.

750

8

1.00

3

177

392

Lok Lo Ha.

460

10

4.00

"

4

26

977

Shun Wan.

260

3

.50

""

5

147

1166

Kat 0.

225

3

.50

""

"

6

5

687

Tai Po Tau Shui Wai.

841

17

.10

""

>>

7

51 4694

8

183 460

Fan Ling.

Tung Lo Wan.

""

'04 acr.

9

.10

1:00

218

3.00

""

SPECIAL CONDITIONS TO SERIAL No. 8.

  1. 50% of the whole area to be planted with fruit trees within 12 months from the date of sale and the remainder to be planted within 24 months from the date of sale to the satisfaction of the District Officer, North.

  2. A right of way from the Tao Fung Shan road is reserved in favour of the owner of Lot No. 456 in D. D. 183.

12th April, 1935.

T. MEGARRY, District Officer, North.

1224

DISTRICT OFFICE, TAI PO.

  No. S. 118. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of April, 1935.

  The Lot is let for the term of one year from the 1st day of July, 1934, as an Agricutural Lot.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

in

Upset Price.

Acres.

Crown Rent.

No. D.D. Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

se

$

1

183

461

Tung Lo Wan.

As per plan deposited in the District Office, North.

1.15 acres.

Nil.

7.00

12th April, 1935.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

  No. S. 119.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 29th day of April, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of

Registry No.

Locality.

Sale.

ㄠˊ

Contents in Sq. feet.

Annual Upset

Rent. Price.

N.

S.

E.

W.

feet. feet. feet. feet.

$

$

1

Kowloon Inland Lot No. 3254.

Junction of Argyle Street and Water- loo Road-Adjoin- ing Kowloon Inland Lot No. 2076.

As per sale plan.

About

23,220

266 23,220

12th April, 1935.

R. M. HENDerson,

Director of Public Works.

1225

NOTICE TO MARINERS.

No. 17/1935.

No. 120.

With reference to Notice to Mariners No. 13/1935, Queen's Pier is now open.

Harbour Department,

12th April, 1935.

No. S. 55.

No. 3/1935.

G. F. HOLE,

Harbour Master, &e.

Laying of Second Cross Harbour Pipe.

 Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c.

COLONIAL SECRETARY'S DEPARTMENT.

 No. 242.-Notice is hereby given that the Governor proposes to make an order under the Streets (Alteration) Ordinance, 1923, for the permanent closure of that portion of the old Beach Road which runs through R.B.L. No. 368 at Repulse Bay.

Any person objecting to the proposed order must send his objection in writing to the Colonial Secretary so as to reach the office of the Colonial Secretary not later than the 12th day of April, 1935.

Such objection must state the reasons therefor and specify the property with regard

of the objector.

which such objection is made and the interest therein

to the ownership or occupation of

W. T. SoUTHORN,

22nd March, 1935.

Colonial Secretary.

布政司

或住居權而反對並須敘明

井繕明因何產業之管業權 署函内須敘明反對之理由

二日以前繕函交到布政司

於一千九百卅五年四月十 斷如有反對此項命令者須

號之一截舊必治道永遠塞 野屋宇地段第三百六十八 發給命令將通過淺水灣郊

九百廿三年更改街道則例

布告事現督憲擬按照一千

係此佈

反對者對於該產業有何關

一九卅五年三月廿二日

千篇

1

1228

N

IN THE SUPREME COURT OF

HONG KONG,

IN BANKRUPTCY.

No. 21 of 1932.

Re Gregorio María Xavier, of No. 334, Hennessy Road, (top floor), Victoria, in the Colony of Ilong Kong, Clerk.

OTICE is hereby given that the Court has appointed 3rd day of May, 1935, at 10 o'clock in the forenoon, for hearing the application for discharge of the abovenamed debtor.

No. 22 of 1932.

Re Leung Shiu Tak, of No. 13, Hill Road, (second floor), Victoria, in the Colony of Hong Kong, Clerk.

NOTICE is hereby given that the Court

        has appointed 3rd day of May, 1935, at 10 o'clock in the forenoon, for hearing the application for discharge of the above-named debtor.

No. 23 of 1932.

Re Mak On Tai, of No. 403, Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, Clerk. NOTICE is hereby given that the Court has

appointed 3rd day of May, 1935, at 10 o'clock in the forenoon, for hearing the application for discharge of the above-named debtor.

Dated the 12th day of April, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 1 of 1935.

Notice of Public Examination.

Re Queen's Dispensary, of No. 22, Des Vœux Road Central,__Victoria, in the Colony of Hong Kong, and Ma

N

NOTICE

OTICE is hereby given pursuant to section 2 of the London Missionary Society In- corporation Ordinance, 1891, that Stanley Victor Boxer, B.Sc., has been appointed the Senior Missionary in Hong Kong of the London Missionary Society. Proof of the said appoint- ment has been submitted to His Excellency the Governor.

Dated the 8th day of April, 1935.

C. DIXON COUSINS, Secretary.

SOUTH CHINA DISTRICT COMMITTEE,

LONDON MISSIONARY SOCIETY.

In the Matter of the Companies Ordin-

ance, 1932

and

In the matter of the Fumigating and

Disinfecting Bureau Limited.

(In Liquidation).

NOTICE is hereby given in pursue of

the Companies Ordinance, 1932, that a general meeting of the members of the above- named Company will be held at 8A Des Voeux Road Central, Victoria, Hong Kong, on Tues- day, the 14th day of May, 1935, at 11 o'clock, a.m., for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determining by extraordinary resolution the manner in which the books, accounts and documents of the Company, and of the Liquidator thereof shall be disposed of.

Dated this 11th day of April,

1935.

I. W. SHEWAN, Liquidator.

In the Matter of the Companies Ordin-

ances 1932,

and

In the Mat'er of the Fumigating and

Disinfecting Bureau Limited.

(IN LIQUIDATION.)

Kat Tong, the managing partner NOTICE is hereby given in pursuance of

therein.

NOTICE is hereby given that the Public

          Examination of Ma Kat Tong, the managing partner of the above named debtor firm, will be held at the Supreme Court, Vic- toria, in the Colony of Hong Kong, on Friday, the 3rd day of May, 1935, at 10 a.m.

Dated the 12th day of April, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

In the Matter of the estate of Bernhard Ulland. Norwegian Ship's Officer deceased.

NOTICE is hereby given that the Court

        has, by virtue of Section 58 of The Probates Ordinance 1897 (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 1st day of May, 1935.

Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 10th day of April, 1935.

T. M. HAZLERIGG, Official Administrator.

the Companies Ordinance, 1932, that a general meeting of the creditors of the above- named Company will be held at SA Des Vœux Road Central, Victoria, Hong Kong, on Tues- day, the 14th day of May, 1935, at 10.45 o'clock a.m. or p.m., for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determin- ing by Extraordinary resolution the manner in which the books, accounts and documents of the Company, and of the Liquidator thereof, shall be disposed of.

Dated this 11th day of April, 1935.

N

I. W. SHEWAN, Liquidator.

IN THE SUPREME COURT OF HONG KONG

In the Matter of the Legal Practitioners

Ordinance, 1871, Section No. 16.

OTICE is hereby given that I, WEI LEUNG SANG, of Gloucester Building, Victoria, in the Colony of Hong Kong, Articled Clerk to EDGAR DAVIDSON, of Gloucester Build- ing. Victoria aforesaid, Solicitor, intend at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court.

Dated the 1st day of April, 1935.

WEI LEUNG SANG.

¡

!

NOTICE OF TRANSFER.

OTICE is hereby given that Chan Pik

Shan (BH) of No. 70, Con-

naught Road Central, Victoria, in the Colony of Hong Kong, formerly carrying on business under the name or style of Kwong Nam Com-

(A) Shipping Mer-

pany (

chant, at No. 79, Connaught Road Central, Victoria aforesaid (hereinafter called the Traus- feror) has on the 2nd day of April, 1935, trans- ferred all the business of Kwong Nam Com- pany, together with the goodwill thereof, furni- ture and fixtures and other assets to Kwong Nam Company, Limited, whose registered office is situate at No. 70, Connaught Road Central, Victoria aforesaid (hereinafter called the Trans- ferees).

The Transferees are now carrying on the said business at No. 70, Connaught Road Central, Victoria aforesaid, and will assume all the liabilities incurred by the Transferor in the said business prior to the said 2nd day of April, 1935.

Dated the 10th day of April, 1935

DENNYS & CO.,

Soliciters for the Transferor and Transferees.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of the Wing Cheong Co.,

Ltd.

IN LIQUIDATION).

NOTICE is hereby given that at an Extra-

ordinary General Meeting of the above named Company duty convened and held at No. 124 Queen's Road Central, Victoria, in the Colony of Hong Kong, on the 10th of April, 1935, the following Special Resolution was duly passed :-

:---

"That the Company be wound up volun- tarily under the provisions of the Companies Ordinance 1932, and

that Cheng Cheong be hereby ap-

pointed Liquidator for the purpose of such winding up ".

Dated this 11th day of April, 1935.

高可寧

Governing Director.

The Hong Kong

Local Subscription.

Government Gazette

Per annum (payable in advance),. Half year, Three months,

. $18.00

(do.), (do.),

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line, Chinese, per Character, Repetitions,

$1.00 for 1st $0.20 insertion.

5 cents. Half price.

Advertisement must reach this office not later

than 3 P.M. on. Thursdays for insertion in Friday's isssue.

1229

-

(FILB No. 150 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Handelmaats-

chappij Fussell & Co., N. V. (a Company registered under the laws of Holland), of 15,

have day of January. 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

hark by an application dated the 17th chante;

LIGHTHOUSE

BRAND

(FILE NO. 147 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that Hing on and Company, of No. 5, Hing Loong Street, Victoria, in the Colony of Hong Kong, have, on the 28th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(3)

?

in the name of Handelmaatschappij Fussell &

Co., N. V., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Condensed Milk since January, 1929. It is intended to be used forth- with by the Applicants in respect of Milk, whe- ther fresh, sterilised, preserved or condensed; milk food or lacteous farina; milk powder, dried milk, skimmed milk, malted milk, cream, sterilised cream, and food preparations contain- ing milk in Class 42,

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Hong Kong.

公亞興法

TRADE

☆ 興港香

(YAC

MARK

子應嘉核無

KAYING TSE

HINGAHCO

HONG KONG

CHINA

HING AN

杭意女

CO.

FUE YEOLIVE

5 HING LUNG STREET HONG KONG CHINA

號五街隆線程中港香行發

(FILE No. 126 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Ping Sing Knitting Company Limited, of Nos. 90 to 98 Cheungshawan Road. Shamshui- po, Hong Kong, have, by an application dated the 20th day of March, 1935, applied for the registration in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark :-

標苘明孔?

in the name of the said Ping Sing Knitting Company Limited, who claim to be the pro- prietors thereof.

     The said Trade Mark is intended to be used by the applicants forthwith in respect of Hosiery and Singlets in Class 38.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

(2)

HING AH & Co.

K

CHANPEEMOY

TRADE MARK

it

梅皮陳製精司公亞與

聍行

四零零三二話電牌門號五街隆興港香

外城龍九廠造製

HONGKONG CANTON & SHANGHAI, CHINA

in the name of Hing Ah and Company, who claim to be the proprietors thereof.

The Trade Marks Nos. (1) and (2) have been used by the Applicants in respect of substances used as food or as ingredients in food in Class 42 and the Trade Mark No. (3) has been used by the Applicants in respect of substances used as food or as ingredients in food other than olives fresh or preserved or of any fruits similar in appearance to olives and other than milk fresh and or condensed in Class 42.

The Trade Marks Nos. (1) and (2) are associated with each other and with Trade Marks Nos. 338 of 1924 10 of 1927 to 12 of 1927 and 73 of 1932.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of April, 1935.

DENNYS & CO, Solicitors for the Applicants,

T

T

0.

YT

1230

(FILE No. 154 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Yung Wing Hong trading as Cheong Sin Tong, of No. 2, Mes Lun Street, Victoria, in the Colony of Hong Kong, has on the 4th day of April,

1935, applied for the registration in Hong

Kong, in the Register of Trade Marks, of the following Trade Mark :-

城鳳

堂善昌

N

(FILE No. 120 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kam Loong Knitting Factory, of No. 31, Wong Chuk Street, (1st floor), Kowloon, Hong Kong, have on the

29th day of January, 1935, applied for the registration in Hong Kong, in the

Register of Trade Marks, of the following Trade Mark:---

品出版龍

連理樹

丸腎補宮安

in the name of Yung Wing Hong trading as

Cheong Sin Tong, who claims to be the pro- prietor thereof.

The Trade Mark is intended to be used by

上線衫

DRAGON HEAD

MADE IN HONG KONG

HUD HOK KXX

in the name of Kam Loong Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark has not been used by the Applicants in respect of Singlets in Class 38.

A Facsimile of such Trade Mark can be seen at the offices of the Regis- trar of Trade Mark of Hong Kong and of the undersigned. Registration of

this mark shall give no right to the exclusive use of the Chinese Characters

the Applicant in Class 3 in respect of Medicat().

ed Pills.

Registration of this Trade Mark shall give

no right to the exclusive use of the Chinese

Characters

昌善堂"

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

and of the undersigned.

Dated the 12th day of April, 1935.

DENNYS & CO., Solicitors for the Applicant,

No. 8A, Des Voeux Road Central,

Hong Kong.

(FILE No. 153 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

is that The China

         Rodum Chemical Works of No. 370, Nathan Road, Kowloon, Hong Kong, and of No. 56, Tai Ping Road South, Canton in the Province of Kwong Tung, China, have on the 4th day of April, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

FODUM

INT MARK

N

Dated the 22nd day of March, 1935.

(FILE No. 155 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

KAM LOONG KNITTING FACTORY, No. 31, Wong Chuk Street, (1st floor), Kowloon, Hong Kong. Applicants,

OTICE is hereby given that The Sun

Shing Tai Firm, # ) (新成泰)

of No. 9 Kwong Yuen Street East, Hong Kong, has, by an application dated the 4th day of April, 1935, applied for the registration in Hong Kong, in the Register of Irade Marks, of the following Trade Mark :-

OPEONY

JOILETSOAP

皂香貴富

(FILE No. 6 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

OTICE is hereby given that The Gee

Cheun & Co., (2)

of No. 36, Connaught Road West, Victoria, in the Colony of Hong Kong, have, on the 7th day of January, 1935, applied for the registra tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

*

L

CHINA ROV

RODUM

EMICAL WORKS

in the name of The China Rodum Chemical Works who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by The China Rodum Chemical Works but it is their intention so to use the same forthwith in respect of l'atent Medicines and Medicated Articles in Class 3.

Representations of the said Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks of Hong Kong.

Dated the 12th day of April, 1935.

THE CHINA RODUM

CHEMICAL WORKS,

Applicants.

in the name of the said Sun Shing Tai Firm, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Perfumed Soap in Class 48.

Registration of the said Trade Mark is limit-

ERS NARCISSUS

GEE CHEUN

in the name of The Gee Cheun & Co., who

claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 46 in respect of Narcissus Bulbs.

Registration of this Trade Mark shall give no right to the exclusive use of the representa- tions of Narcissus Bulbs and flowers and the pot and the words "Gee Cheun."

Facsimiles of the said Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also of the under-

ed to the colours as shown on the specimen | signed. attached to the form of application for regis- tration.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant,

St. George's Building,

Hong Kong.

Dated the 8th day of February, 1935.

LEO D'ALMADA & CO., Solicitors for the Applicants, 1st floor, David House,

Hong Kong.

:

(FILE No. 61 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that T. T. Robinson & Co. (Export) Ltd., a Company, duly icorporated under the laws of England, and oing business at Unilever louse, Blackfriars, bndon E.C.4 England, Manufacturers, have a the 8th day of February, 1935, applied for egistration in Hong Kong, in the Register of "rade marks, of the following Trade Mark:-

ROBI

NOT

1231

(FILE No. 522 or 1934)

THE TRADE MARKS ORDINANCE, 1909.

Application for the Registration of a Trade Mark.

OTICE is hereby given that Lever Brothers (China) Limited, of Chartered Bank Building, 18, The Bund, Shanghai, have on the 21st day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

T4BWENIEN

CELIKI ANVDWOƆ OVOS VNIH KL

18

CELIWIT (VNIHD) SYAHLONG BEA

O3 ก V ONTN

ROBINSON

PORT

ONDO

in the name of T. T. Robinson & Co. (Export) Ltd, who claim to be the proprietors thereof. The Trade Mark has been used by the Ap-

plicants since December, 1923, in respect of

the following goods : ·

Canvas Shoes, in Class 38.

Dated the 8th day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 58 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that W. A.

Hannibal and Company, of La, Chater Road, Hong Kong. Export Merchants, have, on the 22nd day of February, 1935. applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEST W.A.H. THICK SOYS

MADE

TRADE

IN

HONG

in the name of W. A. Hannibal and Company, who claim to be the proprietors thereof.

     The Trade Mark is intended to be used by the Applicants in Class 42, in respect of Soy.

     Registration of this Trade Mark shall give no right to the exclusive use of all the words and of the letters "W.A.H." appearing on the mark except the letters "W.A.II." as shown on the monogram.

Dated the 8th day of March, 1935.

W. A. HANNIBAL & CO.

Applicants.

No. 1A, Chater Road, Hong Kong,

華利

H425 >

k 2600

IEVER'S

Toilet Soap

健寳藝含 4

華利

華利

in the name of Lever Brothers (China) Limited, who claim to be the proprie- tors thereof.

The said Trade Marks has been used by the Applicants since the middle of 1934 and is intended to be used forthwith in respect of the following:-

Common soap, detergents, and other preparations for laundry

purposes in Class 47.

Perfumery (including toilet articles), preparations for the

teeth and hair, and perfumed soap in Class 48.

The Trade Mark in Class 47 and the Trade Mark in Class 48 are to be associated with each other and both marks are to be associated with Trade Marks Nos. 35 of 1905, 63 of 1903, 73 and 77 of 1930, 74 and 78 of 1930 and 306 and 307 of 1933.

Registration of the Trade Mark is limited to the colours as shown on the fascimile of the label deposited with the Registrar of Trade Marks.

Dated the 8th day of March, 1935.

LEVER BROTHERS (CHINA) LIMITED, Applicants.

1234

LEGISLATIVE COUNCIL.

No. S. 121.-The following Bills were read a first time at a meeting of the Council held on the 18th April, 1935:-

(C.S.O. 1/3654/1935).

A BILL

[No. 9-23.3.35.-1.]

Short title.

Substitution for Ordin- ance No. 6 of 1887, s. 4 (12).

INTITULED

An Ordinance to amend the Jury Ordinance, 1887.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Jury Amendment Ordinance, 1935.

2. Paragraph (12) of section 4 of the Jury Ordinance, 1887, is repealed and the following paragraph is substituted therefor

(12) All officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, all commissioned and warrant officers of the Hong Kong Naval Volunteer Force, and also such other members of the said Corps or of the said Force as shall have been exempted from jury service by the Governor in Council.

Objects and Reasons.

1. Paragraph (12) of section 4 of the principal Ordinance exempts from jury service all officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, and such other efficient members of the Hong Kong Volunteer Defence Corps as may be allowed by the Governor in Council.

2. The paragraph substituted by this amending Ordinance exempts all officers and non-commissioned officers of the Hong Kong Volunteer Defence Corps, all commissioned and warrant officers of the Hong Kong Naval Volunteer Force, and also such other members of the said Corps or of the said Force as shall have been exempted from jury service by the Governor in Council.

3. This amendment of the Jury Ordinance implements the amendment of the Public Health and Buildings Ordinance, 1903 (which will be replaced by section 3 (4) () of the Urban Council Ordinance, No. 7 of 1935) effected by section 19 (2) of the Naval Volunteer Ordinance, No. 30 of 1933.

C. G. ALABASTER.

Attorney General.

March, 1935

1235

A BILL

INITITULED

[No. 6:-11.4.35.-4.]

An Ordinance to enable the Urban Council to make by-laws with respect to the regulation and control by registration, licensing or otherwise of certain hawkers.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Hawkers Ordin- Short title. ance, 1935.

Urban

2. The Urban Council may make by-laws with respect Power of to the regulation and control by registration, licensing or council to otherwise of persons hawking any kind of commodity other make than cigars, cigarettes and tobacco.

by-laws for hawkers other than hawkers of cigars, cigarettes and tobacco.

3. All by-laws made by the Urban Council under By-laws to section 2 shall be submitted to the Governor and shall be be sumitted subject to the approval of the Legislative Council.

to the Governor and subject to the approval of Legislative Council.

ir: Schedule.

4. The by-laws in the Schedule shall be deemed to have Enactment been made under this Ordinance and shall be in force except of by-laws as they may be rescinded, suspended, amended or added to by by-laws made by the Urban Council under section 2.

5.--(1) Every person who contravenes any of the Penalties. provisions of any by-law under this Ordinance shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months, as well as to suffer any forfeiture that may be prescribed therein.

(2) Any licence issued under any by-law under this Ordinance shall be liable to cancellation by the Urban Council on the breach of any by-law to which the holder of such licence is subject or on breach of any condition of the licence.

arrest in

officer.

6. In the absence of an officer of police it shall be Power of lawful for any officer of the Sanitary Department, in whose absence of presence a contravention of any by-law under this Ordinance police has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by complaint and summons.

t

Amendment

1236

7. The Miscellaneous Licences Ordinance, 1933, is of Ordinance amended as follows:-

No. 25 of

1933.

(a) by the addition of the words "of tobacco, cigars or cigarettes" after the word "Hawker" in the First Schedule thereof;

(b) by the deletion of that part of the Table in Part I of the Second Schedule thereof which refers to Hawkers and by the substitution of the following:

Hawker of

tobacco,

cigars or

Annual.

$8

Superintendent of

Imports and Exports.

Commence- ment.

cigarettes.

(c) by the substitution of the words "Inspector General of Police" for the word "Do" in the third column of the said Table relating to Massage establishments.

(d) by the deletion of the regulations contained in Part III of the Second Schedule thereof as amended by the Governor in Council.

by the deletion of Forms 2A, 2B, 2C, 2D, and 2E in the Appendix to the Second Schedule thereof.

8. This Ordinance shall not come into operation until such date as the Governor shall notify by Proclamation as the date of commencement of this Ordinance.

SCHEDULE.

BY-LAWS.

Hawkers.

[s. 4.]

A. General and Licensing.

1. These by-laws shall not apply to any hawker in the New Territories, except New Kowloon.

2. In these by-laws,

(a) "Council" means the Urban Council.

(b) "Hawker" means any person who trades in any street or public thoroughfare or goes from place to place, or goes on board any vessel, selling or exposing for sale any goods, wares or merchandise immediately to be delivered, or exposing samples or patterns of any goods, wares or merchandise to be afterwards delivered, or selling or offering for sale his skill in handicraft, except a person selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein and who buy to sell again.

(c) "Place" includes any house, shop, room, office, boat, vehicle or vessel, or any erection movable or otherwise, or any spot on land or water.

(d) "Licence" means a valid licence of the appropriate class, as hereinafter provided, issued to a hawker by the Council under the hand of the Secretary of the Council in accordance with these by-laws.

3. No person shall carry on the trade of a hawker except under and in accordance with a licence.

2

1237

4. There shall be five classes of licence for hawkers, the annual fees for which shall be as set forth in the following table, namely

Licence

Hawker (stallholder)

do.

(itinerant)

do.

(steamships)

do.

(native craft)

do.

(newspaper)

Fee

$24

$ 4

$24

$ 4

$ 1

5. The forms of such licences shall be respectively those in Forms Appendix. Nos. 1, 2, 3, 4 and 5 in the Appendix to these by-laws.

6. The trade of every licensed hawker shall be strictly limited to the class of his licence.

7. Every licence shall expire on the 30th day of September follow- ing the date on which it is granted.

8. A person requiring a licence or any renewal thereof shall make application to the Secretary of the Council, and shall when making the same

(a) pay to the Secretary the prescribed licence fee, and

(b) furnish such copies of his photograph, not exceeding four, as the Council may require.

9.-(1) The Council may in its absolute discretion refuse to grant or renew any licence, or may revoke a licence granted

(a) to any person under 21 years of age;

(b) to any person who may be unsuitable to hold such licence; and

(c) to any person or in respect of any place, if such refusal or revocation is, in the opinion of the Council, expedient in the public interest.

(2) Upon any breach of any by-law relating to hawkers or of any condition of a licence the Council may in its absolute discretion revoke the licence.

10. If the Council refuses to grant or renew a licence, the licence fee shall be refunded, or, if the Council cancels a licence except on the ground of misconduct, a part of such fee shall be refunded to the applicant or licensee.

The part of the fee so refunded shall bear to the whole fee the same proportion as the unexpired part of the term for which the licence was granted bears to the whole term.

No refund shall be made in respect of any period during which & licence shall have been in force.

11.-(1) Every licence may on its expiration be renewed for further periods not exceeding one year at a time.

(2) Such renewal shall be endorsed by the Secretary of the Council on the original licence, and shall be subject to the same fee as the fee prescribed by these by-laws for such licence.

12. The Council may, on sufficient cause being shown to its satis- faction and subject to such conditions as it may think fit to impose, permit the transfer of a licence to any person or for any place other than that to whom or for which the licence was issued, and thereupon the Secretary of the Council shall endorse such transfer on the licence.

13. The Council may impose such special conditions in respect of any licence as the circumstances may require.

Forms 1-5.

Ordinance No. 10 of 1899.

1238

14. If the Council is satisfied that a licence granted or transferred to any person has been lost or destroyed, or accidentally defaced, it may issue to such person a duplicate of the licence on payment of a fee of 25 cents in the case of a newspaper hawker, $1 in the case of an itinerant or native craft hawker, and $5 in the case of a steam- ships or stallholder hawker.

15. No person shall alter, deface or make any erasure on a licence, and no person shall use, or have in his possession with a view to use, a licence on which an erasure has been made, or which has been altered or defaced in any way.

16. Every licence shall specify the kind or class of goods, wares or merchandise for the sale of which the licence is granted, and no licensed hawker shall sell anything of a nature or class other than that specified in such licence.

17. When a licence has been granted to any person in respect of any place, such person shall not carry on the trade of a hawker at any other place without an appropriate licence for such place and the written approval of the Council under the hand of the Secretary of the Council.

18. When hawking, every licensed hawker shall carry a valid licence issued to him, and shall produce and show the same to any sanitary inspector or police officer, and, in the case of a hawker's (steamships) or hawker's (native craft) licence, to any revenue officer, on demand. Such officer may retain such licence for examination or endorsement by the Council, and such licence shall, unless revoked, be returned to the licensee within a reasonable time.

19. No licence shall authorise any person to go on board any ship without the written permission of the master or officer in charge of such ship.

20. No licensed hawker shall hawk in the enclosure to any naval, military or air force premises or in the Man of War Anchorage on the North side of the City of Victoria as defined in Table M of the Merchant Shipping Ordinance, 1899.

21. Every licensed hawker shall collect and remove all refuse caused by his trade, and shall keep the implements of his trade in a clean and wholesome condition.

B. Licensed (itinerant) hawkers.

The following regulations shall apply only to licensed (itinerant) hawkers:

1. The Council shall when issuing an itinerant hawker's licence supply to the licensee a numbered licence board, and the holder of such licence shall when hawking carry and exhibit such board in a conspicuous position so that the number shall be at all times clearly visible.

2. No licensed itinerant hawker shall use or utter any cry, or make or use any other noise for the purpose of attracting attention to his trade, within the following roads, streets and areas:

(1) in the City of Victoria:

(a) Bonham Road, Caine Road, Upper Albert Road and Kennedy Road, and the whole area to the south thereof;

(b) the area bounded on the north by Queen's Road, on the west by Cochrane Street and Old Bailey, on the south by Caine Road and Upper Albert Road, and on the east by Garden Road, including such boundaries; and

(c) Wanchai Road, Morrison Hill Road, Leighton Hill Road, Caroline Road, Causeway Bay Road and the whole area to the south and south-east thereof;

(2) any part of Broadwood Road, Ventris Road, Village Road, Stubbs Road and the area known as Wong Nei Chung Village, not ncluded in paragraph (1) (c);

:

1239

(3) any part of the Island of Hong Kong above the 700-feet contour; and

(4) in Kowloon :

(a) the whole area south of a dividing line passing along the north side of Austin Road and produced at either end in an easterly and westerly direction respectively to the sea;

(b) to the north of such dividing line, the area bounded by and including on the west Nathan Road, on the north Prince Edward Road, and on the east Argyle Street from its junction with Prince Edward Road to Waterloo Road, thence bounded by and including Waterloo Road to the railway line, thence bounded by and including the railway line to the northern boundary of the area in paragraph (a);

(c) to the north of the area in paragraph (b), the area bounded by and including on the west the railway line, on the north Cornwali Street, and on the east Waterloo Road; and

(d) Jordan Road, where not included in the above areas.

3. No licensed itinerant hawker shall-

(1) trade within the Wongneichong Recreation Ground; or

(2) trade within the area bounded on the north by the Harbour, on the west by Wing Wo Street, on the south by Queen's Road, and on the east by Murray Road, including such boundaries, or in Stanley Street, or in any portion of any street leading directly from Stanley Street to Queen's Road; or

(3) sell, expose or have in his possession for sale any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force relating to markets.

4. No tray, basket, box, tub, pan, pail, tin or other receptacle in which any itinerant hawker carries or displays his wares shall exceed three feet in length and three feet in width, and no such hawker shall have in his possession for the purposes of his trade more than two such receptacles and one smaller receptacle, of not more than two feet cubic capacity, for refuse.

5. No licensed itinerant hawker shall sell, expose or have in his possession for sale any prepared food not usually sold by licensed hawkers.

6. The holder of every itinerant hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 10 p.m.

C. Licensed (stallholders) hawkers.

The following regulations shall apply only to licensed (stallholders) hawkers:

1. The Council shall when issuing a (stallholder) hawker's licence supply to the licensee a card bearing the licensee's name, a licence number, and particulars of the site and measurements of his stall, and the holder of such licence shall exhibit and keep such card exhibited on his stall in a conspicuous position approved by the Council.

2. Only stalls of a pattern approved by the Council, similar to the models exhibited at the offices of the Council, shall be used.

3. No licence taken out by any person to carry on the trade of a (stallholder) hawker shall confer on such person any right in any site or pitch, and such person shall place his stall only in such position as the Council may approve.

Ordinance No. 1 of 1873.

Ordinance

No. 10 of 1399.

1240

4. The Council may at any time direct the removal of any stall from any position to any other position, and the holder of a licence for such stall shall thereupon remove the stall and place it in accordance with such direction of the Council,

5. No licensed (stallholder) hawker shall place his stall or any part thereof or anything used in or pertaining to his trade within ten feet of any storm water grating, or in such manner as to obstruct any sidechannel.

6. No stall for the sale of cooked food shall exceed seven feet in length or four feet in width, and no other stall shall exceed six feet in length or three feet in width.

7. The licensee of every stall for the sale of cooked food, fruit or vegetables shall provide and maintain to the satisfaction of the Coun- cil a covered receptacle of galvanized iron for refuse.

8. No licensee of any stall for cooked food shall have any chimney at or near his stall, nor shall he use any wood, coal or other fuel except charcoal.

9. No licensed (stallholder) hawker shall sell or have in his posses- sion for sale or expose for sale-

(1) any food commonly used for human consumption not usually sold by licensed hawkers;

(2) any kerosene, gunpowder, firecracker or other description of dangerous goods as defined by the Dangerous Goods Ordinance, 1873; or

(3) any wares usually sold in a market within the limits of such market prescribed under any Ordinance for the time being in force relating to markets, except, as regards this paragraph with the written permission of the Council.

10. No licensed (stallholder) hawker shall use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade.

11. Every licensed (stallholder) hawker shall employ at his stall only such assistants as the Council may approve. The names and photograph of every assistant so approved shall be endorsed on the licence.

12. The holder of every (stallholder) hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 4 a.m. and 11 p.m.

D. Licensed (native craft) hawkers.

The following regulations shall apply to every hawker licensed to trade on board native sailing craft:

1. The holder of every hawker's (native craft) licence shall trade in the harbour or other area for which his licence is issued only on board native sailing craft or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and specified in the licence.

2. The Council may in its discretion license any number of such hawkers as aforesaid to trade from one Chinese boat, but the number of such hawkers who may trade at any one time from any boat shali not exceed the number of persons who may lawfully be carried in such boat.

1241

3. No hawker licensed to trade on board native sailing craft shall

(1) trade on any steamship or motcrship or board such ship for the purposes of his trade; or

(2) trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board native sailing craft shall deal in, sell, or have in his possession for sale, or expose for sale

(1) any kerosene, gunpowder, firecracker or other description of dangerous goods as defined by the Dangerous Goods Ordinance, 1873; Ordinance

No. 1 of 1873.

(2) any liquor, tobacco, cigarettes or other article on which a duty is imposed under any Ordinance for the time being relating to revenue;

or

(3) any marine stores as defined by the Marine Stores Protection Ordinance Ordinance, 1919.

5. No hawker licensed to trade on board native sailing craft shall knowingly let fall or throw anything whatsoever into the waters of the harbour.

6. The holder of every hawker's (native craft) licence shall observe the following conditions, and such special conditions as the Council may

in its discretion impose, which shall be endorsed on the licence:-

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

E. Licensed (steamships) hawkers.

The following regulations shall apply to every hawker licensed to trade on board steamships:

1. Every person holding a hawker's (steamships) licence shall trade in the harbour or other area for which his licence is issued only on board steam and motor vessels or from a Chinese boat duly licensed as such under the Merchant Shipping Ordinance, 1899, approved by the Council and specified in the licence.

No. 13 of 1919.

Ordinance No. 10 of

2. The Council may in its discretion license any number of such 1899. hawkers as aforesaid to trade from one Chinese boat but the number of such hawkers who may trade at any one time from any boat shall not exceed the number of persons who may lawfully be carried in such boat.

3. No hawker licensed to trade on board steamships shall trade on land or elsewhere than within the area for which his licence is issued and specified in his licence.

4. No hawker licensed to trade on board steamships shall on board any ship-

(1) use or utter any cry, or make any other noise, for the purpose of attracting attention to his trade; or

(2) lay out any goods, wares or merchandise in such manner as to obstruct the crew, or any of them, in the navigation or management of such ship, or impede the free movement of any person about such ship.

5. No hawker licensed to trade on board steamships shall deal in, sell or have in his possession for sale or expose for sale

(1) any kerosene, gunpowder, firecracker or other description of dangerous goods as defined by the Dangerous Goods Ordinance, 1873; Ordinance

No. 1 of

1873.

Ordinance

No. 13 of 1919.

1242

(2) any liquor, tobacco, cigarettes or cther article on which a duty is imposed under any Ordinance for the time being relating to

revenue; or

(3) any marine stores as defined by the Marine Stores Protection Ordinance, 1919.

6. No hawker licensed to trade on board steamships shall know- ingly let fall or throw anything whatsoever into the waters of the harbour.

7. Every person holding a hawker's (steamships) licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 8 p.m., or, in the junk anchorages, only between the hours of 6 a.m. and 12 midnight.

F. Licensed (newspaper) hawkers.

The following regulations shall apply only to newspaper

hawkers:

1. The Council shall when issuing a newspaper hawker's licence supply to the licensee a metal badge of a pattern approved by the Council, and every licensed newspaper hawker shall when hawking wear and exhibit such badge in a conspicuous position so as to be at all times clearly visible.

2. No licensed newspaper hawker shall act in a manner importu- nate towards, or calculated to obstruct, disturb or annoy, any person.

3. Every person holding a newspaper hawker's licence shall observe the following conditions, and such special conditions as the Council may in its discretion impose, which shall be endorsed on the licence:

(1) Except with the written permission of the Council endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person.

(2) The licensee shall carry on his trade only between the hours of 6 a.m. and 11 p.m.

Appendix.

[By-law A. 51

5]

FORM No. 1.

Licence No........

ITINERANT HAWKER'S LICENCE.

of

is hereby licensed to hawk

until the

day of

19......

inclusive, subject to the conditions and for the

further periods endorsed hereon.

Photograph.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

1243

FORM No. 2.

Licence No...........

STALLHOLDER HAWKER'S LICENCE.

of

is hereby licensed to hawk

on the site allotted to him at

until the

day of

Photograph.

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $24.

Dated this

day of

19......

Secretary of the Urban Council.

FORM No. 3.

Licence No.........

NATIVE CRAFT HAWKER'S LICENCE.

of

is hereby licensed to hawk

from licensed boat No.

and on native craft in

Photograph.

the harbour of Hong Kong (or as the case may be)

until the

day of

19......

inclusive, subject to the conditions and for the further

periods endorsed hereon.

Fee $4.

Dated this

day of

19......

Secretary of the Urban Council.

FORM NO. 4.

Licence No.......

STEAMSHIPS HAWKER'S LICENCE.

of

is hereby licensed to hawk

from licensed boat No.

and on steam and

Photograph.

day of

motor ships in the harbour of Hong Kong (or as the

case may be) until the

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $24.

Dated this

day of

19......

Secretary of the Urban Council.

1244

FORM No. 5.

Licence No..........

NEWSPAPER HAWKER'S LICENCE.

is hereby licensed to hawk

newspapers until the

of

day of

Photograph.

19...... inclusive, subject to the

conditions and for the further periods endorsed hereon.

Fee $1.

Dated this

day of

19......

Secretary of the Urban Council.

Objects and Reasons.

1. The object of this Ordinance is to transfer to the Urban Council the licensing and general regulation of all hawkers hitherto licensed, under the Miscellaneous Licences Ordinance, No. 25 of 1933, by the Inspector General of Police.

2. Hawkers of cigars, cigarettes and tobacco will continue to be licensed by the Superintendent of Imports and Exports under that Ordinance.

April, 1935.

C. G. ALABASTER,

Attorney General.

1245

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

  No. S. 122.-List of Copyright Works in respect of which Notice has been given to the Commissioners of Customs and Excise under Section 14 (1) of the Copyright Act, 1911.

Except where otherwise stated the Notices are intended to apply to the United Kingdom and all British Possessions.

CUSTOM HOUSE, LONDON, E.C. 3,

February, 1935.

Supplementary List No. 3.

I.-Books and other Printed Works.

Whether Author

Name of

Title or Description of Work.

Name of Author.

alive; if

Proprietor of the

Date of

not, date of Death.

Copyright.

Notice.

Andersen, Hans Christian. Signe Toksvig.

Alive.

Signe Toksvig...

27.12.1934

Ann and Aurelia........

Adrian Alington.....

Do.

Chatto and Windus... 1. 1.1935

Banquet, The

R. H. Mottram...

Do.

Do.

Do.

Beside a Norman Tower... Mazo de la Roche

Do.

Mazo de la Roche ... 27.12.1934

Beyond the Mexique Bay.. Aldous Huxley

Do.

Chatto and Windus... 1. 1.1935

Black Monastery....

Aladar Kuncz Trans-

Do.

Do.

Do.

lated by Ralph

Murray.

Cactus Land

Dennis Kincaid

Do.

Do.

Do.

Captain Nicholas

Hugh Seymour

Do.

H S. Walpole

27.12.1934

Walpole.

Career for the Gentle-

David Farrer

Do.

Chatto and Windus... 1. 1.1935

man,

A.

Chedsy Place

Richmal Crompton

Do.

R. Clara Lamburn 27.12.1934

(R. Clara Lam-

burn).

Death-Ship, The...

B. Traven

Do.

Chatto and Windus ... 1.1935

Defy the Foul Fiend

John Collier

Do.

John Collier

27.12.1934

Determinations

Editor F. R. Leavis.

Do.

Chatto and Windus... 1. 1.1935

Doctor Martino

William Faulkner

Do.

Do.

Do.

Dr. Partridge's Almanack George Beaton....

for 1935.

Do.

Do.

Do.

Enjoying Pictures

Clive Bell...

Do.

Do.

Do.

Ginger Griffin, The

Ann Bridge

Do.

Do.

Do.

Hans Christian Andersen

Signe Toksvig...

Do.

Signe Toksvig.

27.12.1934

High Dudgeon..............

Albert Frost..

Do.

Chatto and Windus... 1. 1.1935

Date of Expiration of the

Copyright.

Title or Description of Work.

Name of Author.

1246

Whether Author alive; if not, date of Death.

Name of

Proprietor of the Copyright.

Date of

Notice.

How like an Angel

A. G. Macdonell

Alive.

A. G. Macdonell

27.12.1934

In Company with Crispin. Humphrey Pakington)

Do.

Chatto and Windus... 1. 1.1935

Islandman, The

Tomas O'Crohan,

Do.

Do.

Do.

Translated by

Robin Flower.

Jews in the Modern

World, The.

Arthur Ruppin

Do.

Arthur Ruppin

27.12.1934

Journey to the End of

the Night.

Louis Ferdinand

Do.

Chatto and Windus... 1. 1.1935

Celine, Translated

by J. H. P. Marks.

Life of One's Own, A...... Joanna Field

Do.

Do.

Do.

Modern Idolatry, The...... Jeffrey Mark

Do.

Do.

Do.

More Pricks than Kicks... Samuel Beckett

Do.

Do.

Do.

Moving Along

G. Orioli

Do.

Do.

Do.

Nature, Man, and God

William Temple

Do.

William Temple

27.12.1934

New Dishes from Left-

Coral Smith

Do.

Chatto and Windus .. 1.1.1935

overs.

Old Man's Birthday, The. Richmal Crompton

Do.

R. Clara Lamburn ... 27.12.1934

(R. Clara Lamburn).

Poetry Direct and

Oblique.

E. M. W. Tillyard

Do.

Chatto and Windus...

1.1.1935

...

Proud Servant, The

Margaret Irwin

Do.

Do.

Provincial Lady in America, The.

E. M. Delafield

Do.

E. M. Dashwood

Do.

27.12.1934

(E. M. Dashwood).

Reading and Discrimina-

tion.

Denys Thompson

Do.

Chatto and Windus....

1.1.1935

Rose and Glove

Hugh Ross

Do.

Do.

Do.

Williamson.

Seventeenth Century

Background, The.

Basil Willey

Do.

Do.

Do.

Short History of Modern

Words.

Bernard Groom

Do.

Bernard Groom

27.12.1934

Tender is the Night

These Hurrying Years

Three Men Die

F. Scott Fitzgerald...

Do.

Chatto and Windus....

1.1.1935

Gerald Heard

Do.

Do.

Do.

Sarah Gertrude

Millin.

Do.

Do.

Do.

Tom Tiddler's Ground

Treasure of the Sierra

Madre, The.

Edward Shanks

Do.

Edward Shanks

27.12.1934

B. Traven

Do.

Chatto and Windus...

1.1.1935

Date of Expiration of the

Copyright.

>

1247

Whether Author

Name of

Title or Description of Work.

Name of Author.

alive; if

not, date of Death.

Proprietor of the Copyright.

Date of Notice.

Date of Expiration of the

Copyright.

True Romances Magazine.

Macfadden Magazines 10.7.1934

Ltd.

(The Notice in this case is intended to apply to the United Kingdom only).

Tusitala

Leonard J. Hines

Alive.

Chatto and Windus... 1.1.1935

and Frank King,

Voltaire

Richard Aldington...

Do.

Do.

Do.

Watkins' Last Expedition F. Spencer Chapman.

Do.

Do.

Do.

Westminster Abbey

A. L. N. Russell.

Do.

Do.

Do.

...

Wheels and Butterflies

William Butler

Yeats.

Do.

W. B. Yeats..

27.12.1934

Whether a Dove or

Seagull

Within the Gates

Sylvia Townsend

Do.

Chatto and Windus...

1.1.1935

Warner and

Valentine Ackland.

Sean O'Casey

Do.

Sean O'Casey

27.12.1934

Women must Work..

Richard Aldington...

Do.

Chatto and Windus... 1.1.1935

The title of "Fables", by T. F. Powys, on page 27 of the List, has been changed to "No Painted

Plumage".

18th April, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 123.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

18th April, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

>

1247

Whether Author

Name of

Title or Description of Work.

Name of Author.

alive; if

not, date of Death.

Proprietor of the Copyright.

Date of Notice.

Date of Expiration of the

Copyright.

True Romances Magazine.

Macfadden Magazines 10.7.1934

Ltd.

(The Notice in this case is intended to apply to the United Kingdom only).

Tusitala

Leonard J. Hines

Alive.

Chatto and Windus... 1.1.1935

and Frank King,

Voltaire

Richard Aldington...

Do.

Do.

Do.

Watkins' Last Expedition F. Spencer Chapman.

Do.

Do.

Do.

Westminster Abbey

A. L. N. Russell.

Do.

Do.

Do.

...

Wheels and Butterflies

William Butler

Yeats.

Do.

W. B. Yeats..

27.12.1934

Whether a Dove or

Seagull

Within the Gates

Sylvia Townsend

Do.

Chatto and Windus...

1.1.1935

Warner and

Valentine Ackland.

Sean O'Casey

Do.

Sean O'Casey

27.12.1934

Women must Work..

Richard Aldington...

Do.

Chatto and Windus... 1.1.1935

The title of "Fables", by T. F. Powys, on page 27 of the List, has been changed to "No Painted

Plumage".

18th April, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 123.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

18th April, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

1248

HARBOUR DEPARTMENT.

  No. S. 124. It is hereby notified that sealed tenders in quintuplicate which should be clearly marked "Tender for the supply of a teak wood single-screw motor boat for police services at Tai O", will be received at the Colonial Secretary's Office until noon of Friday, the 3rd May, 1935.

  The launch is to be built in accordance with plans and a specification which may be obtained at the Office of the Government Marine Surveyor.

  The sum of $50 will be required to be deposited with the Honourable Colonial Treasurer and a receipt obtained, on production of which plans and specification will be handed to applicants. The deposit will be released upon the receipt of a bona fide tender and the return of plans and specification.

  The Hull, Machinery and equipment to be of first class material and workmanship to the entire satisfaction of the Government Marine Surveyor.

Tenders to state the earliest date of delivery and failing completion within such time, deduction will be made from the contract price at the rate of $20 for each and every subsequent day until the due completion of work.

The Government does not bind itself to accept the lowest or any tender

16th April, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

No. S. 125.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 29th day of April, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No

of

Registry No.

Locality.

Contents in

Sale.

Sq. feet.

Annual Upset

Rent.

Price.

N.

S.

E.

W.

feet.

feet. feet. feet.

$

$

2

Rural Building

Barker Road.

As per sale plan.

About

8,300

96

996

Lot No. 389.

18th April, 1935.

R. M. HENDerson,

Director of Public Works.

!

1250

A

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 22 of 1934.

Re Henry Cadogan Best residing at No. 327, Prince Edward Road, Kow- loon, in the Dependency of Hong Kong, Engineer.

FIRST and final dividend is intended to

be declared in this matter. Creditors who have not proved their debts by the 28th day of May, 1935, will be ex- cluded.

Dated the 18th day of April, 1935.

JAMES J. HAYDEN,

Official Receiver

W. LINCOLN & COMPANY LIMITED.

CHINA PROVIDENT LOAN AND

MORTGAGE CO., LTD.

NOTICE.

OTICE is hereby given that the Thirty-NOTICE is hereby given that Canton

NOTIC

eighth Ordinary Annual Meeting of Share- holders in the Company will be held in the Jacobean Room, 1st floor, Hong Kong Hotel, Pedder Street, Hong Kong, at 12.15 p.m. on Tuesday, the 30th day of April, 1935 for the purpose of receiving a Statement of Accounts and the Report of the Board of Directors for the year ended 31st December, 1934, electing Directors and Auditors, and for the Transaction of any other Ordinary business of the Company.

Notice is also hereby given that the Transfer Books of the Company will be closed from Saturday, the 20th April, 1935, until Tuesday, the 30th April, 1935, both days inclusive, during which period no transfer of shares can be registered.

By Order of the Board,

D. L. KING, Secretary.

Hong Kong, 15th April, 1935.

Brothers Rubber Manufacturing Com- pany of No. 179 Hai Tan Street, Mongkok, Kowloon, in the Colony of Hong Kong, intend to transfer the business and goodwill of the said Canton Brothers Rubber Manufacturing Company of canvas shoe and rubber manufac turers to Canton Brothers Rubber Company (1935) Limited a company about to be incor- porated whose registered office it is intended shall be situate at No. 179 Hai Tan Street, aforesaid. The said Canton Brothers Rubber Company (1935) Limited who intend to carry on the said business at No. 179 Hai Tan Street, aforesaid will not assume all the liabilities of Canton Brothers Rubber Manufacturing Com-

pany.

Dated the 17th day of April, 1935.

JOHNSON, STOKES & MASTER, Solicitor for the Intended Transferee.

SPECIAL RESOLUTION FOR VOLUNTARY WINDING-UP OF THE ABOVE COMPANY.

OTICE is hereby given that at an Extra-

N ordinary General Meeting of the above

Company duly convened and held at No. 6, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, on the 1st day of April, 1935, at 2 o'clock in the afternoon, the following special resolution was duly passed, namely

That the Company be wound up volun-

NOTICE.

RE THE CHAN PO CHAN SHING

KI, (陳寶棧誠記)

OTICE is hereby given that the Partner- ship hitherto subsisting between Chan Tsung San (B) and Chan Leung

Ming(),

tarily and that Wong Lan Chip, of Ming (B), carrying on business

No. 6, Des Vœux Road Central, be and was thereby appointed the Liquidator for the purpose of such winding-up.

Dated the 15th day of April, 1935.

M

·王展頌

Chairman.

In the Matter of The Companies Ordi-

nance, 1932,

and

In the Matter of The Kwong Kee Invest-

ment Company, Limited.

Members' Voluntary Winding-up.

NOTICE is hereby given pursuant to Sec-

tion 225 of the Companies Ordinance,

1932 that a General Meeting of the Members of the above-named Company will be held at No. 111, Des Voeux Road West, Victoria, in the Colony of Hong Kong, on Tuesday, the 21st day of May, 1935, at 2.30 o'clock in the after- noon for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and the pro- perty of the Company, disposed of, and of hearing any explanation that may be given by the Liquidator.

Dated the 18th day of April, 1935.

N

IP KU HEUNG, Liquid tor.

IN THE SUPREME COURT OF HONG KONG

In the Matter of the Legal Practitioners

Ordinance, 1871, Section No. 16.

OTICE is hereby given that I, WEI LEUNG SANG, of Gloucester Building, Victoria, in the Colony of Hong Kong, Articled Clerk to EDGAR Davidson, of Gloucester Build- ing. Victoria aforesaid, Solicitor, intend at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court.

Dated the 1st day of April, 1935.

at No. 180 Wing Lok Street, and 64 New Market Street, Victoria, in the Colony of Hong Kong, under the style or firm name of Chan Po

Chan Shing Ki (陳寶棧誠記)

has been dissolved by mutual consent as from the third day of February, 1935, (except for the purposes of the Winding-up of the said firm,

All debts owing by the said late firm will be paid by the said Chan Tsung San and Chan Leung Ming at No 180 Wing Lok Street, afore- said and all creditors are accordingly requested to apply for payment.

All debts due to the said late firm will be

received by Chan Tsung San and Chan Leung

Ming at the same address.

Dated the 19th day of April, 1935.

N

陳松燊

陳亮明

NOTICE OF TRANSFER.

OTICE is hereby given that Chan Pik

Shan (H) of No. 70, Con-

naught Road Central, Victoria, in the Colony of Hong Kong, formerly carrying on business under the name or style of Kwong Nam Com- pany (MMA) Shipping Mer- chant, at No. 70, Connaught Road Central, Victoria aforesaid (hereinafter called the Trans- feror) has on the 2nd day of April, 1935, trans- ferred all the business of Kwong Nam Com- pany, together with the goodwill thereof, furni- ture and fixtures and other assets to Kwong Nam Company, Limited whose registered office is situate at No. 70, Connaught Road Central, Victoria aforesaid (hereinafter called the Trans- ferees).

The Transferees are now carrying on the said business at No. 70, Connaught Road Central, Victoria aforesaid, and will assume all the liabilities incurred by the Transferor in the said business prior to the said 2nd day of April, 1935.

Dated the 10th day of April, 1935.

DENNYS & CO.,

Solicitore for the Tronotamom

(FILE NO. 159 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that The Eastern

Trading Company of Bank of China Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents,

have ou the 9th day of April, 1935, applied

for the registration, in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks :-

L

(1)

TRADE

MARK

FLYING HORSE BRAND

商標

(2)

TRADE

MARK

FLAG BRAND

旗球老蜾 等

in the name of The Eastern Trading Company, who claim to be the sole proprietors thereof.

The two Trade Marks have not hitherto been used by The Eastern Trading Company in respect of the goods mentioned in their applications but it is their intention so to use forthwith the Flying Horse" trade mark in respect of Shoes in Class 38. and the Flag" trade mark in respect of Straw Board and Paper in Class 39.

60

Registration of the "Flag" trade mark shall give no right to the exclusive use of the letter

"M" appearing thereon.

+6

Dated the 19th day of April, 1935.

THE EASTERN TRADING CO

(FILE Nos. 327 OF 1933 AND 127 OF 1935).

TRADE MARKS ORDINANCE 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Kian Gwan

NOTIC isy, India, Txon that ban way

incorporated under the laws of British India, and having a Branch Office at Pedder Building, Pedder Street, Victoria, Hong Kong, have on the 19th day of July, 1933 and 25th March, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Marks, Nos. 1 and 2 respectively:-

(1)

1251

(FILE No. 160 of 1935) TRADE MARKS. ORDINANCE, 1909.

Application for Registration of

N

a Trade Mark.

OTICE is hereby given that Tai Yuet

Po

Sole Proprie-

tor of the Leen Foreign firm (

>>

洋行) of No. 129, Queen's Road Central,

Victoria, in the Colony of Hong Kong, Merchant, has on the 11th day of April, 1935. applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :--

貴富大行洋安利

(FILE Nos. 506 AND 523 OF 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that The General Electric Company Limited

of Magnet House, Kingsway, London, W.C. 2, England, Manufacturing Electrical Engineers, have on the 27th day of September, 1934, and the 19th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

QUALITY GUARANTEED

TJAP

TRADE MARK

(15)

Limolas

"DEI-TIONG-HAM"-CONCERN SPECIALLY MADE FOR KIAN GWAN.

MADE IN-HONG KONG

(1)

OSDAM

(2)

DAISY

花錢

in the name of Kian Gwan Company, India, Limited, who claim to be the proprietors thereof.

The Trade Mark No 1 has been used by the Applicants since 1st January, 1933, in respect of the following goods:

Electric Batteries, in Class 8.

and

Trade Mark No. 2 has been used by the! Applicants since January, 1931, in respect of the following goods :--

Tapioca Flour, in Class 42.

The registration of Mark No. 1 shall give no right to the exclusive use of the figures "15", and the Applicants undertake not to use this mark in the colours red, white and blue.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

in the name of Tai Yuet Po, who claim to be the sole proprietor thereof.

The said Trade Mark is intended to be used by the Applicant in Class 34, in respect of cloths and stuffs of wool.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of April, 1935.

D'ALMADA & MASON, Solicitors for the Applicant, No. 33, Queen's Road Central, Hong Kong.

(FILE NO. 148 OF 1935),

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Nam Tai Company, of No. 18, Bouham Strand West, Victoria, in the Colony of Hong Kong, have on the 1st day of April, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark:---

LIBERTY BRAND

商標

自由神牌

TRADE MARK

in the name of the Nam Tai Company, who claim to be the proprietors thereof,

The Trade M rk has been used by the Ap- plicarts since March, 1934, in respect of the following goods :-

Kerosene, Gasolene and Fuel Oil, in

Class 47.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

OSRAM

(2)

OSIRA

in the name of The General Electric Company Limited, who claim to be the sole proprietors thereof.

The "Osram" Trade Mark in the form ap- pearing above has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

The

Electric Incandescent Lamps, in Class

13.

Osira" Trade Mark has been used by the Applicants in respect of:

Electric discharge lamps, electric high pressure mercury lamps, electric incandescent lamps and fittings for electric light, in Class 13.

The Applicants disclaim the right to the exclusive use of the representation of an elec- tric bulb appearing in the " Osram" Trade Mark.

The said Trade Marks are to be associated

with Trade Mark No. 325 of 1919 and with each other.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of April, 1935.

DEACONS,

Solicitors for the Applicants,

No. 1, Des Vœux Road Central,

Hong Kong,

i

1252

(FILE No. 158 of 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Shing Cheong Tai Firm of No. 173

(FILE NO. 64 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

Wing Lok Street, Victoria, in the Colony of Hong Kong, have on the N Vacuum Oil Company, of 100 West 10th

9th day of April, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

不能

標商

生變助

品改精

謹記旗諸

啟酒商君

見科績酒冬沽天廠

快標請賜

盡學出料菜專津開

宜歷

洵久

且法

Street, Wilmington, Delaware, in the United. States of America, and No. 26, Broadway, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong, have on the 15th day of February, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz.:-

(1)

CYLREX

STANDARD

(2)

ACUUM

UM OIL Z

S

COMPANY

in the name of The Shing Cheong Tai Firm, who claim to be the prorietors

thereof.

The Trade Mark has been used by the Applicants since April, 1930, in respect of the following goods :-

Preserved vegetable, in Class 42.

66

""

The registration of this Mark shall give no right to the exclusive use of the Chinese Characters for National Ensigu' and of the two flags appearing on the mark save in the exact position as shown on the mark entwined with a tassel.

Dated the 18th day of April, 1935.

(FILE NO. 67 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 21 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs. Bitzer & Co., Importers, Exporters and Com- mission Agents, have on the 17th day of

NOTICE is hereby given that the Bruns-January, 1935, applied for registration in long

viga-Maschinenwerke Grimme, Natalis

    & Company, Aktiengesellschaft of Brauns- chweig, Kastanienallee 71 has on the 17th day of January, 1935, applied for Registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Kong, in the Register of Trade Marks, of the following Trade Mark :-

MADE IN

U.S.A..

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark (1) is associated with Trade Marks Nos. 221 to 226 of 1927 and Mark (2) with No. 58 of 1934.

The above Trade Marks have not hitherto been used by the applicants but it is their intention to use them forthwith, in respect of Petroleum and Products of Petroleum with or without admixture of other materials in Class 47.

Registration of Mark (2) shall give no right to the exclusive use of the letters "S & V" either separately or in combination.

Dated the 15th day of March, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY, Assistant General Manager.

Brunsviga

The Hong Kong

Government Gazette

Local Subscription.

in the name

of Brunsviga-Maschinenwerke

    Grimme, Natalis & Company, Aktiengesells- chaft, of Braunschweig, who claim to be the proprietors thereof.

      The Trade Mark has been used by the Ap- plicant in respect of calculating and adding machines in Class 8.

Dated the 14th day of March, 1935.

DENNYS & COMPANY, Solicitors for the Applicants, National Bank Building, Hong Kong.

tr

Genu" Brand

in the name of Messrs. Bitzer & Co., who claim to be the proprietors thereof,

The above Trade Mark has not yet been used by the applicants in respect of Leather. skins unwrought and articles made of leather not included in other classes, but it is the ap- plicants' intention to use it hereafter, in Class 37.

Facismiles of the said Trade Mark can be seen in the Registry of Trade Marks and at the Office of the undersigned.

Dated the 15th day of February, 1935.

BITZER & CO.,

Applicants.

Per annum (payable in advance),... Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1.001 $0.20

for 1st insertion..

5 cents. Half price.

Advertisement must reach this office not later- than 3 P.M. on Thursdays for insertion in: Friday's isssue.

·

1253

(FILE No. 54 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Societa Anonima Egidio Galbani of Melzo, Italy, a Company incorporated under the laws of Italy, have, by two applications both dated the 1st day of February, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(FILE No. 117 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chung Yuk

Cho (W) trading as

The Kwong Ah Firm) of No.

311, Queen's Road West,, first, second and third floors, Victoria, Hong Kong, have, by an

application dated the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

記為

商嘜鐘

FORMAGGI

BEL PAESE

*SAEGIDIO GALBANIA

(2)

FORMAGGIO ROMA

SOC.AN. EGIDIO

GALBANI

MELZO

TALY

in the name of the said Chung Yuk Cho trading

as The Kwong Ah Firm, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Articles made of leather not included in other classes including Port- manteaus, suitcases and hand-bags in Class 37.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

(FILE No. 116 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Kwong Tin Tak Firework Manufacturing Company

(***) of No. 254, Des

Voeux Road Central, Victoria, Hong Kong, have, by an application dated the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MOUNTED KNIGHT

FLASHLIGHT

FORMAGGIO ROMA

SOC, AN, EGIDIO CALMANI-MELZOE

in the name of the said Societa Anonima Egidio Galbani, who claim to be the proprietors thereof.

The said trade marks have been used by the applicants and their predecessors in business in respect of Cheese, Butter and Milk Products in Class 42.

     Registration of trade mark No. (1) shall give no right to the exclusive use of the words "Formaggio Del Bel Paese" and of the map device and registration of trade mark No. (2) shall give no right to the exclusive use of the words "Formaggio Roma".

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Hong Kong.

RING ITIN TAR

MADE IN CHINA

in the name of the said Kwong Tin Tak Fire- work Manufacturing Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Firecrackers and Fireworks in Class 20.

Reistration of the said trade mark shall give no right to the exclusive use of the figures "4" and "8" either separately or in combiua- tion and of the word "Flashlight" appearing on the specimen mark attached to the form of application.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

1254

(FILE NCS. 4 AND 20 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Trade Marks.

NOTICE is hereby given that Wong Sewai trading as The Wing Lee Wai Firm, of No. 124 Wing Lok Street, Victoria, Hong Kong, has, by four applications dated the 5th, 16th, 16th and 16th days of January, 1935, respec- tively, applied for the registration in long Kong, in the Register of Trade Marks, of the following Trade Marks:--

(1)

玉豐永

(2)

NOTICE

(FILE No. 28 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

IOTICE is hereby given that Pro-phy-lac-tie Brush Company, a corporation organized under the laws of the State of Delaware, of Florence Station, Northampton County of Hampshire, State of Massachusetts, United States of America, have by applications dated the 8th day of October, 1934, and the 21th day of September, 1934 respectively applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks

viz

(1)

PERMA-GRIP

(2)

Prophylactic

Pro-ph lac-tie Tooth Brush

Prophyl

TurnoProphylactic

酒露仙陽菜

酒谮年二十

威利永

行酒

ENTSIN

WAT

& HONGKONG

港香津大

(3)

(4)

in the name of the said Wong Sewai trading as

    The Wing Lee Wai Firm who claims to be the proprietor thereof.

The characters"

"in Trade Mark No. 1 have been declared to be distinctive by Order of His Excellency the Governor under Section 9 (5) of The Trade Marks Ordinance 1909.

Trade Marks (1), (2) and (3) have been used and Trade Mark (4) is intended to be used forth- with by the Applicant in respect of Fermented liquors and spirits in Class 43.

     Trade Marks (2) and (4) are associated with each other and with Trade Marks Nos. 90 of 1903 and 124 of 1911. Trade Mark (3) is associated with Trade Mark No. 96 of 1914.

Registration of Trade Mark (2) shall give no right to the exclusive use of the fruit repre- sentation appearing thereon and is limited to the colours as shown on the mark attached to the form of application for registration.

Dated the 15th day of February, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building,

Hong Kong.

Pro-phylo

1. Тоотн

in the name of Pro-phy-lac-tic Brush Company, who claim to be the proprie- tors thereof.

The Trade Marks Nos. 1 and 2 have been used by the applicants since July, 1934, in respect of toilet brushes in general and tooth brushes, hair brushes, nail brushes and flesh brushes in particular in Class 50. They are associated with each other and Trade Mark No. 2 is associated with Trade Marks Nos. 199 of 1921, 10 of 1928, 18 and 19 of 1929 and registration of Trade Mark No. 2 is limited to the colours exactly as shown on the mark deposited with the Registrar of Trade Marks and registration of the mark shall give no right to the exclusive use of the device of a tooth brush and of all the words appearing on the mark with the exception of the words "Pro- phy-lac-tic" and "Perma-Grip" as shown thereon.

Facsimiles of such Trade Marks can be seen at the offices of the Regis-

trar of Trade Marks and of the undersigned.

Dated the 15th day of February, 1935.

GEO K. HALL BRUTTON & CO. Solicitors for the Applicants,

St. George's Building, Hong Kong.

(FILE No. 51 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Gilman & Co. Ltd. of 44, Des Voeux Road

Central, Victora, in the Colony of Hong Kong, have, on the 28th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

Age of Chil

CREAM

To remen the

DIRECTIONS

true Vičkom a dry spoon. To make milk and blew the a je mandard milk and Pla parts of weler to pada whenuded mich For Calte Tes or Chmandate, un Dud and without dilution, FOR INFANT FEEDINI will apply in all c The water to bend woulda faded and then cooled la Jending amperature kalera addug the with. The followin meddwlinas. Dagad upan land vapariaman, skandál give m

QUANTITI PE

2nd Manth

T-Time of Funding

Lowry 1 ht

Y. J 1 spadanyaan, s agai, de a temper ved

Thucing the following, wrakke contime with sin dosly fands, Budually bestehend the prophytes el milk metal it reach 1 parts with a 2 parta da L

La porta madiva muža Mtikise, all stagals, bottles, alg

ples, etc, ki borking maliit ning Ünly such qaamily

wer par fram man ta tha. Wang the cullin Lầu spaen

eral

Report Ulo Jambes with wear, spuna mezmení.

FULL

DEER HEAD BRAND

CONDENSED MILK

THE DANIA PRODUCTS CO.

COPENHAGEN, DENMARK

NET WEIGHT 14 OUNCES

in the name of the Dania Products Co., A/S, Copenhagen, Denmark, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Condensed Milk, Butter, Cheese, Bacon, Ham, Evaporated Milk, Powdered Milk and Margarine, in Class 42.

Fascimiles of such Trade Mark can be seen at the Offices of the Regis- trar of Trade Marks and also at the office of the undersigned.

Dated the 15th day of February, 1935.

GILMAN & Co., LTD.,

C. BLAKER,

Director.

Attorney for the Applicants,

No. 4A, Des Voeux Road Central, Hong Kong.

1255

H

(FILE No. 89 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that The Ping Sing Knitting Company Limited, of No. 90 to 98 Cheungshawan Road Shamshuipo, Hong Kong, have, by two applications both dated the 28th day of February, 1935, applied for the registration in Houg Kong, in the Regis. ter of Trade Marks, of the following Trade Marks:-

(1)

POLO

(2)

Trade and Shipping

Returns for the month of February, 1935.

C

OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy :

NORONHA & CO.,

Government Printers

18, Ice House Street.

BUOY)

in the name of the said Ping Sing Knitting Company Limited, who claim to be the proprie- tors thereof.

The said Trade Marks are intended to be used by the applicants forthwith in respect of

of Clothing in Class 38.

ORDINANCES FOR 1934.

volumes of Ordinances of

rticles ration of Trade Mark No. (1) shall give BOUND Volume, including Pro-

Registration

no right to the exclusive use of the representa- tion of a bathing costume on the figure and registration of Trade Mark No. (2) shall give no right to the exclusive use of the letters "PS" either separately or in combination.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Hong Kong.

Hong Kong,

clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1258

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 126.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

26th April, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHorn,

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

No. S. 127. It is hereby notified that sealed tenders in triplicate, which should. be clearly marked "Tender for Asphaltum ", will be received at the Colonial Secretary's Office until Noon of Thursday, the 9th day of May, 1935, for the supply and delivery of the following Stores required by this Department for period commencing 1st July, 1935 to 31st December, 1935.

1. Asphaltum, Penetrations 31/40 (to Specification). 2. Asphaltum, Penetrations 61/70 (to Specification). 3. Asphaltum, Penetrations 81/90 (to Specification).

   Every tenderer must deposit with the Colonial Treasurer the sum of $500 (Dollars five hundred) and the Deposit Receipt, must be attached to the tender when this is forwarded to the Colonial Secretary.

   In the case of a successful tender the deposit will not be released but will be exchanged at the Colonial Treasury for a Deposit Receipt, bearing interest, as security for the due performance of the Contract; in the event of acceptance of part only of the tender, the deposit may be reduced by an amount to be determined by the Government; in no case shall any deposit be less than $50 (Dollars fifty). The said deposit shall be forfeited to the Government should the Tenderer refuse or fail to carry out to the satis- faction of the Government the whole or any portion of the tender which shall be accepted. The deposit, with interest thereon, shall be released on the satisfactory termination of the Contract.

   The deposit made by an unsuccessful Tenderer will be returned after notice of non- acceptance shall have been posted to him.

For Specifications and Forms of Tender apply at the office of Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

   The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the Specification.

R. M. HENDerson,

Director of Public Works.

26th April, 1935.

-

1259

PUBLIC WORKS DEPARTMENT.

No. S. 128. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Hot Water Apparatus, etc., New Government Civil Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 13th day of May, 1935. The work consists of the installation of Hot Water Heating and Supply Apparatus, Plumbing, etc.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

26th April, 1935.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 129.-It is hereby notified that the following Sale of Crown Land by Public Action, will be held at the Offices of the Public Works Department on Monday, the 13th day of May, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of

Registry No.

Locality.

Sale.

N.

Contents Annual Upset

in

Sq. feet.

Rent. Price.

E.

W.

feet.

feet. feet.

feet.

1 Rural Building

Lot No. 388.

South East of Rural Building Lot No. 163, Island Road.

As per sale plan.

About

18,000

206

3,600

26th April, 1935.

R. M. HENDErson,

Director of Public Works.

1260

PUBLIC WORKS DEPARTMENT.

No. S. 130.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of May, 1935, at 3

p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

of Sale.

Registry No.

Locality.

Contents in

sq. feet.

Annual Upset Rent. Price.

N.

S.

E.

W.

feet.

feet. feet.

feet.

$

$

About

2

Inland Lot

No. 4178.

Near Inland Lot No. 1146, Peak Road.

As per sale plan.

6,300

116

1,575

26th April, 1935.

No. S. 55.

R. M. HENDerson,

Director of Public Works.

No. 3/1935.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square

red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 5 of 1935.

Notice of Public Examination.

Re Chan Kwan Mo (ZA)

of No. 227, Jaffe Road, (3rd flɔor), Victoria, in the Colony of Hong Kong, Jeweller and Silver Smith's Salesman.

1262

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 24 of 1932.

Re Robert George Witchell, of Airlie

Hotel, Kowloon, Clerk.

SECOND and Final dividend of $17.40 per cent has been declared in the above

matter.

NOTICE is hereby given that the Public

Examination of Chan Kwan Mo will NOTICE is hereby given that the above-

be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Friday, the 3rd day of May, 1935, at 10 a.m.

Dated the 26th day of April, 1935.

JAMES J. HAYDEN,

Official Receiver

In the Matter of the Companies Ordin-

ances 1911,

and

In the Matter of Maison Marnac Ltd.

(IN VOLUNTARY Liquidation)

NOTION is hereby given pursuant

to

Section 188 of the Companies Ordinance, 1911, that the Final Meeting of Members will be held at the offices of Messrs. Percy Smith, Seth and Fleming, No. 6, Des Voeux Road Central, (4th Floor), on Monday, the 27th day of May, 1935, at 12 o'clock noon for the purpose of receiving an account showing the manner

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 2nd day of May, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 26th day of April, 1935.

in which the winding-up has been conducted, N

and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determin- ing by Extraordinary resolution the manner in which the books, accounts and documents of the Company, and of the Liquidator thereof shall be disposed.

Dated this 26th day of April, 1935.

S. HAMPDEN ROSS,

Liquidator.

NOTICE.

NOTICE is hereby given that Canton

        Brothers Rubber Manufacturing Com- pany of No. 216 Hai Tan Street, Mongkok, Kowloon, in the Colony of Hong Kong, intend to transfer the business and goodwill of the said Canton Brothers Rubber Manufacturing Company of canvas shoe and rubber manufac- turers to Canton Brothers Rubber Company (1935) Limited a company about to be incor- porated whose registered office it is intended shall be situate at No. 216 Hai Tan Street, aforesaid. The said Canton Brothers Rubber Company (1935) Limited who intend to carry on the said business at No. 216 Hai Tan Street, aforesaid will not assume all the liabilities of

    Canton Brothers Rubber Manufacturing Com- pany.

Dated the 24th day of April, 1935.

JOHNSON, STOKES & MASTER, Solicitor for the Intended Transferee.

NOTICE

NOTICE is hereby given that the Power of Attorney dated the 22nd February, 1935, given by the undersigned Yuen Yue Keung alias Yuen Yue Keung Tong, together with Wong Wing Nin alias Tak Kee Tong and Lai Hoi Shan alias Hoi Shan Tong, in favour of Liu Ping Chun, of No. 13, Ilo Mun Tin Street, Kowloon, has been revoked so far as concerns any appointment made or power or authority thereby conferred by the undersigned.

Dated the 26th day of April, 1935.

YUEN YUE KEUNG.

JAMES J. HAYDEN,

Official Receiver.

In the Matter of the Companies Ordin-

ance, 1932

and

In the matter of The Asiatic Motor Car

Company, Limited.

(In Liquidation).

OTICE is hereby given in pursuance of

Section 234 of the Companies Ordin- ance, 1932, that a meeting of the Creditors of he abovenamed Company will be held at The Wah Ying Cheong Firm of No. 290, Des Voeux Road Central, Hong Kong, on Monday the 27th May, 1935, at 12 o'clock, noon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanations that may be given by the Liquidators, and also of determining the manner in which the books, accounts and documents of the Company, and of the Liquidators thereof shall be disposed.

Dated this 26th day of April, 1935.

(CHAN WAH YEW) 陳華耀

(CHAN WAH TAT)陳華達

Liquidators.

In the Matter of The Companies Ordi-

nance, 1932,

and

In the Matter of The Asiatic Motor Car

Company, Limited.

(IN LIQUIDATION)

NOTICE is hereby given in pursuance of

Section 234 of the Companies Ordinance,

1932 that a General Meeting of the Members of the above-named Company will be held at The Wah Ying Cheong Firm of No. 290, Des Vœux Road Central, Hong Kong, on Monday the 27th May, 1935, at 12 o'clock Noon, for the purpose of having an account laid before them showing

the manner in which the winding-up has been

conducted and the property of the Company disposed of, and of hearing any explanations that may be given by the Liquidators.

Dated the 26th day of April, 1935.

(CHAN WAH YEW) 陳華耀 (CHAN WAH TAT)陳華達

Liquidators.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Chun Nea Ching late of Lane 831, No. 7 Tientung Road, Shanghai, in the Republic of China deceased.

NOTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 23rd May, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 26th day of April, 1935.

N

DEACONS,

Solicitors for the Attorney Administrator,

1, Des Voeux Road Central,

Hong Kong.

NOTICE OF TRANSFER.

OTICE is hereby given that Chan Pik

Shan () of No. 70, Con-

naught Road Central, Victoria, in the Colony of Hong Kong, formerly carrying on business under the name or style of Kwong Nam Com-

pany (廣南公司) Shipping Mer-

chant, at No. 70, Connaught Road Central, Victoria aforesaid (hereinafter called the Trans- feror) has on the 2nd day of April, 1935, trans- ferred all the business of Kwong Nam Com- pany, together with the goodwill thereof, furni- ture and fixtures and other assets to Kwong Nam Company, Limited. whose registered office is situate at No. 70, Connaught Road Central, Victoria aforesaid (hereinafter called the Trans- ferees).

business at No. 70, Connaught Road Central, The Transferees are now carrying on the said

Victoria aforesaid, and will assume all the liabilities incurred by the Transferor in the said business prior to the said 2nd day of April, 1935.

Dated the 10th day of April, 1935.

DENNYS & CO.,

Solicitors for the Transferor and Transferees.

白告股退承

廿之理堂等黎承號和啟 七後人無情華受股製者 號作聲涉祈堂日份罐黎 交為明惟早後及著 易廢報該日有昌所股 清紙失股與將興有份己 楚並異份他該和溢今有 先準日部理股生利黎德 此期無經份意權華輔 聲一論已一權盈利堂道 承退明千何遺經利虧等志西

以九人失交等與一圖門 份股免百拾亦易與黎槪別牌 人人後卅得經之人華頂業三 建黎論五嗣向後揭堂與自百 業華 年經該與借無建願號 堂堂 四號建轇涉業將昌 啓 月報司業轕而堂該興

(FILE NO. 152 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

1263

(FILE No. 170 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that I. G. Farben: NOTIOR is hereby given that the Au Siu

       industrie Aktiengesellschaft of rancfort on Main, Gruneburgplatz, Germany, Manufac- turers have on the 30th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark : -

Cho Firm, of China Building, Queen's Road Central, Victoria, Hong Kong, has on the 16th day of April, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

TWO LAMBS

(FILE No. 109 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of Four Trade Marks.

OTICE is hereby given that Leung Yau Shing trading as The Kung Hing Firm, of No. 7, Tsung Sau Street East, Victoria, Hong applied for the registration, in Hong Kong, in Kong, has, on the 6th day of March, 1935

the Register of Trade Marks of the following four Trade Marks :-

(1)

SAFETY MATCHES

Tropex

in the name of I. G. Farbenindustrie Aktienge- sellschaft who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :-

Photographic papers in Class 39.

     A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of April, 1935.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

in the name of the Au Siu Cho Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 5 in respect of Bamboo steel, Plain Steel, Galvanized sheets and Yellow Metal Sheathing.

Dated the 26th day of April, 1935.

AU SIU CHO,

China Building,

Queen's Road Central,

Hong Kong.

·製監养

監號興公

(2)

SAFETY MATCHES

製藍號興公

(3)

(FILE NO. 164 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTIC is he Aktiengesellschaft of Grune-

OTICE is hereby given that I. G. Farben-

burgplatz, Francfort-on Main, Germany, Manu- facturers have on the 1st day of February, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Isopan

N

(FILE No. 165 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Man Ngai Knitting Factory, of Nos. 256 and 258, (Second Floors), Kilung Street, Shumshui- po, Kowloon, Hong Kong, Knitting Manufac- turers, have on the 15th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

-

廠造織藝民

牌魚人美

TRADE

MARK

** ** **

(4)

THE ROPE BRAND

in the name of I. G. Fabenindustrie Aktienge- sellschaft who claim to be the sole proprietors thereof.

    The Trade Mark has been used by the Ap- plicants in respect of :--

MAN NGAI KNITTING FACTORY

in the name of The Mau Ngai Knitting Factory, who claim to be the sole proprietors thereof.

Such Trade Mark has not been used by The Man Ngai Knitting Factory, in respect of the Photographic films sensitized in Class 1. goods mentioned in their application but it is

The said Trade Mark is to be associated with Trade Marks Nos. 317 of 1932 and 30 of 1935.

A facsimile of such Trade Mark can be seen

    at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of April, 1935.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central, Hong Kong.

their intention to use it forthwith in respect of Hosiery and Singlets, in Class 38.

Registration of this trade mark shall give no right to the exclusive use of the firm name in English and Chinese.

Dated the 26th day of April, 1935.

THE MAN NGAI KNITTING FACTORY, Nos. 256 and 258, Kilung Street, (2nd Floors), Shumshuipo, Hong Kong,

Applicants.

in the name of the said Leung Yau Shing trad- ing as The Kung Hing Firm, who claims to be the proprietor thereof.

The said Trade Marks are intended to be used forthwith by the Applicant in Class 47 in respect of Matches.

Registration of the above four Trade Marks shall give no right to the exclusive use of the

Chinese characters () "Kung

(公興號)

Hing Firm".

Registration of the second Trade Mark, shall give no right to the exclusive use of the

Chinese characters (FX), in com- bination or separately, except as exactly formed by the device of a rope as shown thereon. The Trade Marks Nos. (1), (2) and (4) are associated with one another.

Dated the 26th day of April, 1935.

A. EL ARCULLI, Solicitor for the Applicant, No. 10, Ice House Street, Hong Kong.

(FILE NO. 432 of 1933)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chrysler Cor-

        poration, a corporation duly organised and existing under the laws of the State of Delaware, doing business in the City of Detroit, County of Wayne, State of Michigan, United States of America, have on the 21st day of September, 1933, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

DODGE BROTHERS

      in the name of Chrysler Corporation, who claim to be the proprietors thereof.

       The Trade Mark has been used by the Ap- plicants since 12th November, 1914, in respect of the following goods :-

Automobiles and their structural parts,

in Class 22.

       The words "Dodge Brothers' have been declared to be distinctive by Order of His Excellency the Governor under Sectiou 9(5) of the Trade Marks Ordinance 1909.

Dated the 22nd day of March, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

Hồng Kong.

1264

(FILE No. 93 or 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Gunther

Wagner of Hanover, Germany, have on the 1st day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :

Pelikan

in the name of Gunther Wagner, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicats in respect of Stationery of all kinds and descriptions in Class 39.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of March, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 119 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sweets.

Federal Inc., U.S.A., of No. 36, Baikal Road, Shanghai, China, have on the 9th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BUBBLE GUM

香泡

糖泡

(FILE No. 91 of 1935,

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Java Flash-

N light Factory, of No. 23, Yen Chow

Street Shamshuipo, Kowloon, in the Colony of Hong Kong, have on the 1st day of March, 1935, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

SHEEP

BRAND

in the name of the said Java Flashlight Factory, who claim to be the proprietors thereof.

      The Trade Mark is intended to be used by the Applicants in respect of Flashlight in Class 8.

       Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 22nd day of March, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

(FILE No. 90 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given, that Success

Battery Company, of Nos. 15 to 19, Lai Chi Kok Road, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 1st day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :

SUCCESS

TRADE

MARK

WHEN CELLS ARE EXHAUSTED THEY SHOULD BE IMMEDIATELY REMOVED TO PREVENT CHEMICAL ACTION CAUSING THEM TO STICK IN THE CASE

GUARANTEE QUALITY AND SERVICE ARE IN THE HIGHEST DEGREE ARE COM BINS IN THE BATTERY AND IT IS GUARANTEED TO GIVE COM. FLETE SATISFACTION

SUCCESS

TRADE

No.

OK

MARK

200

SINGLE CELL FOR FLASHLIGHT

SUCCESS BATTERY CO

MADE IN HONG KONG

in the name of the said Success Battery Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Battery in Class 8.

The Applicants undertake not to use the mark in red and blue colours and that Regis- tration of this mark shall give no right to the exclusive use of the letters "O.K." either separately or in combination, the figures "No. 200" and all the words appearing on the mark with the exception of the word "SUCCESS".

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 22nd day of March, 1935.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

標商册註

TRADE MARK REGISTERED

in the name of Sweets, Federal Inc., U.S.A., who claim to be the sole proprietors thereof.

The above Trade Mark has been used by the Applicants since six months ago, in respect of chewing gum, candy confectionery, sugar, dried fruits, preserved meats and other sub- stances used as food or as ingredients in food excluding flour in Class 42.

Registration of this Trade Mark shall give no right to the exclusive use of the words "Bubble Gum" and the Chinese Characters

(泡泡香糖) appearing on the said

mark.

Facsimile of the above Trade Mark can be seen in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of March, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

ORDINANCES FOR 1934.

OUND volumes of Ordinances of

BOUND

Hong Kong, including Pro- clamations. Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

1

(FILE NO. 113 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Hong

       Kong Commercial Company, of No. 4a, Des Voeux Road Central, 2nd floor, Victoria, in the Colony of Hong Kong, Importers and Ex- porters have on the 7th and 8th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :·

THE HONGKONG COMMERCIAL CO.

1265

(FILE No. 108 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Four Trade Marks.

(FILE No. 118 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Ho Sin Chow NOTICE is hereby given that the Hing Lee

(f) trading as Ho Ka Om Medicine Company(何家菴藥行)

of Nos. 92 and 94 Tai Sun Road East, Canton, China, Manufacturer, has, by four applications all dated the 4th day of March, 1935, applied for he registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1) (2)

(3)

(4)

Hong, of No. 72, Bonham Strand East, Victoria, in the Colony of Hong Kong, have applied for the registration in Hong Kong, in the Register of Trade Marks, of the undermen- tioned Trade Marks (1) and (2) by Applications both dated 8th March, 1935, as amended in the case of (1) on the 20th March, 1935 :-

(1)

犀牛商標

RHINOCEROS BRAND

in the name of The Hong Kong Commercial Company, who claim to be the proprietors thereof.

      The above Mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of sole and upper leathers in class 37 and hemp seaming twine in Class 50.

     A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of March, 1935.

N

C. Y. KWAN,

Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

(FILE NO. 121 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Batten and

Company,(八達公司)of

China Building, Victoria, Hong Kong, Impor- ters and Exporters and General Merchants, have, by an application dated the 14th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRAIN

BRAND

   in the name of the said Batten and Company, who claim to be the proprietors thereof.

   The Trade Mark is intended to be used by the applicants forthwith in respect of Milk in Class 42.

Dated the 29th day of March, 1935.

BATTEN AND COMPANY,

Applicants.

鳳舞

仙艸油

英兜果

in the name of the said Ho Sin Chow trading as Ho Ka Om Medicine Company, who claims to be the proprietor thereof.

The said Trade Marks have been used by the applicant in respect of Patent Medicines in Class 3 for the last thirty years.

Dated the 29th day of March, 1935.

N

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant. St. George's Building, Hong Kong.

(FILE No. 112 or 1935)

TRADĖ MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Kor Lun Manufacturing Company, of No. 234 Shanghai Street, Ground floor, Yaumati in the Dependency of Kowloon, in the Colony of Hong Kong, Universal Providers, have on the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

in the name of The Kor Lun Manufacturing Company, who claim to be the proprietors thereof.

The above mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of perfumery and toilet articles in Class 48.

"L

The registration of this mark shall give the applicants no right to the exclusive use of the and the words 'Hang Lan Bing" appearing on the mark.

Chinese Characters 香蘭冰

A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of March, 1935.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

TRADE MARK

(2)

DO NOT HOLD IN HAND AFTER LIGHTING

(進行利興著

COUPLE FISHES BRAND TRADE MARK

BEST QUALITY FLASH LADY CRACKERS

HING LEE HONG

HONG KONG

MADE IN CHINA

in the name of the said Hing Lee Hong, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants forthwith in respect of Chinese Fire Crackers in Class 20.

Registration of Trade Mark No. 1 shall give no right to the exclusive use of the Chinese

characters (黃興利炮行) and the re-

gistration of Trade Mark No. 2 shall give no right to the exclusive use of the firm name

66

Hing Lee Hong" in English and Chinese.

Dated the 29th day of March, 1935.

N

RUSS & CO. Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

(FILE No. 55 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark,

OTICE is hereby given that Pal Blade Export Corporation, Limited, of Mon- treal in the Dominion of Canada, have on the 20th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BLU-STREAK"

in the name of Pal Blade Export Corporation, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the ap- plicants since November 1933, in respect of Cutlery aud Edge Tools, in Class 12.

Dated the 22nd day of February, 1935.

PAL BLADE EXPORT CORPORATION, LTD., c/o THE UNION TRADING CO., LTD., York Building, Hong Kong.

1266

FILE NO. 49 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that the Tsun Tsun

Confectionery of Nos. 3 and 5, Ship Street, (ground floor), Victoria, in the Colony of Hong Kong, have on the 29th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

(FILE No. 30 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Kwong Wing West, Hong Kong, Fire Cracker Merchants, Shing Firm, of No. 193, Des Voeux Road have on the 26th day of January, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

歡喜牌

FIRECRACKER MAKER

KWONG WAG SING

TCHEKAM KWONGCHOWAN

in the name of the Tsun Tsun Confectionery,

who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredient in food.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of February, 1935.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

ACTRESS OF JAYA

in the name of Kwong Wing Shing Firm, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants in respect of Fire Crackers in Class 20.

Registration of this trade mark shall give no right to the exclusive use of the representation of a female figure except as shown on the mark.

Dated the 22nd day of February, 1935.

KWONG WING SHING FIRM, No. 193, Des Voeux Road West, Hong Kong. Applicants.

(FILE No. 59 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Derick Rolfe Martin, of 21 Duke's Avenue ('anon's Park, Edgware in the County of Middlesex, England, on the 7th day of January, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

INTELEX

in the name of the said Derick Rolfe Martin, who claims to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in respect of Articles of Cloth- ing in Class 38.

*

This mark is to be associated with the "Intelex mark of pending application No. 467 of 1934.

Dated the 22nd day of February, 1935.

HASTINGS & CO.,

Solicitors for the Applicants,

Gloucester Building, 2nd Floor,

Hong Kong.

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year, Three months,

$18.00

(do.), (do.),

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lives and under,. Each additional line,

Chinese, per Character,

Repetitions,

$1.00 for Ist

$0.20 ƒ insertion.

5 cents.

Half price

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1268

Draft Bill.

No. S. 131.-The following Bill is published for general information:-

(C.S.O. 3255/15III).

A BILL

[No. 12-11.4.35.-1.]

Short title.

Amendment

of Ordinance No. 8 of

INTITULED

An Ordinance to amend the Immigration and Passports

Ordinance, 1934.

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

1. This Ordinance may be cited as the Immigration and Passports Amendment Ordinance, 1935.

2. Sub-section (3) of section 3 of the Immigration and Passports Ordinance, 1934, is amended by the substitution 1934, s. 3 (3). of the words "to the country of which he is a national"

for the words "to the country of his birth or citizenship." in the sixth and seventh lines.

Amendment

of Ordinance

No. 8 of

3. Sub-section (1) of section 4 of the Immigration and Passports Ordinance, 1934, is amended by the substitution 1934, s. 4 (1). of the words "to the country of which he is a national" for

the words "to the country of his birth or citizenship. the last two lines of that sub-section.

Amendment

of Ordinance No. 8 of 1934, s. 6.

Amendment of Ordinance No. 8 of

1934, s. 9 (d).

in

4. Section 6 of the Immigration and Passports Ordin- ance, 1934, is amended by the insertion of the words "all or any of the following persons, that is to say" after the words "on board" in the fifth line.

5. Paragraph (d) of section 9 of the Immigration and Passports Ordinance, 1934. is amended--

(1) by the insertion of the words "or in any British protectorate or protected State or any Territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty" after the word "dominions" in the fifth line.

(2) by the insertion of the words "in the United Kingdom" after the words "His Majesty's Government" in the twelfth line.

Objects and Reasons.

1. This Ordinance effects certain amendments in the principal Ordinance (No. 8 of 1934) which have been directed by the Secretary of State.

1269

2. Sections 2 and 3 of this Ordinance amend sections 3 (3) and 4 (1) of the principal Ordinance by providing for the return of a prohibited immigrant to his port of embarka- tion or to the country of which he is a national, instead of to his port of embarkation or to the country of his birth or citizenship, as such an immigrant might not be a national of the country in which he was born.

3. Section 4 of this Ordinance inserts certain words in section 6 of the principal Ordinance to make it clear that the liability to provide a free

free passage to the port of embarkation, imposed on the master, owner, agent and consignee, is both joint and several.

4. Section 5 of this Ordinance amends section 9 (d) of the principal Ordinance by validating the visas of officials. duly authorised to grant British visas in any British protectorate or protected State or any Territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty.

5. Section 5 of this Ordinance also amends section 9 (d) of the principal Ordinance by making it clear that the reference to His Majesty's Government is intended as a reference to His Majesty's Government in the United Kingdom.

April, 1935.

C. G. ALABASTER.

Attorney General.

1270

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 132.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 83 of 13.3.35.

Tender for Proposed Drainage

Depot Kowloon.

Messrs. Lai To Construction Co.

S. 94 of 29.3.35.

Messrs. Hop Hing & Son.

S. 115 of 12.4.35.

Tender for Filling in Area North of Prince Edward Road and East of Gram- pian Road.

Tender for Spectacles.

Messrs. The Hong Kong Optical

Co.

Messrs. Kin Lee & Co.

S. 84 of 13.3.35.

Tender for Main Block, new Government Civil Hospital.

3rd May, 1935.

W. T. SOUTHorn,

Colonial Secretary.

COLONIAL SECRETARY'S DEpartment.

No. S. 133.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

3rd May, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHOrn,

Colonial Secretary.

1271

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 134.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th April, 1935, as certified by the Managers of the respective Banks :--

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

CA

Chartered Bank of India, Australia and China

19,844,433

8,300,000*

Hong Kong and Shanghai Banking Corporation...

130,263,751

132,750,000†

Mercantile Bank of India, Limited...

1,754,568

1,350,000$

TOTAL

151,862,752

142,400,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £761,400.

† In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

3rd May, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 135.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

3rd May, 1935.

1121-1131

W. T. SOUTHORN,

Colonial Secretary.

1272

POLICE DEPARTMENT.

  No. S. 136.-In view of the approaching Jubilee Celebrations, it is hereby notified that His Excellency the Governor has given permission for Fireworks, not being unlawful fireworks, to be kindled, discharged or let off within the portions of the Colony enumerated in Part I of the following Table within the respective times set opposite such portions in such Part I, subject nevertheless to the exceptions, prohibitions and restrictions set out in Part II of the said Table.

Part I.

TABLE.

Portion of the Colony.

(Subject nevertheless to the exceptions and prohibitions and restrictions set forth in Part II of this Table).

In the Island of Hong Kong:-

Permitted times.

and 8th May, from 8 a.m.

to 10 a.m.

(1) All that area within and bounded by a line (1), (2), (3), (4). On 6th, 7th

from the entrance to the Royal Naval Hospital in Queen's Road East to Kennedy Road, along Kennedy Road to a line running immediately behind and parallel to Hing Wan Street, thence along this line to Stone Nullah Lane, down Stone Nullah Lane to Queen's Road East, along Queen's Road East to Tai Yuen Street by Tai Yuen Street and O'Brien Road to Gloucester Road, along Gloucester Road to Stewart Road, and thence by Stewart Road and Heard Street to the boundary of the Public Works Department Store.

(2) All the area within and bounded by Leighton Hill Road, to Caroline Road, to Shaukiwan Road, along Eastern Hospital Road, to Tai Hang Road, along Tai Hang Road to Stubbs Road, to Morrison Gap Road, to Morrison Hill Road, and back to Leighton Hill Road.

The streets and roads or portions thereof, as the case may be, through which boundary lines pass are included within the areas.

In Kowloon :-

(3) All that portion of the Kowloon Peninsula

south of Austin Road.

(4) The area within (and including) the following

boundary,--

Nathan Road from Austin Road to Boundary Street, thence Boundary Street to the Railway Line, thence the Railway Line to the Northern end of Kowloon Tong, thence Cornwall Road to Waterloo Road, thence Waterloo Road to Prince Edward Road, thence Prince Edward Road to Argyle Street, thence Argyle Street to Waterloo Road, thence Waterloo Road to No. 4 Railway Bridge, thence the Railway Line to Chatham Road, thence Chatham Road to Austin Road.

The whole of Jordan Road is included within the boundary.

1273

Part I-Continued.

TABLE-Continued.

Portion of the Colony.

(Subject nevertheless to the exceptions and prohibitions and restrictions set forth in Part II of this Table).

In the Colony :-

(5) Elsewhere in the Colony.

l'ermitted times.

(5) On 6th, 7th and 8th May, at

all times.

Part II.

EXCEPTIONS, PROHIBITIONS AND RESTRICTIONS.

No firework shall be discharged within the following area :-

All that area within and bounded by a line along the whole of Ko Shing Street to its western end or junction with Des Voeux Road West, thence along Des Voeux Road West to its junction with Centre Street, thence along Centre Street to its junction with Bonham Road, thence, along and including Bonham Road to a point found by producing the eastern boundary of Pound Lane, thence to and along and including Pound Lane, thence along and including Hollywood Road to its junction with Queen's Road West, thence along Queen's Road West to its junction with Queen's Street, thence along Queen's Street to its junction with Ko Shing Street, the point of commencement. The course of the said line is such that boundary streets and roads not specifically included in the area lie outside it.

No firework shall be discharged in any street where a procession is actually passing.

  No burning firework or other fire shall be thrown above the head, or near any person or inflammable material, and every reasonable precaution must be taken against accident.

  The kindling, discharge or letting off of fireworks in or in the vicinity of places of Christian Worship during Divine Service is prohibited.

The firing of Bombs, "Electric" crackers and "Golden Coin" crackers is strictly prohibited.

  With reference to the permission hereby notified attention is drawn to the rule set forth in Government Notification No. 79 published in the Government Gazette dated 10th February, 1933, "No person shall make, sell, or have in his possession any firework which explodes on impact, or which contains any explosive ingredient or mixture other than black gunpowder, charcoal, sulphur, saltpetre, aluminium and potassium perch- lorate, or which has in any single container thereof more than 10 grains of any explosive mixture in which potassium perchlorate is an ingredient".

  Occupiers of premises are warned as to their liability under the Summary Offences Ordinance, 1932, in particular in respect of any unlawful firing or throwing of fireworks at, on or from their premises.

  The Police have strict orders to summon or arrest persons firing fireworks in contra- vention of the foregoing permission and rule.

3rd May, 1935.

D. BURLINGHAM, Inspector General of Police.

1274

一九三五年五月六七八號一連三天由上午八點至上午十點止

凡燃著之爆竹或別種燃著之物不得抛過人頭上或抛近人身或擲近 惹火之物又須極力提防以免有意外之事

(五)香港九龍其他各處准放爆竹時間如下

一九三五年五月六七八號一連三天無論何時皆可

敎堂附近於該敎堂叙集祈禱演講時不准燃放爆竹

第 二 項

下開地界內不准燃放爆竹

由高陞街起一直線至其西便街尾止卽該街與德輔道西會合處復由 該處沿德輔道西直至與正街會合處止又由正街起直至般含道止又 沿般含道(該道亦包括在内)直至磅里東便直線與般含道相接連之 處由此里通至荷理活道與皇后大道西交界處又由皇后大道西至與 皇后街交界處又由皇后街至高陛街止(即此界線之起點)爲界週圍 所包括之地方

界線之街道其未聲明作爲界内者均作界外計

不得在會景遊行時之街道上燃放爆竹

控告

凡地雷炮電光炮金錢炮均嚴禁燃放

居民人等對於特准燃放爆竹須注意一九三三年二月十日第七十九 號憲示所載各章程茲將該章程開列於

凡爆竹烟花如係一觸即炸者或含有爆炸原料而非衹黑火堅炭硝 磺鋁及鹽鉀等混合質者又或每一藥引含有鹽鉀之爆炸混合質重量 超過十英釐者無論何人均不得製造售賣或存貯

凡居民人等燃放及拋擲爆竹如有違例之處均可按照一千九百卅二 年簡易罪名則例控告

又經嚴令警察對於燃放爆竹烟花如有違犯上開章程者定必拘拿或

一千九百卅五年

111

-

1275

警察總監鮑 佈告事現奉

計 開

督憲令開英皇銀禧紀念盛典將屆特准本港居民人等於下開時間表

内第一項所列地方依照該項規定之時間燃放爆竹(惟違例之爆竹 烟花則不在特准之内)仍須遵照該表内之第二項各限制章程辦理 等因奉此合行佈告俾衆週知此佈

一項

特准燃放爆竹地界如下(惟仍須遵照本表第二項各限制章程辦理)

香港方面

(一)由皇后大道東海軍醫院門前起至堅尼地道沿堅尼地道至慶雲 街後便落石水渠街至皇后大道東沿皇后大道東至太原街沿太

原街及柯擺連道至高士打道沿高士打道至史多域道復沿史多

域道及克街至工務局貨倉止爲界週圍所包括之地方

(二)由禮頓山道起至加路連道復至筲箕灣道沿東華醫院道至大坑 道沿大坑道至史塔士道復至馬禮遜山峽道及馬禮遜山道轉回 禮頓山道止爲界週圍所包括之地方 上開界邊街道或其一部份均作界内計 九龍方面

(三)九龍半島柯士甸道以南各處地方 (四)下開界内各處(界邊街道亦計在内)

由柯士甸道沿彌敦道至界限街由界限街至鐵路由鐵路至九龍 塘之北盡頭處轉至康和道窩打老道由窩打老道至英皇子道再 至亞皆老街由亞皆老街復至窩打老道由窩打老道至鐵路第四 號橋再由鐵路至漆咸道復由漆咸道至柯士甸道止爲界週圍所 包括之地方

佐頓道全條計在界内

以上界内各處准燃放爆竹時間如下

-

1276

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 137.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Reinforced Concrete Gantries in Carriage Shed", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 14th day of May, 1935, on behalf of the Kowloon-Canton Railway (British Section).

Drawings may be seen and the Specification and full particulars obtained by appli- cation to the Railway Head Office, Kowloon, on the deposit of a fee of $25, which will be refunded on the submission of a bona fide tender together with the return of the Specification intact. The deposit receipt must be attached to the tender.

The Contractor must attach to his tender the Schedule of Quantities and Prices, which shall be fully filled up and shall set forth the items of which such estimate is composed, and shall contain his complete estimate.

The successful tenderer will be required to sign a formal contract in the usual form of Government Contracts and to give security for the sum of $1,000 in cash to be deposited with the Colonial Treasurer for the due and faithful performance of the terms of such contract.

The Government does not bind itself to accept the lowest or any tender.

3rd May, 1935.

R. D. WALKER,

Manager & Chief Engineer.

PUBLIC WORKS DEPARTMENT.

No. S. 138.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for New Quarters for Ambulance Dresser, Sham Shui Po Fire Station ", will be received at the Colonial Secretary's Office until Noon of Monday, the 20th day of May, 1935. The work consists of the erection of Quarters, Two rooms, Kitchen, Bath and W. C. in brickwork Shanghai Plastered with a concrete roof for an Ambulance Dresser at Sham Shui Po Fire Station.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

3rd May, 1935.

R. M. HENDERSON,

Director of Public Works.

1277

PUBLIC WORKS DEPARTMENT.

No. S. 139.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Eastern Pumping Scheme-Covered Service Reservoirs at Middle Gap and Mount Cameron ", will be received at the Colonial Secretary's Office until Noon of Monday, the 20th day of May, 1935. The work consists of constructing two covered concrete service reservoirs and contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

3rd May, 1935.

R. M. HENDERson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 140.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 20th day of May, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

in

Contents Annual Upset

Sale.

Sq. feet.

Rent. Price.

N.

S.

E.

W.

feet. feet. feet.

feet.

$

About

1

Kowloon Inland Lot No. 3582.

Lai Chi Kok Road,

As per sale plan.

5,040

92

22,680

Tai Kok Tsui.

3rd May, 1935.

R. M. HENDERSON,

Director of Public Works.

42

No. 141.

1278

NOTICE TO MARINERS.

No. 35/1935.

LIFE SAVING APPLIANCES.

LIST OF APPROVED MANUFACTURERS IN HONG KONG.

With reference to Notice to Mariners No. S. 234 published in Government Gazette No. 31 of 10th July, 1931, the following have been approved as Manufacturers of the Hong Kong Standard Life Jackets and Lifebuoys.

Messrs. TUNG HING, 5, Shan Tung Street, 3rd Floor, Mongkok, Kowloon.

Harbour Department,

2nd May, 1935.

No. S. 55.

G. F. HOLE,

Harbour Master, &c.

No. 3/1935.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road,, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c

1

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Intended Dividend.

No. 8 of 1921.

Re Luca Leonardo da Silva, of Victoria,

in the Colony of Hong Kong, Clerk.

FOURTH and final dividend is intended

to be declared in this matter. Creditors who have not proved their debts by the 6th day of June, 1935, will be excluded.

A

No. 39 of 1933.

Re Tat Fat Bank, of No. 61, Bonham Strand East, Victoria, in the Colony of Hong Kong.

FIRST and final dividend is intended to

be declared in this matter.

     Creditors who have not proved their debts by the 3rd day of June, 1935, will be ex- cluded.

Dated the 3rd day of May, 1935.

N

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT

OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 20 of 1935.

In the Matter of Hongkong and Wham-

poa Dock Company, Limited,

and

In the Matter of The Companies Ordin-

ance 1932.

OTICE is hereby given that the Order

of the Supreme Court of Hong Kong, dated the 29th day of April, 1935, confirming the reduction of capital of the above-named Com- pany from $10,000,000.00 to $7,294,400.00 and the Minute approved by the Court showing with respect to the capital of the Company as altered the several particulars required by the above mentioned Ordinance was Registered by the Registrar of Companies on the 30th day of April, 1935.

Dated this 1st day of May, 1935.

DEACONS,

SOLICITORS FOR HONGKONG AND WHAMPOA DOCK COMPANY, LIMITED.

1281

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of William MacDonald late

(FILE No. 162 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

of The Firs, Dores Road, Inverness, NOTICE is hereby given that The World

in the County of Inverness, Scot- land, Retired Chinese Maritime Customs Officer, deceased.

NOTICE is hereby given that the Court has,

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 30th May, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 1st day of May, 1935.

N

DEACONS,

Solicitors for the Executors, 1, Des Voeux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Maria May, late of Broke Halstead in the County of Kent, England, Widow, deceased.

OTICE is hereby given that the Court has by virtue of the provisions of Section 58 of the Probates Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 28th day of May, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 1st day of May, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building, Ice House Street, Hong Kong.

Light Factory of No. 26, Fook Chuen Heung Street, Shumshuipo, Hong Kong, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

GLOBE BRAND AZ

in the name of The World-Light Factory who claim to be the sole proprietors thereof.

The said Trade Mark has been used by The World-Light Factory in respect of Hurricane Lanterns (metal) in Class 13.

Registration of this mark shall give no right to the exclusive use of the Chinese characters

() appearing thereon.

Dated the 3rd day of May, 1935.

THE WORLD-LIGHT FACTORY 26, Fook Chuen Heung Street, Shumshuipo, Hong Kong. Applicants.

(FILE No. 163 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Shun Cheong Hong of No. 171, Des Voeux Road Central, Hong Kong, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

商標

紙鳶

SCH

KITE NO1/BRAND

TRADE MARK

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Lady Maria Christine Chater late of Marble Hall", No. 1, Conduit Road, Victoria, in the Colony of Hong Kong, Widow, deceased.

OTICE is hereby given that the Court

N has, by virtue of the provisions of

Section 58 of Ordinance No. 2 of 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 26th day of May, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 3rd day of May, 1935.

DEACONS,

Solicitors for the Executors,

1, Des Voeux Road Central, Hong Kong.

N

NOTICE

OTICE is hereby given that by mutual consent the interest and responsibility

of Frederick Newman Matthews, F.C.A., in the business of Lowe, Bingham & Matthews, Char- tered Accountants Hong Kong Office, ceased as on 1st Februar 1935; the practice in the Colony and District will continue to be carried on under the present name and style by John Fleming, C.A., and Archibald Ritchie, C.A., and

SCH

NOI

池電

製監行昌信港香

SHUN CHEONG HONG, HONG KONG

in the name of The Shun Cheong Hong who claim to be the sole proprietors thereof.

The said Trade Mark has been used by The Shun Cheong Hong in respect of Flashlight

NOTICE is hereby given that the responsi-Cells and Batteries in Class 8.

bility and liability of John Fleming, C.A., and Archibald Ritchie, o.A., in the busi- ness of Lowe, Bingham & Matthews, Chartered Accountants, at Shanghai, Tientsin Peiping and London, ceased as on 1st February, 1935; the practice in these places will continue to be carried on under the present name and style by Frederick Newman Matthews, F.C.A., Ernest Frost Hardman, C.A., Henry Rennie Cleland, C.A. and Arthur John Kane, A.C.A.

LOWE, BINGHAM & MATTHEWS, Chartered Accountants.

Hong Kong, 30th April, 1935.

Registration of this trade mark shall give no right to the exclusive use of the letters "SCH" either in combination or separately and of the abbreviation and figure "No. 1" appearing

thereon.

The applicants must undertake not to use the mark in Colours Red, White and Blue.

Dated the 3rd day of May, 1935.

THE SHUN CHEONG HONG 171, Des Voeux Road Central, Hong Kong. Applicants.

(FILE No. 149 or 1935)

TRADE MARKS ORDINANCE, 1909,

Application for Regisiration of a Trade Mark.

N

OTICE is hereby given that Poon Chi On (#) of No. 577, Shanghai

Street, Kowloon, Hong Kong, has, by an ap- plication dated the 1st day of April, 1935, ap- plied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

1282

(FILE No. 123 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Nugget Burlington Lane, Chiswick, London, W., Eng- land, Manufacturers, have, by an application dated the 29th day of January, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Mark:-

Polish Company (Sales) Limited, of

(FILE No. 122 of 1935):

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that the National Lacquer and Paint Products Company, Limited, of North Point, Hong Kong, Manu- facturers, have, by two applications all dated the 14th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

司公限有油漆煉製民國

GLOBE 愛

BRAND

in the name of the said Poon Chi On, who claims to be the proprietor thereof.

The said Trade Mark has been used by the Applicant in respect of Chemical substances prepared for use in Medicine and Pharmacy in Class 3.

Dated the 5th day of April, 1935.

N

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicant, St. George's Building, Chater Road,

Hong Kong,

(FILE No. 24 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered under the Laws of Japan having a branch office at No. 5, Ice House Street, Victoria, in the Colony of Hong Kong, on the 4th day of April, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following amended Trade Mark, viz:-

永不脫色

【脫]

【漢星金

in the name of the said Mitsui Bussan Kaisha

    Limited, who claim to be the proprietors thereof.

    The Trade Mark has been used by the Appli- cants in respect of Woollen Cloths in the piece in Class 34.

Dated the 5th day of April, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, (2nd Floor),

Hong Kong.

in the name of The Nugget Polish Company (Sales) Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants and their predecessors in business since the year 1899 in respect of Polishing and Mops and Cloths specially prepared for polish- cleaning preparations and materials, Brushes, ing purposes, Leather Dressings and Preserva- tive Oils for leather goods in Class 50.

This Trade Mark is associated with Trade Mark No. 25 of 1910.

Dated the 5th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Hong Kong.

(FILE No. 124 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that The Beldam Packing Rubber Co., Limited, of 16, Gracechurch Street, London, E.C., England, Manufacturers, have, by two applications dated the 5th day of February, 1935, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz :-

(1) PILOT

(2)

SERPENT

in the name of The Beldam Packing & Rubber Co., Limited, who claim to be the proprietors thereof.

The Trade Mark No. 1 has been used by the applicants since September, 1904, in respect of Engine and Machine packings; and Jointings in Class 50.

The Trade Mark No. 2 has been used by the Applicants since June, 1903, in respect of Engine and Machine packings; and Jointings

in Class 50.

Dated the 5th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Chater Road,

Hong Kong.

THE NATIONAL LACQUER & PAINT PRODUCTS CO., LTD.

HONG KONG.

(2)

司公限有油漆煉製民國

BRUSH

#

BRAND

***

THE NATIONAL LACQUER & PAINT PRODUCTS CO., LTD. HONG KONG,

in the name of the said National Lacquer and Paint Products Company, Limited, who claim to be the proprietors thereof.

The above Marks have not hitherto been used by the applicants but it is their intention to use same forthwith in respect of Lacquers and Paints in Class 1.

These two marks are associated with each other and that Registration of the "

'Globe " and Brush Mark shall give no right to the exclusive use of the representation of a brush, of the word Brush and of the Chinesee Red Brush".

44

Characters for

C

17

Dated the 5th day of April, 1935.

THE NATIONAL LACQUER AND PAINT PRODUCTS COMPANY, LIMITED, Applicants.

THE

TRADE MARKS ORDINANCE (No. 40 of 1909) Price $1.00 per copy

obtainable at

Noronha and Company Government Printers

(FILE No. 63 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Yick Mow Firm() of No. 282

Queen's Road West, (ground floor), Victoria, in the Colony of Hong Kong, have on the 14th day of February, 1935, applied for the regis- tration in Hong Kong in the Register of Trade Marks of the following Trade Mark :--

in the name of the said Yick Mow Firm, who claim to be proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Tea in Class 42 for over 10 years.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, Hong Kong, and of the undersigned.

Dated the 1st day of March, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

(FILE No. 53 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Yeung To

1283

(FILE No. 65 of 1935)

TRADE MARKS ORDINANCE, 1909.

NOT

Application for Registration of a Trade Mark.

OTICE is hereby given that Stanco Incor- porated, Wilmington, Delaware, United States of America, Manufacturers and marke- ters of petroleum specialty products, have, ou the 18th day of February, 1935, applied' for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CRAX

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 16th July, 1934, in respect of the following goods :-

Chemical, medicinal, and pharmaceuti- cal preparations, lotion for the treat- ment of athlete's foot, in Class 3.

Dated the 1st day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

(FILE No. 52 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

"OTICE is hereby given that The Polylock

Drug Company (保爾樂大 ) of No. 35, Queen's Road Central,

1st floor, Victoria, in the Colony of Hong

Ling() of No. 14, Lun Kong, have, on the 31st day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Fat Street, Victoria, in the Colony of Hong Kong, on the 2nd day of February, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

丹痛止應萬

摽商雀孔

Trade Mark:

祛風

-

MERRY MOTHER

TRADE

MARK

AP

(FILE No. 7 OF 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that A. A. Tari- walla & Co. of 43, Wyndham Street, Hong Kong, on the 11th February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

in the name of the said A. A. Tariwalla & Co., who claim to be proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8 in respect of Flash- light Lamps and Batteries.

Representations of the Trade Mark are de- posited for inspection in the office of the Regis-

trar of Trade Marks.

Dated the 1st day of March, 1935.

A. A. TARIWALLA & CO., 43, Wyndham Street, (First Floor)

Hong Kong. Applicants.

Trade and Shipping Returns for the month of March, 1935.

YOMPILED by the Statistical

CON

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers.

18, Ice House Street.

製糖

in the name of Yeung To Ling

of.

↑ HAPPY CHILD

AN INFANTS TONIC

FATTIGEN

in the name of The Polylock Drug Company,

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants forthwith in Class 3 in respect of medicated articles.

Registration of this Mark shall give no

who claims to be the proprietress there right to the exclusive use of the Chinese

   The Trade Mark has been used by the Ap- plicant in respect of Medicine in Class 3 since 1915.

   Registration of this Trade Mark shall give no right to the exclusive use of all the Chinese Characters appearing on the mark with the exception of "" meaning "peacock".

Dated the 1st day of March, 1935.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicant, St. George's Building, Hong Kong.

Characters (保爾樂肥兒精) and that Registration of this mark is limited to the Colours exactly as shown on the mark attached to the application for registration deposited with the Registrar of Trade Marks.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 1st day of March, 1935.

LEO D'ALMADA & CO., Solicitors for the Applicants, No. 67 Des Vœux Road Central,

Hong Kong.

The Hong Kong

Government Gazette

Local Subscription. Per annum (payable in advance),. Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,... Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1.00 $0.20

for let insertion.

5 cents.

Half price.

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

?

NOTICE

1284

(FILE No. 110 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

VOTICE is hereby given that British-American Tobacco Co. Ltd., whose registered office is situated at Westminster House, 7, Millbank, London, S.W. England, Tobacco Manufacturers, have on the 6th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks :-

BACHELOR

PLAYER'S

CLIPPER

(1)

(2)

BACHELOR

John Dazer Low Pingland

CLIPPER

TRADE

NOTTINGHAM CASTLE

John Player & Sons. England

in the name of British-American Tobacco Co. Ltd., who claim to be pro- prietors thereof.

The Trade Marks are intended to be used by the Applicants in respect of manufactured tobacco in Class 45.

These two marks are associated with each other and with Trade Mark 105p of 1900.

of 1906.

"Player's Clipper" Mark is also associated with Trade Mark No. 216

Representations of the Trade Marks are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 5th day of April, 1935.

BRITISH-AMERICAN TOBACCO CO. LTD.,

E. O. DRAKE, Attorney,

P. & O. Building, Connaught Road Central.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1

!

1286

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 142.-The following Bills are published for general information :-

A BILL

[No. 13:-18.4.35.-1.]

Short title.

Amendment

No. 39 of

INTITULED

An Ordinance to amend the Companies Ordinance, 1932.

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

1. This Ordinance may be cited as the Companies Amendment Ordinance, 1935.

2. Sub-section (2) of section 93 of the Companies of Ordinance Ordinance, 1932, is amended by the deletion of the brackets immediately preceding the proviso thereto and of all the words and characters within such brackets.

1932, s. 93 (2).

Objects and Reasons.

1. This amending Ordinance deletes a provision in section 93 (2) of the Companies Ordinance, 1932 (No. 39 of 1932) which is no longer considered necessary and the deletion of which has been suggested, through H.M. Minister to China, by the Secretary of State for Foreign Affairs.

April, 1935.

C. G. ALABASTER,

Attorney General.

1287

[No. 10 -6.4.35.-.2]

A BILL

INTITULED

An Ordinance to provide for the segregation and treatment

of lepers.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Lepers Ordinance, Short title. 1935.

appoint

2. It shall be lawful for the Governor in Council to Governor in appoint such places as he shall think fit to be leper settle- Council may ments for the segregation and treatment of lepers; and every places to such settlement shall comprise such area as the Governor be leper shall define by proclamation.

settlements.

3. It shall be lawful for the Governor in Council to Regulations. make regulations for any of the following purposes :-

(1) the inspection, examination, and removal of lepers to a leper settlement;

(2) the proper management and sanitation of leper settlements;

(3) the discipline and good order of the inmates of leper settlements;

(4) the provision of hospital accommodation, out-patient clinics and other facilities for the medical treatment and care of lepers;

(5) generally, for the better carrying out of the provisions of this Ordinance, and for the well-being of leper settlements and the inmates thereof.

Every person acting in contravention of any regulation shall upon summary conviction be liable to a fine not exceeding fifty dollars, or to imprisonment for any term not exceeding one month.

cases of

4. If it shall be brought to the notice of the Director Inquiry into of Medical and Sanitary Services that any person is alleged alleged to be, or is suspected of, suffering from leprosy, he may leprosy. cause an inspection and examination of the person to be held of such nature as may be prescribed by regulations made under section 3, or if there be no such appropriate regulation then of such nature as he may deem sufficient.

5.-(1) If after such inspection and examination the Segregation Director of Medical and Sanitary Services finds the person if D.M S.S. to be a leper and deems it necessary that he should be considers it segregated, he may order the removal of the leper to, and his detention in, a leper settlement.

necessary.

........ ... -

Lepers not to leave settlement without permission.

Prohibition of leper

1288

(2) The Director of Medical and Sanitary Services shall not make such order if in his opinion the leper is able to provide for himself effective isolation and medical treatment elsewhere and if the leper undertakes to secure such isolation and treatment and to abide by such directions as the Director of Medical and Sanitary Services may prescribe.

(3) In the event of any disregard or breach of such undertaking or directions the Director of Medical and Sanitary Services may at any time order the removal of the leper to and his detention in a leper settlement.

6. No person detained as a leper in a leper settlement shall leave the settlement without the permission in writing of the officer in charge, and every person acting in contraven- tion of this section may be arrested by any police officer, or by any officer or servant of the settlement, without warrant and conveyed forthwith to the settlement.

   7.-(1) No person, not being a subject of His Majesty, imnugation. Suffering from leprosy shail enter the Colony without a permit

from the Director of Medical and Sanitary Services.

Appointment and duties of visiting justices.

Repeal of Ordinance No. 24 of 1910.

The Governor in Council may by order prohibit any leper, not being a subject of His Majesty, who is found. within the Colony without such permit, or after any period of residence allowed by such permit has expired, and who cannot show that he has contracted the disease in the Colony, from residing or being within the Colony for such period as the Governor in Council may think fit. The Governor in Council may by the same or any subsequent order direct his- departure and fix the time for his departure from the Colony.

(3) The leper named in such order shall be detained in the custody of the police until he leaves the Colony and any such order shall be sufficient authority to all police officers to effect his expulsion by any convenient vessel or train as often as may be found necessary.

8.-(1) The Governor shall appoint, with their consent, justices of the peace to be visitors of leper settlements for periods to be specified in such appointments.

(2) Such visitors shall be at liberty to enter any such settlement at all times and shall make such enquiry or examination therein as may be deemed necessary and shall render such reports to the Colonial Secretary as they think fit or as may be required by the Governor.

9. The Lepers Ordinance, 1910, is repealed.

Objects and Reasons.

1. This Ordinance repeals the Lepers Ordinance, 1910, and substitutes a new Ordinance in its place. It results from the Report of the Committee on Lepers dated the 11th January, 1935, which was presented to the Legislative Council as Sessional Paper No. 1 on the 14th February, 1935.

1289

2. By section 2 the Governor in Council may appoint places to be leper settlements. The former provision in section 2 of Ordinance No. 24 of 1910 forbidding private asylums has not been re-enacted as it is intended to entrust the management of leper settlements to suitable missionary or philanthropic bodies.

3. Section 3 enables the Governor in Council to make regulations for the better carrying out of the provisions of the Ordinance, and for the well-being of the leper settle- ments and the inmates thereof.

4. This Ordinance does not expressly make leprosy a notifiable disease as sufficient provision for that purpose is made by the powers conferred on the Governor in Council by section 8 (2) (b) of the Public Health (Quarantine and Prevention of Disease) Ordinance No. 12 of 1935 which is to be brought into force shortly by Proclamation. Under section 2 of that Ordinance leprosy is included in the definition of "disease".

5. Section 4 deals with inquiries into cases of alleged leprosy.

6. Section 5 deals with segregation in cases where the Director of Medical and Sanitary Services deems it necessary. It is now realised that segregation is not essential in all cases of leprosy which by modern methods of treatment may be cured at an early stage and mitigated at all stages.

7. Section 6 provides that when lepers are detained in the settlements they shall not leave without the written permission of the officer in charge.

8. Section 7 controls alien leper immigration.

9. Section 8 deals with the appointment of Justices of the Peace as visitors of leper settlements.

10. A Table of Correspondence between the new and the repealed Ordinance is attached.

11. Viewed generally the new Ordinance gets away from the idea that a leper settlement or asylum is to be regarded as a prison and regards it instead as a centre for treatment and as a retreat for severe cases or those who are deserted by their relatives. Magisterial powers are not given to the persons in charge of the settlements as it is considered safe for leper offenders to be brought before ordinary tribunals. Should it be found necessary, in any particular case where isolation is necessary, to impose a term of imprisonment. arrangements can now be made for such isolation in prison.

April, 1935.

C. G. ALABASTER,

Attorney General.

1290

TABLE OF CORRESPONDENCE

Between the new Ordinance and the Ordinance it replaces.

New Ordinance

Ordinance No. 24 of 1910

section.

section.

1

1

Short title.

2

2

3

13

7

5 (1)

8.

5 (2)

9 (1)

5 (3)

9 (2)

6

10

Remarks.

"settlements" for "asylums". Last sent- ence forbidding private asylums omitted.

"settlements" for "asylums" throughout, paragraphs (4) and (5) of old Ŏrdin- ance omitted and a new paragraph (4) inserted.

Redrafted.

omitted.

References to Governor D.M.S.S. for P.C.M.O.

First part redrafted. Proviso omitted.

Redrafted.

Redrafted.

"or by any officer or servant of the settle-

ment' added.

"without a permit from the D.M.S.S."

added.

7 (1)

14 (1)

7 (2)

14 (2)

Redrafted.

7 (3)

14 (3)

8

16

9

Redrafted to avoid necessity for fresh orders on a return in breach of an original order.

Redrafted.

Repeal of No. 24 of 1910.

3

was repealed in 1912.

4, 5, 6,

omitted-considered unnecessary.

11, 12,

13 (4),

13 (5)

and 15

?

- 1291

[No. 14-23.4.35.-2.]

A BILL

INTITULED

An Ordinance to prevent the making, issuing and circulating

of pieces of metal usually called tokens.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Tokens Ordin- Short title. ance, 1935.

of tokens.

57 Geo. 3, c. 46, s. 1.

2. No piece of metal or mixed metals, not being money, Prohibition shall be made, issued or circulated in the Colony as a token 62 Geo. 3, for money, or as purporting that the bearer or holder thereof c. 157, s. 1. is entitled to demand any value denoted thereon, either by letters, words, figures, marks or otherwise, whether such 33 & 34 value is to be paid or given in money, goods, fares or services, or in any manner whatsoever.

3. Every person who acts in contravention of section shall be liable on summary conviction to a fine exceeding two hundred dollars.

Vict. c. 10, s. 5.

this Penalty. not Vict. c. 10,

33 & 34

s. 5.

Objects and Reasons.

1. The object of this Ordinance is to make it clear that the manufacture, issue and circulation in the Colony of pieces of metal, not being money, as tokens for money is prohibited.

2. The importation and circulation of silver, nickel,、 copper and bronze coins is regulated by Ordinances No. 15 of 1913, and No. 11 of 1912.

3. The right to authorise the issue of metallic tokens as money or as the equivalent of money is a prerogative of the Crown recognised by common law, but now for the most part regulated by statute or Order in Council (see 6 Hailsham's Halsbury p. 548 and the Encyclopaedia of the Laws of England Vol. 14 p. 130).

4. The private issue of tokens has long been forbidden. in the United Kingdom and Statutes to that effect are now consolidated in section 5 of the Coinage Act 1870 (33 & 34 Vict. c. 10). That Act is not in force in the Colony, but two Statutes it replaced, namely 52 Geo. 3, c. 157 and 57 Geo. 3, c. 46, are apparently in force by virtue of section 5 of Ordinance No. 3 of 1873. These Statutes made it an offence to issue or circulate pieces of metal usually called

tokens.

1292

5. It seems desirable, especially as doubts have been expressed on the subject, that the position should be clarified by express provision in a local Ordinance on the lines of the two Statutes of George 3, and of section 5 of the Coinage Act, 1870.

April, 1935.

C. G. ALABASTER,

Attorney General.

I

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 143.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from

the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

10th May, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

1292

5. It seems desirable, especially as doubts have been expressed on the subject, that the position should be clarified by express provision in a local Ordinance on the lines of the two Statutes of George 3, and of section 5 of the Coinage Act, 1870.

April, 1935.

C. G. ALABASTER,

Attorney General.

I

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 143.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from

the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

10th May, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

1293

HARBOUR DEPARTMENT.

  No. S. 144. It is hereby notified that sealed tenders in quintuplicate which must be clearly marked "Tender for the supply of a Steam Single Screw Teak Launch for Police Services", will be received at the Colonial Secretary's Office until noon on Friday, 31st May, 1935.

The vessel 55'-0"B.P. x 11'9" Mld x6'-0" Mld. is to be built in accordance with guidance plans and specification prepared by the Government Marine Surveyor, and tenders are to be strictly in accordance therewith.

  The sum of $50 will be required to be deposited with the Hon. Colonial Treasurer, and on production of the receipt, a set of plans and specification can be obtained at the Offices of the Government Marine Surveyor. This deposit will be released upon the receipt of a bona fide tender and the return of plans and specification.

  Tenderers are to state the earliest date of delivery, under a penalty of H.K. $50 for each day or part thereof beyond the stipulated period.

The Government does not bind itself to accept the lowest or any tender.

10th May, 1935.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFICE, TAI Po.

  No. S. 145.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a m., on Wednesday, the 22nd day of May, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 7 as Building Lots. Serial Nos. 8 and 9 as Agricultural Lots. Serial Nos. 10 and 11 as Orchard and Agricultural Lots and Serial No. 12 as a Garden Lot subject to the General Conditions of Sale published in Government Notifica- tion No. 364 of 1934. Serial Nos. 1 to 7 are further subject to Special Condition No. 2 (a). Serial Nos. S to 12 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification. Serial Nos. 10 to 12 are further subject to Special Conditions hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $750, $500, $250, $250, $250, $250 and $500 respectively.

1293

HARBOUR DEPARTMENT.

  No. S. 144. It is hereby notified that sealed tenders in quintuplicate which must be clearly marked "Tender for the supply of a Steam Single Screw Teak Launch for Police Services", will be received at the Colonial Secretary's Office until noon on Friday, 31st May, 1935.

The vessel 55'-0"B.P. x 11'9" Mld x6'-0" Mld. is to be built in accordance with guidance plans and specification prepared by the Government Marine Surveyor, and tenders are to be strictly in accordance therewith.

  The sum of $50 will be required to be deposited with the Hon. Colonial Treasurer, and on production of the receipt, a set of plans and specification can be obtained at the Offices of the Government Marine Surveyor. This deposit will be released upon the receipt of a bona fide tender and the return of plans and specification.

  Tenderers are to state the earliest date of delivery, under a penalty of H.K. $50 for each day or part thereof beyond the stipulated period.

The Government does not bind itself to accept the lowest or any tender.

10th May, 1935.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFICE, TAI Po.

  No. S. 145.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a m., on Wednesday, the 22nd day of May, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 7 as Building Lots. Serial Nos. 8 and 9 as Agricultural Lots. Serial Nos. 10 and 11 as Orchard and Agricultural Lots and Serial No. 12 as a Garden Lot subject to the General Conditions of Sale published in Government Notifica- tion No. 364 of 1934. Serial Nos. 1 to 7 are further subject to Special Condition No. 2 (a). Serial Nos. S to 12 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification. Serial Nos. 10 to 12 are further subject to Special Conditions hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $750, $500, $250, $250, $250, $250 and $500 respectively.

1294

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D. Lot.

N.

S.

E.

W.

in Acres, or Square feet.

Annual

Upset Crown

Price.

Rent.

fect.

feet. feet. feet.

$

ef

1

6 1229

Kam Shan.

As per plan deposited in the District Office, North.

1200 sq. ft.

36

6.00

2

181

667

Pak Tin.

840

9

2.00

"1

""

3

668

420

10

5

"

1.00

""

4

9

1371

Tai Wo.

210

དབུ

2.00

"

5

52

1462

Sheung Shui.

260

Co

2.00

""

6

281

1542

To Shek Tsun.

208

Co

.50

"

7

181

665

Pak Tin.

840

9

2.00

8

666

"

*06 acr.

.10

9

92

2258

Tsung Pak Long.

*05

6

.10

""

10

176

617

Kwai Ti.

·38

42

.40

""

""

11

11

1553

12

51

4697

Nam Hang San Wai Tsai. Sheung Shui.

*53

116

.60

""

""

2:43

1059

7.30

""

""

SPECIAL CONDITIONS TO SERIAL No. 10.

1. The Purchaser shall within 7 days from the date of sale pay to Licensee of Forestry Lot 335 the sum of $4.50 for the 30 fir trees growing on the Lot.

2. 50% of the Lot shall be planted with fruit trees within 12 months and the remainder shall be cultivated within 24 months from the date of sale to the satisfaction of the District Officer, North.

SPECIAL CONDITIONS TO SERIAL No. 11.

1. The Purchaser shall within 7 days from the date of sale pay $6 to Licensee of Forestry Lot No. 4 and $4.50 to Licensee of Forestry Lot No. 49 as compensation for fir trees on the Lot.

2. The Purchaser shall within 24 months from the date of sale plant and trees on the Lot such trees not to be more than 10 feet apart.

3. A space of 10 feet to be kept clear of the existing grave on the Lot.

grow fruit

4. A right of way to the grave is reserved in favour of the owner of the said grave at the Tsing Ming and Chung Yeung festivals.

SPECIAL CONDITIONS TO SERIAL No. 12.

1. No tree or any part of any tree, live or dead, shall be felled, cut or in any way damaged.

1295

2. Dangerous trees, or any trees, live or dead, which require to be removed, pruned or dealt with in any way, shall be dealt with by the Supt. B. and F. Department.

3. The Supt. B. and F. Department and his representatives shall at all times have access to the trees.

4. The Supt. B. and F. Department and his representatives may at any time collect seeds from any of the trees.

10th May, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, TAI PO.

  No. S. 146.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11.30 a.m., on Thursday, the 23rd day of May, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial No. 1 as a Building Lot and Serial No. 2 as a Building and Garden Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and are further subject to Special Condition No. 2 (a) in the above Govern- ment Notification.

The amounts to be spent on each building Lot in rateable improvements under the General Condition No. 5 are $500 and $1,000 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Annual

Locality.

Contents in Upset Square feet. Price.

Crown

Rent

No. D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

$5

1

115 1320

Un Long Tung Tau.

As per plan deposited in the District Office, North.

224 sq. ft.

LO

5

2.00

2

131 859

Tsing Shan.

Do.

2150

43

5.00

10th May, 1935.

T. MEGARRY,

District Officer, North

PUBLIC WORKS DEPARTMENT.

  No. S. 147.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Lubricating Oils", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 21st day of May, 1935, for the supply and delivery of Lubricating Oils as specified in Form of Tender.

  For Specifications and Forms of Tender apply at the Office of Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

  The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the Specification.

10th May, 1935.

R. M. HENDERSON,

Director of Public Works

1295

2. Dangerous trees, or any trees, live or dead, which require to be removed, pruned or dealt with in any way, shall be dealt with by the Supt. B. and F. Department.

3. The Supt. B. and F. Department and his representatives shall at all times have access to the trees.

4. The Supt. B. and F. Department and his representatives may at any time collect seeds from any of the trees.

10th May, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, TAI PO.

  No. S. 146.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11.30 a.m., on Thursday, the 23rd day of May, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial No. 1 as a Building Lot and Serial No. 2 as a Building and Garden Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and are further subject to Special Condition No. 2 (a) in the above Govern- ment Notification.

The amounts to be spent on each building Lot in rateable improvements under the General Condition No. 5 are $500 and $1,000 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Annual

Locality.

Contents in Upset Square feet. Price.

Crown

Rent

No. D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

$5

1

115 1320

Un Long Tung Tau.

As per plan deposited in the District Office, North.

224 sq. ft.

LO

5

2.00

2

131 859

Tsing Shan.

Do.

2150

43

5.00

10th May, 1935.

T. MEGARRY,

District Officer, North

PUBLIC WORKS DEPARTMENT.

  No. S. 147.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Lubricating Oils", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 21st day of May, 1935, for the supply and delivery of Lubricating Oils as specified in Form of Tender.

  For Specifications and Forms of Tender apply at the Office of Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

  The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the Specification.

10th May, 1935.

R. M. HENDERSON,

Director of Public Works

1296

Re

Ι

PUBLIC WORKS DEPARTMENT.

No. S. 148.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Kowloon Quarry No. 15", will be received at the Colonial Secretary's Office until Noon of Monday, the 27th May, 1935, for the occupation for a period of two years commencing from the date of notification of acceptance of tender of the piece or parcel of ground as shown coloured red on a plan signed by the Director of Public Works and dated 29th April, 1935, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $1,000.

Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, in the event of the tenderer, whose tender is accepted, refusing to carry out the terms and conditions of his tender.

On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

10th May, 1935.

R. M. HENDERSON,

Director of Public Works.

I

+

s憲示第一百四十八號

工程司軒

詢取所投之票價格低昂任由政府棄取或總棄不取此佈

明係票投九龍石塘第十五號 其餘不入選者之保証金行將發還欲知詳細章程及投票格式可來 票允准後投得者不遵章辦理則將保証金充公如一投票者已允准: 投票者湏先往庫務司署繳銀二百五十圓取回收條以爲保証金如: 得之人湏遵照章程辦理該章程可來署詢取每年底價一千圓又凡 經於本年四月廿九日由本司署名所繪之圖則内填紅色處指明之 以前寄至布政司署石塘之批期由通告投票允准之日起以兩年爲 本年五月廿七日星期一日正

佈告事照得現招人投票開採石塘如欲投票者湏繕票三張其封面

一千九百三十五年

+

1297

PUBLIC WORKS DEPARTMENT.

No. S. 149.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of May, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

1 by

day,

Boundary Measurements.

No.

of

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual

Upset

Rent. Price.

set

N.

S.

W.

ice.

feet.

feet. feet.

feet.

$3

$3

B

About

1

Rural Building Lot No. 387.

West of Rural Building Lot No. 384, Mount Cameron.

As per sale plan.

16,330

188

2,460

00

10th May, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

   No. S. 150.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of May, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

#

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

N.

Contents in Sq. feet.

Annual Upset Rent. Price.

E.

W.

by

ay,

吕管

t

RA

feet. feet. feet. feet.

$

$

About

2

Rural Building Lot No. 390.

Opposite Rural Building Lot No. 205, Island Road.

As per sale plan.

18,000 206 3,600

i

10th May, 1935.

R. M. HENDERSON,

Director of Public Works.

No. S. 151.

1298

NOTICE TO MARINERS.

No. 38/1935.

It is hereby notified that Notice to Mariners No. 74/1934 of the 12th September, 1934, regarding guide posts in the Harbour is cancelled, the posts having been removed.

Harbour Department,

2nd May, 1935.

No. S. 55.

No. 3/1935.

G. F. HOLE,

Harbour Master, &c.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

  All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

  No. S. 128.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Hot Water Apparatus, etc., New Government Civil Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 13th day of May, 1935. The work consists of the installation of Hot Water Heating and Supply Apparatus, Plumbing, etc.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

26th April, 1935.

1302

NOTICE.

NOTICE OF CHANGE OF NAME.

NOTICE is hereby given that the Partner-THOMAS EDMUND BAKER, of No. 239,

ship heretofore subsisting between

Yuen Iu Tong (阮耀堂) Wong Mak ling(黃墨馨)and Tse Cheong Ip (A) carrying on business as Restaurant Proprietors at Nos. 239, and 291 Des Vaux Road Central, Victoria, in the Colony of Hong Kong, under the style or firm name of Tai Wing Wah Restaurant

*) has been dissolved as from the 3rd day

of May, 1935.

      All debts owing by the said firm will be received and paid respectively by the said Tse Cheong Ip who will continue to carry on the said business under the style or firm name of

Tai Sam Yuen Hip Keo(大三元協 記)

) at the same address.

Dated the 3rd day of May, 1935,

阮耀堂

黃墨馨 謝昌業

(FILE NO. 161 or 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

́OTICE is hereby given that Nam Wah

Company (南華公司)

      of No. 78, Yen Chow Street, 2nd floor, Sham- shuipo, in the Colony of Hong Kong, preservers of and dealers in melon seeds, have on the 12th day of April, 1935, applied for the registration

in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

港香

生衛型

奥潔甘香 美味奇

腾 飛行手口 系扬唇舌

• Nathan Road, Kowloon, in the Colony of Hong Kong, Merchant, heretofore called and known by the name of Hung Mi Shang HEREBY GIVE NOTICE that on the First day of May, 1935, I renounced and abandoned the use of my said name of Hung Mi Shang and assumed in lieu thereof the name of Thomas Edmund Baker

AND FURTHER that such change of name is evidenced by a Deed dated the First day of May, 1935, duly executed by me and attested.

Dated the First day of May, 1935.

THOMAS EDMUND BAKER.

(FILE No. 155 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that The Sun

Shing Tai Firm, ( )

of No. 9 Kwong Yuen Street East, Hong Kong, has, by an application dated the 4th day of April, 1935, applied for the registration in

Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

JOLETSOAP

PEONY

in the name of the said Sun Shing Tai Firm, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Perfumed Soap in Class 48.

Registration of the said Trade Mark is limit ed to the colours as shown on the specimen attached to the form of application for regis- tration.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

(FILE NO. 154 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Yung Wing

Hong trading as Cheong Sin Tong, of No. 2, Mee Lun Street, Victoria, in the Colony of Hong Kong, has on the 4th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

城鳳

堂善昌

連理樹

丸腎補宮安

in the name of Yung Wing Hong trading as

Cheong Sin Tong, who claims to be the pro- prietor thereof.

The Trade Mark is intended to be used by the Applicant in Class 3 in respect of Medicat- ed Pills.

Registration of this Trade Mark shall give

no right to the exclusive use of the Chinese

Characters

66

昌善堂"

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

and of the undersigned.

Dated the 12th day of April, 1935.

DENNYS & CO., Solicitors for the Applicant, No. 8A, Des Voeux Road Central,

Hong Kong.

(FILE No. 153 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

NOTICE is hereby given that The China

Rodum Chemical Works of No. 370, Nathan Road, Kowloon, Hong Kong, and of Province of Kwong Tung, China, have on the No. 56, Tai Ping Road South, Cantou in the

4th day of April, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRADE

FODUN

CHINA

THEMICAL WORK

in the name of Nam Wah Company (

A), who claim to be the proprietors

thereof.

     The said Trade Mark has been used by the Applicants since April, 1934, in respect of melon seeds in Class 42.

      Registration of this Mark shall give no right to the exclusive use of the representations of a melon and melon leaves and of the Chinese

""

Characters "南華 save as shown on

the monogram of the said mark.

       Facsimiles of the said mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and of the undersigned.

Dated the 10th day of May, 1935.

LYSON AND HALL, Solicitors for the Applicants, No. 6, Queen's Road Central,

Hong Kong.

Trade and Shipping Returns for the month of March, 1935.

YOMPILED by the Statistical

in the name of The China Rodum Chemical Works who claim to be the proprietors thereof. The Trade Mark has not hitherto been used

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- by The China Rodum Chemical Works but it is

ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers 18. Ice House Street.

their intention so to use the same forthwith in respect of Patent Medicines and Medicated Articles in Class 3.

Representations of the said Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks of Hong Kong.

Dated the 12th day of April, 1935.

THE CHINA RODUM CHEMICAL WORKS,

A nmlinamta

t

(FILE NO. 150 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Handelmaats-

      chappij Fussell & Co., N. V. (a Company registered under the laws of Holland), of 15,

Pickstraat, Rotterdam, Holland; Merchants,

have by an application dated the 17th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark :-

LIGHTHOUSE

BRAND

1303

(FILE No. 147 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that Hing Ah and Company, of No. 5, Hing

Loong Street, Victoria, in the Colony of Hong Kong, have, on the Register of Trade Marks, of the following Trade Marks :- 28th day of March, 1935, applied for the registration in Hong Kong, in the

(1)

(3)

in the name of Handelmaatschappij Fussell &

Co., N. V., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Condensed Milk since January, 1929. It is intended to be used forth- with by the Applicants in respect of Milk, whe- ther fresh, sterilised, preserved or condensed; milk food or lacteous farina; milk powder, dried milk, skimmed milk, malted milk, cream, sterilised cream, and food preparations contain- ing milk in Class 42.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Hong Kong.

政興港香

YAC

TRADE MARK

子應嘉核無

KAYING TSE

HINGAHC

HONG KONG.

CHINA

(2)

HING

AH

CO.

玩意如

YUE

YEOLIVE

港番行徳

5 HING LUNG STREET HONG KONGCHINA

街中

(FILE No. 126 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N Sing Knitting Company Limited, of

OTICE is hereby given that The Ping

Nos. 90 to 98 Cheungshawan Road, Shamshui- po, Hong Kong, have, by an application dated the 20th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

標商明孔

in the name of the said Ping Sing Knitting Company Limited, who claim to be the pro- prietors thereof.

      The said Trade Mark is intended to be used by the applicants forthwith in respect of Hosiery and Singlets in Class 38.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

CHANPEEMOY

HING AH&Co..

K

TRADE MARK

it

梅皮陳製精司公亞與

野行縂

四零零三二話電牌門號五街隆興港督

外城龍九廠造製

HONGKONG CANTON & SHANGHAI, CHINA

in the name of Hing Ah and Company, who claim to be the proprietors thereof.

The Trade Marks Nos. (1) and (2) have been used by the Applicants in respect of substances used as food or as ingredients in food in Class 42 and the Trade Mark No. (3) has been used by the Applicants in respect of substances used as food or as ingredients in food other than olives fresh or preserved or of any fruits similar in appearance to olives and other than milk fresh and or condensed in Class 42.

The Trade Marks Nos. (1) and (2) are associated with each other and with Trade Marks Nos. 338 of 1924 10 of 1927 to 12 of 1927 and 73 of 1932.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of April, 1935.

DENNYS & CO, Solicitors for the Applicants, No. 8A, Des Voeux Road Central, Hong Kong.

(FILE No. 61 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that T. T. Robinson

Να

      & Co. (Export) Ltd., a Company, duly incorporated under the laws of England, and doing business at Unilever House, Blackfriars, London E.C.4 Englund, Manufacturers, have on the 8th day of February, 1935, applied for registration in Hong Kong, in the Register of Trade marks, of the following Trade Mark:-

1304

(FILE No. 522 of 1934)

THE TRADE MARKS ORDINANCE, 1999.

Application for the Registration of a Trade Mark.

NOTICE is hereby given that Lever Brothers (China) Limited, of

Chartered Bank Building, 18, The Bund, Shanghai, have on the 21st day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

*

T4BUZLUVEN?

GELININ ANYⱭWOƆ UVOS VNIHO HL

18

OLIWIT (VNIHƆ) SUFHLOE BEA

HO 1 -Ու ՈA

ROBINSON&C

ONDON

CONDO

in the name of T. T. Robinson & Co. (Export) Ltd, who claim to be the proprietors thereof. The Trade Mark has been used by the Ap-

plicants since December, 1923, in respect of

the following goods :

Canvas Shoes, in Class 38.

Dated the 8th day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 58 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that W. A. Hannibal and Company, of 1A, Chater Road, Hong Kong. Export Merchants, have, on the 22nd day of February, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEST W.A.H. THICK SOYS

MADE

IN

HAK

TRADE

HONG

KONG

in the name of W. A. Hannibal and Company, who claim to be the proprietors thereof.

      The Trade Mark is intended to be used by the Applicants in Class 42, in respect of Soy.

     Registration of this Trade Mark shall give no right to the exclus ve use of all the words and of the letters "W.A.H." appearing on the mark except the letters "W.A.H." as shown on the monogram.

Dated the 8th day of March, 1935.

W. A. HANNIBAL & CO.

Applicants.

No. 1A, Chater Road, Hong Kong,

華利

H445

哆愛

H

4 2001 H

IEVER'S

Toilet Soap

24+1

華利

華利

in the name of Lever Brothers (China) Limited, who claim to be the proprie- tors thereof.

The said Trade Marks has been used by the Applicants since the middle of 1934 and is intended to be used forthwith in respect of the following:-

Common soap, detergents, and other preparations for laundry

purposes in Class 47.

Perfumery (including toilet articles), preparations for the

teeth and hair, and perfumed soap in Class 48.

The Trade Mark in Class 47 and the Trade Mark in Class 48 are to be associated with each other and both marks are to be associated with Trade Marks Nos. 35 of 1905, 63 of 1906, 73 and 77 of 1930, 74 and 78 of 1930 and 306 and 307 of 1933.

Registration of the Trade Mark is limited to the colours as shown on the fascimile of the label deposited with the Registrar of Trade Marks.

Dated the 8th day of March, 1935.

LEVER BROTHERS (CHINA) LIMITED, Applicants.

+

1305

(FILE No. 120 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Kam Loong Knitting Factory, of No. 31,

Wong Chuk Street, (1st floor), Kowloon, Hong Kong, have on the

29th day of January, 1935, applied for the registration in Hong Kong, in the

Register of Trade Marks, of the following Trade Mark:-

品出敬龍金

上線

LD HITK BOK

DRAGON HEAD

MADE IN HONG KONG

in the name of Kam Loong Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark has not been used by the Applicants in respect of Singlets in Class 38.

A Facsimile of such Trade Mark can be seen at the offices of the Regis- trar of Trade Mark of Hong Kong and of the undersigned. Registration of this mark shall give no right to the exclusive use of the Chinese Characters (金龍廠).

Dated the 22nd day of March, 1935.

KAM LOONG KNITTING FACTORY, No. 31, Wong Chuk Street, (1st floor),

Kowloon, Hong Kong, Applicants.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1308

LEGISLATIVE COUNCIL.

No. S. 152.-The following Bills were read a first time at a meeting of the Council held on the 16th May, 1935:-

(C.S.O. 3255/15III).

A BILL

[No. 12: -11.4.35.-1.]

Short title.

Amendment of Ordinance

No. 8 of

INTITULED

An Ordinance to amend the Immigration and Passports

Ordinance, 1934.

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

1. This Ordinance may be cited as the Immigration and Passports Amendment Ordinance, 1935.

.

2. Sub-section (3) of section 3 of the Immigration and Passports Ordinance, 1934, is amended by the substitution 1934, s. 3 (3). of the words "to the country of which he is a national"

for the words "to the country of his birth or citizenship. in the sixth and seventh lines.

Amendment

of Ordinance

No. 8 of

3. Sub-section (1) of section 4 of the Immigration and Passports Ordinance, 1934, is amended by the substitution 1934, s. 4 (1). of the words "to the country of which he is a national" for the words "to the country of his birth or citizenship." in the last two lines of that sub-section.

Amendment

of Ordinance No. 8 of 1934, s. 6.

Amendment

of Ordinance No. 8 of

1934, s. 9 (d).

4. Section 6 of the Immigration and Passports Ordin- ance, 1934, is amended by the insertion of the words "all or any of the following persons, that is to say" after the words "on board" in the fifth line.

5. Paragraph (d) of section 9 of the Immigration and Passports Ordinance, 1934. is amended-

(1) by the insertion of the words "or in any British protectorate or protected State or any Territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty" after the word "dominions" in the fifth line.

(2) by the insertion of the words "in the United Kingdom" after the words "His Majesty's Government" in the twelfth line.

}

Objects and Reasons.

1. This Ordinance effects certain amendments in the principal Ordinance (No. 8 of 1934) which have been directed by the Secretary of State.

L

1309

2. Sections 2 and 3 of this Ordinance amend sections 3 (3) and 4 (1) of the principal Ordinance by providing for the return of a prohibited immigrant to his port of embarka- tion or to the country of which he is a national, instead of to his port of embarkation or to the country of his birth or citizenship, as such an immigrant might not be a national of the country in which he was born.

3. Section 4 of this Ordinance inserts certain words in section 6 of the principal Ordinance to make it clear that the liability to provide a free passage to the port of embarkation, imposed on the master, owner, agent and consignee, is both joint and several.

4. Section 5 of this Ordinance amends section 9 (d) of the principal Ordinance by validating the visas of officials duly authorised to grant British visas in any British protectorate or protected State or any Territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty.

5. Section 5 of this Ordinance also amends section 9 (d) of the principal Ordinance by making it clear that the reference to His Majesty's Government is intended as a reference to His Majesty's Government in the United Kingdom.

April, 1935.

C. G. ALABASTER.

Attorney General.

1310

[No. 13-18.4.35.-1.

Short title.

Amendment

No. 39 of

A BILL

INTITULED

An Ordinance to amend the Companies Ordinance, 1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:---

1. This Ordinance may be cited as the Companies Amendment Ordinance, 1935.

2. Sub-section (2) of section 93 of the Companies of Ordinance Ordinance, 1932, is amended by the deletion of the brackets immediately preceding the proviso thereto and of all the words and characters within such brackets.

1932, s. 93 (2).

Objects and Reasons.

1. This amending Ordinance deletes a provision in section 93 (2) of the Companies Ordinance, 1932 (No. 39 of 1932) which is no longer considered necessary and the deletion of which has been suggested, through H.M. Minister to China, by the Secretary of State for Foreign Affairs.

April, 1935.

C. G. ALABASTER,

Attorney General.

1311

A BILL

[No. 10-6.4.35.-.2]

INTITULED

An Ordinance to provide for the segregation and treatment

of lepers.

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

1. This Ordinance may be cited as the Lepers Ordinance, Short title. 1935.

2. It shall be lawful for the Governor in Council to Governor in Council may appoint such places as he shall think fit to be leper settle-

                                    appoint ments for the segregation and treatment of lepers; and every places to such settlement shall comprise such area as the Governor settlements. shall define by proclamation.

be leper

3. It shall be lawful for the Governor in Council to Regulations. make regulations for any of the following purposes :-

(1) the inspection, examination, and removal of lepers to a leper settlement;

(2) the proper management and sanitation of leper settlements;

(3) the discipline and good order of the inmates of leper settlements;

(4) the provision of hospital accommodation, out-patient clinics and other facilities for the medical treatment and care of lepers;

(5) generally, for the better carrying out of the provisions of this Ordinance, and for the well-being of leper settlements and the inmates thereof.

Every person acting in contravention of any regulation shall upon summary conviction be liable to a fine not exceeding fifty dollars, or to imprisonment for any term not exceeding one month.

cases of

4. If it shall be brought to the notice of the Director Inquiry into of Medical and Sanitary Services that any person is alleged alleged to be, or is suspected of, suffering from leprosy, he may leprosy. cause an inspection and examination of the person to be held of such nature as may be prescribed by regulations made under section 3, or if there be no such appropriate regulation then of such nature as he may deem sufficient.

considers it

5.-(1) If after such inspection and examination the Segregation Director of Medical and Sanitary Services finds the person if D.M.S.S. to be a leper and deems it necessary that he should be necessary. segregated, he may order the removal of the leper to, and his detention in, a leper settlement.

Lepers not to leave settlement without permission.

Prohibition of leper

1312

(2) The Director of Medical and Sanitary Services shall not make such order if in his opinion the leper is able to provide for himself effective isolation and medical treatment elsewhere and if the leper undertakes to secure such isolation and treatment and to abide by such directions as the Director of Medical and Sanitary Services may prescribe.

(3) In the event of any disregard or breach of such undertaking or directions the Director of Medical and Sanitary Services may at any time order the removal of the leper to and his detention in a leper settlement.

6. No person detained as a leper in a leper settlement shall leave the settlement without the permission in writing of the officer in charge, and every person acting in contraven- tion of this section may be arrested by any police officer, or by any officer or servant of the settlement, without warrant and conveyed forthwith to the settlement.

7.-(1) No person, not being a subject of His Majesty, immigation. suffering from leprosy shail enter the Colony without a permit

from the Director of Medical and Sanitary Services.

Appointment and duties of visiting justices.

Repeal of Ordinance No. 24 of 1910.

(2) The Governor in Council may by order prohibit any leper, not being a subject of His Majesty, who is found within the Colony without such permit, or after any period of residence allowed by such permit has expired, and who cannot show that he has contracted the disease in the Colony, from residing or being within the Colony for such period as the Governor in Council may think fit. The Governor in Council may by the same or any subsequent order direct his departure and fix the time for his departure from the Colony.

(3) The leper named in such order shall be detained in the custody of the police until he leaves the Colony and any such order shall be sufficient authority to all police officers to effect his expulsion by any convenient vessel or train as often as may be found necessary.

8.-(1) The Governor shall appoint, with their consent, justices of the peace to be visitors of leper settlements for periods to be specified in such appointments.

(2) Such visitors shall be at liberty to enter any such settlement at all times and shall make such enquiry or examination therein as may be deemed necessary and shall render. such reports to the Colonial Secretary as they think fit or as may be required by the Governor.

9. The Lepers Ordinance, 1910, is repealed.

Objects and Reasons.

11th

1. This Ordinance repeals the Lepers Ordinance, 1910, and substitutes a new Ordinance in its place. It results from the Report of the Committee on Lepers dated the January, 1935, which was presented to the Legislative Council as Sessional Paper No. 1 on the 14th February, 1935.

*

1313

2. By section 2 the Governor in Council may appoint places to be leper settlements. The former provision in section 2 of Ordinance No. 24 of 1910 forbidding private asylums has not been re-enacted as it is intended to entrust the management of leper settlements to suitable missionary or philanthropic bodies.

3. Section 3 enables the Governor in Council to make regulations for the better carrying out of the provisions of the Ordinance, and for the well-being of the leper settle- ments and the inmates thereof.

4. This Ordinance does not expressly make leprosy a notifiable disease as sufficient provision for that purpose is made by the powers conferred on the Governor in Council by section 8 (2) (b) of the Public Health (Quarantine and Prevention of Disease) Ordinance No. 12 of 1935 which is to be brought into force shortly by Proclamation. Under section 2 of that Ordinance leprosy is included in the definition of "disease".

5. Section 4 deals with inquiries into cases of alleged leprosy.

6. Section 5 deals with segregation in cases where the Director of Medical and Sanitary Services deems it necessary. It is now realised that segregation is not essential in all cases of leprosy which by modern methods of treatment may be cured at an early stage and mitigated at all stages.

7. Section 6 provides that when lepers are detained in the settlements they shall not leave without the written permission of the officer in charge.

8. Section 7 controls alien leper immigration.

9. Section 8 deals with the appointment of Justices of the Peace as visitors of leper settlements.

10. A Table of Correspondence between the new and the repealed Ordinance is attached.

11. Viewed generally the new Ordinance gets away from the idea that a leper settlement or asylum is to be regarded as a prison and regards it instead as a centre for treatment and as a retreat for severe cases or those who are deserted by their relatives. Magisterial powers are not given to the persons in charge of the settlements as it is considered safe for leper offenders to be brought before ordinary tribunals. Should it be found necessary, in any particular case where isolation is necessary, to impose a term of imprisonment arrangements can now be made for such isolation in prison.

April, 1935.

C. G. ALABASTER,

Attorney General.

1214

TABLE OF CORRESPONDENCE

Between the new Ordinance and the Ordinance it replaces.

New Ordinance section.

Ordinance No. 24 of 1910

section.

Remarks.

1

1

Short title.

2

2

ရာ

3

13

4

7

5 (1)

8

5 (2)

9 (1)

5 (3)

9 (2)

6

10

"settlements" for "asylums". Last sent- ence forbidding private asylums omitted.

"settlements" for "asylums" throughout, paragraphs (4) and (5) of old Ordin- ance omitted and a new paragraph (4) inserted.

Redrafted.

omitted.

References

to

Governor

D.M.S.S. for P.C.M.O.

First part redrafted. Proviso omitted.

Redrafted.

Redrafted.

"or by any officer or servant of the settle.

ment' added.

"without a permit from the D.M.S.S."

added.

7. (1)

14 (1)

7 (2)

14 (2)

Redrafted.

7 (3)

14 (3)

00

9

I

16

3

-

4, 5, 6, 11, 12,

13 (4),

Redrafted to avoid necessity for fresh orders on a return in breach of an original order.

Redrafted.

Repeal of No. 24 of 1910.

was repealed in 1912.

omitted-considered unnecessary.

13 (5)

and 15

A

1315

M

A BILL

INTITULED

[No. 14:23.4.35.-2.]

An Ordinance to prevent the making, issuing and circulating

of pieces of metal usually called tokens.

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

1. This Ordinance may be cited as the Tokens Ordin- Short title. ance, 1935.

52 Geo. 3,

2. No piece of metal or mixed metals, not being money, Prohibition shall be made, issued or circulated in the Colony as a token of tokens. for money, or as purporting that the bearer or holder thereof c. 157, s. 1. is entitled to demand any value denoted thereon, either by letters, words, figures, marks or otherwise, whether such 33 & 34 value is to be paid or given in money, goods, fares or services, or in any manner whatsoever.

3. Every person who acts in contravention of section shall be liable on summary conviction to a fine exceeding two hundred dollars.

57 Geo. 3, c. 46, s. 1.

Vict. c. 10,

s. 5.

this Penalty.

not vict. c. 10,

33 & 34

s. 5.

Objects and Reasons.

1. The object of this Ordinance is to make it clear that the manufacture, issue and circulation in the Colony of pieces of metal, not being money, as tokens for money is prohibited.

2. The importation and circulation of silver, nickel, copper and bronze coins is regulated by Ordinances No. 15 of 1913, and No. 11 of 1912.

3. The right to authorise the issue of metallic tokens as money or as the equivalent of money is a prerogative of the Crown recognised by common law, but now for the most part regulated by statute or Order in Council (see 6 Hailsham's Halsbury p. 548 and the Encyclopaedia of the Laws of England Vol. 14 p. 130).

4. The private issue of tokens has long been forbidden in the United Kingdom and Statutes to that effect are now consolidated in section 5 of the Coinage Act 1870 (33 & 34 Vict. c. 10). That Act is not in force in the Colony, but two Statutes it replaced, namely 52 Geo. 3, c. 157 and 57 Geo. 3, c. 46, are apparently in force by virtue of section 5 of Ordinance No. 3 of 1873. These Statutes made it an offence to issue or circulate pieces of metal usually called tokens.

1316

5. It seems desirable, especially as doubts have been expressed on the subject, that the position should be clarified by express provision in a local Ordinance on the lines of the two Statutes of George 3, and of section 5 of the Coinage Act, 1870.

April, 1935.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 153. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

17th May, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1316

5. It seems desirable, especially as doubts have been expressed on the subject, that the position should be clarified by express provision in a local Ordinance on the lines of the two Statutes of George 3, and of section 5 of the Coinage Act, 1870.

April, 1935.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 153. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

17th May, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1317

DISTRICT OFFICE, TAI Po.

  No. S. 154.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 29th day of May, 1935.

  The Quarry is let for the term of one year from the day of Auction for the purposes of obtaining clay subject to the Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Contents in

Locality.

Upset Crown

Annual

Price.

Acre.

Rent.

No. D.D.

Lot.

N.

S.

E.

W.

Unsurveyed Quarry Hillside No. 2.

feet. feet. feet. feet.

$

$

-€A

Nai Wan, Kau Sai Island.

As per plan deposited in the District Office, North.

1 acre.

Nil.

50

SPECIAL CONDITIONS.

(a) The lease to be for a period of one year from the day of auction, but subject to cancellation at any time on three months' notice being given without compensation but a refund of a proportionate part of the fee will be made.

(b) Fee payable annually in advance.

 (c) The lessee shall work the clay in a proper and efficient manner and with due regard to the prevention of landslips and to the safety of the workmen : a certificate under the hand of the District Officer, North, that there has been a breach of this condi- tion shall be conclusive evidence in that behalf.

(d) The lessee to fill in any holes in the area to such levels as the District Officer, North, may require and to his satisfaction.

(e) The lessee will not be allowed to sublet the whole or any portion of the area without permission first having been obtained from the District Officer, North.

 (f) The lessee to make all arrangements as regards the removal of clay from the area. Any damage done to privately owned properties must be reinstated by the lessee at his own expense.

 (9) All damage and compensation in respect of loss of life or injury to any indivi- dual or damage to property in respect of the area or the working thereof during the subsistence of this lease shall be borne and paid by the lessee.

 (h) The lessee to make good any loss or destruction of or damage to any trees, shrubs, or undergrowth on Crown Land within a distance of 500 yards from any part of the area held under this lease, occurring while such area is held, unless he can prove to the satisfaction of the District Officer, North, that such loss, destruction or damage has not occurred through the act, neglect, or default of any person employed by him or any person making use of such area, the amount of such loss, destruction or damage to be assessed by the Superintendent of the Botanical Department.

1318

(i) Lessee will be allowed to erect such temporary structures as may be considered necessary for the working of the area. Such structures to be subject to removal at any time on one month's notice or expiry or cancellation of lease. The structures must be to the approval and satisfaction of the District Officer, North.

(j) Lessee will be given permission to erect and maintain a temporary pier or jetty if in the opinion of the Director of Public Works such pier or jetty be reasonably neces- sary for the purpose of shipping clay from the area into junks or boats; the site and dimensions of such temporary pier or jetty shall be subject in all respects to the approval of the Director of Public Works who may at any time direct the removal of such tem- porary pier or jetty to any other place the expense of such removal to be borne by the lessee.

(k) In the event of the fee being three weeks in arrears the lease will be cancelled and the security or portion thereof estreated.

(1) The lessee shall apply to the District Officer, North, to have the lot defined on the ground before any work is commenced.

17th May, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, SOUTH.

No. S. 155.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 31st day of May, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the Distric Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

in

Annual

Upset

Crown

Square feet.

Price.

Rent.

N.

S.

E.

W.

Lantao Plateau Lot No. 111.

Ngon Ping.

500

5

1

Subject to readjustment as provided by the Conditions of Sale.

17th May, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1318

(i) Lessee will be allowed to erect such temporary structures as may be considered necessary for the working of the area. Such structures to be subject to removal at any time on one month's notice or expiry or cancellation of lease. The structures must be to the approval and satisfaction of the District Officer, North.

(j) Lessee will be given permission to erect and maintain a temporary pier or jetty if in the opinion of the Director of Public Works such pier or jetty be reasonably neces- sary for the purpose of shipping clay from the area into junks or boats; the site and dimensions of such temporary pier or jetty shall be subject in all respects to the approval of the Director of Public Works who may at any time direct the removal of such tem- porary pier or jetty to any other place the expense of such removal to be borne by the lessee.

(k) In the event of the fee being three weeks in arrears the lease will be cancelled and the security or portion thereof estreated.

(1) The lessee shall apply to the District Officer, North, to have the lot defined on the ground before any work is commenced.

17th May, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, SOUTH.

No. S. 155.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 31st day of May, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the Distric Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

in

Annual

Upset

Crown

Square feet.

Price.

Rent.

N.

S.

E.

W.

Lantao Plateau Lot No. 111.

Ngon Ping.

500

5

1

Subject to readjustment as provided by the Conditions of Sale.

17th May, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1319

DISTRICT OFFICE, SOUTH.

No. S. 156.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 31st day of May, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No: 1 (a) and (b).

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

in

Upset

Crown

Price.

Acre.

Rent.

N.

S.

E.

W.

Lantao Plateau Lot No. 112.

Ngon Ping.

17th May, 1935.

*08

Subject to readjustment as provided by the Conditions of

Sale.

$

$

G. S. KENNEDY-SKIPTON, District Officer, Southern District

.10

HONG KONG VOLUNTEER DEFENCE CORPS.

No. S. 157.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Clothing H.K.V.D.C.", will be received at the Colonial Secretary's Office until Noon of Monday, the 27th day of May, 1935, for the supply and delivery of Clothing required by the Unit, up to 31st day of May, 1936.

 Each Tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of Dollars Fifty ($50) as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown, should the Tenderer refuse or fail to carry out the whole or any portion of the tender, which may be accepted. The deposit will be returned to any Tenderer whose tender is not accepted.

 For form of tender and further particulars apply to the Adjutant, Hong Kong Volunteer Defence Corps, Headquarters, Garden Road.

The Government does not bind itself to accept the lowest or any tender.

17th May, 1935.

P. S. M. WILKINSON, Captain,

Adjutant, H.K.V.D. Corps.

1320

PUBLIC WORKS DEPARTMENT.

No. S. 158.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Construction of Rubble Mound and Sea Wall between K. M. L. 97 and Sung Wong Toi Road", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 4th day of June, 1935, for the construction of a section of Rubble Mound and Sea Wall between K. M. L. 97 and Sung Wong Toi Road along with certain contingent works.

For Form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

17th May, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 159.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Superstructure Nursing Staff Quarters, New Government Civil Hospital", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 4th day of June, 1935. The work consists in the completion of the Build- ing subsequent to the erection of the steel frame.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

17th May, 1935.

No. S. 55.

No. 3/1935.

R. M. HENDERSON,

Director of Public Works.

Laying of Second Cross Harbour Pipe.

Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Adjudication.

No. 5 of 1935.

(陳君武)

Re Chan Kwan Mo (B)

of No. 227, Jaffe Road, (3rd floor), Victoria, in the Colony of Hong

Kong, Jeweller and Silver Smith's Salesman.

HE above-named Chan Kwan

A

1325

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 31 of 1932.

Re Augusto Maximo dos Passos Victal, of No. 336, Ma Tau Wei Road, Kowloon City, Accountant.

FIRST dividend of $10.00 per cent has

been declared in the above-matter.

----

T adjudicated bankrupt on the Mo, was NOTICE is hereby given that the above-

May, 1935.

Dated the 10th day of May, 1935.

JAMES J. HAYDEN,

Official Receiver

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 20th day of May, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 17th day of May, 1935.

JAMES J. HAYDEN,

Official Receiver.

HONG KONG ENGINEERING AND CONSTRUCTION CO., LTD.

NOTICE is hereby given that, at a meeting

of the Board of Directors of the Hong Kong Engineering & Construction Co., Ltd., held at St. George's Building, Victoria, Hong Kong, on Friday, 10th May, 1935, a resolu- tion was passed making a Call of 25 cents per share upon all members as shown on the Regis- ter of Shareholders on the 10th May, 1935, as holders of shares on which only 75 cents has been paid.

Such Call shall be payable to the Company's Bankers, the Hong Kong & Shanghai Banking Corporation, Queen's Road Central, Victoria, Hong Kong, on or before the 2nd July, 1935, in the case of shareholders whose registered address is in the Far East, and, in the case of shareholders having a registered address out- side the Far East, on or before the 2nd August, 1935.

By Order of the Board,

B. ALVES,

Secretary.

Hong Kong, 10th May, 1935.

R

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 6 of 1935.

Re The Century Company, of No. 126, Wing Lok Street, 2nd floor, Victoria, in the Colony of Hong Kong, Exporters and Importers, and Wong Siu Ping, Chong Shing Chung and Pak Hung Kay partners therein.

●ECEIVING Order made 3rd day of May, 1935. Date and place of first meeting, 16th day of May, 1935, at 11.00 a.m. in the Official Receiver's Office.

-

NOTE. All debts due to the estate should be paid to me.

Dated the 10th day of May, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 6 of 1935.

Re The Century Company, of No. 126, Wing Lok Street, 2nd floor, Victoria aforesaid, Exporters and Importers, and Wong Siu Ping, Chong Shing Chung, and Pak Hung Kay, partners therein.

OTICE is hereby given that the adjourn-

NOTIOR is

above matter, will be held at the Official

Receiver's Office, Supreme Court, on the 23rd

day of May, 1935, at 11 a.m.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Adjudication and Appointment of Trustee.

No. 1 of 1935.

Re Queen's Dispensary, of No. 22, Des Voeux Road Central, Victoria, in the Colony of Hong Kong.

HE above-named Queen's Dispenary, was THE

adjudicated Bankrupt on the 3rd day of May, 1935, and Messrs. Wong Kung Wan, of No. 223, Jaffe Road, 1st floor and Tsoi Him Po, of No. 19, Sai Street, ground floor, both of Hong Kong, were appointed Trustees of the Estate of the Bankrupt firm, with powers to act jointly.

I

Dated the 10th day of May, 1935.

JAMES J. HAYDEN,

Official Receiver.

NOTICE OF TRANSFER.

Npursuance of Section 3 of the Fraudulent

Transfer of Business Ordinance, No. 25

of 1923,

Notice is hereby given that Li Jim (

沾)Li Hong (李康) and Ho Pan

NOTE:-All debts due to the estate should) alias Ho Pik Chi ( (何璧墀)

be paid to me.

Dated this 17th day of May, 1935.

JAMES J. HAYDEN,

Official Receiver.

(hereinafter called "the Transferors") carrying

on business of barbers at No. 61 Johnston

Road, first floor, Victoria, in the Colony of Hong Kong, under the style or firm name of the Fei Fei Hairdressing Saloon (

W. LINCOLN AND COMPANY LIMITED.) have agreed to

Members' Voluntary Winding-up.

OTICE is hereby given in pursuance of NOTIC 1225 of the Companies Ordinance,

    1932 that a General Meeting of the Members of the above-named Company will be held at No. 6, Des Voeux Road Central, on the 19th June, 1935, at 3 o'clock in the afternoon for the purpose of having an account laid before them, showing the manner in which the winding up has been conducted, and the property of the Company disposed of and of hearing any ex- planation that may be given by the Liquidator.

Dated the 15th day of May, 1935.

王蘭戰

Liquidator.

nsfer Yu

Fook(余福)and Tang Tak (鄧

(hereinafter called "the Transferees")

of No. 59 Johnston Road, third floor, Victoria, aforesaid Traders All that the business of the said Fei Fei Hairdressing Saloon including the goodwill, fixture, furniture, stocks-in-trade and effects.

The Transferees intend to carry on the said business at the same address and under the same style or firm name of the Fei Fei Hair- dressing Saloon and will not assume the liabili- ties incurred in the business of the Transferors prior to the 17th day of June, 1935.

Dated the 17th day of May, 1935.

C. Y. KWAN, Solicitor for the parties.

(FILE No. 64 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Standard-

Vacuum Oil Company, of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26, Broadway, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong, have on the 15th day of February, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz. :-

(1)

CYLREX

ARD-

(2)

ACUUM

ZZZMADE

COMPANY

IN U.S.A

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark (1) is associated with Trade Marks Nos. 221 to 226 of 1927 and Mark (2) with No. 58 of 1934.

The above Trade Marks have not hitherto been used by the applicants but it is their intention to use them forthwith, in respect of Petroleum and Products of Petroleum with or without admixture of other materials in Class 47.

Registration of Mark (2) shall give no right to the exclusive use of the letters "S & V" either separately or in combination.

Dated the 15th day of March, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY, Assistant General Manager.

(FILE NO. 115 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Yu Tit Hon

()trading as the Allan Drug Company of No. 316 Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 8th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark namely:-

Lightning Brand

閃電牌

in the name of the said Yu Tit Hon trading as

the Allan Drug Company, who claims to be the sole proprietor thereof.

      The Trade Mark is intended to be used by the applicant in Class 3 in respect of Chemical substances prepared for use in medicine and pharmacy.

      Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 15th day of May, 1935.

P. H. SIN & CO.,

Solicitors for the Applicant,

Asia Life Building, Hong Kong.

(FILE NO. 171 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Brighty Battery Company of No. 805, Canton Road, Kowloon, has on the 24th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following two Trade Marks:-

(1)

BRIGHTY

NO. 599

TRADE

MARK.

FLASHLIGHT BATTERY

BRIGHTY BATTERY CO.

MADE IN HONGKONG CHIMA,

1326

In the Matter of The Companies Ordi-

nance, 1932,

and

In the Matter of The Hong Kong New

Theatre Company, Limited.

MEMBERS' VOLUNTARY WINDING-UP.

NOTICE is hereby given in pursuance of Section 225 of the Companies Ordinance, 1932, that a General Meeting of the Members of the above-named Company will be held at No. 8, Queen's Road West, Victoria, Hong Kong, on Thursday, the 20th day of June, 1935, at 2.30 o'clock in the afternoon for the purpose of having an account laid before them, showing the manner in which the windng-up has been conducted and the property of the Company disposed of, and of hearing any ex- planation that may be given by the Liquidator, and also of determining by Extraordinary Re- solution the manner in which the books, ac- counts, and documents of the Company, and of

the Liquidator thereof shall be disposed of.

Dated the 16th day of May, 1935.

CHAU YUT U, Liquidator.

(FILE No. 172 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tien Yien

(FILE No. 157 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Fong Tin San

(方殿臣) Agent for the Fong

Fook Tai firm) of No. 99, Des Voeux Road West, Victoria, in the Colony of Hong Kong, Tea Merchants, have, on the 6th day of April, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

州杭

B

泰福

標商福萬

in the name of Fong Fook Tai Firm,

福泰號)who claim to be the sole

proprietors thereof.

The said Trade Mark is intended to be used

by the applicant in Class 42 in respect of

"Hangchow China Lung Tsing Tea" (i Foodstuff Chemical Works (*).

州龍井茶)

) of No. 52, New Market

Street, Hong Kong, have, by an application

dated the 25th day of April, 1935, applied for

the registration, in Hong Kong, in the Register

of Trade Marks, of the following Trade Mark:-

王中味

MECHUNGWONG

THE CHORES NETHER

PENCILAT & VELADO

TIEN YIEN

Thin seventy garde

maman, manuluarvent

pam. A plush of than fun

shh singing pembe allað

medy dymilla Wha hagu

跟粉味然天樂廳

Adaptad-dye my

TIEN YIEN

品饪室

The applicant disclaims the right to the

exclusive use of the Chinese characters (ħ

**).

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 17th day of May, 1935.

D'ALMADA & MASON,

Solicitors for the Applicant,

33, Queen's Road Central, Hong Kong.

(12)

NO.590

TRADE MARK

KM

MANUFACTURED BY KWONGMING BATTERY

in the name of Brighty Battery Company, who claims to be the sole proprietor thereof.

The Trade Marks are intended to be used forthwith by the applicant in Class 8 in respect of Flash Light Batteries.

Registration of the " B. B. Co." monogram mark shall give no right to the exclusive use of the word "Brighty" and of the abbreviation and figures "No. 599 " appearing thereon.

Registration of the "Building mark shall give no right to the exclusive use of the word

                 KM' Brighty "the letters " in combination or separately and of the abbreviation and figures "No. 590" appearing thereon.

66

66

99

Dated the 17th day of May, 1935.

BRIGHTY BATTERY COMPANY,

Applicant.

|

NO.3

KAHAPA.

A

in the name of the said Tien Yien Foodstuff

N

(FILE No. 67 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Bruns- viga-Maschinenwerke Grimme, Natalis

& Company, Aktiengesellschaft of Brauns- chweig, Kastanienallee 71 has on the 17th day of January, 1935, applied for Registration in

Chemical Works, who claim to be the proprie- Hong Kong, in the Register of Trade Marks,

tress thereof.

The Trade Mark has been used by the Ap- plicants in respect of seasoning powder, in Class 42.

Registration of the Trade Mark shall give no right to the exclusive use of the Chinese

of the following Trade Mark :-

Brunsviga

in the name of Brunsviga-Maschinenwerke

Characters (E) and the English Grimme, Natalis & Company, Aktiengesells-

"the

"Me Chung Wong phonetic equivalent representation of cash, and of the abbreviation and figures "No. 2" and the Chinese Charac-

(appearing thereon.

ters

Dated the 17th day of May, 1935.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicant,

St. George's Building,

Hong Kong.

chaft, of Braunschweig, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicant in respect of calculating and adding

machines in Class 8.

Dated the 14th day of March, 1935.

DENNYS & COMPANY, Solicitors for the Applicants, National Bank Building,

Hong Kong.

21

(FILE Nos. 327 of 1933 and 127 OF 1935).

TRADE MARKS ORDINANCE 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Kian Gwan Company, India, Limited, a Company incorporated under the laws of British India,

(FILE No. 160 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

N

a Trade Mark.

OTICE is hereby given that Tai Yuet

Po(戴月波) Sole Proprie-

tor of the Lee on Foreign firm ( #) of No. 129, Queen's Road Central,

(FILE Nos. 506 AND 523 or 1934)

TRADE MARKS ORÐINANCE, 1909.

and having a Branch Office at Pedder Building, Victoria, in the Colony of Hong Kong, Merchant, N

   Pedder Street, Victoria, Hong Kong, have on the 19th day of July, 1933 and 25th March, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Marks, Nos. 1 and 2 respectively:-

(1)

has on the 11th day of April, 1935, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

【貴富大行洋安利

Application for Registration of

Two Trade Marks.

OTICE is hereby given that The General Electric Company Limited of Magnet House, Kingsway, London, W.C. 2, England, Manufacturing Electrical Engineers, have on the 27th day of September, 1934, and the 19th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

QUALITY GUARANTEED

TJAP

15

TRADE MARK

Limolas

"DEI-TIONG-HAM"-CONCERN SPECIALLY MADE.FOR

KIAN GWAN.

MADE IN.HONG KONG

(2)

DAISY

花錢

in the name of Kian Gwan Company, India, Limited, who claim to be the proprietors thereof.

    The Trade Mark No. 1 has been used by the Applicants since 1st January, 1933, in respect of the following goods :-

Electric Batteries, in Class 8.

and

Trade Mark No. 2 has been used by the

Applicants since January, 1931, in respect of

the following goods :--

Tapioca Flour, in Class 42.

The registration of Mark No. I shall give no right to the exclusive use of the figures "15" and the Applicants undertake not to use this mark in the colours red, white and blue.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

in the name of Tai Yuet Po, who claim to be the sole proprietor thereof.

The said Trade Mark is intended to be used by the Applicant in Class 34, in respect of cloths and stuffs of wool.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of April, 1935.

N

D'ALMADA & MASON, Solicitors for the Applicant, No. 33, Queen's Road Central, Hong Kong.

(FILE No. 148 OF 1935).

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Nam Tai Company, of No. 18, Bonham Strand West, Victoria, in the Colony of Hong Kong, have on the 1st day of April, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

LIBERTY BRAND

自由神牌

TRADE MARK

in the name of the Nam Tai Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since March, 1934, in respect of the following goods :-

Kerosene, Gasolene and Fuel Oil, in

Class 47.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

OSRAM

OSRAM

(2)

OSIRA

in the name of The General Electric Company Limited, who claim to be the sole proprietors thereof.

The "Osram Trade Mark in the form ap- pearing above has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

The

+

Electric Incandescent Lamps, in Class

13.

落落

Osira Trade Mark has been used by

the Applicants in respect of :-

Electric discharge lamps, electric high pressure mercury lamps, electric incandescent lamps and fittings for electric light, in Class 13.

The Applicants disclaim the right to the exclusive use of the representation of an elec- tric bulb appearing in the "Osram Trade Mark.

""

The said Trade Marks are to be associated

with Trade Mark No. 325 of 1919 and with

each other.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of April, 1935.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central,

Hong Kong.

1328

(FILE No. 159 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that The Eastern Trading Company of Bank of China Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents, have on the 9th day of April, 1935, applied

for the registration, in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks :-

(1)

(FILE No. 158 OF 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Shing Cheong Tai Firm of No. 173 Wing Lok Street, Victoria, in the Colony of Hong Kong, have on the 9th day of April, 1935, applied for registration in Liong Kong, in the Register of Trade Marks, of the following Trade Mark :-

不能

認電機

生變助

謹記

旗諸妙時益

啟酒 商君

TRADE

MARK

吳標請賜

海久

標商

www

|品改精.

1尤田成露香直

見科績酒冬沽天厰

『學出料菜專津房

『善新

且法近

:

FLYING HORSE BRAND

商標

(2)

TRADE

MARK

M

FLAG BRAND

旗球老驛等

in the name of The Eastern Trading Company,

who claim to be the sole proprietors thereof.

The two Trade Marks have not hitherto been

used by The Eastern Trading Company in respect

in the name of The Shing Cheong Tai Firm, who claim to be the prorietors

thereof.

The Trade Mark has been used by the Applicants since April, 1930, in respect of the following goods :-

Preserved vegetable, in Class 42.

The registration of this Mark shall give no right to the exclusive use of the Chinese Characters for "National Ensign" and of the two flags

appearing on the mark save in the exact position as shown on the mark entwined with a tassel.

Dated the 18th day of April, 1935.

(FILE No. 116 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kwong Tin

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

ORDINANCES FOR 1934.

  of the goods mentioned in their applications but N Talk Firework Manufacturing Company BOUND volumes of Ordinances of "Flying Horse" trade mark in respect of Shoes *) of No. 254, Des

it is intention so to use the

""

in Class 38. and the Flag trade mark in respect of Straw Board and Paper in Class 39.

     Registration of the "Flag" trade mark shall give no right to the exclusive use of the letter "M" appearing thereon.

Dated the 19th day of April, 1935.

THE EASTERN TRADING CO.,

Applicants.

Voeux Road Central, Victoria, Hong Kong, have, by an application dated the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MOUNTED KNIGHT

FLASHLIGHT

Hong Kong, including Pro- clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),

Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.

Each additional line,

Chinese, per Character, Repetitions,

RUOUDNG TIN TRU

MADE IN CHINA

Trade and Shipping

Returns for the month of March, 1935.

$18.00 in the name of the said Kwong Tin Tak Fire-COMPILED by the Statistical

10.00

6.00

$1.00 for 1st $0.20 insertion.

5 cents. Half price.

Advertisement must reach, this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

work Manufacturing Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Firecrackers and Fireworks in Class 20.

Registration of the said trade mark shall give no right to the exclusive use of the figures "4" and "8" either separately or in combina- tion and of the word "Flashlight" appearing on the specimen mark attached to the form of application.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers.

18, Ice House Street.

T

1329

(FILE No. 54 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Societa Anonima Egidio Galbani of Melzo, Italy, a Company incorporated under the laws of Italy, have, by two applications both dated the 1st day of February, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade

Marks:-

(1)

ORMAGGIO DEL BEL PAESE

SAEGIDIO GALBAN

(2)

FORMAGGIO ROMA

SOC.AN EGIDIO

MELZO

(FILE No. 117 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chung Yuk

N Cho (鍾煜初) trading as

The Kwong Ah Firm(光亞號) of No.

311, Queen's Road West, first, second and third floors, Victoria, Hong Kong, have, by an

application dated the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

記為

in the name of the said Chung Yuk Cho trading as The Kwong Ah Firm, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Articles made of leather not included in other classes including Port- manteaus, suitcases and hand-bags in Class 37.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

(FILE No. 89 of 1935)

TRADE MARKS ORDINANCE, 1509.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that The Ping

Sing Knitting Company Limited, of No. 90 to 98 Cheungshawan Road. Shamshuipo, Hong Kong, have, by two applications both dated the 28th day of February, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Marks:-

( 1 )

GALBANI

FORMAGGIO, ROMA

SOC. AN. EGIDIO CALAANI MELIO

POLO

(2)

in the name of the said Societa Anonima Egidio Galbani, who claim to be the proprietors thereof.

     The said trade marks have been used by the applicants and their predecessors in business in respect of Cheese, Butter and Milk Products in Class 42.

""

     Registration of trade mark No. (1) shall give no right to the exclusive use of the words "Formaggio Del Bel Paese and of the map device and registration of trade mark No. (2) shall give no right to the exclusive use of the words "Formaggio Roma".

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Hong Kong.

(BUOY)

in the name of the said Ping Sing Knitting Company Limited, who claim to be the proprie-

tors thereof.

The said Trade Marks are intended to be used by the applicants forthwith in respect of Articles of Clothing in Class 38.

Registration of Trade Mark No. (1) shall give no right to the exclusive use of the representa- tion of a bathing costume on the figure and registration of Trade Mark No. (2) shall give no right to the exclusive use of the letters "PS" either separately or in combination.

Dated the 15th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

1332

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 160.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is-

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Notification.

16th April, 1924.

30th April, 1926.

lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

23rd May, 1935.

No. S. 55.

D. W. TRATMAN,

Colonial Secretary.

No. 3/1935.

Laying of Second Cross Harbour Pipe.

  Operations involving the use of Divers are being carried out on a line from the sea wall opposite the South end of Nathan Road, Kowloon, to the North end of Queen's Pier, Victoria, Hong Kong.

All craft used on the work will be flying a large square red flag.

All shipping must give a wide berth to the immediate area in which these craft are at work and must also proceed dead slow whilst in the vicinity.

Harbour Department,

21st February, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORks Department.

  No. S. 139.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Eastern Pumping Scheme-Covered Service Reservoirs at Middle Gap and Mount Cameron ", will be received at the Colonial Secretary's Office until Noon of Monday, the 27th day of May, 1935. The work consists of constructing two covered concrete service reservoirs and contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

3rd May, 1935.

R. M. HENDERSON,

Director of Public Works.

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 24 of 1933,

Re Siu Fung Pawnshop of 52A, Re- clamation Street, Yaumati, in the Dependency of Kowloon, in the Colony of Hong Kong.

FIRST Dividend of $20.00 per cent has

been declared in the above matter.

NOTICE is hereby given that the above

mentioned dividend may be received at the Office of the undersigned, inside the Tiu Yuen firm, No 34, Portland Street, Yaumati aforesaid, on Tuesday, the 28th day of May, 1935, between the hours of 10 a.m. and 2 p.m. and on any subsequent day during the said hours.

Creditors applying for payment must produce any bill of exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

I

Dated the 21st day of May, 1935.

CHAN TSO CHEUNG,

Trustee.

Notice of Change of Surname.

WILLIAM JOHN DIXEY-BEAL heretofore called and known by the name of WILLIAM JCHN DIXEY of Police Headquarters, Victoria, in the Colony of Hong Kong, hereby give public notice that on the 20th day of May, 1935, I formally and absolutely renounced relinquished and abandoned the use of my said surname of "DIXEY " and then assumed and adopted and determined thenceforth on all occasions what- soever to use and subscribe the name of DIXEY- BEAL instead of the said name of "DIXEY AND I give further notice that by a deed-poll dated the 20th day of May, 1935, duly executed and attested I formally and absolutely renoun- ced and abandoned the said surname of "DIXEY" and declared that I had assumed and intended thenceforth upon all occasions what- soever to use and subscribe the name of " WILLIAM JOHN DIXEY-BEAL' instead of "WILLIAM JOHN DIXEY" and so as to be at all times thereafter called known and described by the name of WILLIAM JOHN DIXEY-BEAL ex- clusively.

Dated the 21st day of May,

1935.

WILLIAM JOHN DIXEY-BEAL

In the matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The Sinophone Com-

pany, Limited.

CREDITORS' VOLUNTARY WINDING-UP.

NOTICE is hereby given in pursuant of

Section 234 of the Companies Ordinance,

1932, that a Final General Meeting of the Mem- bers of the above-named Company will be held at 2nd floor, of No. 37, Des Voeux Road Central, Victoria, Hong Kong on Wednesday, 26th June, 1935, at 4.00 p.m. and a General Meeting of the Creditors of the said Company will be held

at the same place and on the same day at 4.30

p.m. for the purpose of having an account laid

before them showing the manner in which the

1336

(FILE No. 119 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sweets,

Federal Inc., U.S.A., of No. 36, Baikal Road, Shanghai, China, have on the 9th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BUBBLE GUM

香D

糖泡

in the name of Sweets, Federal Inc., U.S.A., who claim to be the sole proprietors thereof.

The above Trade Mark has been used by the Applicants since six months ago, in respect of chewing gum, candy confectionery, sugar, dried fruits, preserved meats and other sub- stances used as food or as ingredients in food excluding flour in Class 42.

Registration of this Trade Mark shall give no right to the exclusive use of the words "Bubble Gum" and the Chinese Characters

(泡泡香糖) appearing on the said

mark.

Facsimile of the above Trade Mark can be seen in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of March, 1935.

WILKINSON & GRIST,

Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

白告股退承

乙人後一盤頂別乙原啓 亥蠻我槪清與業亥H者 年美長照算我自年歐皇

ALEXOP

股股月無號與將安將月鑾

winding-up has been conducted, and the pro- RA

perty of the Company disposed of, and of u+****

hearing any explanation that may be given by

the Liquidators and also determining by Extra-RATA

ordinary resolution the manner in which the

books, accounts and records of the Company,

Ł27BBGA

and of the Liquidators thereof shall be disposed | 變安 佈虧如份承所該有七

of.

Dated the 24th day of May, 1935.

LEE IU CHEUNG,

LI TUNG,

Liquidators.

堂號

概數歷受占股股號 與收年經之友份長 退足盜已股志做安 股自利滿份圖至號

THE ON HING COMPANY, LIMITED.

NOTICE OF CREDITORS' MEETING.

OTICE is hereby given that a Meeting of the Creditors of the On Hing Company, Limited, will be held at the office of the Company at No. 10 Hing Lung Street, Victoria, in the Colony of Hong Kong, on Friday the 31st day of May 1935, at 2 o'clock in the afternoon, for the purposes mentioned in Sections 227 and 229 of the Companies Ordin- ance, 1932.

Dated the 20th day of May, 1935.

By Order of the Board,

YAU TIT HING,

Managing Director.

FILE No. 432 of 1933)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Chrysler Cor- poration, a corporation duly organised

and existing under the laws of the State of Delaware, doing business in the City of Detroit,

County of Wayne, State of Michigan, United States of America, have on the 21st day of September, 1933, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

--:

DODGE BROTHERS

in the name of Chrysler Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 12th November, 1914, in respect of the following goods :-

Automobiles and their structural parts,

in Class 22.

The words Dodge Brothers" have been declared to be distinctive by Order of His Excellency the Governor under Sectiou 9(5) of the Trade Marks Ordinance 1909.

Dated the 22nd day of March, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

(FILE No. 93 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Gunther

Wagner of Hanover, Germany, have on

the 1st day of March, 1935, applied for the

registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

Pelikan

in the name of Gunther Wagner, who claim to

be the sole proprietors thereof.

The Trade Mark has been used by the Ap-

plicants in respect of Stationery of all kinds

and descriptions in Class 39.

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 22nd day of March, 1935.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

A

(FILE No. 152 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that I. G. Farben-

industrie Aktiengesells haft of rancfort on Main, Gruneburgplatz, Germany. Manufac turers have on the 30th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

1337

(FILE No. 170 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICF is hereby given that the Au Siu

Cho Firm, of China Building, Queen's Road Central, Victoria, Hong Kong, has on the 16th day of April, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

TWO LAMBS

-

!

(FILE No. 109 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of Four Trade Marks.

NOTICE is hereby given that Leung Yau

Shing trading as The Kung Hing Firm, of No. 7, Tsung Sau Street East, Victoria, Hong Kong, has, on the 6th day of March, 1935 applied for the registration, in Hong Kong, in the Register of Trade Marks of the following four Trade Marks :--

(1)

SAFETY MATCHES

Tropex

in the name of I. G. Farbenindustrie Aktienge- sellschaft who claim to be the sole proprietors thereof.

    The Trade Mark has been used by the Applicants in res; ect of :-

ސ

Photographic papers in Class 39.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of April, 1935.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

in the name of the Au Siu Cho Firm, who

claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 5 in respect of Bamboo steel, Plain Steel, Galvanized sheets and Yellow Metal Sheathing.

Dated the 26th day of April, 1935.

AU SIU CHO,

China Building,

Queen's Road Central,

Hong Kong.

製監號興公

(2)

SAFETY MATCHES

製錦興公子

(FILE No. 161 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that I. G. Farben-

industrie Aktiengesellschaft of Grune- burgplatz, Francfort-on Main, Germany, Manu- facturers have on the 1st day of February, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

Isopan

N

(FILE No. 165 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Man Ngai Knitting Factory, of Nos. 256 and 258, (Second Floors), Kilung Street, Shumshui- po, Kowloon, Hong Kong, Knitting Manufac- turers, have on the 15th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

廠造織藝民

牌魚人美

TRADE

MARK

(3)

MARK

(4)

興公

THE ROPE BRAND

in the name of I. G. Fabenindustrie Aktienge- sellschaft who claim to be the sole proprietors thereof.

    The Trade Mark has been used by the Ap- plicants in respect of :---

Photographic films sensitized in Class 1.

The said Trade Mark is to be associated with Trade Marks Nos. 317 of 1932 and 30 of 1935.

    A facsimile of such Trade Mark can be seen at the Offices of the Re istrar of Trade Marks of Hong Keng and of the undersigned.

Dated the 26th day of April, 1935.

DEACONS,

Solicitors for the Applicants, No. 1, I es Vœux Road Central, Hong Kong.

MAN NGAI KNITTING FACTORY

in the name of The Mau Ngai Knitting Factory, who claim to be the sole proprietors thereof.

Such Trade Mark has not been used by The Man Ngai Knitting Factory, in respect of the goods mentioned in their application but it is their intention to use it forthwith in respect of Hosiery and Singlets, in Class 38.

Registration of this trade mark shall give no right to the exclusive use of the firm name in English and Chinese.

Dated the 26th day of April, 1935.

THE MAN NGAI KNITTING FACTORY, Nos. 256 and 258, Kilung Street, (2nd Floors), Shumshuipo, Hong Kong,

Applicants.

◇ 製藍辣興公:

in the name of the said Leung Yau Shing trad- ing as The Kung Hing Firm, who claims to be the proprietor thereof.

The said Trade Marks are intended to be used forthwith by the Applicant in Class 47 in respect of Matches.

Registration of the above four Trade Marks shall give no right to the exclusive use of the

Chinese characters (1) "Kung

Hing Firm".

Registration of the second Trade Mark, shall give no right to the exclusive use of the Chinese characters (PF), in com-

bination or separately, except as exactly formed by the device of a rope as shown thereon. The Trade Marks Nos. (1), (2) and (4) are associated with one another.

Dated the 26th day of April, 1935.

A. EL ARCULLI, Solicitor for the Applicant, No. 10, Ice House Street, Hong Kong.

1338

(FILE NO. 90 of 1935)

TRADE MARKS ORDINANCE, 1909.

No

Application for Registration of a Trade Mark.

OTICE is hereby given that Success Battery Company, of Nos. 15 to 19, Lai Chi Kok Road, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 1st day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

(FILE No. 91 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Java Flash-

light Factory, of No. 23, Yen Chow Street. Shamshuipo, Kowloon, in the Colony of Hong Kong, have on the 1st day of March, 1935, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

SUCCESS

TRADE

MARK

WHEN CELLS ARE EXHAUSTED THEY SHOULD BE IMMEDIATELY REMOVED TO PREVENT CHEMICAL ACTION CAUSING THEM TO STICK IN THE CASE

GUARANTEE QUALITY ANO SERVICE ARE IN THE HIGHEST DEGREE ARE COM BINS IN THE BATTERY AND IT IS GUARANTEED TO GIVE COM FLETE SATISFACTION

SUCCESS

TRADE

No.

OK

MARK

200

SINGLE CELL

FOR FLASHLIGHT

SUCCESS BATTERY CO

MADE IN HONG KONG

SHEEP

BRAND

in the name of the said Success Battery Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Battery in Class 8.

The Applicants undertake not to use the mark in red and blue colours and that Regis- tration of this mark shall give no right to the exclusive use of the letters "O.K." either separately or in combination, the figures 200" and all the words appearing on the mark with the exception of the word "SUCCESS

"No.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 22nd day of March, 1935.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

in the name of the said Java Flashlight Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Flashlight in Class 8.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 22nd day of March, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1340

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 161.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements,

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

31st May, 1935.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary,

PUBLIC WORKS DEPARTMENT.

   No. S. 162.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Hospital Servants Quarters", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of June, 1935. The work consists of the erection of a three-storey building comprising single and married quarters adjoining the new Government Civil Hospital.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

31st May, 1935.

R. M. HENDErson,

Director of Public Works.

1341

PUBLIC WORKS DEPARTMENT.

No. S. 163. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Public Conveniences, New Bathing Beaches, Repulse Bay", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of June, 1935. The work consists of the erection of two small conveniences, built in brick and concrete, at Middle and South Beaches, Repulse Bay.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

31st May, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 164.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 17th day of June, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No. of Sale.

Boundary Measurements.

Registry No.

Locality.

Contents in

sq. feet.

Annual Upset Rent. Price.

N.

S.

E.

W.

feet.

feet. feet.

feet.

$

1

Inland Lot No. 4223.

Opposite Inland Lot No. 3289, Tai Hang Road.

As per sale plan.

About

32,700

600

16,350

31st May, 1935.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notices of Public Examination.

No. 2 of 1935.

Re The Canton Brothers Rubber Manu- facturing Company, of Hai Tan Street, Mongkok, Kowloon, in the Colony of Hong Kong, Manufac- tures and Tan Shu Shu, Tang Pak Ki and Tang Sui Ying, partners therein.

!

NOTICE is hereby given that the Public

Examinations of Tang Shu Shu and Tang Pak Ki, will be held at the Supreme Court. Victoria, in the Colony of Hong Kong, on Saturday, the 8th day of June, 1935, at 10 a.m.

No. 6 of 1935.

Re The Century Company, of No. 126, Wing Lok Street, 2nd floor, Victoria, in the Colony of Hong Kong, Exporters and Importers, and Wong Siu Ping, Chong Shing Chung and Pak Hung Kay partners therein.

NOTICE is hereby given that the Public

Examinations of Wong Siu Ping and

Chong Shing Chung will be held at the Supreme Court, Victoria, in the Colony of

1343

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURisdiction.

In the Goods of Lee Soo, late of No. 140A, Trenton Street, San Francisco, California, in the United States of America, Married Woman, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the tim for Creditors and others to send in their claims against the above estate to the 22nd day of June, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 27th day of May, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator,

Prince's Building,

Hong Kong.

NOTICE.

OTICE is hereby given that a Meeting of the Creditors of The Hoo Tin Restaurant Limited, will be held at the Regis- tered Office of the Company situate at No. 318 Des Vœux Road Central, Victoria, in the Colony of Hong Kong, on Tuesday, the 11th day of June, 1935, at 5.30 in the afternoon pursuant to the requirements of Section 227 of The Companies Ordinance, 1932.

Dated the 31th day of May, 1935.

By Order of the Board,

(FILE No. 166 of 1935)

TRADE MARKS ORDINANCE, 1909.

郭小宇

(KWOK SIU YUE),

Managing Director.

Application for Registration of Trade Marks.

Hong Kong, on Saturday, the 8th day of June, NOTICE is hereby given that The Wong Wing Sing Firm (E✯Д)

1935, at 10 a.m.

Dated the 31st day of May, 1935.

JAMES J. HAYDEN,

Official Receiver

of No. 61, Des Voeux Road West, Hong Kong, have, by five applica- tions all dated the 11th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(2)

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Discharge.

No. 21 of 1932.

Re Gregorio Maria Xavier, of No. 334, Hennessy Road, (top floor). Victoria, in the Colony of Hong Kong, Clerk.

N OTICE is hereby given that the above

named debtor was discharged on the

3rd day of May, 1935.

No. 22 of 1932.

Re Leung Shiu Tak of No. 13, Hill Road, (second floor), Victoria, in the Colony of Hong Kong, Clerk.

NOTICE

OTICE is hereby given that the above named debtor was discharged on the 3rd day of May, 1935.

No. 23 of 1932.

Re Mak On Tai, of No. 403, Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, lerk.

NOTICE is hereby given that the above

named debtor was discharged on the 3rd

day of May, 1935

Dated the 31st day of May, 1935.

JAMES J. HAYDEN,

Official Receiver

(1)

TRADE

MARK

牌極太

牌童雙

in the name of the said Wong Wing Sing Firm, who claim to be the proprie- tors thereof.

The trade marks are intended to be used by the applicants forthwith. as to mark No. (1) in Class 42 in respect of Pulses, Olive Oil, Malt, Dried Fruits, Canned Fruits, Tea, Sago, Salt, Preserved Meats, Marine Delicacies, Fish, Oil Cakes, Soy, Sauce, Pickles, Flavouring Powder and Milk, and in Class 47 in respect of Common Soap and Matches, and in Class 48 in respect of Perfumed Soap and as to mark No. (2) in Class 47 in respect of Common Soap and Matches and in Class 48 in respect of Perfumed Soap.

The Applicants undertake not to colour in gold trade mark No. (1) in Class 42 when used in respect of Milk.

Dated the 31st day of May, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

(FILE NO. 210 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is Bi

OTICE is hereby given that Abbas Khan

(FILE No. 216 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Cheung Ka

and Company, of No. 61, Hollywood ICE

Road, Victoria, in the Colony of Hong Kong, Provision Dealers, have on the 15th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEST

خالص

QUALITY

SOLDIER BRAND

بڑی احتیاط لیے لکھن کو گرم کر کے بنایا گیا ہے

Chai Firm) of No. 164, Wing Lok Street, West, (ground floor), Victoria, in the Colony of Hong Kong, General Merchants, on the 22nd day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

-

(FILE No. 196 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sam Wo

Hing & Company, Limited, of No. 21, Kong, have on the 1st day of May, 1935, applied Queens Street, Victoria, in the Colony of Hong

for the registration in llong Kong, in the Regis- ter of Trade Marks, of the following Trade Mark viz :-

&

PURE

GHEE.05.

PREPARED FOR

ABBAS KHAN & Co.

HONG KONG

in the name of Abbas Khan and Company, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in Class 42 in respect of Ghee (Clarified butter) since April, 1935.

Dated the 31st day of May, 1935.

A. EL ARCULLI, Solicitor for the Applicants, No. 10, Ice House Street, Hong Kong.

(FILE No. 87 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

NOT

OTICE is hereby given that Ngai Sang Knitting Company, Limited, of Nos. 36-44 Nullah Road, Kowloon, in the Colony of Hong Kong, have on the 27th day of February, 1935, applied for the registration in Hong Kong,

     in the Register of Trade Marks, of the following Trade Marks viz :-

(1)

造織生藝港香

NGAI SANG KNITTING CO.LTD,

MOTOR CAR BRAND 啄車由自

(2)

造纖生藝港香

NGAI SANG KNITTING CO.L TO

THIS GENUINE WINE IS INCOMPARABLY GOOD TO HEALTH

in the name of Sam Wo Hing & Company, Limited, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredient in food.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks

Hong Kong and of the undersigned. Dated the 31st day of May, 1935.

in the name of Cheung Ka Chai Firm, (of

who claim to be the proprietors

thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 3 in respect of Medicated or medicinal wine and in Class 44 in respect of Medicated or medicinal wine.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

It is hereby stated that Registration of this mark shall give no right to the exclusive use

of the Chinese Characters () appearing thereon.

Dated the 31st day of May, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 203 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Eastern

Bank of China

Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents, have, on the 10th May, 1935, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

WINGED

上等火柴

ANCHOR

飛鐩商標

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

(FILE NOS. 197 AND 212 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Batten and Company, (八達公司)

of China Building, Victoria, Hong Kong, have, by two applications dated respectively, the 2nd and 18th days of May, 1935, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

牌雁射

in the name of the said Ngai Sang Knitting Company, Limited, who claim to be the pro- prietors thereof.

The Trade Marks are intended to be used by the Applicants in respect of Singlets in Class 37.

       Facsimiles of the Trade Marks can be seen at at the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 31st day of May, 1935.

NGAI SANG KNITTING CO. LTD.,

Applicants.

製廠柴火新鼎商華

in the name of The Eastern Trading Company, who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by The Eastern Trading Company but it is their intention so to use it forthwith in respect of Matches in Class 47.

Registration of this Trade Mark shall give no right to the exclusive use of the medal devices.

Dated the 31st day of May, 1935.

THE EASTERN TRADING COMPANY' Bank of China Building, Hong Kong.

Applicants.

壽福

牌禄

in the name of the said Batten and Company, who claim to be the proprietors thereof.

Trade Mark No. 1 is intended to be used by the Applicants forthwith in respect of Chemical substances used in manufacturers, photography or philosophical research and anti-corrosives in Class 1 and Trade Mark No. 2 in respect of Milk in Class 42.

Dated the 31st day of May, 1935.

BATTEN AND COMPANY, China Building, Hong Kong, Applicants.

白告股退承

(FILE No. 52 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

英未準名林香定遵 一之清期下君港特照 九後希一川國德此 三大「九達楨補登九 五華未昌同道報 年生交五堂任中啓

NOTI

OTICE is hereby given that The Polylock Drug Company ( 承退 五意易年及本一者年

                   大藥行) of No. 35, Queen's Road Central, (1st floor), Victoria, in 股股 月盈七榮公百林第 the Colony of Hong Kong, have, on the 31st day of January, 1935, applied 人人 卅觀理月發司六君廿 | for the registration in Hong Kong, in the Register of Trade Marks, of the

一办妥一堂司十國五 following Trade Mark:-

大即林口與倘日所理五楨條

華達國

退交交佔全號前取 股易易股志大用締 楨 人後備份圖華林僞 X 無林頂四百燊頂 涉概君賣業貨即生 此與仁與自公利意 佈本內養行司成則 公有和告生堂例 司任堂辭意名第 無何等自股下三 涉轉承願份所章 自轕受將但佔規

東堂藥

疾痛之功

想鹗

哲具有粉

配制而成

科學 理

祖兒谷村

(五)()(三)(二){}

及藥劑的

品之精華

精兒肥

AL

五 子母 咸宜 家中貨

蔡州主治

食品優

紀良應用

- 消化樾能存力

防疾治病 保持健漾

乃採食

FATTIGEN

THE POLYLOCK DRUG COMPANY

MANUFACTURING BIO-CHEMIST

au

祛去

~ MARY MOTHÉT

ATTIGE

A MEDICINAL AND

ACCESSORY FOOD

To Strengthen And Correct

The Digestive System

An Exccient Prophylactic And

Curative Remedy

For The Common Disorders Of Infants

A CURATIVE FOR

1. Grigina

2. Censions

4. Rates Stea

5. Plate

6. &nicity

3. Tersung Pairs

B. Wexning Disturbances, Etc., Etc.

A PROPHYLACTIC FOR..

L Promont Keelch

2. Prevention of Duermi

3. Conserve tiem ar Human Energr

4. Ecce of Food Material

5. morsane of Waugh |

prement at Appetita

7, action of Ratreshen Stese

E. Proaction of 14or and Cheerfulness

Prepared Only By

THE POLYLOCK DRUG CO.

(FILE NO. 198 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chan Kam Hon trading as the China Ink Manufac-

turing Company of To Kwa Wan, in the Dependency of Kowloon, in the Colony of Hong Kong, has on the 2nd day of May, 1935, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark, namely:-

Winged Horse Mark

牌馬飛

鮮蝦

病治疾防 品珍

Chemeral W or the

in the name of The Polylock Drug Company, who claim to be the proprietors

thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 3 in respect of Medicated Articles.

Registration of this Mark shall give no right to the exclusive use of

the Chinese Characters (保爾樂肥兒精) and that Registration of this

mark is limited to the Colours exactly as shown on the mark attached to the

in the name of the said Chan Kam Hon trading application for registration deposited with the Registrar of Trade Marks.

as the China Ink Manufacturing Company, who

claims to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in Class 39 in respect of Print ing Inks.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 31st day of May, 1935.

P. H. SẢN & CO.,

Solicitors for the Applicant,

Asia Life Building,

Hong Kong.

Facsimiles of the above Trade Mark can be seen at the Offices of the

Registrar of Trade Marks of Hong Kong, and also of the undersigned.

Dated the 31st day of May, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants, No. 67, Des Voeux Road Central,

Hong Kong.

1346

(FILE NO. 113 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE No. 108 of 1935)

TRADE MARKS ORDINANCE, 1909

NOTICE is hereby given that The Hong NOT

Kong Commercial Company, of No. 4a, Des Vœux Road Central, 2nd floor, Victoria, in the Colony of Hong Kong, Importers and Ex- porters have on the 7th and 8th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

THE HONGKONG COMMERCIAL Co.

犀牛商標

寶泰洋行

RHINOCEROS BRAND

in the name of The Hong Kong Commercial Company, who claim to be the proprietors thereof.

The above Mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of sole and upper leathers in class 37 and hemp seaming twine in Class 50.

       A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of March, 1935.

C. Y. KWAN,

Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

(FILE No. 121 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is heroby given that Batten and Company. (A) of

China Building, Victoria, Hong Kong, Impor- ters and Exporters and General Merchants, have, by an application dated the 14th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Application for Registration of

Four Trade Marks.

OTICE is hereby given that Ho Sin Chow (trading as Ho Ka Om Medicine Company (7)

of Nos. 92 and 94 Tai Sun Road East, Canton, China, Manufacturer, has, by four applications all dated the 4th day of March, 1935, applied for he registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1) (2)

(3)

(4)

*****

仙艸油

in the name of the said Ho Sin Chow trading as Ho Ka Om Medicine Company, who claims to be the proprietor thereof.

The said Trade Marks have been used by the applicant in respect of Patent Medicines in Class 3 for the last thirty years.

Dated the 29th day of March, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant. St. George's Building, Hong Kong.

(FILE No. 112 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Kor Lun Manufacturing Company, of No. 234 Shanghai Street, Ground floor, Yaumati in the Dependency of Kowloon, in the Colony of Hong Kong, Universal Providers, have on the 7th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

SING

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent

I Transfer of Business Ordinance, No. 25

of 1923,

Notice is hereby given that Chan Yun Sang

(4) trading as Man Tsung Tai (A) (hereinafter called "the Trans- ()(hereinafter Dealer at No. 36, Connaught Road West,

feror", carrying on business of Ginseng

Victoria, in the Colony of Hong Kong, under the style or firm name of Man Tsung Tai

Ginseng Firm)

has agreed to transfer to Mok Yuck Kwan

()(hereinafter called "the Trans-

feree") of No. 36, Connaught Road West, Victoria, aforesaid, Merchant, all that the business of the said Man Tsung Tai Ginseng Firm including the goodwill, fixture, furniture, stock-in-trade and effects.

The Transferee intends to carry on the said business at the same address and under the same style or firm name of Man Tsung Tai Ginseng Firm and to add the words " Hing Kee to the said name and will not assume the liabilities incurred in the business of the Trans- feror prior to the 1st day of July, 1935.

Dated the 31st day of May, 1935.

LEO, D'ALMADA & CO., Solicitors for the parties.

(FILE No. 118 of 1935)

TRADE MARKS ORDINANCE, 1909.

No

Application for Registration of Two Trade Marks.

OTICE is hereby given that the Hing Lee Hong, of No. 72, Bonham Strand East, Victoria, in the Colony of Hong Kong, have applied for the registration in Hong Kong, in the Register of Trade Marks, of the undermen- tioned Trade Marks (1) and (2) by Applications both dated 8th March, 1935, as amended in the case of (1) on the 20th March, 1935 :-

(1)

黄興利炮行

HY

TRADE MARK

(2)

DO NOT HOLD IN HAND AFTER LIGHTING

進行利興著

COUPLE FISHES BRAND

DE MARK

TRAIN

BRAND

     in the name of the said Batten and Company, who claim to be the proprietors thereof.

       The Trade Mark is intended to be used by the applicants forthwith in respect of Milk in Class 42

Dated the 2 th day of March, 1935.

BATTEN AND COMPANY,

Applicants.

in the name of The Kor Lun Manufacturing Company, who claim to be the proprietors thereof.

The above mark has not hitherto been used by the applicants but it is their intention to use same forthwith in respect of perfumery and toilet articles in Class 48.

The registration of this mark shall give the applicants no right to the exclusive use of the and the words "Hang Lan Bing" appearing on the mark.

Chinese Characters"香蘭冰

A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of March, 1935.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

BEST QUALITY

FLASH LADY CRACKERS

HING LEE HONG

HONG KONG

MADE IN CHINA

in the name of the said Hing Lee Hong, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants forthwith in respect of Chinese Fire Crackers in Class 20.

Registration of Trade Mark No. 1 shall give no right to the exclusive use of the Chinese

characters (黃興利炮行) and the re-

66

gistration of Trade Mark No. 2 shall give no right to the exclusive use of the firm name

Hing Lee Hong" in English and Chinese.

Dated the 29th day of March, 1935.

RUSS & CO. Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

Dria TEDEN

BV NORONHA & CO PRINTERS TO THE HONG KONG GOVERNMENT.

1348

Draft Bills.

No. S. 165.-The following Bills are published for general information :----

(C.S.O 3159/1935).

A BILL

[No. 18-8.5.35.-2.]

Short title.

Payment

ments,

pension, gratuity or allowance is payable to a public servant,

his widow

INTITULED

An Ordinance to regulate the payment of emoluments, pensions, gratuities or other allowances due to persons certified to be unable by reason of mental disability to manage their affairs.

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

1. This Ordinance may be cited as the Lunacy (Payment of Public Allowances) Ordinance, 1935.

2. When any sum in respect of emoluments, pension, where emolu- gratuity or other allowance is payable out of the revenues of the Colony to any public servant, or to the widow or child of any public servant, and the person to whom the sum is payable is certified by two persons who are either Government Medical Officers or medical practitioners to be unable by reason of mental disability to manage his or her or child and affairs, the Governor in Council may direct the payment of so much of the said sum as he may think fit to the institution or person having the care of the disabled person, and may direct the payment of the surplus, if any, or so much thereof as he may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person, and payment under such direction shall be a sufficient discharge from all liability in respect of any sums so paid.

the payee

is certified to be

incapable.

53 Vict.

c. 5, s. 335.

Objects and Reasons.

1. Section 335 of the Lunacy Act, 1890, provides that when any sum in respect of pay, pension, superannuation, or other allowance, or annuity under the control or manage- ment of any public department is payable to any person, in respect either of service as a civil servant or of military or naval service or of provision for a widow or child of a person employed in civil, military or naval service, and the person to whom the sum is payable is certified by a justice or minister of religion, and by a medical practitioner, to be unable by reason of mental disability to manage his or her affairs, the public department may pay so much of the said sum as the department may think fit to the institution or person having the care of the disabled person, and may pay the surplus, if any, or such part thereof as the department may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person and the department shall be discharged from all liability in respect of any sums so paid.

1349

2. That section of the Lunacy Act, 1890, is not in force in the Colony under either section 8 of Ordinance No. 3 of 1873, or Ordinance No. 3 of 1906 which deal with the Jurisdiction of the Supreme Court with respect to lunatics.

3. This Ordinance therefore enacts a provision on the lines generally of section 335 of the Lunacy Act, 1890, but by section 2 it is limited to personal emoluments, pensions, gratuities or other allowances payable out of the revenues of the Colony to any public servant, his widow or child and certification of mental disability by two persons who are either Government Medical Officers or medical practitioners is required. Also the discretionary power is vested in the Governor in Council and not in any depart-

ment.

4. "Public servant" and "Medical practitioner" are defined in the Interpretation Ordinance No. 31 of 1911.

C. G. ALABASTER,

Attorney General.

May, 1935.

1350

[No. 2:-6.6.35.-8.]

Short title.

New paragraph (aa) for Ordinance No. 10 of 1899, s. 2.

Substitution for Ordin-

ance No. 10 of 1899,

s. 2 (j)

and (0).

C.S.O. 2038/14 III.

A BILL

INTITULED

An Ordinance to amend further the law relating to Merchant

Shipping.

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

1. This Ordinance may be cited as the Merchant Shipping Amendment Ordinance, 1935.

2. Section 2 of the Merchant Shipping Ordinance, 1899, is amended-

(i) by the insertion of the following paragraph (aa) im- mediately after paragraph (a) thereof :----

(aa) "Governor' includes, in relation to any purpose of this Ordinance, any person authorised by the Governor for that purpose.

(ii) by the repeal of paragraph (1) thereof and the sub- stitution of the following paragraph :-

() "Passenger" includes any person carried in a ship other than the master and crew, and the owner, his family and 57 & 58 Vict. servants and persons on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, dis- tressed or other persons or by reason of any circumstance which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

c. 60, s. 267, 22 Geo. 5, c. 9, s. 33.

Amendment

of Ordin-

ance No. 10 of 1899,

s. 10 (2).

Amendment

of Ordin-

ance No. 10

of 1899,

s. 10 (4).

(iii) by the repeal of paragraph (o) thereof and the sub- stitution of the following paragraph :-

(o) "Steamer" or "Steamship" means any vessel pro- pelled by steam.

3. Section 10 (2) of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following proviso at the end thereof: -

Provided that paragraphs (a) and (b) of this sub-section shall cease to apply to Safety Convention passenger ships plying on international voyages on the expiration of twelve months from the coming into operation of any Order of His Majesty in Council, under section 36 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, extending the provisions of Part I of that Act to the Colony.

4. Section 10 (4) of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following words at the end thereof :--

Such Government surveyors may be classified as Ship Surveyors, Engineer Surveyors and Wireless Telegraphy Surveyors.

¡

1

1351

for Ordin

5. Sub-section (6) of section 10 of the Merchant Shipping Substitution Ordinance, 1899, is repealed and the following sub-section is substituted therefor :-

ance No. 10 of 1899, s. 10 (6).

as to

s. 724 (3);

(6) The Governor in Council may issue instructions to Regulations Government surveyors and make regulations as to the manner surveys. in which surveys of ships are to be made, as to the notice 57 & 58 Vict. to be given to the Government surveyors when surveys are c. 60, required, and as to the amount and payment of the fees due, 22 Geo. 5, and of any travelling or other expenses incurred by such c. 9, s. 1 (1). surveyors in the execution of their duties. The Governor in Council may by such regulations determine the persons by whom and the conditions under which any such payment shall be made. The power to make such regulations shall include a power to make such regulations applicable to passenger ships plying on international voyages as appear to the Governor in Council to implement the provisions relating to construction, machinery, equipment and marking of load lines which are contained in Chapter II of the International Convention for the Safety of Life at Sea, 1929, and the Regulations referred to therein (except so far as the said provisions are otherwise implemented by the Merchant Shipping Acts or this Ordinance).

Such instructions and regulations may-

(i) modify any such requirement, as respects passenger ships plying on any international coasting voyage, if and to the extent that the Governor in Council is satisfied that the risks incurred by passenger ships plying on that voyage are such as to make it unreasonable or unnecessary to require ships so plying to comply with that requirement; and

(ii) modify any such requirement, as respects ships for the time being engaged in any passenger trade in which they are employed in the carriage of large numbers of unberthed passengers, if the Governor in Council is satisfied that compliance with that requirement by ships so engaged is impracticable and to the extent that he is so satisfied that modifications are required by the conditions of the trade.

Provided that the Governor may

(a) treat any passenger ship constructed before the 1st July, 1931, ( not being a ship converted to passenger service on or after that date) as complying with any such requirement if he is satisfied that such steps, if any, as are reasonable and practicable have been taken to make the ship comply with that requirement; and

(b) modify, as respects any ship plying on short inter- national voyages, any of the requirements of the regulations relating to construction, made under this sub-section, which implement the provisions of the said Safety Convention contained in Regulations IX, X, XV and XIX thereof, if and to the extent that he is satisfied that that requirement is neither reasonable nor practicable in the case of that ship. Until such instructions and regulations are issued or made by the Governor in Council under this sub-section the Govern- ment surveyors shall execute their duties in accordance with the Instructions to Surveyors issued by the Board of Trade.

Amendment

of Ordin-

ance No. 10 of 1899,

s. 10 (8).

57 & 58 Vict.

c. 60, s. 272.

22 Geo. 5,

1352

6. Paragraphs (a) and (b) of section 10 (8) of the Merchant Shipping Ordinance, 1899, are repealed and the following paragraphs are substituted:

(a) A declaration of a Government ship surveyor contain- ing statements of the following particulars :-

(i) that the hull of the ship is sufficient for the service intended and in good condition;

(ii) that the boats, life buoys, lights, signals, compasses and shelter for deck passengers are such, and in such condition as are required by law;

(iii) the time (if less than one year) for which the hull and equipments will be sufficient;

    (iv) the voyages or class of voyages on which, as regards c. 9, s. 2 (1). construction and equipment, the ship is in the surveyor's

judgment fit to ply;

18 & 19 Vict. c. 104.

Ordinance No. 30 of 1915.

57 & 58 Vict. c. 60, s. 272.

22 Geo. 5,

c. 9, s. 5 (4).

22 Geo. 5, c. 9,

s. 2 (2).

22 Geo. 5,

(v) with reference to all passenger ships not coming within the provisions of the Chinese Passengers Act, 1855, or of the Asiatic Emigration Ordinance, 1915, if plying or intended to ply for hire, the number of passengers which such ship is, in the judgment of the surveyor, fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins, and in the different parts of the deck and cabins; such numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances as the Governor in Council may direct by any regulations to be made by him for this purpose.

(vi) that the certificates of the master and mate or mates are such as are required by law; and

(b) A declaration of a Government engineer surveyor containing statements of the following particulars :-

(i) that the machinery of the ship is sufficient for the service intended, and in good condition;

(ii) the time (if less than one year) for which the machinery will be sufficient;

(iii) that the safety valves and appliances for the prevention, detection and extinction of fire are such and in such condition as are required by law;

(iv) the limit of the weight to be placed on the safety valves:

(v) the voyages or class of voyages on which as regards machinery the ship is in the surveyor's judgment fit to ply.

(vi) that the certificates of the engineer or engineers of the ship are such as are required by law; and

(c) In the case only of ships required by law to be c. 9, s. 9 (2). provided with a wireless telegraph installation, a declaration of a Government wireless telegraphy surveyor containing statements of the following particulars :---

(i) the voyages or class of voyages on which, as regards wireless telegraphy, the ship is fit to ply;

(ii) that, having regard to the tonnage of the ship and the voyages or class of voyages on which she is declared to be fit to ply, the wireless telegraph installation complies with the wireless telegraphy rules;

(iii) that the certificates of the wireless telegraphy opera- tors and watchers are such as are required by those rules.

1353

7. Section 10 of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following sub-section after sub-section (8) :-

(8A) If in the judgment of any such surveyor a passenger ship is fit to ply on international voyages while engaged in a special passenger trade only, his declaration of survey shall state that fact.

New sub- section (8A) added to

Ordinance No. 10 of 1899, s. 10.

Statement

in declara- tion if ship

is fit to ply in a special passenger trade only.

22 Geo. 5, c. 9, s. 2 (3).

of Ordin- ance No. 10

8. Section 10 (10) of the Merchant Shipping Ordinance, Amendment 1899, as enacted by section 5 of the Merchant Shipping Amendment Ordinance, 1932, is amended by the substitution of 1899, of the words "cause a passenger certificate" for the words s. 10 (10). "cause a certificate".

9. Section 10 of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following sub-section after sub-section (10):-

Ordinance No. 23 of 1932.

New sub-

section

(10A) added to Ordinance

1899, s. 10. 22 Geo. 5,

(10A) Any such certificate may be signed on behalf of No. 10 of the Governor by any person authorised by him for the purpose, and a certificate purporting to be so signed shall be c. 9, admissible in evidence in like manner as if it had been signed by the Governor.

10. Section 10 (11) of the Merchant Shipping Ordin ance, 1899, is repealed and the following sub-section is substituted therefor :-

s. 15 (4).

Substitution for Ordin-

ance No. 10 of 1899, s. 10 (11).

certificate

(11) Such certificate in duplicate, when completed, shall Delivery of be delivered by the Harbour Master to the owner, agent or in duplicate. master applying for the same and paying the balance of the fee and other sums, if any, payable in that behalf.

11. Section 10 of the Merchant Shipping Ordinance, Amendments 1899, is also amended-

(i) in sub-section (5) by the substitution of the words "fifty dollars" for the words "twenty-five dollars";

of Ordin-

ance No. 10 of 1899, s. 10 (5), (7), (9), (18), (20)

(ii) in sub-section (7) by the substitution of the words and (21). "five hundred dollars" for the words "two hundred and fifty dollars":

(iii) in sub-section (9) by the substitution of the words "five dollars" for the words "two dollars";

(iv) in sub-section (18) by the substitution of the words. "one hundred dollars" for the words "fifty dollars";

(v) in sub-section (20) by the substitution of the words "one hundred dollars" for the words "fifty dollars";

(vi) in sub-section (21) by the substitution of the words "fifty dollars" for the words "twenty-five dollars".

12. Section 11 of the Merchant Shipping Ordinance, Amendments 1899, is amended-

(i) in sub-section (1) by the repeal of paragraph (c); (ii) in the fifth line of sub-section (2) by the substitution of the words "one thousand dollars" for the words "five hundred dollars"

of Ordin- ance No. 10

of 1899,

s. 11.

Substitution

for Ordin- ance No. 10 of 1899,

s. 13 (1), (2), (2A), (3), (4), (5), (6) and (7).

Application of Board of Trade life-saving

1354

(iii) in the last line of sub-section (2) by the substitution of the words "five hundred dollars" for the words "two hundred and fifty dollars";

(iv) in sub-section (4) by the substitution of the words. "one thousand dollars" for the words "five hundred dollars"

13. Section 13 of the Merchant Shipping Ordinance, 1899, is amended by the repeal of sub-sections (1), (2), (2A), (3), (4), (5), (6) and (7) and by the substitution of the following sub-sections therefor :--

(1) The rules for life-saving appliances from time to time. in force made by the Board of Trade under section 427 of the Merchant Shipping Act, 1894, as amended by section 5 (1) of the Merchant Shipping (Safety and Load Line Conventions) 57 & 58 Vict. Act, 1932, shall apply to the Colony in respect of the following

appliances rules.

c. 60,

22 Geo. 5, c. 9.

Duties of owners and

masters as

to carrying life saving appliances.

57 & 58 Vict.

c. 60,

s. 428.

Penalty for breach of rules or regulations applicable

ships:

(i) Passenger steamers plying on international voyages; (ii) Passenger steamers plying on short international

voyages;

(iii) Foreign-going steamships (except steamships, such as salvage tugs, dredgers and the like, declared by the Governor in Council to be special service craft) not certified for the carriage of passengers.

Provided that the Governor in Council may, in addition to any powers of exemption or modification given to the Governor under section 4 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, as extended to the Colony by Order of His Majesty in Council, make regulations with regard to life-saving appliances for ships to which the said rules do not apply.

In this sub-section-

"Passenger steamer" means a steamer carrying more than twelve passengers.

"Foreign-going" means plying outside the limits within which river steamers ply.

(2) It shall be the duty of the owner and master of every British ship to see that his ship is provided, in accordance with the said rules or regulations, as the case may be, with such of those appliances as, having regard to the nature of the service on which the ship is employed and the avoidance of undue encumbrance of the ship's decks, are best adapted for securing the safety of her crew and passengers.

(3) In the case of any ship-

(a) if the ship is required to be provided with life saving appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules or regulations 57 & 58 Vict. applicable to the ship; or

to ship.

c. 60, s. 430 (1).

(b) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the vogage or excursion through the wilful fault or negligence of the owner or master; or

(c) if the master wilfully neglects to replace or repair, on the first opportunity, any such appliances lost or injured in the course of the voyage or excursion; or

(d) if such appliances are not kept so as to be at all times fit and ready for use; or

1355

(e) if any provision of the rules or regulations in respect 22 Geo. 5, of life saving appliances applicable to the ship is contravened c or not complied with,

then the owner of the ship (if in fault) shall for each offence be liable to a fine not exceeding one thousand dollars, and the master of the ship (if in fault) shall for each offence be liable to a fine not exceeding five hundred dollars.

s. 5 (2).

respect to

(4) A Government ship or engineer surveyor may Survey with inspect any ship for the purpose of seeing that the rules or life saving regulations in respect of life saving appliances applicable to appliances. the ship have been complied with in her case, and for the 22 Geo. 5, purpose of any such inspection shall have all the powers s. 5'(3). of a Board of Trade Inspector under the Merchant Shipping Acts.

c. 9,

deficiency.

(5) If the surveyor finds that the rules or regulations Notice of have not been complied with he shall give written notice to the owner or master stating in what respect the said rules 22 Geo. 5, or regulations have not been complied with, and what. in s. 5 (3). his opinion is required to rectify the matter.

c. 9,

granted and

(6) Every notice so given shall be communicated to the Clearance Harbour Master and a clearance shall not be granted to the not to be ship and the ship shall be detained until a certificate under the hand of a Government ship or engineer surveyor produced to the effect that the matter has been rectified

is

ship to be detained

until pro- duction of certificate of rectifica- tion.

22 Geo. 5, c. 9,

s. 5 (3).

boat drill

life-saving

(7) The master of every British ship shall enter or cause Entry in to be entered in the official log book a statement, or, if there log-book of is no official log-book, cause a record to be kept, of every and exam- occasion on which boat drill is practised on board the ship, ination of and on which the life-saving appliances on board the ship appliances. have been examined for the purpose of seeing that those 6 Ed. 7, appliances are fit and ready for use; and if, in the case of c. 48,

                                 s. 9 (1). a passenger ship, boat drill is not practised on board the ship 22 Geo. 5, in any week, the master shall enter a statement of the reasons c. 9, why boat drill was not practised in that week.

s. 5 (5).

proviso to

14. Section 13 of the Merchant Shipping Ordinance, Substitution 1899, is also amended by the repeal of the second proviso at of 2nd the end thereof and by the substitution of the following proviso:-

Provided always that sub-sections (1) to (7) inclusive of this section shall not apply to any ship of a Safety Convention country which carries a valid Safety Certificate, or to any ship of a non-Convention country with regard to which it has been declared by order of His Majesty in Council that the provisions in force in that country relating to life-saving appliances are as effective as those of the Merchant Shipping Acts, on proof that such former provisions are complied with in the case of that ship.

Ordinance

No. 10 of 1899, s. 13.

15. Section 19 of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the figures "1932" of Ordin- for the figures "1890" in sub-section (14) (d) thereof.

ance No. 10

of 1899,

s. 19 (14).

16. Section 20 of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the figures "1932' for the figures "1890" in sub-section (3) thereof.

of Ordin- ance No. 10 of 1899, s. 20 (3).

Substitution

for Ordin-

ance No. 10

of 1899, s. 38.

Regulations

as to

passenger certificates for river steamers.

Schedule. Table F.

New sub- section

(3A) added to Ordin- ance No. 10 of 1899, s. 41.

Notice to

be given to

nearest

consular

officer

where proceedings taken in respect of a foreign ship under Merchant Shipping Act, 1932, as extended to Colony.

22 Geo. 5,

c. 9, s. 69.

1356

17. Section 38 of the Merchant Shipping Ordinance, 1899, is repealed and the following section is substituted therefor :-

38. (1) Every passenger certificate issued to a river steamer shall specify the number of passengers which she may lawfully carry.

(2) Such number shall be subject to such conditions as the Governor in Council may direct by regulations.

(3) The owner or master of any river steamer leaving or entering the waters of the Colony with passengers on board in excess of the number authorised by her passenger certificate shall be liable to a fine not exceeding two hundred and fifty dollars, and, in addition, to a fine not exceeding five dollars for every passenger on board in excess of the number authorised by her passenger certificate.

18. Section 41 of the Merchant Shipping Ordinance, 1899, as amended by the Merchant Shipping (No. 2) Amend- ment Ordinance, 1934, is further amended by the addition of the following sub-section after sub-section (3) thereof :-

(3A) Where any foreign ship is detained under the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, as extended to the Colony, and where any proceedings are taken under that Act against the master or owner of any such ship, notice shall forthwith be given to the nearest consular officer for the country to which the ship belongs, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.

Amendments of Ordin- ance No. 10 of 1899,

s. 41 (7) and (8).

Amendment

of Ordin-

ance No. 10

of 1899,

s. 42 (1).

Amendment

of Ordin-

ance No.

10 of 1899, $. 46.

19. Section 41 of the Merchant Shipping Ordinance, 1899, is also amended-

(i) in sub-section (7) by the substitution of the words "one thousand dollars" for the words "five hundred dollars"; (ii) in sub-section (8) by the substitution of the words "one thousand dollars" for the words "five hundred dollars";

(iii) in sub-section (8) by the substitution of the words.

"one hundred dollars" for the words "fifty dollars".

20. Section 42 (1) of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following paragraph after paragraph (b) thereof :---

(c) for amending, varying, rescinding, revoking or suspending any of the Tables in the Schedule.

و

21. Section 46 of the Merchant Shipping Ordinance, 1899, is amended by the insertion of the words. "steamers or" immediately after the words "applying to" in the first line thereof.

1357

22. Section 4 of the Merchant Shipping Ordinance, 1899, is amended by the insertion of the following sub-section after sub-section (1) thereof :-

New sub- (14) for

section

Ordinance No. 10 of 1899, s. 4.

of foreign

correspond-

(1A) Every officer on board a foreign passenger steamship Recognition who has received a certificate of competency granted by a certificates competent authority of his country, which the Governor is of com- satisfied is of corresponding value to any certificate of petency of competency granted under this Ordinance, shall be deemed ing value to to be duly certificated under this Ordinance in respect of such granted *foreign steamship, provided that his certificate is of a grade under this appropriate to his station in the foreign steamship or of a higher grade.

certificate

Ordinance.

23. This Ordinance shall come into forge on the 1st Commence- July, 1935.

ment.

A

Objects and Reasons.

1. The extension to the Colony of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, by Orders in Council under sections 36 and 64 thereof makes it necessary to amend the local Merchant Shipping Ordinance, No. 10 of

1899.

2. As it is understood that Part II of the Act, dealing with Load Line and Loading, may be extended to the Colony by Order in Council before Part I, dealing with Safety of Life at Sea, is so extended, the Merchant Shipping (No. 2) Amendment Ordinance, 1934, has already been passed making the amendments in the principal Ordinance required by the extension of Part II of the Act to the Colony.

3. Further amendments will be required when Part I of the Act is extended, and this draft Bill has been prepared accordingly.

4. Clause 2 provides a definition of "Governor', derived from the Air Navigation (Colonies, Protectorates and Man- dated Territories) Order in Council of 1927, which is necessary to enable the Governor to delegate any of his powers under the Ordinance. The clause also substitutes for the old definition of "passenger" the definition given in section 267 of the Merchant Shipping Act, 1894, as amended by s. 33 of the Act of 1932, and in the definition of "steamship" includes "steamer", a word which is used in the 1932 Act instead of steamship.

"

5. Clause 3 adds a proviso to section 10 (2) of the principal Ordinance modifying the provisions of that sub- section in the case of Safety Convention passenger ships (see section 21 (3) of the Merchant Shipping (Safety and Load Line Conventions) Act 1932).

6. Clause 4 adds a sentence to section 10 (4) of the principal Ordinance which will make it clear that the Govern- ment Surveyors may be classified as ship, engineer and wireless telegraphy surveyors.

1358

!

7. Clause 5 substitutes a new sub-section for section 10 (6) of the principal Ordinance. This amendment will enable the Governor in Council to make regulations and issue instructions similar to those made or issued by the Board of Trade under sections 724 (3) of the Act of 1894, as affected by section 1 (1) of the Act of 1932. Paragraphs (i) and (ii) of the new sub-section 10 (6) correspond with paragraphs (b) and (c) of section 1 (1) of the 1932 Act which deal with the powers of the Board of Trade as respects certain classes of ships; and paragraphs (a) and (b) of the new sub-section 10 (6) correspond with paragraphs (a) and (d) of the 1932 Act which deal with the powers of the Board of Trade as respects individual ships. In the notes to the First Schedule of the draft Merchant Shipping Safety Convention (Hong Kong) No. 1 Order, enclosed in the Board of Trade letter to the Colonial Office of the 25th August, 1933, and forwarded to Hong Kong with the Secretary of State's despatch of the 25th September, 1933, it is suggested that the Hong Kong Authorities should make their own Construction Regulations and it is pointed out that the application of the Safety Convention to Hong Kong will mean that passenger ships registered in the Colony, which require Safety Certificates, will have to comply with the Convention requirements and that the Hong Kong Regulations will, therefore, have to ensure that this standard is complied with. The Hong Kong Construction Regulations will naturally be based on the regulations and instructions issued by the Board of Trade, due regard being had to the position of ships engaged in short international voyages, unberthed passenger trades, and international coasting voyages.

8. Clause 6 substitutes for paragraphs (a) and (b) of section 10 (8) of the principal Ordinance three paragraphs on the lines of section 272 of the Merchant Shipping Act, 1894, as amended by sections 2 (1), 2 (2), 5 (4) and 9 (2) of the Act of 1932.

9. Clause 7 adds a new sub-section (SA) to section 10 of the principal Ordinance on the lines of section 2 (3) of the Act of 1932.

10. Clause 8 gives the name in local use (passenger certificate) to the certificate issued by the Governor under section 10 (10) of the principal Ordinance as enacted by section 5 of Ordinance No. 23 of 1932. This corresponds with the term "passenger steamer certificate" used in sections 276 to 282 of the Act of 1894. Sub-section 10 (3) is not altered in this respect because the expression "certificates as to survey" there used corresponds with a similar expression in section 271 (1) (b) of the Act of 1894.

11. Clause 9 adds a new sub-section (10A) to section. 10 of the principal Ordinance on the lines of section 15 (4) of the Act of 1932.

12 Clause 10 redrafts section 10 (11) of the principal Ordinance. Such redrafting appears necessary if the office of the person authorised under section (10A) to sign the certificate is not the Colonial Secretariat.

13. Clause 11 increases the dollar penalties provided in sub-sections (5), (7), (9), (18), (20) and (21) of section 10 of the principal Ordinance so as to make them approximate more

1359

closely to the sterling penalties provided by the corresponding sections 725 (2), 724 (4), 273 (2), 280 (2), 281 (2) and 726 (3) of the Act of 1894.

14. Clause 12 amends section 11 of the principal Ordin- ance by repealing paragraph (c) of sub-section (1). That paragraph was derived from section 285 (2) of the Act of 1894 which is repealed by section 5 (4) of the Act of 1932. Clause 12 also doubles the penalties provided by sub-sections (2) and (4) of section 11 of the principal Ordinance so as to make them approximate more closely to the sterling penalties provided by the corresponding sections 285 (5) and 286 of the Act of 1932.

15. Clause 13 repeals sub-sections (1) to (7) of section 13 of the principal Ordinance and replaces them with seven revised sub-sections. Sub-section (1) applies the Board of Trade life saving

  saving appliances rules to the Colony in respect of certain steamships, with a proviso enabling the Governor in Council to make regulations with re- gard to ships to which those rules do not apply. Sub-section (2) is derived from section 428 of the Act of 1894. Ships under sixty tons and ferry vessels are dealt with under sections 4 (3A), 10 (1) and 37 and Table E of the principal Ordinance as amended by Ordinance No. 28 of 1933. Sub-section (3) is derived from section 430 (1) of the Act of 1894 as amended by section 5 (2) of the Act of 1932. Sub-sections (4), (5) and (6) are derived from section 5 (3) of the Act of 1932. Sub-section (7) is derived from section 9 of the Act of 1906 as amended by section 5 (5) of the Act of 1932.

16. Clause 14 repeals the second proviso to section 13 of the principal Ordinance and substitutes a new proviso, on lines suggested by the Board of Trade, exempting from the opera- tion of sub-sections (1) to (7) of section 13-

(a) ships of Convention countries armed with Safety Certificates, and

(b) ships of non-Convention countries which, despite non-adherence to the Convention, make proper provision for safety of life on board their ships at sea.

17. Clauses 15 and 16 amend sections 19 and 20 of the principal Ordinance by substituting

      by substituting references to the Magistrates Ordinance, 1932, for the references to the Magistrates Ordinance, 1890.

18. Clause 17 substitutes a revised section for section 38 of the principal Ordinance, the repealed section having authorised special licences for river steamers which were subject to the regulations in Table F. In practice, however, such licences are not issued; but Table F is used to determine the number of passengers which such steamers are authorised to carry by their passenger certificates.

19. Clause 18 adds a sub-section (3A) to section 41 of the principal Ordinance on the lines of section 69 of the Act of 1932.

20. Clause 19 increases the dollar penalties provided in sub-sections (7) and (S) of section 41 of the principal Ordin- ance so as to make them approximate more closely to the sterling penalties provided by the corresponding sub-sections (1) and (2) of section 692 of the Act of 1894.

1360

21. Clause 20 adds a paragraph to section 42 (1) of the principal Ordinance giving the Governor in Council express power to amend, vary, rescind, revoke or suspend the Tables in the Schedule. Many of these Tables require revision and although the power to deal with them is probably given in section 40 (1) of the Interpretation Ordinance, No. 31 of 1911, it is considered desirable to give an express power in the principal Ordinance.

22. Clause 21 makes an addition to section 46 of the principal Ordinance necessitated by the use of the word "steamer" in the Act, in the Ordinance and in this Bill.

23. Clause 22, which has been added in consequence of instructions received in the Secretary of State's telegram of the 27th May, 1935, amends section 4 of the principal Ordin- ance by the addition thereto of a new sub-section, numbered (1A), which provides that every officer on board a foreign passenger steamship who has received a certificate of com- petency granted by a competent authority of his country, which the Governor is satisfied is of corresponding value to any certificate of competency granted under the Ordinance, shall be deemed to be duly certificated under the Ordinance in respect of such foreign steamship, provided that his certificate is of a grade appropriate to his station in the foreign steamship or of a higher grade.

24. Clause 23 brings this amending Ordinance into force. on the 1st July, 1935 on which date Part I of the Act of 1932 will be extended to the Colony by Order in Council.

June, 1935.

C. G. ALABASTER,

Attorney General.

1361

[No. 22-27.5.35.--2.]

A BILL

INTITULED

An Ordinance to amend the Pensions Ordinance, 1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Pensions Amend- Short title ment Ordinance, 1935.

2. Section 8 of the Pensions Ordinance, 1932, is Amendment amended-

of Ordinance No. 21 of 1932, s. 8,

(i) by the repeal of paragraph (c) thereof and the sub- by sub- stitution of the following paragraph therefor :-

(c) on or after attaining the age of forty five, with less than fifteen years service in the Colony, if he be Indian subordinate officer of the Prison Department; or

stitution for paragraph (c) and

not addition of an paragraph

(ii) by the insertion of the following paragraph, number- ed (cc), immediately after the above paragraph (c) :-

(cc) on or after attaining the age of fifty years, with not less than fifteen years service in the Colony, if, being a woman, she be a lady medical officer, lady serving in the Education Department, European attendant at a Government mental hospital, or nurse (other than a European matron or European nursing sister referred to in paragraph (d) of this section) in a Government hospital; or

Objects and Reasons.

1. The purpose of this amending Ordinance is to allow Indian subordinate officers of the Prison Department who have not less than 15 years service to retire on pension at the age of forty five.

2. Under the existing law the ordinary retiring age for such officers is fifty, but it is considered that in this respect their conditions of service should be assimilated to those of Indian police officers who are allowed to retire at forty five.

3. The new Ordinance accordingly repeals paragraph (c) of section 8 of the principal Ordinance, in which Indian subordinate officers of the Prison Department were grouped with lady medical officers, ladies serving in the Education Department, European attendants at Government mental hospitals and nurses, other than European matrons or European nursing sisters referred to in paragraph (d), and substitutes two new paragraphs, (c) relating to Indian sub- ordinate officers of the Prison Department, and (cc) relating to the others grouped with them in the repealed paragraph. In the new paragraph (cc) the words "being a woman, she' have been substituted for "he" to make it clear that the paragraph does not refer to male attendants or male nurses.

C. G. ALABASTER,

Attorney General.

(cc).

May, 1935.

1

Short title.

Appropria- tion.

1362

A BILL

INTITULED

[No. 24-29.5.35.-1.]

An Ordinance to authorize the Appropriation of a Supple- mentary Sum of Six hundred and thirty five thousand four hundred and forty two Dollars and twenty seven Cents to defray the Charges of the year 1934.

WHEREAS it has become necessary to make further pro- vision for the public service of the Colony for the year 1934, in addition to the charge upon the revenue of the Colony for the service of the said year already provided for:

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

1. This Ordinance may be cited as the (1934 Supple- mentary) Appropriation Ordinance, 1934.

2. A sum of Six hundred and thirty five thousand four hundred and forty two Dollars and twenty seven Cents is hereby charged upon the revenue of the Colony for the service of the year 1934, the said sum so charged being expended as hereinafter specified; that is to say :-

Magistracy, Hong Kong Magistracy, Kowloon

Miscellaneous Services

$

6,703.85

4,138.99

432,383.92

192,215.51

Total

$635,442.27

Public Works Extraordinary

<

1363

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 166.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April,

1924.

30th April, 1926.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

7th June, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

 No. S. 167.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 124 of 16.4.35.

Tender for the supply of a

Messrs. Kwong Cheung Hing.

S. 116 of 11.4.35.

S. 127 of 26.4.35.

S. 285 of 10.8.34.

S. 138 of 3.5.35.

S. 46 of 13.2.35.

teak wood single-screw motor boat for police ser- vices at Tai O.

Tender for the supply of a Steam Single-screw steel cruising Vessel for Police Services.

Tender for Asphaltum.

Tenders for the supply of Coal to the Hong Kong Govern- ment for 1935.

Tender for New Quarters for Ambulance Dresser, Sham Shui Po Fire Station.

Messrs. The Taikoo Dockyard & Engineering Company of Hong Kong, Ltd.

Messrs. The Asiatic Petroleum

Co. (S.C.), Ltd.

Messrs. Sai Hing & Co., Ltd.

Messrs. Kin Lee & Co.

Tender for Chinese Type Mr. Tang Shui Kwong.

Houses Wong Ma Kok.

S. 137 of 3.5.35.

Tender for Reinforced Con-

Con- Messrs. Woo Hing.

crete Gantries in Carriage Shed.

7th June, 1935.

D. W. TRATMAN,

Colonial Secretary.

1364

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 168.--Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st May, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

...

17,617,779

123,604,337 132,750,000+

1,734,566 1,350,000$

8,300,000*

TOTAL

142,956,682 142,400,000

*In addition Sterling Securities are deposited with the Crown Agents valued at £759,600.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

7th June, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

   No. S. 169.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944. ...

£190,000.

7th June, 1935.

1121-1134

D. W. TRATMAN,

Colonial Secretary.

?

1365

HONG KONG VOLUNTEER DEFENCE CORPS.

FIRING WITH BALL AMMUNITION.

No. S. 170.-The public is notified that Machine Gun Firing will be carried out by the Hong Kong Volunteer Defence Corps at Island Bay, Shek-O, on Sunday, 16th June, from 8 a.m. to 11.30 a.m.

No member of the public will be permitted to approach the beach by land or to sail within the Bay west of Mfan Chau Island during these hours.

7th June, 1935.

P. S. M. WILKINSON, Captain,

Adjutant, H.K.V.D. Corps.

DISTRICT OFFICE, South.

  No. S. 171.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of June, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 21 years less 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a) and (b).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $750.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Square feet.

Price.

Annual Upset Crown

Rent.

N.

S.

E.

W.

T'sun Wan Demarcation District

No. 449, Lot No. 1946.

Tsun Wan.

:

$

$

905

28

6

Subject to readjustment as provided by the Conditions of Sale.

7th June, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1366

DISTRICT OFFICE, SOUTH.

  No. S. 172. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of June, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Threshing Floor Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 1 (a) and (b).

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

N.

S.

Tsun Wan

Demarcation District

No. 449,

Lot No. 1947.

7th June, 1935.

Tsun Wan.

:

Contents

in

Annual

Upset

Crown

Square feet.

Price.

Rent.

W.

:

***

$

525

16

.10

+

Subject to readjustment as provided by the Conditions of Sale.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

No. S. 173.

NOTICE TO MARINERS.

No. 55/1935.

In connection with the additional harbour dredging to be carried out, surveying operations will take place from time to time over dredging areas which lie as follows:-

(1) In the vicinity and north of Buoys A10, A9 and A8.

(2) Between Buoys A7 and A2; A8 and A1: Buoy Al and a position 1,000 feet

due south of Kowloon Point.

(3) In the Man of War anchorage in the vicinity and south of Buoys No. 3, No. 2,

No. 1.

(4) In the Fairway not more than 500 feet distant from and north of Buoys No. 26

and 27.

(5) In an area, the corners of which have the following positions :-

Lat. 22° 18' 00" N.

114° 11′ 54′′ E.

22° 17′ 48′′ N.

114° 11′ 54′′ E.

22° 17′ 30′′ N.

114° 10′ 48′′ E.

22° 17′ 48′′ N.

114° 10′ 48′′ E.

Masters of vessels are warned to keep clear of all sampans, motor boats and buoys used on this work which shall each carry a red flag and to keep a good lookout for all craft so employed.

Dredging will commence on or about 10th June in the Man of War Anchorage.

Harbour Department,

5th June, 1935.

G. F. HOLE,

Harbour Master, &c.

1368

IT

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 14 of 1932.

Re Wong Wing Yuet, of No. 24, Stanley Street, (First Floor), Victoria, in the Colony of Hong Kong, Clerk.

was ordered on the 2nd day of March, 1935, that the above-named Wong Wing Yuet's discharge be suspended for three calender months, and that he be discharged as from the 2nd day of June, 1935.

Dated the 7th day of June, 1935.

JAMES J. HAYDEN,

Official Receiver

CALL

CHINA UNDERwriters Limited.

NOTICE is hereby given that a call of

$1.00 per share has been made upon all members holding shares upon which $4.00 per share only has been already paid, and that the same will be payable to the Bankers of the Company, Hong Kong and Shanghai Banking Corporation, at Queen's Road Central, Hong Kong on or before the 6th September, 1935.

Dated 31st May, 1935.

By Order of the Board of Directors,

HERBERT R. STURT,

Managing Director.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Adelaide Margaret Nicholson late of The Little House, Brock Road, Saint Peter Port, Guernsey, in the Channel Islands, Spinster, deceased.

NOTICE is hereby given that the Court has,

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 30th June, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 5th day of June, 1935.

DEACONS.

Solicitors for the Executrix, 1, Des Vœux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Hui Bon Hoa (Tang Chanh) alias Hui Tang Chanh late of Saigon Cochin-China Landowner, deceased.

NOTICE is hereby given that the Court

N

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

(COMPANIES Winding Up.)

No. 2 of 1935.

In the Matter of American Oriental Finance Corporation, Fed., Inc, U.S.A.,

and

In the Malter of the Companies Ordin-

ance 1932.

OTICE is hereby given that a Petition for the winding-up of the abovenamed Company by the Supreme Court of Hong Kong was, on the 29th day of May, 1935, presented to the said Court by the said Company And that the said Petition is directed to be heard before the Court sitting at the Courts of Justice, Hong Kong, at 10 a.m. on Tuesday, the Second day of July, 1935, and any creditor or contributory of the Company desirous of supporting or opposing the making of an Order on the said Petition may appear at the time of hearing by himself or his Counsel for that purpose; and a copy of the Petition will be furnished to any creditor or contributory of the said Company requiring the same by the undersigned on pay- ment of the regulated charge for the same.

Dated the 4th day of June, 1935.

DEACONS,

1, Des Voeux Road Central,

Victoria, Hong Kong. Salicitors for the above named Company whose address is 14, Queen's Road Central, Hong Kong.

NOTE: Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above- named, Notice in writing of his inten- tion to do so. The Notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their solicitor (if any), and must be served or if posted, must be sent by post in suffi- cient time to reach the above-named not later than six o'clock in the after- noon of the 1st day of July, 1935.

IN

NOTICE OF TRANSFER

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No.

In the Matter of The Companies Ordin-

ance, 1932.

In the Matter of The On Hing Company,

Limited.

(CREDITORS VOLUNTARY WINDING-UP).

Ta Meeting of the creditors of the above-

Aaamed Company held at No. 10 Hing Lung Street, Victoria, in the Colony of Hong Kong, on Friday, the 31st day of May, 1935, pursuant to Section 227 of the Companies Ordinance, 1932, the following Resolutions were duly passed :-

1. That Chan Pak Hing()

of No. 10 Hing Lung Street, Vic- toria, in the Colony of Hong Kong,

and Chui Pui Chuen(崔沛泉)

of No. 133 Des Voeux Road Central, Victoria aforesaid, be appointed additional liquidators of the Com-

pany.

2. That the sum of $600.00 fixed by the resolution of the Company as re- muneration of the liquidators be equally divided between the liquida- tors appointed by the Company and the liquidators appointed by this meeting.

3. That Fung Siu Wah (#)

of Prince Building, Victoria afore-

said, Yung Kun Man (

of King's Building, Victoria aforesaid, and Mok Chi Fung

(7) c/o Messrs. Leo. (莫子

D'Almada & Co. of David House, Victoria aforesaid be appointed Committee of Inspection.

Dated the 31th day of May, 1935.

堂華劉

Chairman.

In the Matter of The Companies Ordin-

ance, 1932.

In the Matter of The On Hing Company,

Limited.

(IN VOLUNTARY LIQUIDATION).

EXTRAORDINARY RESOLUTIONS.

T an Extraordinary General Meeting of

25 of 1923, Notice is hereby given that Yin A The On ling company, Limited, duly Shing Tong(彥勝堂) and Hau Yee Tong(厚意堂) (hereinafter called

"the Transferors") carrying on the business of Money Changers under the style or name of

the Cheung Kee Firm) at No.

138 Connaught Road Central Victoria, in the Colony of Hong Kong, are desirous of transfer- ring the business of the said Cheung Kee firm

to Hop Shing Tong (合成堂) (herein-

alter called "the Transferee") of No. 138 Connaught Road Central, Victoria aforesaid, Merchant, on the 6th day of July, 1935.

The Transferee intends to carry on the said business at No. 138 Connaught Road Central, Victoria aforesaid, under the name of Wing

has, by virtue of the provisions of Cheung Kee Firm), and is

Section 58 of the Probates Ordinance No. 2 of 1897, made an Order that the time for Credi- tors and others to send in their claims against the above estate shall be limited to 5 day of July, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 6th day of June, 1935.

HASTING & CO. Solicitors for the Administrator, Gloucester Building, 2nd floor, Hong Kong.

not assuming any of the liabilities incurred in the said business by the Transferors.

Dated the 6th day of June, 1935.

YIN SHING TONG (彥勝堂)

AND

HAU YEE TONG (厚意堂)

Transferors,

HOP SHING TONG (合成堂),

Transferee.

convened and held at Nos. 39-41 Des Voeux Road Central, (3rd floor). (the To To Sin Koon) Victoria, in the Colony of Hong Kong, on Thursday, the 30th day of May, 1935, the following Resolutions were duly passed as Extraordinary Resolutions, that is to say :-

1. That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily,

and that Li King Cho (李瓊 初) and Kwan Fook Man (關 Fall of No. 10 Hing Lung

Street. Victoria, in the Colony of Hong Kong, be appointed liquida- tors for the purpose of such wind- ing up.

2. That the remuneration of the said liquidators for their services in the

winding-up be fixed at $600.00.

Dated the 30th day of May, 1935.

堂華劉

Chairman.

IN

NOTICE OF TRANSFER.

Business Ordinance No. 25 "N pursuance of Section 3 of the Fraudulent of 1923, Notice is hereby given that The Yeung Wai Huen Tong (hereinafter called "the Vendor") carrying on the business in partnership with certain other persons under the style or firm name of Shun Wo Company as piece-goods dealers at No. 105, Des Voeux Road West, Victoria, Hong Kong, has sold to Wong Kam Chan of No. 105, Des Vœux Road, West, Victoria aforesaid (hereinafter called "the Purchaser") All his share and interest of and in the said business including the property assets credits effects good-will and signboard.

The Purchaser intends to carry on the said business at the same address and under the same style and will not assume the liabilities in the business of the Vendor prior to the 21st day of May, 1935.

Dated the 6th day of June, 1935.

HASTINGS & CO.

Solicitors for the parties.

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent

        Transfer of Business Ordinance No. 25 of 1923, Notice is hereby given that the Young Wai Huen Tong (hereinafter called "the Vendor") carrying on the business in partnership with certain other persons under the style or firm name of Tai Cheong as piece- goods dealers at No. 23, Wing On Street, Victoria, Hong Kong, has sold to Li Kam Chau of No. 23, Wing On Street, Victoria aforesaid (hereinafter called "the Purchaser ") All his share and interest of and in the said business including the property assets credits effects good-will and signboard.

on the

      The Purchaser intends to carry said business at the same address and under the same style and will not assume the liabili- ties in the business of the Vendor prior to the 21st day of May, 1935.

Dated the 6th day of June, 1935.

HASTINGS & CO.,

Solicitors for the parties.

(FILE No. 206 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Poh Chiu

       Electric Company, of Nos. 41, 53 and 55, Yon Chow Street, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 14th day of May, 1935, applied for registration in

Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

沪專港

Kom

THREE LIGHTS

FLASHLIGHT

BATTERY

Poh Chin Electric Co.

MADE IN HONG KONG

AAAA

造製港香

in the name of Poh Chiu Electric Company,

who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap-

plicants since April, 1934, in respect

following goods :--

Flashlight Batteries, in Class 8.

Dated the 7th day of June, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

the

NOTICE

NOTICE is hereby given that Guilhermina Tam, formerly trading as the Hong Kong Fresh Food Supply Company, of No. 94, Nathan Road, Kowloon, has agreed to sell and transfer to Caroline Margaret Tennyson, of No. 43, Morrison Hill Road, Victoria, the whole of the Refrigerating Plant and Equipment now at No. 94, Nathan Road, aforesaid belonging to the Hong Kong Fresh Food Supply Company. As from the 6th day of July, 1935, the said Caroline Margaret Tennyson intends to carry on business at No. 94, Nathan aforesaid with the use of the said plant and equipment. The said Caroline Margaret Tennyson will not assume any of the liabilities of the said Guilhermina Tam or of the said Hong Kong Fresh Food Supply Company.

Dated the 6th day of June, 1935.

|

NOTICE.

OTICE is hereby given that a Meeting of the Creditors of The Hoo Tin Restaurant Limited, will be held at the Regis- tered Office of the Company situate at No. 318 Des Voeux Road Central, Victoria, in the Colony of Hong Kong, on Tuesday, the 11th day of June, 1935, at 5.30 in the afternoon pursuant to the requirements of Section 227 of The Companies Ordinance, 1932.

Dated the 31th day of May, 1935.

By Order of the Board,

(FILE No. 499 of 1934)

TRADE MARKS ORDINANCE, 1909.

郭小宇

(KWOK SIU YUE),

Managing Director.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that International General Electric Company, Incorporated, of No. 120, Broadway, New York City, New York, United States of America, have, on the 20th day of September, 1934, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Two Trade Marks:-

(1)

老生迎安!

異奇

EDISON

(2)

燈電明發生迪安

迪去

G&

MOISON

ED

CHINA GENERAL EDISON CO. INCORPORATED,

in the name of the said International General Electric Company Incorporated, who claim to be the sole proprietors thereof.

The above Trade Marks have been used by the applicants since 1917 in respect of lamps, electric lamps and incandescent lamps in Class 13.

66

The word Edison" appearing thereon has been declared to be dis- tinctive by order of His Excellency the Officer Administering the Government pursuant to Section 9 (5) of the Trade Marks Ordinance 1909.

The two Trade Marks are to be associated with each other and with Trade Mark No. 217 of 1928.

The Registration of Trade Mark No. 2 shall give no right to the ex- clusive use of the electric light bulb devices.

Facsimiles of the said Trade Marks can be seen at the Offices of the

Registrar of Trade Marks or of the undersigned.

Dated the 31st day of May, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 162 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The World

Light Factory of No. 26, Fook Chuen Heung Street, Shumshuipo, Hong Kong, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

GLOBE

BRAND

同类

1370

(FILE No. 110 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that British-American Tobacco Co. Ltd., whose registered office is situated at Westminster House, 7, Millbank, London, S.W. England, Tobacco Manufacturers, have on the 6th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks :-

Bachelor

(1)

=

BACHELOR,

in the name of The World-Light Factory who

claim to be the sole proprietors thereof.

The said Trade Mark has been used by The World-Light Factory in respect of Hurricane Lanterns (metal) in Class 13.

Registration of this mark shall give no right to the exclusive use of the Chinese characters

(*) appearing thereon.

Dated the 3rd day of May, 1935.

THE WORLD-LIGHT FACTORY

26, Fook Chuen Heung Street, Shumshuipo, Hong Kong. Applicants.

PLAYER'S

CLIPPER

(2)

John Dayer & Sons Fingland

CLIPPER

TRADE

NOTTINGHAM CASTLE

MARN

John Player & Sons. England

(FILE No. 163 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Shun

Cheong Hong of No. 171, Des Voeux Road Central, Hong Kong, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

商SCH 紙

NNo1/鳶

SCH

KITE NO1/BRAND

in the name of British-American Tobacco Co. Ltd., who claim to be pro- prietors thereof.

The Trade Marks are intended to be used by the Applicants in respect of manufactured tobacco in Class 45.

These two marks are associated with each other and with Trade Mark 105D of 1900.

of 1906.

"Player's Clipper" Mark is also associated with Trade Mark No. 216

Representations of the Trade Marks are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 5th day of April, 1935.

BRITISH-AMERICAN TOBACCO CO. LTD.,

E. O. DRAKE, Attorney,

P. & O. Building, Connaught Road Central.

池電

TRADE MARK

製監行昌信港香,

SHUN CHEONG HONG

HONG KONG

in the name of The Shun Cheong Hong who

claim to be the sole proprietors thereof.

The said Trade Mark has been used by The Shun Cheong Hong in respect of Flashlight Cells and Batteries in Class 8.

      Registration of this trade mark shall give no right to the exclusive use of the letters "SCH" either in combination or separately and of the abbreviation and figure No. 1" appearing thereon.

The applicants must undertake not to use the mark in Colours Red, White and Blue.

Dated the 3rd day of May, 1935.

THE SHUN CHEONG HONG 171, Des Vœux Road Central, Hong Kong. Applicants.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),.............

$18.00

(do.), (do.),

10.00

Half year, Three months,

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character, Repetitions,

6.00

$1.00 for 1st .$0.20 ƒ insertion.

5 cents. Half price.

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

Trade and Shipping Returns for the month of April, 1935.

COMPI

(OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy :

NORONHA & CO.,

Government Printers,

18, Ice House Street.

(FILE No. 149 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of a Trade Mark.

"OTICE is hereby given that Poon Chi On

NOT

N

(FILE No. 123 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Nugget Polish Company (Sales) Limited, of

() of No. 577, Shanghai Burlington Lane, Chiswick, London, W., Eng-

Street, Kowloon, Hong Kong, has, by an ap- plication dated the 1st day of April, 1935, ap- plied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

land, Manufacturers, have, by an application dated the 29th day of January, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Mark

:-

HUG

(FILE No. 122 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that the National

Lacquer and Paint Products Company, Limited, of North Point, Hong Kong, Manu- facturers, have, by two applications all dated the 14th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

司公限有油漆煉製民國

牌球

GLOBE

BRAND

in the name of the said Poon Chi On, who claims to be the proprietor thereof.

   The said Trade Mark has been used by the Applicant in respect of Chemical substances prepared for use in Medicine and Pharmacy in Class 3.

Dated the 5th day of Aprli, 1935.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicant, St. George's Building,

Chater Road,

Hong Kong.

(FILE No. 24 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mitsui Bussan

Kaisha Limited, of Japan a Company registered under the Laws of Japan having a branch office at No. 5, Ice House Street, Victoria, in the Colony of Hong Kong, on the 4th day of April, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following amended Trade Mark, viz:-

永不脱色

漢羅金

in the name of the said Mitsui Bussan Kaisha

in the name of The Nugget Polish Company (Sales Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants and their predecessors in business since the year 1899 in respect of Polishing and cleaning preparations and materials, Brushes, Mop and Cloths specially prepared for polish- ing purposes, Leather Dressings and Preserva- tive Oils for leather goods in Class 50.

This Trade Mark is associated with Trade Mark No. 25 of 1910.

Dated the 5th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

(FILE No. 124 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that The Beldam

Packing Rubber Co., Limited, of 16, Gracechurch Street, London, E.C., England, Manufacturers, have, by two applications dated the 5th day of February, 1935, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:

(1)

PILOT

-

(2) SERPENT

in the name of The Beldam Packing & Rubber Co., Limited, who claim to be the proprietors thereof.

The Trade Mark No. 1 has been used by the applicants since September, 1904, in respect of Engine and Machine packings; and Jointings in Class 50.

The Trade Mark No. 2 has been used by the

Limited, who claim to be the proprietors Applicants since June, 1903, in respect of

**

Ho

THE NATIONAL LACQUER & PAINT PRODUCTS CO., LTD.

HONG KONG

(2)

司公限有油漆煉製民國 牌帚紅

BRUSH

#

BRAND

Ho

THE NATIONAL LACQUER & PAINT PRODUCTS CO., LTD.

HONG KONG

in the name of the said National Lacquer and Paint Products Company, Limited, who claim to be the proprietors thereof.

The above Marks have not hitherto been used by the applicants but it is their intention to use same forthwith in respect of Lacquers and Paints in Class 1.

and

These two marks are associate with each

11

other and that Registration of the " 'Globe'

Brush" Mark shall give no right to the exclusive use of the representation of a brush, of the word " Brush and of the Chinese Characters for "Red Brush".

Dated the 5th day of April, 1935.

THE NATIONAL LACQUER AND PAINT PRODUCTS COMPANY, LIMITED, Applicants.

ORDINANCES FOR 1934.

ereof Trade Mark has been used by the Appli- Engine and Machine packings; and Jointings BHD volumes of cruding prof

The cants in respect of Woollen Cloths in the piece in Class 34.

Dated the 5th day of April, 1935.

HASTINGS & CO.,

Solicitors for the Applicants, Gloucester Building, (2nd Floor),

Hong Kong.

in Class 50.

Dated the 5th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Chater Road, Hong Kong.

ND Ordinances Hong Kong, including Pro- clamations, Regulations, and Orders. in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

PRINTED AND Published by NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

1374

J

LEGISLATIVE COUNCIL.

No. S. 174.-The following Bills were real a first time at a meeting of the Council held on the 13th June, 1935:-

[No. 18:-8.5.35.-2.]

(C.S.O. 3159/1935).

A BILL

Short title.

Payment

ments,

pension, gratuity or allowance is payable to a

public servant,

his widow

INTITULED

An Ordinance to regulate the payment of emoluments, pensions, gratuities or other allowances due to persons certified to be unable by reason of mental disability to manage their affairs.

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

1. This Ordinance may be cited as the Lunacy (Payment of Public Allowances) Ordinance, 1935.

2. When any sum in respect of emoluments, pension, where emolu- gratuity or other allowance is payable out of the revenues of the Colony to any public servant, or to the widow or child of any public servant, and the person to whom the sum is payable is certified by two persons who are either Government Medical Officers or medical practitioners to be unable by reason of mental disability to manage his or her or child and affairs, the Governor in Council may direct the payment of so much of the said sum as he may think fit to the institution or person having the care of the disabled person, and may direct the payment of the surplus, if any, or so much thereof as he may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person, and payment under such direction shall be a sufficient discharge from all liability in respect of any sums so paid.

the payee

is certified to be

incapable.

53 Vict.

c. 5, s. 335.

Objects and Reasons.

1. Section 335 of the Lunacy Act, 1890, provides that when any sum in respect of pay, pension, superannuation, or other allowanee, or annuity under the control or manage- ment of any public department is payable to any person, in respect either of service as a civil servant or of military or naval service or of provision for a widow or child of a person employed in civil, military or naval service, and the person to whom the sum is payable is certified by a justice or minister of religion, and by a medical practitioner, to be unable by reason of mental disability to manage his or her affairs, the public department may pay so much of the said sum as the department may think fit to the institution or person having the care of the disabled person, and may pay the surplus, if any, or such part thereof as the department may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person and the department shall be discharged from all liability in respect of any sums so paid.

ན །

1375

2. That section of the Lunacy Act, 1890, is not in force in the Colony under either section 8 of Ordinance No. 3 of 1873, or Ordinance No. 3 of 1906 which deal with the Jurisdiction of the Supreme Court with respect to lunatics.

3. This Ordinance therefore enacts a provision on the lines generally of section 335 of the Lunacy Act, 1890, but by section 2 it is limited to personal emoluments, pensions, gratuities or other allowances payable out of the revenues of the Colony to any public servant, his widow or child and certification of mental disability by two persons who are either Government Medical Officers or medical practitioners is required. Also the discretionary power is vested in the Governor in Council and not in any depart-

ment.

4. "Public servant" and "Medical practitioner" are defined in the Interpretation Ordinance No. 31 of 1911.

C. G. ALABASTER,

Attorney General.

May, 1935.

1376

[No. 2:-6.6.35.-8.

Short title.

New paragraph (aa) for Ordinance No. 10 of 1899, s. 2.

Substitution for Ordin- ance No. 10 of 1899, s. 2 (j) and (0).

57 & 58 Vict.

c. 60, s. 267,

22 Geo. 5, c. 9, s. 33.

Amendment

of Ordin-

ance No. 10 of 1899,

s. 10 (2).

Amendment

of Ordin-

of 1899, s. 10 (4).

C.S.O. 2038/14 III.

A BILL

INTITULED

An Ordinance to amend further the law relating to Merchant

Shipping.

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

1. This Ordinance may be cited Shipping Amendment Ordinance, 1935.

as the Merchant

2. Section 2 of the Merchant Shipping Ordinance, 1899, is amended-

(i) by the insertion of the following paragraph (aa) im- mediately after paragraph (a) thereof :-

(aa) "Governor' includes, in relation to any purpose of this Ordinance, any person authorised by the Governor for that purpose.

(ii) by the repeal of paragraph () thereof and the sub- stitution of the following paragraph :-

() "Passenger" includes any person carried in a ship other than the master and crew, and the owner, his family and servants and persons on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, dis- tressed or other persons or by reason of any circumstance which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(iii) by the repeal of paragraph (o) thereof and the sub- stitution of the following paragraph :-

(o) "Steamer" or "Steamship" means any vessel pro- pelled by steam.

3. Section 10 (2) of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following proviso at the end thereof: --

Provided that paragraphs (a) and (b) of this sub-section shall cease to apply to Safety Convention passenger ships plying on international voyages on the expiration of twelve months from the coming into operation of any Order of His Majesty in Council, under section 36 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932. extending the provisions of Part I of that Act to the Colony.

4. Section 10 (4) of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following words at the end thereof :--

Such Government surveyors may be classified as Ship Surveyors, Engineer Surveyors and Wireless Telegraphy Surveyors.

1377

5. Sub-section (6) of section 10 of the Merchant Shipping Substitution Ordinance, 1899, is repealed and the following sub-section is substituted therefor :-

for Ordin- ance No. 10

of 1899, s. 10 (6).

as to

surveys.

(6) The Governor in Council may issue instructions to Regulations Government surveyors and make regulations as to the manner in which surveys of ships are to be made, as to the notice 57 & 58 Vict. to be given to the Government surveyors when surveys are c. 60,

s. 724 (3); required, and as to the amount and payment of the fees due, 22 Geo. 5, and of any travelling or other expenses incurred by such c. 9, s. 1 (1). surveyors in the execution of their duties. The Governor in Council may by such regulations determine the persons by whom and the conditions under which any such payment shall be made. The power to make such regulations shall include a power to make such regulations applicable to passenger ships plying on international voyages as appear to the Governor in Council to implement the provisions relating to construction, machinery, equipment and marking of load lines which are contained in Chapter II of the International Convention for the Safety of Life at Sea, 1929, and the Regulations referred to therein (except so far as the said provisions are otherwise implemented by the Merchant Shipping Acts or this Ordinance).

Such instructions and regulations may-

(i) modify any such requirement, as respects passenger ships plying on any international coasting voyage, if and to the extent that the Governor in Council is satisfied that the risks incurred by passenger ships plying on that voyage are such as to make it unreasonable or unnecessary to require ships so plving to comply with that requirement; and

(ii) modify any such requirement, as respects ships for the time being engaged in any passenger trade in which they are employed in the carriage of large numbers of unberthed passengers, if the Governor in Council is satisfied that compliance with that requirement by ships so engaged is impracticable and to the extent that he is so satisfied that modifications are required by the conditions of the trade.

Provided that the Governor may-

(a) treat any passenger ship constructed before the 1st July, 1931, not being a ship converted to passenger service on or after that date) as complying with any such requirement if he is satisfied that such steps, if any, as are reasonable and practicable have been taken to make the ship comply with that requirement; and

(b) modify, as respects any ship plying on short inter- national voyages, any of the requirements of the regulations. relating to construction, made under this sub-section, which implement the provisions of the said Safety Convention contained in Regulations IX, X, XV and XIX thereof, if and to the extent that he is satisfied that that requirement is neither reasonable nor practicable in the case of that ship. Until such instructions and regulations are issued or made by the Governor in Council under this sub-section the Govern- ment survevors shall execute their duties in accordance with the Instructions to Surveyors issued by the Board of Trade.

Amendment

of Ordin-

ance No. 10 of 1899,

s. 10 (8).

57 & 58 Vict.

1378

6. Paragraphs (a) and (b) of section 10 (8) of the Merchant Shipping Ordinance, 1899, are repealed and the following paragraphs are substituted :-

    (a) A declaration of a Government ship surveyor contain- c. 60, s. 272. ing statements of the following particulars :-

22 Geo. 5,

(i) that the hull of the ship is sufficient for the service intended and in good condition;

(ii) that the boats. life buoys, lights, signals, compasses and shelter for deck passengers are such,

are such, and in such condition, as are required by law;

(iii) the time (if less than one year) for which the hull and equipments will be sufficient;

    (iv) the voyages or class of voyages on which, as regards c. 9, s. 2 (1). construction and equipment, the ship is in the surveyor's

judgment fit to ply;

18 & 19 Vict. c. 104.

Ordinance No. 30 of 1915.

57 & 58 Vict. c. 60, s. 272.

22 Geo. 5,

c. 9, s. 5 (4).

22 Geo. 5,

c. 9,

s. 2 (2).

22 Geo. 5,

(v) with reference to all passenger ships not coming within the provisions of the Chinese Passengers Act, 1855, or of the Asiatic Emigration Ordinance, 1915, if plying or intended to ply for hire, the number of passengers which such ship is, in the judgment of the surveyor, fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins, and in the different parts of the deck and cabins; such numbers to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances as the Governor in Council may direct by any regulations to be made by him for this purpose.

(vi) that the certificates of the master and mate or mates are such as are required by law; and

(b) A declaration of a Government engineer surveyor containing statements of the following particulars :-

(i) that the machinery of the ship is sufficient for the service intended, and in good condition;

(ii) the time (if less than one year) for which the machinery will be sufficient;

(iii) that the safety valves and appliances for the prevention, detection and extinction of fire are such and in such condition as are required by law;

(iv) the limit of the weight to be placed on the safety valves;

(v) the voyages or class of voyages on which as regards machinery the ship is in the surveyor's judgment fit to ply:

(vi) that the certificates of the engineer or engineers of the ship are such as are required by law; and

(c) In the case only of ships required by law to be c. 9, s. 9 (2). provided with a wireless telegraph installation, a declaration of a Government wireless telegraphy surveyor containing statements of the following particulars :-

(i) the voyages or class of voyages on which, as regards wireless telegraphy, the ship is fit to ply;

(ii) that, having regard to the tonnage of the ship and the voyages or class of voyages on which she is declared to be fit to ply, the wireless telegraph installation complies with the wireless telegraphy rules;

(iii) that the certificates of the wireless telegraphy opera- tors and watchers are such as are required by those rules.

1

1379

7. Section 10 of the Merchant Shipping Ordinance, 1899, New sub- is amended by the addition of the following sub-section after section (8A) sub-section (8): --

(8A) If in the judgment of any such surveyor a passenger ship is fit to ply on international voyages while engaged in a special passenger trade only, his declaration of survey shall state that fact.

Ordinance No. 10 of 1899, s. 10.

Statement

in declara- tion if ship

is fit to ply in a special passenger trade only.

22 Geo. 5, c. 9,

s. 2 (3).

ance No. 10

8. Section 10 (10) of the Merchant Shipping Ordinance, Amendment 1899, as enacted by section 5 of the Merchant Shipping Amendment Ordinance, 1932, is amended by the substitution of 1899, of the words "cause a passenger certificate" for the words "cause a certificate".

9. Section 10 of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following sub-section after sub-section (10) :-

s. 10 (10).

Ordinance No. 23 of 1932.

New sub- section (10A) added to Ordinance

1899, s. 10.

(10A) Any such certificate may be signed on behalf of No. 10 of the Governor by any person authorised by him for the 22 Geo. 5, purpose, and a certificate purporting to be so signed shall be admissible in evidence in like manner as if it had been signed s. 15 (4). by the Governor.

10. Section 10 (11) of the Merchant Shipping Ordin ance, 1899, is repealed and the following sub-section is substituted therefor :-

c. 9,

Substitution for Ordin-

ance No. 10 of 1899, s. 10 (11).

certificate

(11) Such certificate in duplicate, when completed, shall Delivery of be delivered by the Harbour Master to the owner, agent or in duplicate. master applying for the same and paying the balance of the fee and other sums, if any, payable in that behalf.

11. Section 10 of the Merchant Shipping Ordinance, Amendments 1899, is also amended-

(i) in sub-section (5) by the substitution of the words "fifty dollars" for the words "twenty-five dollars";

of Ordin-

ance No. 10 of 1899, s. 10 (5),

(7), (9),

(18), (20)

(ii) in sub-section (7) by the substitution of the words and (21). "five hundred dollars" for the words "two hundred and fifty dollars".

(iii) in sub-section (9) by the substitution of the words "five dollars" for the words "two dollars";

(iv) in sub-section (18) by the substitution of the words "one hundred dollars" for the words "fifty dollars";

(v) in sub-section (20) by the substitution of the words "one hundred dollars" for the words "fifty dollars";

(vi) in sub-section (21) by the substitution of the words "fifty dollars" for the words "twenty-five dollars".

12. Section 11 of the Merchant Shipping Ordinance, Amendments 1899, is amended---

(i) in sub-section (1) by the repeal of paragraph (c);

(ii) in the fifth line of sub-section (2) by the substitution of the words "one thousand dollars" for the words "five hundred dollars";

of Ordin- ance No. 10

of 1899,

s. 11.

Substitution

for Ordin-

ance No. 10 of 1899,

s. 13 (1),

(2), (2A), (3), (4),

(5), (6)

and (7).

Application

of Board

1380

(iii) in the last line of sub-section (2) by the substitution of the words "five hundred dollars" for the words "two hundred and fifty dollars";

(iv) in sub-section (4) by the substitution of the words "one thousand dollars" for the words "five hundred dollars".

13. Section 13 of the Merchant Shipping Ordinance, 1899, is amended by the repeal of sub-sections (1), (2), (2A), (3), (4), (5), (C) and (7) and by the substitution of the following sub-sections therefor :--

(1) The rules for life-saving appliances from time to time in force made by the Board of Trade under section 427 of the Merchant Shipping Act, 1894, as amended by section 5 (1) of the Merchant Shipping (Safety and Load Line Conventions) 57 & 58 Vict. Act, 1932, shall apply to the Colony in respect of the following

of Trade life-saving appliances rules.

c. 60.

22 Geo. 5, c. 9.

Duties of owners and.

masters as to carrying life saving appliances.

57 & 58 Vict.

c. 60,

s. 428.

Penalty for breach of rules or regulations applicable

ships:

(i) Passenger steamers plying on international voyages; (ii) Passenger steamers plying on short international voyages;

(iii) Foreign-going steamships (except steamships, such as salvage tugs, dredgers and the like, declared by the Governor in Council to be special service craft) not certified for the carriage of passengers.

Provided that the Governor in Council may, in addition to any powers of exemption or modification given to the Governor under section 4 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, as extended to the Colony by Order of His Majesty in Council, make regulations with regard to life-saving appliances for ships to which the said rules do not apply.

In this sub-section-

"Passenger steamer" means a steamer carrying more than twelve passengers.

"Foreign-going" means plying outside the limits within which river steamers ply.

(2) It shall be the duty of the owner and master of every British ship to see that his ship is provided, in accordance with the said rules or regulations, as the case may be, with such of those appliances as, having regard to the nature of the service on which the ship is employed and the avoidance of undue encumbrance of the ship's decks, are best adapted for securing the safety of her crew and passengers.

(3) In the case of any ship-

(a) if the ship is required to be provided with life saving appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules or regulations 57 58 Vict. applicable to the ship; or

to ship.

c. 50.

s. 430 (1).

(b) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the vogage or excursion through the wilful fault negligence of the owner or master; or

or

(c) if the master wilfully neglects to replace or repair, on the first opportunity, any such appliances lost or injured in the course of the voyage or excursion; or

(d) if such appliances are not kept so as to be at all times fit and ready for use; or

ì

1381

c. 9,

(e) if any provision of the rules or regulations in respect 22 Geo. 5, of life saving appliances applicable to the ship is contravened s. 5 (2). or not complied with,

then the owner of the ship (if in fault) shall for each offence be liable to a fine not exceeding one thousand dollars, and the master of the ship (if in fault) shall for each offence be liable to a fine not exceeding five hundred dollars.

respect to

(4) A Government ship or engineer surveyor may Survey with inspect any ship for the purpose of seeing that the rules or life saving regulations in respect of life saving appliances applicable to appliances. the ship have been complied with in her case, and for the 22 Geo. 5, purpose of any such inspection shall have all the powers. 5'(3). of a Board of Trade Inspector under the Merchant Shipping Acts.

c. 9,

deficiency.

(5) If the surveyor finds that the rules or regulations Notice of have not been complied with he shall give written notice to the owner or master stating in what respect the said rules 22 Geo. 5, or regulations have not been complied with, and what. in s. 5 (3). his opinion is required to rectify the matter.

c. 9,

granted and

(6) Every notice so given shall be communicated to the Clearance Harbour Master and a clearance shall not be granted to the not to be ship and the ship shall be detained until a certificate under ship to be the hand of a Government ship or engineer survevor is produced to the effect that the matter has been rectified

detained duction of

until pro-

certificate of rectifica- tion.

22 Geo. 5, c. 9, s. 5 (3).

Entry in log-book of

ination of

(7) The master of every British ship shall enter or cause to be entered in the official log book a statement, or, if there boat drill is no official log-book, cause a record to be kept, of every and exam- occasion on which boat drill is practised on board the ship, life-saving and on which the life-saving appliances on board the ship appliances. have been examined for the purpose of seeing that those 6 Ed. 7, appliances are fit and ready for use; and if, in the case of s. 9 (1). a passenger ship, boat drill is not practised on board the ship in any week, the master shall enter a statement of the reasons why boat drill was not practised in that week.

c. 48,

22 Geo. 5. c. 9,

s. 5 (5).

of 2nd

14. Section 13 of the Merchant Shipping Ordinance, Substitution 1899, is also amended by the repeal of the second proviso at proviso to the end thereof and by the substitution of the following Ordinanca proviso:-

Provided always that sub-sections (1) to (7) inclusive of this section shall not apply to any ship of a Safety Convention country which carries a valid Safety Certificate, or to any ship of a non-Convention country with regard to which it has been declared by order of His Majesty in Council that the provisions in force in that country relating to life-saving appliances are as effective as those of the Merchant Shipping Acts, on proof that such former provisions are complied with in the case of that ship.

No. 10 of 1899, s. 13.

15. Section 19 of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the figures "1932" for the figures "1890" in sub-section (14) (d) thereof.

of Ordin- ance No. 10: of 1899, s. 19 (14).

16. Section 20 of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the figures "1932" for the figures "1890" in sub-section (3) thereof.

of Ordin- ance No. 10 of 1899. s. 20 (3).

Substitution

for Ordin-

ance No. 10

of 1899,

s. 38.

Regulations

as to

passenger certificates for river steamers.

Schedule. Table F.

New sub- section

(3A) added to Ordin- ance No. 10 of 1899, S. 41.

Notice to

be given to

nearest

consular

officer

where proceedings taken in respect of a foreign ship under Merchant Shipping Act, 1932, as extended to Colony.

22 Geo. 5,

c. 9, s. 69.

1382

17. Section 38 of the Merchant Shipping Ordinance, 1899, is repealed and the following section is substituted therefor :-

38. (1) Every passenger certificate issued to a river steamer shall specify the number of passengers which she may lawfully carry.

(2) Such number shall be subject to such conditions as the Governor in Council may direct by regulations.

(3) The owner or master of any river steamer leaving or entering the waters of the Colony with passengers on board in excess of the number authorised by her passenger certificate shall be liable to a fine not exceeding two hundred and fifty dollars, and, in addition, to a fine not exceeding five dollars for every passenger on board in excess of the number authorised by her passenger certificate.

18. Section 41 of the Merchant Shipping Ordinance, 1899, as amended by the Merchant Shipping (No. 2) Amend- ment Ordinance, 1934, is further amended by the addition of the following sub-section after sub-section (3) thereof :-

(3A) Where any foreign ship is detained under the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, as extended to the Colony, and where any proceedings are taken under that Act against the master or owner of any such ship, notice shall forthwith be given to the nearest consular officer for the country to which the ship belongs, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.

Amendments of Ordin- ance No. 10 of 1899,

s. 41 (7) and (8).

Amendment

of Ordin-

19. Section 41 of the Merchant Shipping Ordinance, 1899, is also amended-

(i) in sub-section (7) by the substitution of the words "one thousand dollars" for the words "five hundred dollars";

(ii) in sub-section (8) by the substitution of the words "one thousand dollars" for the words "five hundred dollars": (iii) in sub-section (8) by the substitution of the words "one hundred dollars" for the words "fifty dollars".

     20. Section 42 (1) of the Merchant Shipping Ordinance, of 10 1899, is amended by the addition of the following paragraph

after paragraph (b) thereof :----

of 1899.

s. 42 (1).

Amendment of Ordin-

ance No.

10 of 1899, s. 46.

(c) for amending, varying, rescinding, revoking or suspending any of the Tables in the Schedule.

21. Section 46 of the Merchant Shipping Ordinance, 1899, is amended by the insertion of the words "steamers or" immediately after the words "applying to" in the first line thereof.

1383

section

22. Section 4 of the Merchant Shipping Ordinance, New sub- 1899, is amended by the insertion of the following sub-section after sub-section (1) thereof :-

(1A) for

Ordinance No. 10 of 1899, s. 4.

(1A) Every officer on board a foreign passenger steamship Recognition

                               of foreign who has received a certificate of competency granted by a certificates competent authority of his country, which the Governor is of com- satisfied is of corresponding value to any certificate of petency of

                               correspond- competency granted under this Ordinance, shall be deemed ing value to to be duly certificated under this Ordinance in respect of such granted foreign steamship, provided that his certificate is of a grade under this appropriate to his station in the foreign steamship or of a higher grade.

certificate

Ordinance,

23. This Ordinance shall come into force on the 1st Commence- July, 1935.

ment.

Objects and Reasons.

1. The extension to the Colony of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, by Orders in Council under sections 36 and 64 thereof makes it necessary to amend the local Merchant Shipping Ordinance, No. 10 of

1899.

2. As it is understood that Part II of the Act, dealing with Load Line and Loading, may be extended to the Colony by Order in Council before Part I, dealing with Safety of Life at Sea, is so extended, the Merchant Shipping (No. 2) Amendment Ordinance, 1934, has already been passed making the amendments in the principal Ordinance required by the extension of Part II of the Act to the Colony.

3. Further amendments will be required when Part I of the Act is extended, and this draft Bill has been prepared accordingly.

4. Clause 2 provides a definition of "Governor', derived from the Air Navigation (Colonies, Protectorates and Man- dated Territories) Order in Council of 1927, which is necessary to enable the Governor to delegate any of his powers under the Ordinance. The clause also substitutes for the old definition of "passenger" the definition given in section 267 of the Merchant Shipping Act, 1894, as amended by s. 33 of the Act of 1932, and in the definition of "steamship" includes "steamer", a word which is used in the 1932 Act instead of steamship.

5. Clause 3 adds a proviso to section 10 (2) of the principal Ordinance modifying the provisions of that sub- section in the case of Safety Convention passenger ships (see section 21 (3) of the Merchant Shipping (Safety and Load Line Conventions) Act 1932).

6. Clause 4 adds a sentence to section 10 (4) of the principal Ordinance which will make it clear that the Govern- ment Surveyors may be classified as ship, engineer and wireless telegraphy surveyors.

1384

7. Clause 5 substitutes a new sub-section for section 10 (6) of the principal Ordinance. This amendment will enable the Governor in Council to make regulations and issue instructions similar to those made or issued by the Board of Trade under sections 724 (3) of the Act of 1894, as affected by section 1 (1) of the Act of 1932. Paragraphs (i) and (ii) of the new sub-section 10 (6) correspond with paragraphs (b) and (c) of section 1 (1) of the 1932 Act which deal with the powers of the Board of Trade as respects certain classes of ships; and paragraphs (a) and (b) of the new sub-section 10 (6) correspond with paragraphs (a) and (d) of the 1932 Act which deal with the powers of the Board of Trade as respects individual ships. In the notes to the First Schedule of the draft Merchant Shipping Safety Convention (Hong Kong) No. 1 Order, enclosed in the Board of Trade letter to the Colonial Office of the 25th August, 1933, and forwarded to Hong Kong with the Secretary of State's despatch of the 25th September, 1933, it is suggested that the Hong Kong Authorities should make their own Construction Regulations and it is pointed out that the application of the Safety Convention to Hong Kong will mean that passenger ships registered in the Colony, which require Safety Certificates, will have to comply with the Convention requirements and that the Hong Kong Regulations will, therefore, have to ensure that this standard is complied with. The Hong Kong Construction Regulations will naturally be based on the regulations and instructions issued by the Board of Trade, due regard being had to the position of ships engaged in short international voyages, unberthed passenger trades, and international coasting voyages.

8. Clause 6 substitutes for paragraphs (a) and (b) of section 10 (8) of the principal Ordinance three paragraphs on the lines of section 272 of the Merchant Shipping Act, 1894, as amended by sections 2 (1), 2 (2), 5 (4) and 9 (2) of the Act of 1932.

9. Clause 7 adds a new sub-section (SA) to section 10 of the principal Ordinance on the lines of section 2 (3) of the Act of 1932.

10. Clause 8 gives the name in local use (passenger certificate) to the certificate issued by the Governor under section 10 (10) of the principal Ordinance as enacted by section 5 of Ordinance No. 23 of 1932. This corresponds with the term "passenger steamer certificate" used in sections 276 to 282 of the Act of 1894. Sub-section 10 (3) is not altered in this respect because the expression "certificates as to survey" there used corresponds with a similar expression in section 271 (1) (b) of the Act of 1894.

11. Clause 9 adds a new sub-section (10A) to section 10 of the principal Ordinance on the lines of section 15 (4) of the Act of 1932.

12 Clause 10 redrafts section 10 (11) of the principal Ordinance. Such redrafting appears necessary if the office of the person authorised under section (10A) to sign the certificate is not the Colonial Secretariat.

13. Clause 11 increases the dollar penalties provided in sub-sections (5), (7), (9), (18), (20) and (21) of section 10 of the principal Ordinance so as to make them approximate more

A

1385

closely to the sterling penalties provided by the corresponding sections 725 (2), 724 (4), 273 (2), 280 (2), 281 (2) and 726 (3)

of the Act of 1894.

14. Clause 12 amends section 11 of the principal Ordin- ance by repealing paragraph (c) of sub-section (1). That paragraph was derived from section 285 (2) of the Act of 1894 which is repealed by section 5 (4) of the Act of 1932. Clause 12 also doubles the penalties provided by sub-sections (2) and (4) of section 11 of the principal Ordinance so as to make them approximate more closely to the sterling penalties provided by the corresponding sections 285 (5) and 286 of the Act of 1932.

15. Clause 13 repeals sub-sections (1) to (7) of section 13 of the principal Ordinance and replaces them with seven revised sub-sections. Sub-section (1) applies the Board of Trade life saving appliances rules to the Colony in respect of certain steamships, with a proviso enabling the Governor in Council to make regulations with re- gard to ships to which those rules do not apply. Sub-section (2) is derived from section 428 of the Act of 1894. Ships under sixty tons and ferry vessels are dealt with under sections 4 (3A), 10 (1) and 37 and Table E of the principal Ordinance as amended by Ordinance No. 28 of 1933. Sub-section (3) is derived from section 430 (1) of the Act of 1894 as amended by section 5 (2) of the Act of 1932. Sub-sections (4), (5) and (6) are derived from section 5 (3) of the Act of 1932. Sub-section (7) is derived from section 9 of the Act of 1906 as amended by section 5 (5) of the Act of 1932.

16. Clause 14 repeals the second proviso to section 13 of the principal Ordinance and substitutes a new proviso, on lines suggested by the Board of Trade, exempting from the opera- tion of sub-sections (1) to (7) of section 13-

(a) ships of Convention countries armed with Safety Certificates, and

(b) ships of non-Convention countries which, despite non-adherence to the Convention, make proper provision for safety of life on board their ships at sea.

17. Clauses 15 and 16 amend sections 19 and 20 of the principal Ordinance by substituting references to

to the Magistrates Ordinance, 1932, for the references to the Magistrates Ordinance, 1890.

18. Clause 17 substitutes a revised section for section 38 of the principal Ordinance, the repealed section having authorised special licences for river steamers which were subject to the regulations in Table F. In practice, however, such licences are not issued; but Table F is used to determine the number of passengers which such steamers are authorised to carry by their passenger certificates.

19. Clause 18 adds a sub-section (3A) to section 41 of the principal Ordinance on the lines of section 69 of the Act of 1932.

20. Clause 19 increases the dollar penalties provided in sub-sections (7) and (S) of section 41 of the principal Ordin- ance so as to make them approximate more closely to the sterling penalties provided by the corresponding sub-sections (1) and (2) of section 692 of the Act of 1894.

31

1386

21. Clause 20 adds a paragraph to section 42 (1) of the principal Ordinance giving the Governor in Council express power to amend, vary. rescind, revoke or suspend the Tables in the Schedule. Many of these Tables require revision and although the power to deal with them is probably given in section 40 (1) of the Interpretation Ordinance, No. 31 of 1911, it is considered desirable to give an express power in the principal Ordinance.

22. Clause 21 makes an addition to section 46 of the principal Ordinance necessitated by the use of the word

'steamer" in the Act, in the Ordinance and in this Bill.

23. Clause 22, which has been added in consequence of instructions received in the Secretary of State's telegram of the 27th May, 1935, amends section 4 of the principal Ordin- ance by the addition thereto of a new sub-section, numbered (1A), which provides that every officer on board a foreign passenger steamship who has received a certificate of com- petency granted by a competent authority of his country, which the Governor is satisfied is of corresponding value to any certificate of competency granted under the Ordinance, shall be deemed to be duly certificated under the Ordinance in respect of such foreign steamship, provided that his certificate is of a grade appropriate to his station in the foreign steamship or of a higher grade.

24. Clause 23 brings this amending Ordinance into force on the 1st July, 1935 on which date Part I of the Act of 1932 will be extended to the Colony by Order in Council.

June, 1935.

C. G. ALABASTER,

Attorney General.

1387

[No. 22:-27.5.35.-2.]

A BILL

INTITULED

An Ordinance to amend the Pensions Ordinance, 1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Pensions Amend- Short title ment Ordinance, 1935.

2. Section 8 of the Pensions Ordinance, 1932, is Amendment amended-

of Ordinance No. 21 of 1932, s. 8,

(i) by the repeal of paragraph (c) thereof and the sub- by sub- stitution of the following paragraph therefor :-

(c) on or after attaining the age of forty five, with less than fifteen years service in the Colony, if he be Indian subordinate officer of the Prison Department; or

stitution for paragraph (c) and

not addition of an paragraph

(ii) by the insertion of the following paragraph, number- ed (cc), immediately after the above paragraph (c)

(cc) on or after attaining the age of fifty years, with not less than fifteen years service in the Colony, if, being a woman, she be a lady medical officer, lady serving in the Education Department, European attendant at a Government mental hospital, or nurse (other than a European matron or European nursing sister referred to in paragraph (d) of this section) in a Government hospital; or

Objects and Reasons.

1. The purpose of this amending Ordinance is to allow Indian subordinate officers of the Prison Department who have not less than 15 years service to retire on pension at the age of forty five.

2. Under the existing law the ordinary retiring age for such officers is fifty, but it is considered that in this respect their conditions of service should be assimilated to those of Indian police officers who are allowed to retire at forty five.

3. The new Ordinance accordingly repeals paragraph (c) of section 8 of the principal Ordinance, in which Indian subordinate officers of the Prison Department were grouped with lady medical officers, ladies serving in the Education Department, European attendants at Government mental hospitals and nurses, other than European matrons or European nursing sisters referred to in paragraph (d), and substitutes two new paragraphs, (c) relating to Indian sub- ordinate officers of the Prison Department, and (cc) relating to the others grouped with them in the repealed paragraph. In the new paragraph (cc) the words "being a woman, she" have been substituted for "he" to make it clear that the paragraph does not refer to male attendants or male nurses.

C. G. ALABASTER,

Attorney General.

(cc).

1388

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 175.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America,! including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

1st April.

Inspections outside the ports from 1st

Steerage passengers must comply with the vaccination requirements.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

14th June, 1935.

D. W. TRATMAN,

Colonial Secretary.

DISTRICT OFFICE, TAI Po.

  No. S. 176.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 26th day of June, 1935.

  The Lot is let for the term of one year from the 1st day of July, 1935 as an Agricultural Lot.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents

in

Annual

Upset

Price.

Acre.

Crown Rent.

No. D. D.

Lot.

N.

S.

E.

W.

1

LO

5

688

feet. feet. feet. feet.

Tai Po Tau Shui Wai. As per plan deposited in the

District Office, North.

14th June, 1935.

$

31 acre.

Nil

1.90

T. MEGARRY,

District Officer, North.

1389

DISTRICT OFFICE, TAI PO.

No. S. 177.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 26th day of June, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial No. 1 as a Threshing floor Lot, Serial No. 2 as an Orchard and Agricul- tural Lot, Serial No. 3 as a Garden and Agricultural Lot and Serial Nos. 4 and 5 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial No. 1 is further subject to Special Condition No. 1 (a). Serial Nos. 2 to 5 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification. Serial No. 2 is further subject to Special Condi- tions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D.

Lot.

N.

S.

E.

W.

Contents in Acres, or Square feet.

Annual

Upset Price.

Crown

Rent.

feet. feet. feet. feet.

$

1 51

4698

Fan Ling.

As per plan deposited in the District Office, North.

448 sq. ft.

9

.10

2

24

410

Wun Iu.

·81 acre

89

.90

3

92

2259

Ku Tung.

1:07

234

3.30

""

""

4

91

3199

Ping Kong.

*16

18

.20

"1

LO

5

370

90

Nam She.

*07

8

.10

""

22

SPECIAL CONDITIONS TO SERIAL No. 2.

1. The Purchaser shall within 7 days from the date of sale pay to Government. the sum of $26.00 for the trees growing on the Lot.

2. The Purchaser shall within 24 months from the date of sale plant and grow fruit trees on the Lot to the satisfaction of the District Officer North.

3. No trees to be planted within 10 feet of any existing graves on the Lot.

4. The paths as shown coloured green on the plan to be left open to the Public.

  5. A right of way to the graves is reserved in favour of the owners of the said graves. at the Ching Ming and Chung Yeung festivals.

14th June, 1935.

T. MEGARRY, District Officer, North.

1390

DISTRICT OFFice, Tai Po.

 No. S. 178.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11.30 a.m., on Thursday, the 27th day of June, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial No. 1 as a Building Lot, Serial No. 2 as a Building and Garden Lot, and Serial No. 3 as an Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Serial No. 3 is further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

The amounts to be spent on each building Lot in rateable improvements under the General Condition No. 5 are $2,000 and $500 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality,

No. D.D.

Lot.

Contents in

Upset

Acres or Square feet.

Annual Crown

Price.

Rent

S.

E.

W.

feet.

feet. feet. feet.

$

I

300 140

Castle Peak.

As per plan deposited in the District Office, North.

1600 sq. ft.

32

4.00

2

141

""

Do.

2000

40

5.00

GO

3

106

341

Un Kong.

14th June, 1935.

Do.

'02 acre.

T. MEGARRY,

District Officer, North.

.10

PUBLIC WORKS DEPARTMENT.

""

"

No. S. 162.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Hospital Servants Quarters will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of June, 1935. The work consists of the erection of a three-storey building comprising single and married quarters adjoining the new Government Civil Hospital.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

31st May, 1935.

R. M. HENDERSON,

Director of Public Works.

7

1392

IN THE SUPREME COURT OF HONG KONG,

IN BANKRUPTCY.

Notices of Intended Dividend.

No. 22 of 1920.

Re E. A. Beaumont formerly carrying on business under the style of Beaumont & Co., at Prince's Build- ing, Victoria, in the Colony of Hong Kong, Imports and Exports.

FIRST and final dividend is intended to

Abe declared in this matter.

Creditors who have not proved their debts by the 18th day of July, 1935, will be ex- cluded.

No. 5 of 1935.

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 30 of 1932.

Re Frederico Alberts Baptista, of No. 20, Yuk Sau Street, (ground floor), Happy Valley, Victoria, in the Colony of Hong Kong, clerk.

SECOND dividend of $15.00 per cent has been declared in the above-matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 17th day of June, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities

Re Chan Kwan Mo (A) helt by them, and must sign a receipt in the

Mo(陳君武)

of No. 227, Jaffe Road, (3rd for), Victoria, in the Colony of Hong Kong, Jeweller and Silver Smith's Salesman.

FIRST dividend is intended to be declar-

Aed in this matter.

Creditors who have not proved their debts by the 15th day of July, 1935, will be ex- cluded.

Dated the 14th day of June, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG,

IN BANKRUPTCY.

No. 2 of 1935.

Re The Canton Brothers Rubber Manu- facturing Company, of Hai Tan Street, Mongkok, Kowloon, in the Colony of Hong Kong, Manufac- turers and Tan Shu Shu, Tang Pak Ki and Tang Sui Ying, partners therein.

NOTICE is hereby given that the Receiving

         Order made on the 2nd day of March, 1935, against the above named debtor firm has been rescinded by Order af the Court dated the 8th day of June, 1935.

Dated the 14th day of June, 1935.

JAMES J. HAYDEN,

Official Receiver

prescribed form.

Dated the 14th day of June, 1935.

JAMES J. HAYDEN.

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 23 of 1934.

Re Tung Tak firm of No. 10 Lower Lascar Row, Victoria, in the Colony of Hong Kong, and its branches Tung Lok firm of No. 30 Lower Lascar Row, Victoria, aforesaid.

N

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Mrs Agnes Elizabeth Fairgrieve or Kennedy late of Somer- set, Kinnoull, Perth, Perthsire, Scot- land, Widow, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 4th day of July, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of June, 1935.

IN

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building,

Ice House Street,

Hong Kong.

NOTICE OF TRANSFER

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance No. 25 of 1923, Notice is hereby given that Tsang Tai Sum() alias Tsang Chung Yee Tong (會忠義堂) and Tsang Hin Po (會憲保) both carrying on

business with others at No. 9 Lok Shan Road, To Kwa Wan, Kowloon under the style or firm name of the China Ink Manufacturing Company

Tung Fook firm of No. 53 Portlan) have entered into

Street, Kowloon, in the Colony of Hong Kong, Tung Chan firm of No. 40 Portland Street, Kowloon, afore-

an agreement for the transfer of their respec- tive shares in the said firm to Chan Yue Kiu

said, and Tung Wo Firm of No. 23 ) (hereinafter referred to as the

Portland Street, Kowloon, aforesaid and Yeung Sik Kwong, Li San, Kam Chun Tung, Yeung Po Cho alias Cheung Ho Tong and Chau Tak Wong alas Oi Wo Tong some of the partners therein.

RECEIVING Order made 8th day of June.

1935. Date and place of first meeting, 20th day of June, 1935, at 11.00 a.m. in the Official Receiver's Office.

`NOTE.--All debts due to the estate should be paid to me.

Dated the 14th day of June, 1935.

JAMES J. HAYDEN,

Official Receiver.

(B)

Transferee) of No 9 Lok Shan Road, To Kwa Wan aforesaid. The transaction is intended to be completed on the 15th day of July, 1935.

After the transfer, the Transferee shall con- tinue to hold the said shares and shall assume all responsibilities in connection therewith.

Dated the 13th day of June, 1935.

TSANG TAI SUM

AND

TSANG HIN PO,

Transferrors,

CHAN YUE KIU,

Transferree.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Adjudication and Appointment of Trustee.

No. 6 of 1935.

Re The Century Company, of No. 126, Wing Lok Street, 2nd floor, Victoria in the Colony of Hong Kong, Exporters and Importers.

HE above-named The Century Company

The above-named Bankrupt on the Rupany

of June, 1935, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt firm.

Dated the 14th day of June, 1935.

JAMES J. HAYDEN,

Official Receiver.

NOTICE OF TRANSFER

IN pursuance of Section 3 of the Fraudulent

Transfers of Businesses Ordinance No. 25

of 1923, Notice is hereby given that The Young Wai Huen Tong (hereinafter called "the Vendor") carrying on the business in partnership with certain other persons under the style or firm name of Shun Wo Company as Californian Merchants at No. 105, Des Vœux Road West, Victoria, Hong Kong, has sold to Wong Kam Chan of No. 105, Des Vœux Road West, Victoria aforesaid (hereinafter called "the Purchaser'). ALL his share and interest of and in the said business including the property assets credits effects good-will and signboard.

The Purchaser intends to carry on the said business at the same address and under the same style and will not assume the liabilities in the business of the Vendor prior to the 21st day of May, 1935.

Dated the 6th day of June, 1935.

HASTINGS & CO., Solicitors for the parties.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line,

Chinese, per Character,

Repetitions,

$18.00

10.00

6.00

$1.00 for let $0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

In the Matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The foo Tin Restaurant

Limited.

AT an Extraordinary General Meeting of

the aborenamed Company, duly conven- ed, and held at No. 318 Des Voux Road Cen- tral. Victoria, in the Colony of Hong Kong, on the 11th day of June, 1935, the following Extraordinary Resolution was duly passed :-

"That it has been proved to the satis- faction of this Meeting that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily."

And at a Meeting of Creditors of the above Company duly convened and held on the above date and at the said place the above resolution

was duly confirmed and Chau Ling()

   of No. 34 New Western Market, Victoria. in the Colony of Hong Kong, Kwok Lam (

of No. 134 Bonham Strand East, Vic- toria aforesaid, Ho Ming Chau

[n])

of No. 5 New Western Market, Victoria afore-

said, Kwan Hee () of No. 82 Bonham

Strand East, Victoria aforesaid and Ko Cho

Hang () of No. 320 Des Vœux

Road Central, Victoria aforesaid, all Mer- chants, were appointed Liquidators for the purposes of the winding up.

Dated the 13th day of June, 1935.

郭小宇

(KWOK SIU YUE)

Chairman.

ORDINANCES FOR 1934.

BOUND

OUND volumes of Ordinances of Hong Kong, including Pro- clamations. Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

(FILE No. 215 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Hong

Kong Import and Export Company, of 7th floor, China Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents, have on the 22nd day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

EAGLE

M

BRAND

NE 999

GERMANY

in the name of The Hong Kong Import and Export Company, who claim to be the proprie- tors thereof.

This Trade Mark has been used by the Class 12 and is intended to be used forthwith applicants in respect of Safety Razor Blades in

by the applicants in respect of Safety Razors in Class 12.

Registration of this Mark shall give no right to the exclusive use of the abbreviation and figures "No. 999" appearing thereon.

Dated the 14th day of June 1935.

THE HONG KONG IMPORT AND EXPORT COMPANY China Building, Hong Kong. Applicants.

(FILE No. 155 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Sun

Shing Tai Firm, *) 成泰)

of No. 9 Kwong Yuen Street East, Hong Kong, has, by an application dated the 4th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

JOLLETSOAP

PEONY

皂香貴富

麻熷製玲芬

(FILE NO. 154 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Yung Wing Hong trading as Cheong Sin Tong, of No. 2, Mee Lun Street, Victoria, in the Colony of Hong Kong, has on the 4th day of April, 1935, applied for the registration in long

Kong, in the Register of Trade Marks, of the following Trade Mark :-

城鳳

堂善昌

連理樹

丸腎補宮安

in the name of Yung Wing Hong trading as

Cheong Sin Tong, who claims to be the pro- prietor thereof.

The Tr

Mark is intended to be used by the Applicant in Class 3 in respect of Medicat- ed Pills.

Registration of this Trade Mark shall give

no right to the exclusive use of the Chinese Characters

"C

昌善堂"

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

and of the undersigned.

Dated the 12th day of April, 1935.

DENNYS & CO.,

Solicitors for the Applicant,

No. 8A, Des Voeux Road Central,

Hong Kong.

(FILE No. 153 OF 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The China Rodum Chemical Works of No. 370, Nathan Road, Kowloon, Hong Kong, and of No. 56, Tai Ping Road South, Canton in the Province of Kwong Tung, China, have on the 4th day of April, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BODUM

TRADE P

- . ...... ..... . --- -

Trade and Shipping Returns for the month of April, 1935.

OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

in the name of the said Sun Shing Tai Firm, who claims to be the proprietor thereof.

The said Trade Mark has been used by the

applicant in respect of Perfumed Soap in

Class 48.

Registration of the said Trade Mark is limit- ed to the colours as shown on the specimen attached to the form of application for regis- tration.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

CHINA RODU

MARK

CHEMICAL WORK

in the name of The China Rodum Chemical Works who claim to be the proprietors thereof. The Trade Mark has not hitherto been used by The China Rodum Chemical Works but it is their intention so to use the same forthwith in respect of Patent Medicines and Medicated Articles in Class 3.

Representations of the said Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks of Hong Kong.

Dated the 12th day of April, 1935.

THE CHINA RODUM CHEMICAL WORKS,

Applicants.

1394

(FILE No. 150 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Handelmaats-

chappij Fussell & Co., N. V. (a Company

registered under the laws of Holland), of 15,

(FILE NO. 147 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

Piekstraat, Rotterdam, Holland: Merchants NOTICE is hereby given that Hing Ah and Company, of No. 5, Hing

have by an application dated the 17th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark:-

LIGHTHOUSE

BRAND

Loong Street, Victoria, in the Colony of Hong Kong, have, on the 28th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(3)

in the name of Handelmaatschappij Fussell &

Co., N. V., who claim to be the proprietors thereof.

     The Trade Mark has been used by the Ap- plicants in respect of Condensed Milk since January, 1929. It is intended to be used forth- with by the Applicants in respect of Milk, whe- ther fresh, sterilised, preserved or condensed; milk food or lacteous farina; milk powder, dried milk, skimmed milk, malted milk, cream, sterilised cream, and food preparations contain- ing milk in Class 42.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

☆興港香

司公立

(YAC)

TRADE MARK

子應嘉核無

KAYING TSE

HINGAHCO

HONG KONG.

CHINA

HING,

AH

玩意如 YUELY FOLIVE 発五街隆興琢中港香

TEM

5 HING LUNG STREET HONG KONGCHINA

(2)

(FILE No. 126 or 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Ping

       Sing Knitting Company Limited, of Nos. 90 to 98 Cheungshawan Road. Shamshui- po, Hong Kong, have, by an application dated the 20th day of March, 1935, applied for the registration in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark :-

標商明孔!!

in the name of the said Ping Sing Knitting Company Limited, who claim to be the pro- prietors thereof.

The said Trade Mark is intended to be used by the applicants forthwith in respect of Hosiery and Singlets in Class 38.

Dated the 12th day of April, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Un T-

HING AH & Co..

CHANPEEMOY

TRADE MARK

梅皮陳製精司公亞與

# # **

四零零三二話電牌門號五街隆興港香

外城龍九廠造製

HONGKONG CANTON & SHANGHAI, CHINA

in the name of Hing Ah and Company, who claim to be the proprietors thereof.

The Trade Marks Nos. (1) and (2) have been used by the Applicants in respect of substances used as food or as ingredients in food in Class 42 and the Trade Mark No. (3) has been used by the Applicants in respect of substances used as food or as ingredients in food other than lives fresh or preserved or of any fruits sim ar in appearance to olives and other than milk fresh and or condensed in Class 42.

The Trade Marks Nos. (1) and (2) are associated with each other and with Trade Marks Nos. 338 of 1924 10 of 1927 to 12 of 1927 and 73 ¡ of 1932.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of April, 1935.

DENNYS & CO, Solicitors for the Applicants, No. 8A, Des Voeux Road Central,

TX

TT

7

>

J

I

(FILE No. 161 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Nam Wah

NOT

Company (南華公司),

of No. 78, Yen Chow Street, 2nd floor, Sham- shuipo, in the Colony of Hong Kong, preservers

  of and dealers in melon seeds, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

N

1395

(FILE No. 120 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kam Loong Knitting Factory, of No. 31, Wong Chuk Street, (1st floor), Kowloon, Hong Kong, have on the 29th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

品出做龍金

in the name of

an

學生衛製

註:

爽潔甘香 美味可口

EHO ROHO

Nam Wah Company

(

A), who claim to be the proprietors

thereof.

The said Trade Mark has been used by the Applicants since April, 1934, in respect of melon seeds in Class 42.

Registration of this Mark shall give no right to the exclusive use of the representations of a melon and melon leaves and of the Chinese

66

上線

DRAGON HEAD

MADE IN HONG KONG

龍頭咳

CH

in the name of Kam Loong Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark has not been used by the Applicants in respect of Singlets in Class 38.

A Facsimile of such Trade Mark can be seen at the offices of the Regis- trar of Trade Mark of Hong Kong and of the undersigned. Registration of this mark shall give no right to the exclusive use of the Chinese Characters

Characters 南華' save as shown on).

the monogram of the said mark.

Facsimiles of the said mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and of the undersigned.

Dated the 10th day of May, 1935.

LYSON AND HALL, Solicitors for the Applicants,

No. 6, Queen's Road Central,

Iong Kong. .

Dated the 22nd day of March, 1935.

KAM LOONG KNITTING FACTORY, No. 31, Wong Chuk Street, (1st floor),

Kowloon, Hong Kong, Applicants.

PRINTED ANd Published BY NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

1398

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 179.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America,

including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

21st June, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

*

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY,

Notice of Intended Dividend,

No. 15 of 1934.

1399

In the Matter of The Companies Ordin

ance, 1932.

and

In the Matter of The On Hing Company,

Limited.

(IN VOLUNTARY LIQUIDATION).

(FILE No. 159 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

Re The Hung Cheong Pawn Brokers, of NOTICE is hereby given that the Creditors NOTICE is hereby given that The Eastern

No. 2, Ko Shing Street, Victoria, in the Colony of Hong Kong.

FIRST and final dividend is intended to

be declared in this matter.

   Creditors who have not proved their debts by the 23rd day of July, 1935, will be ex- cluded.

Dated the 21st day of June, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of William James Shenton late of Watson's Soda Water Factory Pak Hin Hok, Canton, in the Republic of China, deceased.

NOTICE is hereby given that the Court

has by virtue of the provisions of Sec-

tion 58 of Ordinance No. 2 of 1897 made an

order limiting the time for creditors and others

to send in their claims against the above estate

to the 15th day of July, 1935.

All Creditors and others are accordingly

of the above-named Company which is being voluntarily wound up, are required, on or before the 6th day of July, 1935, being the day for that purpose fixed by the under- signed, Liquidators of the said Company, to send in their names and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors, if any, to the Liquidators' office No. 10, Hing Lung Street, Victoria, Hong Kong, and, if so required by Notice in writing from the undersigned Liquidators, are by their solicitors to come in and prove their said debts or claims at such time or place as shall be specified in such Notice, or in default thereof they will be

excluded from the benefit of any distribution made before such debts are proved.

Trading Company of Bank of China Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents, have on the 9th day of April, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following two Trade Marks :-

(1)

TRADE

MARK

初瓊李

Dated the 21st day of June, 1935.

民福關 泉沛崔 馨柏陳

Liquidators.

白告明聲

hereby required to send their claims to the+-EZDHRñ ± 4

undersigned on or before that date.

Dated this 17th day of June, 1935.

DEACONS,

Solicitors for the Administrator, 1, Des Voeux Road Central, Hong Kong.

NOTICE OF TRANSFER

IN pursuance of Section 3 of the Fraudulent

Transfers of Businesses Ordinance No. 25

of 1923, Notice is hereby given that Wong

Wa Yiu () Wong Wa Kwok (黃華國) and Chiu Chi San(趙

hitherto carrying on business under the style or firm name of the Wing Tai firm

(永泰押) at No. 83, Kweilin Street,

Shamshuipo pawn brokers (hereinafter called "the Transferrers") have entered into an agreement for the sale of the business of the said Wing Tai Pawnshop, together with its good will, furniture and fixtures to the Yik

Kee firm() of No. 49, Bonham

   Strand East, (ground floor), (hereinafter called "the Transferees"). The Transferrees intend to continue the said business at No. 83, Kweilin Street aforesaid and shall not assume any of the liabilities incurred by the Transferrers in connection with the said business.

Dated the 21st day of June, 1935.

(黃華堯),(黃華國),

WONG WA YIU, WONG WA KWOK AND CHIU CHI SAN,

(趙次山),

Transferrers,

THE YIK KEE FIRM,

(氚記號),

Transferrees.

·與公個註該號百式生啓 國九關司月册票股股五向者 康三碧定後章遺票經一占做 元五池必無程失為發至有公 製年先另人登故據給一本司 罐六生行出報特今華四公股 廠月收發而聲遵經字五司東 有十執給明照關第零股關 BR

FLYING HORSE BRAND

商標

FREE

(2)

TRADE

MARK

M

FLAG BRAND

旗球老

in the name of The Eastern Trading Company

who claim to be the sole proprietors thereof.

The two Trade Marks have not hitherto been

used by The Eastern Trading Company in respect it is their intention so to use forthwith the

of the goods mentioned in their applications but

RVAZNFlying Horse" trade mark in respect of Shoes 票本壹司報問式一先 respect of Straw Board and Paper in Class 39.

Class 38. and the "Flag trade mark in

(FILE No. 494 or 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The China

Import and Export Lumber Company, Limited, of Lot No. 90, To Kwa Wan, Kowloon, in the Colony of Hong Kong, have on the 4th day of December, 1934, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRADE

A

MARK

Registration of the "Flag" trade mark shall

give no right to the exclusive use of the letter 'M" appearing thereon.

Dated the 19th day of April, 1935.

THE EASTERN TRADING CO.,

Applicants.

NOW READY

STREET INDEX

Twenty-Third Edition

in the name of The China Import and Export REVISED Edition, which includes

Lumber Company, Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants for the past 15 years in respect to Lumber in Class 50.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 21st day of June, 1935.

THE CHINA IMPORT AND EXPORT LUMBER COMPANY, LIMITED,

Lot No. 90, To Kwa Wan,

Kowloon.

1935.

all alterations up to February,

Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

PER

Price $50 COPY

obtainable at

NORONHA & CO.

(FILE No. 225 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

1400

(FILE No. 243 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE NO. 115 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark,

OTICE is hereby given that Yu Tit Hon

Chak Wan Tong, of No. 41, Connaught NOTICE is hereby given that the Lepack trading as the Allan

Road Central, (2nd floor), Victoria, in the Colony of Hong Kong, have on the 30th day of May, 1935, applied for the registration in Hong Kong, in the Register Trade Marks, of of the following Trade Mark :-

Hong Kong, have on the 7th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

行洋百利

Drug Company of No. 316 Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 8th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark namely:-

Lightning Brand

選辦上等

歐洲洋

in the name of the Cheng Chak Wan Tong,

who claims to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Sub- stances used as Chinese Medicine, in Class 3.

Dated the 21st day of June, 1935.

DENNYS & CO., Solicitors for the Applicants,

The National Bank Building,

Hong Kong.

(FILE No. 172 OF 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Tien Yien

Foodstuff Chemical Works (

of No. 52, New Market

牌駝駱

in the name of the Lepack Company, who claim to be the proprietors thereof.

Such Trade Mark has not been used by the Lepack Company, in respect of the goods mentioned in their application but it is their intention to use it forthwith, in respect of Paper in Class 39.

Registration of this Trade Mark shall give no right to the exclusive use of the word "LEPACK".

Dated the 21st day of June, 1935.

THE LEPACK COMPANY, York Building, Hong Kong,

Applicants.

(FILE No. 157 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Fong Tin San

Street, Hong Kong, have, by an application NE) Agent for the Fong

dated the 25th day of April, 1935, applied for the registration, in Hong Kong, in the Register

of Trade Marks, of the following Trade Mark:-

王中味(

LE CHUNGWONG!!

SUNG-LONGI HAR

PRE COMMER DERES

PERCALLY & BELANGILET

vontades made of Sodom

glutamate, te manufactured

from clad in Comba

what by darn chamaen

presa. A pak of his han

L

歌真相典

轟味湯惠

vish manning poteka vklad

*歌国

to feed l we had tammady

while making in motitions and

medy familia. What hap

Fook Tai firm

of No. 99,

Des Voeux Road West, Victoria, in the Colony of Hong Kong, Tea Merchants, have, on the 6th day of April, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

閃電牌

in the name of the said Yu Tit Hon trading as the Allan Drug Company, who claims to be the sole proprietor thereof.

The Trade Mark is intended to be used by the applicant in Class 3 in respect of Chemical substances prepared for use in medicine and pharmacy.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 15th day of May, 1935.

P. H. SẢN & CO., Solicitors for the Applicant, Asia Life Building, Hong Kong.

(FILE No. 171 OF 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Brighty

Battery Company of No. 805, Canton Road, Kowloon, has on the 24th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following two Trade Marks:-

(1)

BRIGHTY

NO. 599

TRADE

MARK.

FLASHLIGHT BATTERY BRIGHTY BATTERY CO.

MADE IN HONGKONG CHINA

TIEN YIEN

FARSTAT DENGA VIDA

БУМАСТИВ

day in tan dan petatarsal der ve

TIEN YIEN

A

KILL

服务畛雪

PRODUTOS SKA VAREN.

嚴粉味然天鷹

***

NO.2

HAPA

標高福籔

苟福萬

(2)

NO.590

TRADE MARK -

in the name of the said Tien Yien Foodstuff in the name of Fong Fook Tai Firm,

Chemical Works, who claim to be the proprie-) who claim to be the so

tress thereof.

      The Trade Mark has been used by the Ap- plicants in respect of seasoning powder, in Class 42.

       Registration of the Trade Mark shall give no right to the exclusive use of the Chinese

proprietors thereof.

The said Trade Mark is intended to be used by the applicant in Class 42 in respect of

Hangchow China Lung Tsing Tea"

<<

Characters (王中味) and the English 州龍井茶)

phonetic equivalent "Me Chung Wong" the

representation of cash, and of the abbreviation

and figures No. 2 and the Chinese Charac-

ters() appearing thereon.

Dated the 17th day of May, 1935.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicant,

St. George's Building, Hong Kong.

The applicant disclaims the right to the

exclusive use of the Chinese characters

福泰杭州龍井茶)

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 17th day of May, 1935.

D'ALMADA & MASON, Solicitors for the Applicant,

33, Queen's Road Central,

Hong Kong.

MANUFACTURED BY KWONGMING BATTERY

in the name of Brighty Battery Company, who claims to be the sole proprietor thereof.

The Trade Marks are intended to be used forthwith by the applicant in Class 8 in respect of Flash Light Batteries.

66

66

19

Registration of the B. B. Co." monogram mark shall give no right to the exclusive use of the word "Brighty" and of the abbreviation and figures "No. 599 " appearing thereon.

Registration of the Building mark shall give no right to the exclusive use of the word Brighty "the letters KM in combination or separately and of the abbreviation and figures "No. 590" appearing thereon.

66

ff

Dated the 17th day of May, 1935.

BRIGHTY BATTERY COMPANY,

Applicant.

(FILE Nos. 327 OF 1933 AND 127 of 1935).

TRADE MARKS "ORDINANCE 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Kian, Gwan

Company, India, Limited, a Company

1401

(FILE No. 160 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration ofi

N

a Trade Mark.

OTICE is hereby given, that Tai Yuet

Po(戴月波) Sole Proprie- tor of the Lee on Foreign firm (

incorporated under the laws of British India,) of No. 129, Queen's Road Central,

and having a Branch Office at Pedder Building, Pedder Street, Victoria, Hong Kong, have on the 19th day of July, 1933 and 25th March, 1935, applied for registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Marks, Nos. 1 and 2 respectively:-

(1)

Victoria, in the Colony of Hong Kong, Merchant, has on the 11th day of April, 1935, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

【貴富大行洋安利

(FILE Nos. 506 AND 523 OF 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that The General Electric Company Limited of Magnet House, Kingsway, London, W.C. 2, England, Manufacturing Electrical Engineers, have on the 27th day of September, 1934, and the 19th day of November, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

QUALITY GUARANTEED TJAP

(15

TRADE MARK

Limolas

"DEI-TIONG-HAM"-CONCERN SPECIALLY MADE FOR KIAN GWAN.

MADE IN HONG KONG

(2)

DAISY

花錢

in the name of Kian Gwan Company, India, Limited, who claim to be the proprietors thereof.

     The Trade Mark No. 1 has been used by the Applicants since 1st January, 1933, in respect of the following goods :-

Electric Batteries, in Class 8.

and

     Trade Mark No. 2 has been used by the Applicants since January, 1931, in respect of the following goods :-

Tapioca Flour, in Class 42.

The registration of Mark No. 1 hall give no right to the exclusive use of the figures "15", and the Applicants undertake not to use this mark in the colours red, white and blue.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

in the name of Tai Yuet Po, who claim to be the sole proprietor thereof.

The said Trade Mark is intended to be used. by the Applicant in Class 34, in respect of cloths and stuffs of wool.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of April, 1935.

N

D'ALMADA & MASON, Solicitors for the Applicant, No. 33, Queen's Road Central,

Hong Kong.

(FILE NO. 148 of 1935), TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Nam Tai Company, of No. 18, Bonham Strand West, Victoria, in the Colony of Hong Kong, have on the 1st day of April, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

LIBERTY BRAND

自由神牌

商標

TRADE MARK

in the name of the Nam Tai Company, who claim to be the proprietors thereof.

The Trade M rk has been used by the Ap- plicants since March, 1934, in respect of the following goods :-

Kerosene, Gasolene and Fuel Oil, in

Class 47.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

OSRAM

OSRAM

(2)

OSIRA

in the name of The General Electric Company Limited, who claim to be the sole proprietors thereof.

19

The "Osram Trade Mark in the form ap- pearing above has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Electric Incandescent Lamps, in Class

13.

"C

The Osira" Trade Mark has been used by the Applicants in respect of :-

Electric discharge lamps, electric high pressure mercury lamps, electric incandescent lamps and fittings for electric light, in Class 13,

The Applicants disclaim the right to the exclusive use of the representation of an elec-

tric bulb appearing in the

Mark.

19

16 Osram Trade

The said Trade Marks are to be associated

with Trade Mark No. 325 of 1919 and with

each other.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of April, 1935.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central,

Hong Kong.

1402

(FILE No. 158 OF 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Shing Cheong Tai Firm of No. 173 Wing Lok Street, Victoria, in the Colony of Hong Kong, have on the

9th day of April, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :----

無認勢不能

1.品改精露香直設本

尤用成

見科鯖酒冬沽天廠

生變助

標商

店 謹記

旗諸

啟酒 商君

悞標請賜

宜歷

洵久

善新足各造 且法近

盡學出料菜專津開

in the name of The Shing Cheong Tai Firm, who claim to be the prorietors

thereof.

The Trade Mark has been used by the Applicants since April, 1930' in respect of the following goods :-

Preserved vegetable, in Class 42.

The registration of this Mark shall give no right to the exclusive use of the Chinese Characters for "National Ensign" and of the two flags appearing on the mark save in the exact position as shown on the mark entwined with a tassel.

Dated the 18th day of April, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1

1404

LEGISLATIVE COUNCIL.

No. S. 180.-The following Bill was read a first time at a meeting of the Council held on the 27th June, 1935:-

[No. 24:-29.5.35.-1.]

Short title.

Appropria-

tion.

A BILL

INTITULED

An Ordinance to authorize the Appropriation of a Supple- mentary Sum of Six hundred and thirty five thousand four hundred and forty two Dollars and twenty seven Cents to defray the Charges of the year 1934.

WHEREAS it has become necessary to make further pro- vision for the public service of the Colony for the year 1934, in addition to the charge upon the revenue of the Colony for the service of the said year already provided for:

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the (1934 Supple- mentary) Appropriation Ordinance, 1935.

2. A sum of Six hundred and thirty five thousand four hundred and forty two Dollars and twenty seven Cents is hereby charged upon the revenue of the Colony for the service of the year 1934, the said sum so charged being expended as hereinafter specified; that is to say:-

Magistracy, Hong Kong Magistracy, Kowloon

Miscellaneous Services

Public Works Extraordinary

$ 6,703.85

4,138.99 432,383.92

192,215.51

Total

$635,442.27

4

1405

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 181.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

28th June, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

MAGISTRACY.

LICENSING SESSIONS.

  No. S. 182. It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Friday, the 5th day of July, 1935, at 12 noon, at which the following application will be considered under the Liquors Ordinance, 1931:-

No.

Name of Applicant.

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant has held a licence of the same kind to sell liquor in the Colony and, if so, for how long.

1

Edmund Herbert Patrick White.

Publican's Licence.

Repulse Bay "Lido".

R.B.L. 368, Repulse Bay.

New application.

27th June, 1935.

S. F. BALFOUr,

Secretary to the Licensing Board.

1406

HARBOUR DEPARTMENT.

No. S. 183.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to G.P.O. 1", will be received at the Colonial Secretary's Office until Noon of Friday, the 5th day of July, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

   The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

25th June, 1935.

G. F. HOLE,

Harbour Master.

HARBOUR Department.

   No. S. 184.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to "Clayton Barge"", will be received at the Colonial Secretary's Office until Noon of Friday, the 12th day of July, 1935.

   A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

   The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the barge to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until end including the date of due completion of the work.

24th June, 1935.

G. F. HOLE,

Harbour Master, &c.

1407

HARBOUR DEPARTMENT.

No. S. 185.-Sealed tenders in quintuplicate which should be clearly marked "Tenders for supply of 3 Launch Mooring Buoys" will be received at the Colonial Secretary's Office until noon of Friday, 19th July, 1935.

Specifications and plans can be seen at the office of the Government Marine

Surveyor.

  On completion the buoys are to be delivered and landed at the Government Slipway, Yaumati.

  Time allowed for completion and delivery to be three months from date of notifica- tion of acceptance of Tender.

The Government does not bind itself to accept the lowest or any tender and reserves to itself the option of accepting all or any part of the tender.

27th June, 1935.

G. F. HOLE,

Harbour Master, &c.

A

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notices of Dividend Declared.

No. 21 of 1932.

Re Gregorio Maria Xavier, cf No. 334, Hennessy Road, (top floor), Victoria, in the Colony of Hong Kong, Clerk.

SECOND and final dividend of $26.00 per cent has been declared in the above-

matter.

NO

OTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 2nd day of July, 1935, between the hours of 10 a.m. and + p.m. and on any sub- sequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 22 of 1932.

Re Leung Shiu Tak. of No. 13, Hill Road, (second floor), Victoria, in the Colony of Hong Kong, Clerk.

A SECOND and final dividend of $32.00

cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

       mentioned dividend may be received at the Offical Receiver's ffice, Victoria, aforesaid on the 2nd day of July, 1935, between the

1408

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

19

In the Goods of Ernest Plumer Hanson late of "Tudor Lodge Herstmon- in the County of Sussex, England, Gentleman, deceased.

ceux

NOTICE is hereby given that the Court has

by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 24th day of July, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 28th day of June, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building, Ice House Street, Hong Kong.

NOTICE.

OTICE is hereby given that the Partner-

Lee Yeung() of No. 83, Lock-

hart Road, Victoria, in the Colony of Hong Kong, Trader (hereinafter called the Retiring

Partner) and Yau Suet Ying ()

of No. 87, Lockhart Road, (ground floor), Victoria aforesaid Married Woman, (herein- after called the Continuing Partner) carrying on business under the style or firm name of the of No. 87,

hours of 10 a.m. and 4 p.m. and on any sub- Sang Lung firm (4)

sequent day during office hours.

    Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form,

No. 23 of 1932.

Re Mak On Tai of No. 403 Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

A SECOND and final dividend of $22.00

matter.

cent has been declared in the above-

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 2nd day of July, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

    Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 28th day of June, 1935.

JAMES J. HAYDEN,

Offcial Receiver.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 8 or 1932.

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), Kowloon, in the Colony of Hong Kong, clerk.

NOTICE is hereby given that the Court has appointed 17th day of July, 1935, at 10 o'clock in the forenoon, for hearing the appli- cation for discharge of the above-named debtor.

Dated the 28th day of June, 1935.

JAMES J. HAYDEN,

Official Receiver

Lockhart Road, (ground floor), Grocers has been dissolved so far as the above named Retiring Partner who has retired from the said firm.

Notice is hereby further given that the Continuing Partner alone and no other person is authorized to enter into any contract create any liability or incur any obligation on behalf of the said firm.

Dated the 24th day of June, 1935.

or

D'ALMADA & MASON, Solicitors for the Continuing Partner.

In the Matter of the Companies Ordin-

ances 1932,

and

In the Matter of The Hong Kong Flying

Club.

(IN VOLUNTARY Liquidat on).

OTICE is hereby given pursuant

to

Section 225 of the Companies Ordin- ance 1932, that a Meeting of the Members of the above Club will be held at the offices of Messrs. Lowe, Bingham & Matthews, Mercantile Bank Building, Hong Kong, on Wednesday, 7th August, 1935, at 12 o'clock noon, for the purpose of receiving the final Report and Accounts of the Joint Liquidators.

Dated this 28th day of June, 1935.

E. M. BRYDEN, C.A.

Joint Liquidator.

ORDINANCES FOR 1934.

BOUND volumes of Ordinances of

Hong Kong, including Pro- clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready. Price per volume: $3

NORONHA & CO.

18, Ice House Street.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Edwin Frederick Stovell, late of 5, Douro Terrace in the Island of Jersey, Channel Islands, formerly of 1 Claremont Rouge St. Helier, Island of Jersey, Gentleman, deceased.

NOTICE is hereby given that the Court

has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 24th day of July, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 26 day of June, 1935.

DEACONS,

Solicitors for Frederick George Vincent Stovell one the Executors,

1, Des Vœux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of George Montagu Harston, late of 16, Colinette Road, Putney, in the United Kingdom, Medical Practitioner deceased.

OTICE is hereby given that the Court has,

N by virtue of the provisions of Section

58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 24th July, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 26th day of June, 1935.

DEACONS,

Solicitors for the Executrix,

1, Des Voeux Road Central,

Hong Kong.

In the Matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The Hoo Tin Restaurant

Limited.

(IN LIQUIDATION)

NOTICE is hereby given that the Creditors

of the above-named Company which is being voluntarily wound up, are required, on or before the 17th day of July, 1935, being the day for that purpose fixed by Chau Ling, Kwok Lam, Ho Ming Chau, Kwan Hee and Ko Cho Hang, the liquidators of the said Company, to send their names and addresses, and the particulars of their debts or claims, and the addresses of their solicitors, if any, to the under- signed, and, if so required by notice in writing from the said Liquidators, are to come in and prove their said debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 26th day of June, 1935.

GEO. K. HALL BRUTTON & CO.

St. George's Building, Hong Kong.

Solicitors for the abovenazed Liquidators.

N

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Shige Nishioka late of No. 49 Haiphong Road, 1st floor, in the Dependency of Kowloon and Colony of Hong Kong, Spinster, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 18th day of July, 1935.

    All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 28th day of June, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building,

Hong Kong.

1409

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Mrs. Catherine Niven Byres late of 44 Ashley Road, Aberdeen in Scotland, Widow de- ceased.

NOTICE is hereby given that the Court

has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 18th day of July, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 28th day of June, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Trustee and Executrix, Prince's Building, Ice House Street, Hong Kong.

(FILE No. 248 of 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for the Registration of a Trade Mark.

NOTICE is hereby given that Vince Laboratories Incorporated of No. 113

W. 18th Street, New York in the United States of America, have on

the 15th day of June, 1935, applied for registration of the following Trade Mark:

--

(FILE No. 2 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Sin Shun Shanghai Street, Yaumati, Kowloon, Hong Kong, has on the 2nd of January, of 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

N trading as Tai Seng Kung of 323

商標 真像為記

公⁑聲⁑大

茶眾濟

DIRECTIONS

As a mouthwash or gargle, dissolve ona Jecspoonful of Vince in a half glass of warm werter. Rinse the mouth thoroughly, forcing #quid between faath. Repeal several times daily - Pallow your dentist's or physician's pisections.

VINCE LABORATONES, PIC

LABORATORI

14153 7

10

VINCE

FOR MOUTH HYGIENE

EFFECTIVE REFRESHING

FOR USE AS A

DENTIFRICE

Use a soft, moistened, toothbrush. Paur Vince directly on the brush, or, if preferred, inte palm of

hand, and pick up with beh. Aber bevsking tooth and gumi ringa mauth thoroughly. Use a hard

brush for daniel plates.

For other somask your dentist or physician.

KEEP CAN CLOSED

VEOL AN 800 FOOD

ALS MEN

LEN "ZO 8 SINEIND

VINCE

NG DIF

FOR MOUTH HYGIENE

EFFECTIVE REFRESHING

THE COMBINED ANTISEPTIC DENTIFRICE AND MOUTHWASH

in the name of Sin Shun trading as Tai Seng Kung, who claims to be the proprietor thereof.

Such trade mark has not hitherto been used by him in respect of the goods mentioned in his application but it is his intention so to use it forthwith in respect of Medicated Tea in Class 3.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Mark of Hong Kong and of the undersigned.

Registration of this mark shall give no right to the exclusive use of the Chinese characters

"

""

appearing thereon.

Dated the 28th day of June, 1935.

TAI SENG KUNG,

323 Shanghai Street, Kowloon, Applicant.

MADE IN USA

REV, 1934-

THE COMBINED ANTISEPTIC DENTIPRICE AND MOUTHWASH

in the name of the said Vince Laboratories Incorporated, who claim to be the

sole proprietors thereof.

     The mark has been used by the Applicants since 1933 in respect of dentifrice in Class 48.

The applicants disclaim the right to the exclusive use of all the words

and numerals appearing on the mark with the exception of the word " Vince"

and the applicants' name.

Facsimiles of the mark may be seen at the offices of the Registrar of

the undersigned.

Dated the 28th day of June, 1935.

WILKINSON & GRIST,

Solicitors for the Applicants, 2 Queen's Road Central, Hong Kong.

乙此等貨酒樓月格家

週情項家交廿按酒有者 年知槪揭有易一櫃家限本 五此與項限清日貨全公酒 月佈本或楚在物盆司家 銀ㄝ 酒有司日布等傢收經 龍六家所前律項私盆向 酒日 無轕有該端經裝人豪 家 涉未欠豪狀於修買天 特清人天師五間受酒

1410

(FILE No. 239 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Eight Trade Marks.

NOTICE is hereby given that Standard-Vacuum Oil Company, of 100 West

10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broadway, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong, have on the 28th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

(1)

SURETT

(3)

(FILE No. 258 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Hong

Kong Rubber Manufactory Limited whose registered office is situate at No. 41 Belchers Street, Kennedy Town, in the Colony of Hong Kong, have, on the 24th day of June, 1935, applied for registration in Hong Kong, in the register of Trade marks in Class 38 in respect of rubber shoes, of the following Trade Mark:-

Trade

Mark

British Empire Made.

MARINEX

;

(5)

(2)

KUBOLA

(4)

MARMAX

TELO-MAR

(6)

CYLO-MAR

(7)

ZERO-MAR

(8)

ESSO-MAR

in the name of Standard-Vacuum Oil Company, who claim to be the proprie- tors thereof.

      Marks Nos. (3) and (4) are associated with each other; (5), (6), (7) and (8) are associated with one another, and (8) is also associated with Nos. 89, 90, 91, and 92 of 1935.

The above marks have not hitherto been used by the applicants but it is their intention to use them in respect of Petroleum and products of petro- leum with or without admixture of other materials and in particular, lubricat- ing oils and greases in Class 47.

Dated the 28th day of June, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY, Asst. General Manager.

in the name of Hong Kong Rubber Manufactory Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since June, 1935.

Dated the 28th day of June, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 218 of 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Chung

Wo Knitting Company, of Nos. 12, 14 and 16, Fuk Chuen Street, Taikok tsui, Hong Kong, Knitting Manufacturers, have on the 23rd day of May, 1934, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CHUNG WO KNITTING

職業織和中

pany, who claim to be the proprietors thereof. in the name of The Chung Wo Knitting Com-

The Trade Mark has been used by The Chung Wo Knitting Company in respect of singlets in Class 38 and is intended to be used by The Chung Wo Knitting Company in respect of hosiery in Class 38.

Registration of this Mark shall give no right to the exclusive use of the words "Chung Wo" in English and Chinese.

Dated the 28th day of June, 1935,

THE CHUNG WO KNITTING CO.

Applicants.

1411

(FILE No. 201 OF 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four Trade Marks.

NOTICE is hereby given that Morinaga Rennyn Kaisha, Limited, (Morinaga Condensed Milk Co., Ltd). of No.

12, 1 chome Tamachi Shiba-ku, Tokio, Japan, on the 9th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

TRADE

MARK

(1)

NET WEIGHT 450 Grs.

HREE STAR

MILK POWDER

THE NATURAL

MILK FOOD

for INFANTS AND INVALID,

( 3 )

AEROPLANE

TRADE

MARK

(2)

MARK

IPE HA

FOOK SAU BRAND

TRADE

F

(4)

FULL CREAM

SWEETENED CONDENSED MILK

NET WEIGHT 14OZS

WULOO BRAND

TRADE

MARK

A

UNSWEETENED

STERILIZED EVAPORATED

MILK

Net weight

14 ozs.

Air's

MACHINE SKIMMED

SWEETENED CONDENSED MILK

NET WEIGHT 14OZS

in the name of the said Morinaga Renny u Kaisha, Limited (Morinaga Condensed Milk Co., Ltd), who claim to be. the proprietors thereof.

The following Trade Marks are intended to be used by the Applicants as follows:-

1.

M

Three Star" in respect of Milk Powder in Class 42.

2.

66

3.

Fook San Brand "in respect of Condensed Milk in Class 42. "Aeroplane" in respect of Canned Milk in Class 42.

66

4. Wu Loo Brand" in respect of Condensed Milk in Class 42.

Dated the 28th day of June, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, Hong Kong

(FILE No. 210 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Abbas Khan

        and Company, of No. 61, Hollywood Road, Victoria, in the Colony of Hong Kong, Provision Dealers, have on the 15th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:---

BEST

QUALITY

SOLDIER BRAND

1412

(FILE No. 216 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

TICE is hereby given that Cheung Ka

NOTICE

Chai Firm) of No. 164, Wing Lok Street, West, (ground floor). Victoria, in the Colony of Hong Kong, General Merchants, on the 22ud day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

(FILE No. 196 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Sam Wo

Hing & Company, Limited, of No. 21, Queens Street, Victoria, in the Colony of Hong Kong, have on the 1st day of May, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Mark viz:-

بڑی احتیاط لیے لکھی کو گرم کر کے بتایا گیا۔ چنے

PURE GHEE- PREPARED FOR

ABBAS KHAN & Co.

HONG KONG

in the name of Abbas Khan and Company, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in Class 42 in respect of Ghee (Clarified butter) since April, 1935.

Dated the 31st day of May,

1935.

A. EL ARCULLI, Solicitor for the Applicants, No. 10. Ice House Street, Hong Kong.

(FILE No. 87 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Ngai Sang Knitting Company, Limited, of Nos. 36-44 Nullah Road, Kowloon, in the Colony of Hong Kong, have on the 27th day of February, 1935, applied for the registration in Hong Kong,

in the Register of Trade Marks, of the following Trade Marks viz:-

(1)

造織生藝港香

NGAI SANG KNITTING CO.LTD,

MOTOR CAR BRAND

車由自

(2)

造織生藝港香

INGAI SANG KNITTING CO.LTD.

牌雁射

in the name of the said Ngai Sang Knitting Company, Limited, who claim to be the pro- prietors thereof.

      The Trade Marks are intended to be used by the Applicants in respect of Singlets in Class 37.

Fac-imiles of the Trade Marks can be seen at at the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 31st day of May, 1935.

NGAI SANG KNITTING CO. LTD.,

Applicants.

THIS GENUINE WINE IS INCOMPARABLY GOOD 70 HEALTH

in the name of Cheung Ka Chai Firm, (IE

thereof.

who claim to be the proprietors

The Trade Mark is intended to be used by the Applicants forthwith in Class 3 in respect of Medicated or medicinal wine and in Class 43 in respect of Medicated or medicinal wine.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

It is hereby stated that Registration of this mark shall give no right to the exclusive use

of the Chinese Characters (張家濟)

appearing thereon.

Dated the 31st day of May, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 203 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N

OTICE is hereby given that The Eastern Trading Company, of Bank of China

Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents, have, on the 10th May, 1935, applied for re- gistration in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark :--

等火柴

WINGED ANCHOR

製厰柴火新商

H

玳鐿商標

in the name of The Eastern Trading Company, who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by The Eastern Trading Company but it is their intention so to use it forthwith in respect of Matches in Class 47.

Registration of this Trade Mark shall give no right to the exclusive use of the medal devices.

Dated the 31st day of May, 1935.

THE EASTERN TRADING COMPANY, Bank of China Building, Hong Kong.

Applicants.

in the name of Sam Wo Hing & Company, Limited, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 12 in respect of Sub- stances used as food, or as ingredient in food.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned. Dated the 31st day of May, 1935.

RUSS & CO., : Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

(FILE Nos. 197 AND 212 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Batten and

Company,A)

of China Building, Victoria, Hong Kong, have, by two applications dated respectively, the 2nd and 18th days of May, 1935, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-.

(1)

3

the

(2)

壽福

牌禄

in the name of the said Batten and Company, who claim to be the proprietors thereof.

Trade Mark No. 1 is intended to be used by the Applicants forthwith in respect of Chemical substances used in manufacturers, photography or philosophical research and anti-corrosives in Class and Trade Mark No. 2 in respect of Milk in Class 42.

Dated the 31st day of May, 1935.

BATTEN AND COMPANY, China Building, Hong Kong, Applicants.

B

(FILE No. 152 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that I. G. Farben-

NOTICES Fio Artion givellschaft of randort

    on Main, Gruneburgplatz, Germany, Manufac- turers have on the 30th day of January, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

1413

(FILE No. 170 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that the Au Siu

Cho Firm, of China Building, Queen's Road Central, Victoria, Hong Kong, has on the 16th day of April, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

TWO LAMBS

(FILE No. 109 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of Four Trade Marks.

OTICE is hereby given that Leung Yau Shing trading as The Kung Hing Firm, of No. 7, Tsung Sau Street East, Victoria, Hong applied for the registration, in Hong Kong, in Kong, has, on the 6th day of March, 1935

the Register of Trade Marks of the following four Trade Marks :-

(1)

SAFETY MATCHES

Tropex

in the name of I. G. Farbenindustrie Aktienge- sellschaft who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :-

Photographic papers in Class 39.

      A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of April, 1935.

DEACONS,

Solicitors for the Applicants,

1, Des Vœux Road Central,

Hong Kong.

in the name of the Au Siu Cho Firm, who

claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 5 in respect of Bamboo steel, Plain Steel, Galvanized sheets and Yellow Metal Sheathing.

Dated the 26th day of April, 1935.

AU SIU CHO,

China Building,

Queen's Road Central,

Hong Kong.

穀監辦興公

(2)

SAFFTY MATCHES

監號興公

(3)

(FILE NO. 164 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby envesellschaft of Grune- OTICE is hereby given that I. G. Farben-

burgplatz, Francfort-on Main, Germany, Manu- facturers have on the ist day of February, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the

following Trade Mark:-

Isopan

(FILE No. 165 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Man

Ngai Knitting Factory, of Nos. 256 and 258, (Second Floors), Kilung Street, Shumshui- po, Kowloon, Hong Kong, Knitting Manufac- turers, have on the 15th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

廠造織藝民

牌魚人美

TRADE

MARK

製鮮獼與公

(4)

THE ROPE BRAND

in the name of I. G. Fabenindustrie Aktienge- sellschaft who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :--

Photographic films sensitized in Class 1.

The said Trade Mark is to be associated with Trade Marks Nos. 317 of 1932 and 30 of 1935.

     A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of April, 1935.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central, Hong Kong.

MAN NGAI KNITTING FACTORY

in the name of The Man Ngai Knitting Factory, who claim to be the sole proprietors thereof.

Such Trade Mark has not been used by The

in the name of the said Leung Yau Shing trad- ing as The Kung Hing Firm, who claims to be the proprietor thereof.

The said Trade Marks are intended to be used forthwith by the Applicant in Class 47 in respect of Matches.

Registration of the above four Trade Marks shall give no right to the exclusive use of the

Man Ngai Knitting Factory, in respect of the Chinese characters (A) "Kung

goods mentioned in their application but it is their intention to use it forthwith in respect of Hosiery and Singlets, in Class 38.

Registration of this trade mark shall give no right to the exclusive use of the firm name in English and Chinese.

Dated the 26th day of April, 1935.

THE MAN NGAI KNITTING FACTORY, Nos. 256 and 258, Kilung Street, (2nd Floors), Shumshuipo, Hong Kong,

Applicants.

Hing Firm ".

Registration of the second Trade Mark, shall give no right to the exclusive use of the

Chinese characters (FX), in com-

bination or separately, except as exactly formed by the device of a rope as shown thereon. The Trade Marks Nos. (1), (2) and (4) are associated with one another.

Dated the 26th day of April, 1935.

A. EL ARCULLI. Solicitor for the Applicant, No. 10, Ice House Street,

Hong Kong.

N

(FILE No. 198 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chan Kam Hon trading as the China Ink Manufac- turing Company of To Kwa Wan, in the Dependency of Kowloon, in the Colony of Hong

Kong, has on the 2nd day of May, 1935, applied

for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark, namely:-

Winged Horse Mark

1414

(FILE No. 166 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby given that The Wong Wing Sing Firm (E) tions all dated the 11th day of April, 1935, applied for the registration in of No. 61, Des Voeux Road West, Hong Kong, have, by five applica- Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

TRADE

MARK

(2)

牌馬飛

in the name of the said Chan Kam Hon trading

as the China Ink Manufacturing Company, who

claims to be the proprietor thereof.

The Trade Mark is intended to be used by

the Applicant in Class 39 in respect of Print-

ing Inks.

Facsimiles of such Trade Mark can be seen

    at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 31st day of May, 1935.

P. H. SIN & CO.,

Solicitors for the Applicant,

Asia Life Building, Hong Kong.

Trade and Shipping Returns for the month of May, 1935.

the Statistical

牌極太

m!

牌童雙

in the name of the said Wong Wing Sing Firm, who claim to be the proprie- tors thereof.

The trade marks are intended to be used by the applicants forthwith. as to mark No. (1) in Class 42 in respect of Pulses, Olive Oil, Malt, Dried Fruits, Canned Fruits, Tea, Sago, Salt, Preserved Meats, Marine Delicacies, Fish, Oil Cakes, Soy, Sauce, Pickles, Flavouring Powder and Milk, and in Class 47 in respect of Common Soap and Matches, and in Class 48 in respect of Perfumed Soap and as to mark No. (2) in Class 47 in respect of Common Soap and Matches and in Class 48 in respect of Perfumed Soap.

The Applicants undertake not to colour in gold trade mark No. (1) in

COMPILED by the ts and Ex- Class 42 when used in respect of Milk.

   ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

Dated the 31st day of May, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

PRINTED AND PUBLISHED BY NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

18, Ice House Street.

i

1

1416

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 186. The following Bill is published for general information:-

[No. 25-11.6.35.-1.]

A BILL

Short title.

Substitution for Ordin-

ance No. 35

INTITULED

An Ordinance to amend the Crown Solicitors Ordinance, 1912, and to repeal the Crown Solicitors Amendment Ordinance, 1924.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Crown Solicitors Amendment Ordinance, 1935.

2. Section 2 of the Crown Solicitors Ordinance, 1912, as amended by section 2 of the Crown Solicitors Amendment of 1912, s. 2, Ordinance, 1924, is repealed, and the following section is

substituted:

as amended

by No. 9 of

1924, s. 2.

Appointment and qualifi- cations of Crown

2. (1) The Governor shall have power to appoint any barrister, advocate, solicitor, law agent or proctor, or any member of the Colonial Legal Service, as Crown Solicitor or od Assistant as an Assistant Crown Solicitor, and to appoint any person

Solicitor

and

Crown Solicitors.

Amendment of Ordinance

No. 35 of

1912, s. 3 (1).

Amendment

of Ordinance No. 35 of 1912, s. 4.

Repeal of Ordinance No. 9 of 1924.

who has successfully passed the examinations required before admission of a barrister, advocate, solicitor, law agent or proctor, or any member of the Colonial Legal Service, as an Assistant Crown Solicitor.

(2) The number of Assistant Crown Solicitors shall not be limited.

3. Section 3 (1) of the Crown Solicitors Ordinance, 1912, is amended-

(1) in paragraph (a) (iii) thereof by the substitution of the words "the Naval, Military or Air Authorities" for the words "the naval or military authorities"

(2) by the addition of the following paragraph after paragraph (a) (iv) thereof:-

(v) with the consent of the Governor, His Majesty's Trade Commissioner in Hong Kong.

4. Section 4 of the Crown Solicitors Ordinance, 1912, is amended by the substitution of the words "the Naval, Military or Air Authorities or of His Majesty's Trade Com- missioner in Hong Kong" for the words "the naval or military authorities".

5. The Crown Solicitors Amendment Ordinance, 1924, is repealed.

1417

Objects and Reasons.

1. Section 2 of the principal Ordinance, No. 35 of 1912, authorised the appointment, as Crown Solicitor of any person possessing the qualifications which would entitle the Court to approve, admit and enrol him as a barrister or as a solicitor under section 21 of the Legal Practitioners Ordinance, No. 1 of 1871, and as Assistant Crown Solicitor of any person who had successfully passed all the examinations required of a student before admission as a barrister or advocate in Great Britain or Ireland or as an attorney, solicitor, writer or law agent in one of the Courts at London, Dublin or Edinburgh or as a proctor in any ecclesiastical Court in England.

2. Section 2 of this new Ordinance substitutes a new section 2 (1) which will allow the appointment, as Crown Solicitor or Assistant Crown Solicitor of any barrister, advocate, solicitor, law agent or proctor or any member of the Colonial Legal Service, and as an Assistant Crown Solicitor of any person who has successfully passed the examinations required before admission of a barrister, solicitor, law agent, proctor or any member of the Colonial Legal Service. The Scots expression "law agent" includes Writers to the Signet Solicitors of the Supreme Courts and Procurators in the Sheriffs Court (see 36 & 37 Vict. c. 63, s. 1).

3. This substituted section will not only conform more closely with section 21 of Ordinance No. 1 of 1871, as amended by section 2 of Ordinance No. 13 of 1931, but it will also remove a restriction which might prevent the appoint- ment of any member of the Colonial Legal Service with some other Colonial legal qualification as Crown

               Crown Solicitor or Assistant Crown Solicitor. In a Circular Despatch dated the 15th July, 1933, the Secretary of State has requested the removal of any such statutory restrictions.

4. Section 2 of this Ordinance enacts a new section 2 (2) which merely gives effect to the amendment made in the repealed section by section 2 of Ordinance No. 9 of 1924.

5. Sections 3 and 4 of this Ordinance amend sections 3 (1) (a) and 4 of the principal Ordinance by including the Air Authorities and His Majesty's Trade Commissioner in Hong Kong among the authorities for whom the Crown Solicitor and his assistants may act with the consent of the Governor.

6. Section 5 repeals Ordinance No. 9 of 1924, as the effect of section 2 thereof is replaced by the new section 2 (2) and the effect of section 3 thereof was repealed and replaced by section 2 of Ordinance No. 24 of 1932.

June, 1935.

C. G. ALABASTER,

Attorney General.

1418

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

   No. S. 187.--Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th June, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

$

Chartered Bank of India, Australia and China

15,545,470

8,300,000*

Hong Kong and Shanghai Banking Corporation......

Mercantile Bank of India, Limited...

118,018,618

132,750,000†

1,714,252

1,350,000$

TOTAL

}

135,278,340

142,400,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £759,600.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

5th July, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

   No. S. 188.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

5th July, 1935.

113-114

D. W. TRATMAN,

Colonial Secretary.

1419

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 189.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 139 of 3.5.35.

S. 95 of 28.3.35.

S. 157 of 17.5.35.

S. 144 of 10.5.35.

S. 158 of 17.5.35.

S. 128 of 26.4.35.

S. 150 of 17.5.35.

S. 162 of 31.5.35.

Tender for Eastern Pumping Messrs. Hop Hing & Son.

Scheme-Covered Service

Reservoirs at Middle Gap

and Mount Cameron.

Tender for formation of 'Flight Messrs. Tung Shing Co.

Gap' North of Sai Kung Road.

Tender for Clothing H.K.V.D.C.

Tender for the supply of a Steam Single Screw Teak Launch for Police Services.

Messrs. Mohamed Din Bros.

Messrs. The Hong Kong &

Whampoa Dock Co., Ltd.

Tender for Construction of Messrs. Kwan On & Co.

Rubble Mound and Sea

Wall between K.M.L. 97 and Sung Wong Toi Road.

Tender for Hot Water Appara-

tus, etc., New Government Civil Hospital.

Messrs. G. N. Haden & Sons,

Ltd.

Tender for Superstructure Messrs. Kin Lee & Co.

Nursing

Staff Quarters,

New Government Civil

Hospital.

Tender for Hospital Servants Messrs. Sang Tai & Co.

Quarters.

S. 163 of 31.5.35.

Tender for Public Conveni-

5th July, 1935.

ences, New Bathing Bea- ches, Repulse Bay.

Messrs. Tak Hing & Co.

D. W. TRATMAN,

Colonial Secretary.

1420

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 190.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

1926.

No. S. 301.

5th July, 1935.

D. W. TRATMAN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

  No. S. 191.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 19th day of July, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 21 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a) and (b).

  The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Annual

Upset

Crown

Price.

Rent.

N.

S.

E.

W.

Tsing I Demarcation District

No. 434, Lot No. 375,

Tsing I.

:

:

680

Subject to readjustment as

provided by the Conditions of Sale.

$

$

t

2

5th July, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

}

1421

DISTRICT OFFICE, SOUTH.

No. S. 192.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 19th day of July, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 1 (a) and (b), and Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Upset

Registry No.

Locality.

in

Crown

Price.

Acre.

Rent.

N.

8.

E.

W.

Lamma

Demarcation District

No. 2, Lot No. 136.

Tai Ping.

$

$35

28

31

.30

Subject to readjustment as

provided by the Conditions of

Sale.

SPECIAL CONDITIONS.

1. No cultivation shall be planted within 10 feet of any grave or which may be on the Lot.

"Kam Tap"

2. In the event of the applicant being unsuccessful, a right of way of 10 feet wide. to be kept open leading to Lot No. 87 shall be determined by the District Officer, South.

5th July, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

w

1422

PUBLIC WORKS DEPARTMENT.

   No. S. 193.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Kowloon Quarry No. 2", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd July, 1935, for the cccupation for a period of two years commencing from the date of notification of acceptance of tender, of the piece or parcel of ground as shown coloured red on a plan signed by the Director of Public Works and dated 28th June, 1935, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $2,000.

Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, in the event of the tenderer, whose tender is accepted, refusing to carry out the terms and conditions of his tender.

   On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

5th July, 1935.

R. M. HENDERSON,

Director of Public Works.

I

工程司軒

+

s憲示第一百九十三號

章程及投票格式者可來署詢取所投之票價格低昂任由政府棄取或 充公如一投票者投得後其餘不入選者之保証金一律發還欲知詳細 回收條連同投票呈遞如投票允准後投得者不遵章辦理則將保証金 千圓又凡欲投票者湏先往庫務司署繳銀二百五十圓以爲保証金取 處指明之投得之人湏遵照章程辦理該章程可來署詢取每年底價二 以兩年爲期經於本年六月廿八日由本司署名所繪之圖則内填紅色 期一日正午以前寄至布政司署石塘之批期由通告投票允准之日起 固封面號明係票投九龍石塘地段第二號字樣於本年七月廿二日星 佈告事照得現招人投票開採石塘如欲投票者湏繕票三張用信封封

總棄不取亦可此佈

封篇

一千九百三十五年

七月

i

1423

PUBLIC WORKS DEPARTMENT.

  No. S. 194.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for maintenance, etc., of Nullahs, and construction of additional Sewers, etc. ", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of July, 1935, for the maintenance and repair of, and extension to all Nullahs, and the construction of additional Sewers, Drains and Nullahs in the Colony of Hong Kong, Kowloon, New Kowloon and the New Territories from 1st Septem- ber, 1935 to 31st August, 1936.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

4th July, 1935.

R. M. HENDERSON,

Director of Public Works,

PUBLIC WORKS DEPARTMENT.

  No. S. 195.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for maintenance of Water Works ", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of July, 1935, for the maintenance, repair, and minor extensions or alterations of Water Works in Hong Kong, Kowloon and the New Territories from 1st September, 1935 to 31st August, 1936.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

4th July, 1935.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 196.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the maintenance, repair, etc., of Roads, etc.", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of July, 1935, for the maintenance, repair, and minor extensions or alterations of Roads, Streets, Bridges, Public Cemeteries, Recreation Grounds, and relative works in the Colony of Hong Kong, Kowloon, New Kowloon and the New Territories from 1st September, 1935 to 31st August, 1936.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

4th July, 1935.

R. M. HENDErson,

Director of Public Works.

1424

PUBLIC WORKS DEPARTMENT.

No. S. 197.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Construction of an Extension to the protective rubble mound at Kun Tong ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 23rd day of July, 1935, for the construction of about 600 lineal feet of sea wall on the existing rubble mound at Kun Tong, the erection of 5 hardwood land- ings in front of this sea wall, together with an extension of approximately 800 lineal feet to the rubble mound and contingent works.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

5th July, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 198.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Heating, etc., Nursing Staff Quarters, Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of July, 1935. The work consists of the installation of Heating and Hot and Cold Water Services of the Nursing Staff Quarters of the Queen Mary Hospital.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

5th July, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 199.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 15th day of July, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

1424

PUBLIC WORKS DEPARTMENT.

No. S. 197.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Construction of an Extension to the protective rubble mound at Kun Tong ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 23rd day of July, 1935, for the construction of about 600 lineal feet of sea wall on the existing rubble mound at Kun Tong, the erection of 5 hardwood land- ings in front of this sea wall, together with an extension of approximately 800 lineal feet to the rubble mound and contingent works.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

5th July, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 198.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Heating, etc., Nursing Staff Quarters, Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of July, 1935. The work consists of the installation of Heating and Hot and Cold Water Services of the Nursing Staff Quarters of the Queen Mary Hospital.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

5th July, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 199.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 15th day of July, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

-1425

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

of Sale.

Registry No.

Locality.

Contents in

sq. feet.

Annual Upset Rent. Price.

N.

S.

E.

W.

1

Garden Lot No. 87.

5th July, 1935.

Adjoining Rural Building Lot No. 332, Repulse Bay Road

near

Wong Nei Chong Gap.

feet. feet. feet. feet.

$

$

About

As per sale plan.

4,600

10

230

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP.)

No. 2 of 1935.

In the Matter of American Oriental Finance Corporation Fed. Inc. U.S.A.

and

In the Matter of the Companies Ordin-

ance 1932,

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent

1923,

Transfer of Business Ordinance No. 25 of

NOTICE

AKE NOTICE that the Heung On Insur-

Notice is hereby given that Yuen Man Ae Company, Limited, has ceased to

Cheung Tong (hereinafter called "the Vendor") carrying on business under the style or firm name of Wing Sang piece goods dealer at No. 25, Wing On Street, Victoria, in the Colony of Hong Kong, has agreed to transfer to Lau On (hereinafter called the Purchaser") of No. 25, Wing On Street, Victoria aforesaid merchant all that the business of the Wing Sang Piece Goods Firm including the goodwill,

WINDING UP Order maand place of First fixtures, furniture and other assets,

Meetings:-

1935. Date

      Creditors, Tuesday, the 30th day of July, 1935, at 10.30 o'clock in the forenoon at the Official Receiver's Office, Supreme Court, Hong Kong.

     Contributories, Tuesday, the 30th day of July, 1935, at 11.30 o'clock in the fore- noon at the Official Receiver's Office, Supreme Court, Hong Kong.

Dated this 5th day of July, 1935.

JAMES J. HAYDEN, Official Receiver and Provisional Liquidator.

In the Matter of The Companies Ordin-

ance, 1932.

and

The Transferee intends to carry on the said business at the same address and under the same style or firm name of Wing Sang aud will not assume the liabilities incurred in the busi- ness of the Transferor prior to 5th day of August, 1935.

Dated the 5th day of July, 1935.

DENNYS & CO., Solicitors for the parties.

carry on the business of fire insurance and intends on or after the 13th day of July, 1935, to apply to the Registrar of Companies for the release of the desposit made in respect of such business under the terms of the Fire & Marine Insurance Companies Deposit Ordinance, 1917. AND FURTHER TAKE NOTICE that any objections to the said release must be made in writing to the Registrar of Companies before the said 13th day of July next.

Dated the 4th day of July, 1935.

JOHNSON. STOKES & MASTER,

(FILE No. 499 OF 1934)

Solicitors for the abovenamed

Heung On Insurance Co., Ltd.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that International General Electric Company, Incorporated, of No. 120, Broadway, New York City, New York, United States of America, have, on the 20th day of September, 1934, applied In the Matter of The Hoo Tin Restaurant for registration in Hong Kong, in the Register of Trade Marks, of the follow-

ing Two Trade Marks:-

Limited.

(IN LIQUIDATION.)

NOTICE is hereby given that the Creditors

        of the above-named Company which is being voluntarily wound up, are required, on or before the 17th day of July, 1935, being the day for that purpose, fixed by Chau Ling, Kwok Lam, Ho Ming Chau, Kwan Hee and Ko Cho Hang, the liquidators of the said Company, to send their names and addresses, and the particulars of their debts or claims, and the addresses of their solicitors, if any, to the under- signed, and, if so required by notice in writing from the said Liquidators, are to come in and their said debts or claims at such time prove and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 26th day of June, 1935.

GEO. K. HALL BRUTTON & CO.

St. George's Building,

Hong Kong.

Solicitors for the abovenamed Liquidators.

NOW READY.

STREET INDEX

Twenty-Third Edition

(1)

EDI

台異奇

MISON

(2)

燈電明生迪安

迪安

G&

異奇

CHINA GENERAL EDISON CO., INCORPORATED,

in the name of the said International General Electric Company Incorporated, who claim to be the sole proprietors thereof.

The above Trade Marks have been used by the applicants since 1917 in respect of lamps, electric lamps and incandescent lamps in Class 13.

The word "Edison" appearing thereon has been declared to be dis- tinctive by order of His Excellency the Officer Administering the Government pursuant to Section 9 (5) of the Trade Marks Ordinance 1909.

The two Trade Marks are to be associated with each other and with

REVISED Edition, which February, Trade Mark No. 217 of 1928.

1935.

all alterations up to

      Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

PER

Price $50 COPY

obtainable at

NORONHA & CO.

The Registration of Trade Mark No. 2 shall give no right to the ex- clusive use of the electric light bulb devices.

Facsimiles of the said Trade Marks can be seen at the Offices of the

Registrar of Trade Marks or of the undersigned.

Dated the 31st day of May, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 250 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that II. Ruftonjee

& Son, of No. 7, Duddell Street, Victoria,

in tho Colony of Hong Kong, have, on the 17th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

Fine Old

(FILE No. 241 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Waterbury

Chemical Company Incorporated of New York, in the United States of America, have on the 6th day June, 1935, applied for the registration of the following Trade Mark in the name of the said Waterbury Chemical Company Incorporated, who claim to be the sole proprie- tors thereof.

GRE & AMRIT

(FILE No. 249 OF 1935)

TRADE MARKS ORDINANCE,

N

1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Monroe

& Company, (EAJ)

of No. 359, Lai Chi Kok Road, (Second floor), in the Dependency of Kowloon, Colony of Hong Kong, have, on the 17th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

我污去啤老捕巡

利寶大華 油肝魚鰵

爲成人及幼孩之售透

。專治暖嗽,傷風。

鋼管类。患肺炎或熱病之軟弱及一切重損。

服法--每日四至六大。

OKRETA *** •

SHAKE THE BOTTLE

Waterbury's

Cod Liver Oil Compound

ALCOHOL

Contains vitars A and D obtained by the enzymotic ac-

tion of panfeatic ferments upon coder oil and upon livers pleens

Malt Bact Unfermented Creosot and Guaiacol

Hypophites Compound Extras nom Wild Cherry,

alocalyples and Aromatics

í Tablespoonful 4 to 6 times a day

Waterbury Chemical Co., Inc.

New York

E.U.A

91. Lancia (Made in USA.)

PLEASANT

AND

PALATABLE

GENERAL TONIC

without objection- able taste, odor or grease, for adults and children. In- dicated in coughs, colds, bronchitis, after pneumonia or fevers and in

all cases of general debility.

Jamaica

Rum

in the name of H. Ruttonjee & Son, who claim to be the proprietors thereof.

     The Trade Mark has been used by the Ap- plicants in respect of rum in Class 43.

     Registration of this Mark shall give no right to the exclusive use of the words "Fine Old Jamaica Rum" appearing thereon.

      A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Mark, of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 256 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs. Mimosa A. G., trading as Mimosa A.-G., of Dresden, Germany, have by an application

    dated the 21st day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

Mimosa

The Mark has been used by the Applicants since 1907 in respect of medical preparation in Class 3.

The words "Waterbury Chemical Company Inc." appearing in red thereon have been de- clared distinctive by order of His Excellency the Officer Administering the Government pur- suant to Section 95 of the Trade Marks Ordin- ance 1909.

Registration of this Mark shall give no right to the exclusive use of the fish device appear- ing thereon.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 5th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE NO. 111 OF 1935)

TRADE MARKS ORDINANCE, 1909.

No

Application for Registration of a Trade Mark.

【OTICE is hereby given that Foggitt Jones Proprietary Limited, a Company duly incorporated according to the laws of the State of Victoria, in the Commonwealth of Australia, and having its Head Office at Turbot Street, Brisbane, in the State of Queensland, Manu- facturers, have on the 6th day of March, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

REX

in the name of Foggitt Jones Proprietary Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap-

in the name of the said Mimosa A.-G., who plicants or their predecessors in business since

claim to be the proprietors thereof.

     The said Trade Mark is intended to be used by the Applicants forthwith in respect of Photographic films and plates in Class 1, and in respect of photographic papers in Class 39.

     A facsimile of the, said Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

MIMOSA A.-G.,

Applicants.

about the month of August in the year 1904, in respect of the following goods :--

Hams, Bacon, Butter, Cheese of all kinds including luncheon cheese and processed cheese, Canned meats, Canned fruits, and Tomato Juice, in Class 42.

Dated the 5th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Ruilding, Hong Kong.

in the name of Monroe & Company, who claim

to be the proprietors thereof.

plicants since the year 1929 in Class 47 in The Trade Mark has been used by the Ap-

respect of Washing powders.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building, (Second floor), Hong Kong.

(FILE No. 163 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Shun Cheong Hong of No. 171, Des Vœux Road Central, Hong Kong, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

HEHE

SCH

標No1/

池電

紙鴬

SCH

KITE NO1/BRAND

TRADE MARK

製監行昌信港香

SHUN CHEONG HONG, HONG KONG

in the name of The Shun Cheong Hong who claim to be the sole proprietors thereof.

The said Trade Mark has been used by The Shun Cheong Hong in respect of Flashlight Cells and Batteries in Class 8.

Registration of this trade mark shall give no right to the exclusive use of the letters "SCH" either in combination or separately and of the abbreviation and figure "No. 1" appearing thereon.

The applicants must undertake not to use the mark in Colours Red, White and Blue.

Dated the 3rd day of May, 1935.

THE SHUN CHEONG HONG 171, Des Vœux Road Central, Hong Kong. Applicants.

(FILE No. 162 of 1935)

TRADE MARKS OR DINANCE, 1909

Application for Registration of

a Trade Mark.

1428

NOTICE is hereby given that The World

Light Factory of No. 26, Fook Chuen Heung Street, Shumshuipo, Hong Kong, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

GLOBE

BRAND

(FILE No. 206 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Poh Chiu Electric Company, of Nos. 41, 53 and 55, Yon Chow Street, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 14th day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:---

WW

沪粤港

BECHTHY

THREE LIGHTS

FLASHLIGHT

BATTERY

Poh Chin Electric Co.

MADE IN HONG KONG

造製港香

in the name of The World-Light Factory who claim to be the sole proprietors thereof.

The said Trade Mark has been used by The World-Light Factory in respect of Hurricane Lanterns (metal) in Class 13.

Registration of this mark shall give no right to the exclusive use of the Chinese characters

(*) appearing thereon.

Dated the 3rd day of May, 1935.

THE WORLD-LIGHT FACTORY 26, Fook Chuen Heung Street, Shumshuipo, Hong Kong.

Applicants.

in the name of Poh Chiu Electric Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since April, 1934, in respect of the following goods :---

Flashlight Batteries, in Class 8.

Dated the 7th day of June, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1430

LEGISLATIVE COUNCIL.

No. S. 200.-The following Bill was read a first time at a meeting of the Council held on the 11th July, 1935:-

Short title.

Substitution for Ordin-

ance No. 35

A BILL

INTITULED

[No. 25-11.6.35.-1.]

An Ordinance to amend the Crown Solicitors Ordinance, 1912, and to repeal the Crown Solicitors Amendment Ordinance, 1924.

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

1. This Ordinance may be cited as the Crown Solicitors Amendment Ordinance, 1935.

2. Section 2 of the Crown Solicitors Ordinance, 1912, as amended by section 2 of the Crown Solicitors Amendment of 1912, s. 2, Ordinance, 1924, is repealed, and the following section is

substituted :-

as amended

by No. 9 of 1924, s. 2.

Appointment and qualifi- cations of Crown Solicitor

2.-(1) The Governor shall have power to appoint any barrister, advocate, solicitor, law agent or proctor, or any member of the Colonial Legal Service, as Crown Solicitor or and Assistant as an Assistant Crown Solicitor, and to appoint any person

Crown Solicitors.

Amendment of Ordinance

No. 35 of

1912, s. 3 (1).

Amendment

of Ordinance No. 35 of 1912, s. 4.

Repeal of Ordinance No. 9 of 1924.

who has successfully passed the examinations required before admission of a barrister, advocate, solicitor, law agent or proctor, or any member of the Colonial Legal Service, as an Assistant Crown Solicitor.

(2) The number of Assistant Crown Solicitors shall not be limited.

3. Section 3 (1) of the Crown Solicitors Ordinance, 1912, is amended--

(1) in paragraph (a) (iii) thereof by the substitution of the words "the Naval, Military or Air Authorities" for the words "the naval or military authorities";

(2) by the addition of the following paragraph after paragraph (a) (iv) thereof:

(v) with the consent of the Governor, His Majesty's Trade Commissioner in Hong Kong.

4. Section 4 of the Crown Solicitors Ordinance, 1912, is amended by the substitution of the words "the Naval, Military or Air Authorities or of His Majesty's Trade Com- missioner in Hong Kong" for the words "the naval or military authorities".

5. The Crown Solicitors Amendment Ordinance, 1924, is repealed.

1431

Objects and Reasons.

1. Section 2 of the principal Ordinance, No. 35 of 1912, authorised the appointment, as Crown Solicitor of any person possessing the qualifications which would entitle the Court to approve, admit and enrol him as a barrister or as a solicitor under section 21 of the Legal Practitioners Ordinance, No. 1 of 1871, and as Assistant Crown Solicitor of any person who had successfully passed all the examinations required of a student before admission as a barrister or advocate in Great Britain or Ireland or as an attorney, solicitor, writer or law agent in one of the Courts at London, Dublin or Edinburgh or as a proctor in any ecclesiastical Court in England.

2. Section 2 of this new Ordinance substitutes a new section 2 (1) which will allow the appointment, as Crown barrister, Solicitor or Assistant Crown Solicitor of any advocate, solicitor, law agent or proctor or any member of the Colonial Legal Service, and as an Assistant Crown Solicitor of any person who has successfully passed the examinations required before admission of a barrister, solicitor, law agent, proctor or any member of the Colonial Legal Service. The Scots expression "law agent" includes Writers to the Signet Solicitors of the Supreme Courts and Procurators in the Sheriffs Court (see 36 & 37 Vict. c. 63, s. 1).

3. This substituted section will not only conform more closely with section 21 of Ordinance No. 1 of 1871, as amended by section 2 of Ordinance No. 13 of 1931, but it will also remove a restriction which might prevent the appoint- ment of any member of the Colonial Legal Service with some other Colonial legal qualification as Crown Solicitor or Assistant Crown Solicitor. In a Circular Despatch dated the 15th July, 1933, the Secretary of State has requested the removal of any such statutory restrictions.

4. Section 2 of this Ordinance enacts a new section 2 (2) which merely gives effect to the amendment made in the repealed section by section 2 of Ordinance No. 9 of 1924.

5. Sections 3 and 4 of this Ordinance amend sections 3 (1) (a) and 4 of the principal Ordinance by including the Air Authorities and His Majesty's Trade Commissioner in Hong Kong among the authorities for whom the Crown Solicitor and his assistants may act with the consent of the Governor.

6. Section 5 repeals Ordinance No. 9 of 1924, as the effect of section 2 thereof is replaced by the new section 2 (2) and the effect of section 3 thereof was repealed and replaced by section 2 of Ordinance No. 24 of 1932.

June, 1935.

C. G. ALABASTER,

Attorney General.

1432

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 201.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government Notification.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

16th April, 1924.

All ports in the United States of America,

Inspections outside the ports from

Steerage

passengers vaccination requirements.

1st April. ! must comply with the

30th April, 1926.

including the

 Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

12th July, 1935.

D. W. TRATMAN,

Colonial Secretary.

GOVERNMENT LABORATORY.

No. S. 202.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 30th June, 1935.

Description.

Number of Samples.

Number found genuine.

Number found adulterated.

Biscuits

6

6

0

Bread

4

4

0

Jam

1

1

0

Lard

4

4

0

Milk, fresh

13

11

2

tinned

""

5

5

0

Mustard

1

1

0

Sweets

7

7

0

Vegetable, tinned

1 ..

1

0

3rd July, 1935.

42

40

A. JACKSON,

2

Government Analyet.

1

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 203.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th June, 1935.

Language

Whether

Printed

in

Title of Book.

which it is

Name of

Author,

Translator,

Place of

Name or

Firm of

Date of

Number

of

Printing

Issue

Printer and

Subject.

and

from

Name or

Sheets,

Leaves,

Size.

Number

of

written.

or

Editor.

Place of

Publication.

the

Edition.

Firm of

Publisher.

or

Number of Copies of which the

Edition

consists.

or

Press.

graphed.

Pages.

Price at

which the

Book is

Name and Residence of the Proprietor of the

Litho- sold to the Copyright or any

Public.

Portion of such

Copyright.

No. 4.-My Diary, 1934.

Chinese.

Fung-hon.

Chinese

calligraphy.

筆隨園竹畝半

25-27,

Lee Tung

Street.

Millan

Printing

Press.

30.3.35.

36

74"x4" First.

500

Printed.

$1.00

leaves.

Fung Hon,

Chung Road.

161, Wong Nei

No. 5.-English for Chinese students.

English.

D. I. Luard. B. J. Monks. composition.

English

Hongkong.

Newspaper Feb. Enterprise. 1935. pages.

158

7" × 41" Do.

500

Do

$1.00

No. 6. Gods, ghosts and devils.

Do.

H. R. Wells.

Chinese

Colloquial

Do.

Wing Fat

& Co.

March 161 1935. pages.

71" x 5"

Do.

500

Do.

$2.00

stories

(Cantonese).

D. I. Luard and B.J. Monks

c/o Diocesan Boys' School, Kowloon.

H. R. Wells, 12, Hon Sze Toi, Kennedy

Town.

No. 7.-The "Post" typhoon Map.

Do.

The

S.C.M.P., Ltd.

1-3,

The Wyndham S.C.M.P., Ltd. Street.

11.4.35.

1 19" x 15" 2nd leave.

500

Litho-

graphed.

$200 The S.C.M P., Ltd.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th June, 1935,-Continued.

Language

in

Title of Book.

Name of

Author,

Translator,

Place of

Name or

Firm of

Date of

Number

of

Printing

Issue

Printer and

Subject.

and

from

which it is

Name or

Sheets,

Leaves,

Size.

Number

of

Number of Copies of

Whether

Printed

Price at which the

Book is

Place of

the

Edition.

or

Firm of

which the

Edition

consists.

or

Litho-

sold to the

Name and Residence of the Proprietor of the Copyright or any

Public.

or

written.

Editor.

Publication.

Press.

graphed.

Publisher.

Pages.

No. 8.-A concise geography of Kwongtung & Hong Kong.

Chinese.

Yuen

Chung-iu.

Important

Printer,

Printer,

24.4.35.

13 L.

72"x5"

First

2,000

Printed.

point in

7, Hamilton

Man On

要提理地港香及東廣

Geography

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No. 9.-Dictionnaire Historique

French and

Lucien

A Dictionary

Pokfulam.

Nazareth.

et Geographique de la Man- chourie.

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Instructions on Christian Doctrine.

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No. 16. Dainty Chinese dishes... English and

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8th July, 1935,

E. H. WILLIAMS,

p. Secretary for Chinese Affairs

· 1437

DISTRICT OFFICE, TAI PO.

No. S. 204.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 24th day of July, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Building Lots, Serial No. 3 as a Garden Lot, Serial No. 4 as an Agricultural and Garden Lot and Serial No. 5 as a Threshing floor Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Serial Nos. 3 and 4 are further subject to Special Condition Nos. 1 (a) (b) and (c). Serial No. 3 is further subject to Special Condition hereunder specified. Serial No. 5 is further subject to Special Condition No. 1 (a) in the above Government Notification.

  The amounts to be spent on each building Lot in rateable improvements under the General Condition No. 5 are $2,000 and $500 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Locality.

Acres or Square feet.

Upset Price.

Annual Crown

Rent

No. D.D.

Lot.

N.

S.

E.

W.

$

$

feet. feet. feet. feet.

I

95 1980

Ku Tung.

As per plan deposited in the District Office, North.

3375 sq. ft.

68

889

16.00

2 183

462

Tin Liu.

800

16

4.00

""

3

463

>

4 95

1981

Ku Tung.

LQ

5

91

3500

Ping Kong.

16 acre.

35

.50

""

*49

107

1.50

"

,,

875 sq. ft.

9

.10

SPECIAL CONDITION TO SERIAL No. 3.

  The Purchaser shall within seven days from the date of sale pay to Licensee of Foresty Lot No. 330 the sum of $4 for the 20 pine trees growing on the Lot.

12th July, 1935.

T. MEGARRY, District Officer, North.

1438

DISTRICT OFFICE, TAI Po.

  No. S. 205.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a m., on Thursday, the 25th day of July, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Garden Lots, Serial No. 3 as an Orchard Lot, and Serial No. 4 as a fish pond Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial No. 3 is further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Serial Nos. 3 and 4 are further subject to Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D. Lot.

N.

Boundary Measurements.

E.

W.

Contents in Acres, or Square feet.

Annual Upset Crown

Price.

Rent.

feet. feet. feet. feet.

$

$

!

1 131

860

Castle Peak.

As per plan deposited in the District Office, North.

*09 acre

77

9.00

2

376

343

*09

72 18.00

"

3

123 1525

Wang Chau.

10.94

1192 11.00

""

4

124

3930

Hung Shui Kiu.

1.46

1272 146.00

"

SPECIAL CONDITION TO SERIAL No. 3.

  The Purchaser shall within 24 months from the date of sale plant and grow fruit trees on the Lot to the satisfaction of District Officer North.

SPECIAL CONDITIONS TO SERIAL No. 4.

  1. The Purchaser shall maintain the existing bund on the N.E. side of the Lot in good order condition and repair to the satisfaction of the District Officer North.

+

2. The Purchaser shall if required pay for the removal or alteration of the Govern- ment telephone pole which is now on the S.E. side of the Lot, such removal or alteration to be carried out by the Director of Public Works.

12th July, 1935.

T. MEGARRY, District Officer, North.

1439

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 206. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for New Traffic Quarters at Lowu ", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of July, 1935, on behalf of the Kowloon-Canton Railway (British Section).

Drawings may be seen and the Specification and full particulars obtained by appli- cation to the Railway Head Office, Kowloon, on the deposit of a fee of $25, which will be refunded on the submission of a bona fide tender together with the return of the Specification intact. The deposit receipt must be attached to the tender.

  The Contractor must attach to his tender the Schedule of Quantities and Prices, which shall be fully filled up and shall set forth the items of which such estimate is composed, and shall contain his complete estimate.

The successful tenderer will be required to sign a formal contract in the usual form of Government Contracts and to give security for the sum of $500 in cash to be deposited with the Colonial Treasurer, for the due and faithful performance of the terms of such contract.

The Government does not bind itself to accept the lowest or any tender.

R. D. WALKER, Manager & Chief Engineer.

12th July, 1935.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

  No. S. 207.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the privilege of maintaining an advertisement boarding adjoining Kowloon Railway Station ", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of July, 1935.

  Each tenderer must attach to his tender a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer.

Further particulars and Forms of Tender may be obtained on application at the Head Offices, Kowloon-Canton Railway, Kowloon.

The Government does not bind itself to accept the highest or any tender.

R. D. WALKER, Manager & Chief Engineer,

12th July, 1935.

1440

PUBLIC WORKS DEPARTMENT.

No. S. 208.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for supplying and laying wood block flooring at The New Central British School, Kowloon will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of July, 1935.

"

The work consists of supplying and laying 1" x 2" machine cut, tongued and grooved, teak and oak, floor boards, laid in 12" squares in Bitumen on concrete base.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

W. A. CORNELL, Architect for Central British School.

8th July, 1935.

PUBLIC WORKS DEPARTMENT.

No. S. 209. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for supplying and laying Terrazzo at The New Central British School, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of July, 1935.

The work consists of making and laying 8" x 8" Terrazzo Floor Tiles, and forming Terrazzo Borders, Skirtings, and Dados, etc.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

W. A. CORNELL,

Architect for

Central British School.

8th July, 1935.

PUBLIC WORKS DEPARTMENT.

  No. S. 210. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Market, Roads, and Drainage at Tsun Wan", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 30th day of July, 1935. The work comprises cutting, filling and laying the necessary sewers and storm water drain- age, and all contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th July, 1935.

R. M. HENDERSON,

Director of Public Works.

1

.

1441

PUBLIC WORks Department.

  No. S. 211.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 29th day of July, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of

Registry No.

Locality.

Contents in

Annual

Upset

Sale.

Sq. feet.

Rent. Price.

N.

S

E.

W.

feet.

feet. feet.

feet.

$

$

About

1

Rural Building Lot No. 391.

South West of Rural Building Lot No. 187, Mount Kellett Road.

As per sale plan.

10,000

114

1,200

11th July, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 193.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Kowloon Quarry No. 2", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd July, 1935, for the occupation for a period of two years commencing from the date of notification of acceptance of tender, of the piece or parcel of ground as shown coloured red on a plan signed by the Director of Public Works and dated 28th June, 1935, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $2,000.

Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, in the event of the tenderer, whose tender is accepted, refusing to carry out the terms and conditions of his tender.

  On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

+

5th July, 1935.

R. M. HENDERSON,

Director of Public Works.

}

A

N

IN THE SUPREME court OF

HONG KONG,

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 11 of 1932.

Re Luiz Gonzaga Morales, of No. 1, Kwong Ming Street, (top floor), Wanchai, in the Colony of Hong Kong, Clerk.

FIRST dividend of $10.00 per cent has

been declared in the above-matter.

OTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 16th day of July, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Re

Dated the 12th day of July,

1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

Ex-parte

IN BANKRUPTCY.

No. 8 of 1935.

The Chui Yuen Restaurant Debtors,

The Chee Lee firm,

Creditors.

To The above-named Debtors of No. 2, Peel Street, Victoria, in the Colony of Hong Kong.

TAKE

AKE NOTICE that a Creditors' Petition has been filed against you in the Bank- ruptcy Court of Hong Kong, being No. 8, of 1935, by the Chee Lee firm, of No. 197, Queen's Road Central, Victoria aforesaid.

      And that it has been ordered that the Peti- tion shall be heard at the Supreme Court of Hong Kong, on Wednesday, the 17th day of July, 1935, at 10 a.m. and that service of the Petition in the said Bankruptcy on you be effected by this advertisement. If you desire to dispute the truth of any of the statements contained in the Petition you must file with the Registrar of the Supreme Court of Hong Kong, a notice showing the grounds upon which you intend to dispute the same and serve a copy of the notice upon the petitioners two days before the date fixed for the hearing.

Dated the 5th day of July, 1935.

D'ALMADA & MASON,

Solicitors for the Petitioning Creditors.

THE PENINSULA DOCK COMPANY, LIMITED.

(IN VOLUNTARY LIQUIDATION).

is

Section 225 of the Companies Ordin- ance 1932, that the Final Meeting of Members will be held at the offices of Messrs. Ts'o and Hodgson at No. 8A, Des Voeux Road Central, (first floor), on Monday, the 12th August, 1935, at 3 p.m. for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted and the property of the Company disposed of and of

  hearing any explanation that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts and documents of the Com- pany and of the Liquidator thereof shall be disposed of.

Dated the 12th day of July, 1935.

WONG HAKING, Liquidator.

1445

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Alice Frances Morris, late of 46, Ellison Road, Streatham in the County of Surrey, in the United Kingdom, Spinster deceased.

NOTICE is hereby given that the Court has,

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 5th August, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 12th day of July, 1935.

DEACONS,

Solicitors for the Executrix, 1, Des Voeux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Lilian Alice Lowden or Dyer, sometime of 8 Highburgh Terrace, Downhill, Glasgow. Scot- land, and late of 508 The Peak, Victoria, in the Colony of Hong Kong, Married Woman, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 5th day of August, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 12th day of July, 1935.

DEACONS,

Solicitors for the Executor, No. 1, Des Vœux Road Central, Hong Kong.

NOTICE OF TRANSFER.

pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25 of 1923, Notice is hereby given that Au-

yung Pun () carrying on the

business of a Bakery under the style or firm

name of "Hop Lee Fai Kee" (☆ 1 ★

at No. 16, Wing Fung Street, West,

Victoria, in the Colony of Hong Kong, Baker (hereinafter called "the Transferor") has agreed to transfer to Tak Tse Tong ( 志堂)(hereinafter

(hereinafter called "the Trans-

feree") of No. 16, Ground Floor, D'Aguilar Street, Victoria aforesaid, Merchant, all that the busines of the said Hop Lee Fai Kee in- cluding the goodwill, fixture, furniture, stock- in-trade and effects. and other assets. It is intended to complete the transaction on the 13th day of August, 1935.

The Transferee intends to carry on the said business at the same address and under the

style or firm name of "Hop Lee" (

and will not assume any of the liabili-

ties

with the said business prior to the Transfer.

Dated the 12th day of July, 1935.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 9 of 1935.

Re Augusto Arthur Mattos, of No. 66, Parkes Street, (First Floor), Kow- loon, Clerk.

RECEIVING Order made 11th day of July,

1935. Date and place of first meeting, 19th day of July, 1935, at 11.30 a.m. in the Official Receiver's Office.

NOTE.-All debts due to the estate should be paid to me.

Dated the 12th day of July, 1935.

A

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 12 of 1934.

Re The Kung Cheung Loong Firm, Rice Merchants, of No. 69, Connaught Road West, Victoria, in the Colony of Hong Kong.

FIRST and final dividend is intended to

be declared in this matter.

Creditors who have not proved their debts by the 29th day of July, 1935, will be ex- cluded.

Dated the 12th day of July, 1935.

N

CHAN SHI (OR TSZ) CHIU, 18, Bonham Strand West,

Victoria, Hong Kong, Trustee in Bankruptcy.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Sie Kie, late of Launceston in Tasmania in the Commonwealth of Australia, Market Gardener, deceased,

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 8th day of Angust, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 12th day of July, 1935.

JOHNSON, STOKES & MASTER, Folicitors for the Executors,

Prince's Building, Ice House Street, Hong Kong.

告廣明聲

一佈無効俱嗣理由百啓 九聞向力由後事李四者 外並曹廣務福十皇 五 揭聲壽興昌五后 年 借明如號因先號大 七 銀廣簽或年生廣道 両興字有老在興西 等號方揭决舖故

incurred by the Trannferor in connection | 廣月

興十

號一

項日得

借意受衣牌

TAK TSE TONG, (Transferee).

謹日 啓

特前發等休職

此槪生項養協向-

(FILE No. 204 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Haythornth-

     Street, Brierfield, Lancashire, England, Manu- facturers, have on the 26th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

GRENFELL

CLOTH

MADE IN

SONS LTD.

ENGLAND

FOR GRENFELL OF LABRADOR

(FILE No. 246 of 1935).

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tin Heung Company, of No. 80, Bonham Strand East, Victoria, in the Colony of Hong Kong, have on the 13th day of June, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

TRADE TIGER MARK

PREPARED BY SAM YUE CO. WENCHOW, CHEKIANG.

WEIGHT 14 OUNCES

PREPARED IN CHINA

(FILE No. 161 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Nam Wah

Company (南華公司),

of No. 78, Yen Chow Street, 2nd floor, Sham-

shuipo, in the Colony of Hong Kong, preservers

of and dealers in melon seeds, have on the 12th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

in the name of Haythornthwaite & Sons, Limit- ed who claim to be the sole proprietors thereof. The Trade Mark has been used by the Ap- plicants in respect of piece goods composed wholly or mainly of cotton in Class 24.

The Applicants disclaim the right to the exclusive use of word "Grenfell " appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 12th day of July, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

MANUFACTURED BY SAM CO. YUE OWKIANG. REGISTERED AT THE INDUSTRIAL BUREAU

OF THE CENTRAL GOVERNMENT

in the name of the Tin Heung Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since June, 1933, in respect of the following goods :-

Condensed Milk, in Class 42.

Dated the 12th day of July, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 260 OF 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE Westwick Norwich,

OTICE is hereby given that Coleman and Company, Limited, of Win- carnis Works, Lower Westwick Street, Norwich, England, have by an application dated the 16th day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

COLEMAN'S

VITACUP

The Family

Food

VITACUP delicious, rughly can anchated torus fond, made from Malt. Milk, Egy, and Chocolate E most nour lung and early digestible, so that it may be rak safely by young children and adults alike it is parncularly recommcadea for Tavalude and Convèlescents whose ligaanon

a weakened or impured

GUARANTEE Coleman wad Company granted VITACUP to be made from the finest ingroshenti obourable. It is packed in an up-to-date factory under the most careful supervision of fully qualified chemists

DIRECTIONS FOR USE-Fill cup with hot (not boilingi milk, or milk and water, and then fons two or mor tomspoonfuls of VIVAČUP on, tpp and stự. Juga may be added if devred

In Hot Weather-Same = above, using cold milk md water island of bot

On Bread, Porridgs, Fruit, Milk Puddings, etc.- Children love the dry" VITACUP granules spread on bread and burat It gives them extra nourishment A spoonful or two sprinided over breakfast porridge adds a delicious Bavour to the porridge and greatly increases its food vahar Try sprinkling VITACUP over milk puddings, stewed frust, erc, after serving

IMPORTANT - Replace lid and stora in a dry place COLLMAN AND Company LimITED, NORWICH,

EXPORT PACK

FARM

EGGS

DELICIOUS

FOOD BEVERAGE

FULL

CREAM

MILK

FROM ENGLISH;

COLEMANS VITACUP

CHOCOLATE

DAIRY FARMS

BARLEY

MALT

in the name of the said Coleman and Company, Limited, who claim to be the proprietors thereof.

孟生衛型妙

爽潔甘香 美味可口

尕海手口 系摃唇舌

in the name of Nam Wah Company (

A), who claim to be the proprietors

thereof.

The said Trade Mark has been used by the Applicants since April, 1934, in respect of melon seeds in Class 42.

Registration of this Mark shall give no right to the exclusive use of the representations of a melon and melon leaves and of the Chinese

save as shown on

Characters"南華"

the monogram of the said mark,

Facsimiles of the said mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and of the undersigned.

Dated the 10th day of May, 1935.

LYSON AND HALL, Solicitors for the Applicants, No. 6, Queen's Road Central,

Hong Kong.

(FILE No. 215 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Hong Kong Import and Export Company, of 7th floor, China Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents, have on the 22nd day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

EAGLE

BRAND

NE 09

GERMANY

in the name of The Hong Kong Import and Export Company, who claim to be the proprie tors thereof.

The said Trade Mark has been used by the Applicants in respect of a preparation containing malt, milk, eggs and chocolate for making a beverage applicants in respect of Safety Razor Blades in

in Class 42.

The registration of the said Trade Mark shall give no right to the exclusive use of the word COLEMAN'S".

66

Dated the 12th day of July, 1935.

GEO. K. HALL BRUTTON & CO,,

Solicitors for the Applicants, George's Building, Hong Kong.

This Trade Mark has been used by the

Class 12 and is intended to be used forthwith by the applicants in respect of Safety Razors in Class 12.

Registration of this Mark shall give no right to the exclusive use of the abbreviation and figures "No. 999" appearing thereon.

Dated the 14th day of June 1935,

THE HONG KONG IMPORT AND EXPORT COMPANY China Building, Hong Kong. Applicants.

PRINTED ANd Published by NORONHA & Co., Printers TO THE HONG KONG GOVERNMENT.

1448

LEGISLATIVE COUNCIL.

Draft Bills.

No. S 212.-The following Bills are published for general information :-

[No. 15-15.5.35.-2.]

A BILL

Short title.

Unlawful assumption of character of revenue officer.

53 & 54 Vict. c. 21, s. 12.

Ordinance No. 2 of 1917.

Personation to obtain

property.

37 & 38

Vict. c. 36, ss. 1, 2.

Ordinance No.

1935.

of

Personating owner of stock, to

obtain share or money.

24 & 25

Vict. c. 98, s. 3.

INTITULED

An Ordinance to amend the law relating to false personation.

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

1. This Ordinance may be cited as the False Personation Ordinance, 1935.

2. Every person who, not being a revenue officer as defined in the Revenue Officers Power of Arrest Ordinance, 1917, takes or assumes the name, designation or character of such officer for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any act which he would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, shall in addition to any other punishment to which he may be liable for the offence, be liable on summary conviction to imprisonment for any term not exceeding three months.

3.-(1) Every person who falsely and deceitfully per- sonates any person, or the heir, executor or administrator, wife, widow, next of kin or relation of any person, with intent fraudulently to obtain any land, estate, chattel, money, valuable security or property, shall be guilty of felony and on conviction thereof liable to imprisonment for life.

(2) In this section, "valuable security" has the same meaning as in the Larceny Ordinance, 1935.

(3) Nothing in this section shall prevent any person from being proceeded against and punished under any other enactment or at

at common law in respect of any offence punishable as well under this section as under any other

enactment or at common law.

4. Every person who falsely and deceitfully personates-

(1) any owner of any share or interest in any stock, annuity or other public fund transferable at any bank or public office in this Colony; or

(2) any owner of any share or interest in the capital stock of any bank, body corporate, company or society established by charter or by, under or by virtue of any Act or Ordinance; or

1

-

1449

Y

(3) any owner of any dividend or money payable in respect of any such share or interest; or

(4) any owner of any share warrant, stock certificate or coupon issued in respect of any such share or interest; or

(5) any owner of any money deposited in any bank in this Colony,

and thereby-

(a) obtains or endeavours to obtain any such share, cf. 19 & 20 interest, share warrant, stock certificate or coupon; or

(b) transfers or endeavours to transfer any share or interest belonging to any such owner; or

(c) receives or endeavours to receive any money due to any such owner, as if the offender were the true and lawful

owner,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

Geo. 5, c. 23,

s. 71.

ging

name of

5. Every person who, without lawful authority or Acknowled- excuse, in the name of any other person, acknowledges any recognizance, recognizance, bail, judgment, deed or other instrument, etc., in before any court, judge or other person lawfully authorised another. in that behalf, shall be guilty of felony and on conviction 24 & 25 thereof liable to imprisonment for any term not exceeding Vict. c. 98, seven years.

s. 34.

particular

6. Where an intent to defraud is one of the constituent Intent to elements of an offence punishable under this Ordinance, it defraud shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the accused did the act charged with intent to defraud.

person need

not be proved.

24 & 25 Vict. c. 98, S. 44.

Aiders and

abettors.

cf. 24 & 25

7. Every person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence punishable under this Ordinance shall be liable to be dealt with, indicted, tried and punished as a principal offender. s. 49.

vict. c. 98,

keeping the

8.-(1) Whenever any person is convicted of a mis- Fines and demeanor under this Ordinance, the court or magistrate, in sureties for addition to or in lieu of any of the punishments authorised by peace. this Ordinance, may fine the offender, and may require him 24 & 25 to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good

behaviour.

(2) In all cases of felonies mentioned in this Ordinance, the court or magistrate may require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments authorised by this Ordinance :

Provided that no person shall be imprisoned under this section for not finding sureties for any term exceeding one year.

Vict. c. 98,

s. 51.

|_

1450

Objects and Reasons.

1. This Ordinance collects and re-enacts, with slight amendments, those provisions of the Larceny Ordinance, No. 5 of 1865 (section 78) and the Corrupt Practices (Documentary) Ordinance, No. 4 of 1865 (sections 5 and 35), which deal with false personation and are repealed and not reproduced by the Larceny Ordinance, 1935, and the Falsification of Documents Ordinance, 1935.

2. Section 2, and also sections 6, 7 and 8, which correspond to sections 10, 11 and 12 of the Falsification of Documents Ordinance, 1935, have been added to this Ordin- ance in order to assimilate the law of Hong Kong on this subject as nearly as possible to the law of England.

3. The attached Table of Correspondence gives in detail the departures from the English provisions on which this. Ordinance is based.

May, 1935.

C. G. ALABASTER,

Attorney General.

}

1451.

TABLE OF CORRESPONDENCE

BETWEEN

THE FALSE PERSONATION ORDINANCE, 1935,

AND

CERTAIN SECTIONS OF:

The Corrupt Practices (Documentary) Ordinance, 1865 (No. 4.of. 1865),

The Larceny Ordinance, 1865 (No. 5 of 1865),

The Inland Revenue Regulation Act, 1890 (53 & 54 V. c. 21),

The False Personation Act, 1874 (37 & 38 V. c. 36), and

The Forgery Act, 1861 (24 & 25 V. c. 98).

showing the variations from the English provisions.

Section

of new

Ordinance.

Section of

Corres-

Ordinance

ponding

No. 4 of

English

1865.

provision.

Remarks.

1

2

53 & 54 V.

c. 21, s. 12.

3

No. 5 of 1865, s. 78.

4

5

37 & 38 V.

c. 36, ss. 1, 2.

Short title.

"Every person who" for "if

any person shall" here and wherever the expression

occurs.

a revenue officer

for 'an officer'.

..1917"

"be guilty of a misdemeanour'

omitted.

"with or without hard labour"

omitted.

(1) "imprisonment" for "penal

here

and

servitude" wherever the expression

occurs.

(2) definition of "valuable security" added, following

..

Ma

6 & 7 G. 5, c. 50, s. 46 (1).

(3) "section" and 'enactment" respectively for "Act".

"any

offence" for "an offence (if any)".

24 & 25 V. | (1) "of or" omitted before "in

c. 98, s. 3.

any stock".

"which is now or hereafter may

be" omitted.

"bank.........in this Colony" for

"Bank of England Ireland".

(2) "bank" inserted before

"body corporate".

"Act or Ordinance" for "Act

of Parliament".

(3)

'as aforesaid" omitted.

1452

Table of Correspondence,-Continued.

THE FALSE PERSONATION ORDINANCE, 1935,--Continued

Section

Section of

Corres-

of new Ordinance.

Ordinance

ponding

No. 4 of 1865.

English

provision.

Remarks.

(4) "any owner

of any share

warrant

interest"

inserted (cf. Ordinance No. 39 of 1932, s. 73, and 19 & 20 G. 5, c. 23, s. 71).

(5) retained from

Ordinance

No. 4 of 1865, s. 5 (4).

or coupon"

added v. note to (4) supra.

(a) "obtains

5

35

24 & 25 V.

c. 98, s. 34.

6

44

7

49

"(the proof whereof shall lie on the party accused)" omitted v. No. 31 of 1911, s. 34.

"cognovit actionem" omitted.

24 & 25 V. follows No. 4 of 1865, s. 44. c. 98, s. 44.

24 & 25 V. follows 6 & 7 G. 5, c. 50, s. 35. c. 98, s. 49.

24 & 25 V. "Ordinance" for "Act".

8

50

c. 98, s. 51.

"or magistrate" added after

"court".

"may" for "it shall be lawful

for".

"if it shall think fit" omitted.

"section"

viso).

for "clause" (pro-

-

1453

་ནོ,

A BILL

INTITULED

[No. 16-23.5.35.-3.]

An Ordinance to amend the law relating to the falsification of documents and to amend the Forgery Ordinance, 1922.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Falsification of Short title. Documents Ordinance, 1935.

of Ordinance

c. 55, s. 17.

2. Sections 76 to 82, both inclusive, of the Bills of Extension Exchange Ordinance, 1885, shall extend to any document No. 3 of issued by a customer of any banker, and intended to enable 1885. any person or body corporate to obtain payment from such 46 & 47 Vict. banker of the sum mentioned in such document, and shall so extend in like manner as if the said document were a cheque Provided that nothing in this section shall be deemed to render any such document a negotiable instru-

ment.

For the purposes of this section the Colonial Treasurer shall be deemed to be a banker, and the public officers drawing on him shall be deemed customers.

cf. No. 11 of 1922, s. 3

(3) (c).

of accounts

3. Every person who, being a clerk or servant or Falsification employed or acting in the capacity of a clerk or servant, with intent with intent to defraud-

to defraud.

38 & 39 Vict.

(a) destroys, alters, mutilates or falsifies any book, c. 24, s. 1. paper, writing, valuable security or account belonging to or in the possession or power of his master or employer or received by him for or in the name or on behalf of his master or employer; or

(b) makes or concurs in making any false entry, or omits, alters or concurs in omitting or altering any material particular in any such book or any document or account, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

In this section, "valuable security" has the same mean- Ordinance ing as in the Larceny Ordinance, 1935.

No. of 1935.

contract for

4. Every person, whether principal, broker or agent, Making false who wilfully inserts, in any contract, agreement or token of entry in sale and purchase made or entered into for the sale or sale of transfer, or purporting to be for the sale or transfer, shares. of any share, stock or other interest in the capital 30 & 31 Viet. stock of any bank, body corporate, company or society,

               or society, c. 29, s. 1. established by charter or by, under or by virtue of any Act or Ordinance, issuing shares or stock transferable by any deed or written instrument, any false entry of the numbers by which the same are distinguished on the registers or books of such company, or any names other than those of the persons in whose name such shares, stock or interest stand as registered proprietors thereof in the books of such

Making false entry in bank book, etc.

24 & 25 Vict. c. 98, s. 5.

Bank clerk making out false dividend

warrant.

1454

company, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding three years and to a fine not exceeding one thousand dollars.

5. Every person who, with intent to defraud-

(1) makes any false entry or alters any word or figure in any of the books of account kept at any bank in this Colony or by any body corporate, company or society, established by charter or by, under, or by virtue of any Act or Ordinance, in which books the accounts of the owners of any money deposited in such bank or of any stock of any such body corporate are entered and kept; or

(2) in any manner falsifies any of the accounts of any such owners in any of the said books; or

(3) makes any transfer of any share or interest in any such deposit or stock in the name of any person not being the true and lawful owner of such share or interest,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

6. Every person who, being a clerk or servant of, or other person employed or entrusted by, any bank in this Colony or any such body corporate, company or society as is mentioned in section 5, with intent to defraud makes out 24 & 25 Vict. or delivers any dividend warrant, or warrant for payment of any interest or money for a greater or less amount than the amount to which the person on whose behalf such warrant is made out is entitled, shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years.

c. 98, s. 6.

Uttering, delivering or

acting under

false copy

7. Every person who-

(1) being the clerk of any court or other officer having or certificate the custody of the records of any court, or being the deputy of any such clerk or officer, utters any false copy or certificate of any record knowing the same to be false; or

of record or process of court.

24 & 25 Vict.

c. 98, s. 28.

Destruction

of register of births, etc.

24 & 25 Vict. c. 98, s. 36.

(2) delivers or causes to be delivered to any person any paper falsely purporting to be any process of court or a copy thereof, or to be any judgment, decree or order of any court, or a copy thereof, knowing the same to be false; or

(3) acts or professes to act under any such false process, knowing the same to be false,

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years.

8. Every person who-

(1) unlawfully destroys, defaces or injures or causes or permits to be destroyed, defaced or injured, any register of births, baptisms, marriages, deaths or burials which is by law authorised or required to be kept in this Colony, or any part of such register, or any certified copy of any such register, or any part thereof, or

(2) knowingly and unlawfully inserts or causes or permits to be inserted in any such register, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death or burial; or

1455

(3) knowingly and unlawfully gives any false certificate. relating to any birth, baptism, marriage, death or burial; or

(4) certifies any writing to be a copy of or extract from any such register, knowing such writing, or the part of such register whereof such copy or extract is so given, to be false in any material particular; or

(5) offers, utters, disposes of or puts off any such register, entry, certified copy or certificate, knowing the same to be false; or

(6) offers, utters, disposes of or puts off any copy of any entry in any such register, knowing such entry to be false,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

9. Every person who-

(1) knowingly inserts, or causes or permits to be inserted in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage or burial; or

(2) signs or verifies any copy of any register so directed. or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false; or

(3) unlawfully destroys, defaces, injures, or for any fraudulent purpose takes from its place of deposit or conceals any such copy of any register,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

Making false entry in

copy of sent to registrar.

register

24 & 25 Vict. c. 98, s. 37.

10. Where an intent to defraud is one of the constituent Intent to elements of an offence punishable under this Ordinance, it defraud

particular shall not be necessary to prove an intent to defraud any person need particular person. but it shall be sufficient to prove that the not be accused did the act charged with intent to defraud.

proved.

24 & 25 Vict. c. 98, s. 44.

cf. 24 & 25

11. Every person who knowingly and wilfully aids, Accessories abets, counsels, procures or commands the commission of and abettors. an offence punishable under this Ordinance shall be liable to vict. c. 98, be dealt with, indicted, tried and punished as a principal s. 49. offender.

12. (1) Whenever any person is convicted of a mis- Fine and demeanor under this Ordinance, the court or magistrate, in sureties for keeping the addition to or in lieu of any of the punishments authorised peace. by this Ordinance, may fine the offender, and may require 24 & 25 Vict. him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour.

(2) In all cases of felonies mentioned in this Ordin- ance, the court or magistrate may require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments authorised by this Ordinance:

c. 98, s. 51.

New

section 18

1456

Provided that no person shall be imprisoned under this section for not finding sureties for any term exceeding one year.

    13. The Forgery Ordinance, 1922, is amended by the to Ordinance addition of the following section at the end thereof :-

No. 11 of

1922.

Punishment

of forgeries not other-

18. Every felony punishable in England under section 48 of the Act 24 and 25 Victoria, chapter 98, shall, if wise punish- committed in this Colony, and not otherwise punishable under this or any other Ordinance for the time being in force, be punishable with imprisonment for life.

able under

this Ordin-

ance.

Amendment

of Form

No. 21 in

Appendix to First Schedule to Ordinance No. 17 of 1919.

Repeal of Ordinance No. 4 of 1865.

14. Form No. 21 in the Appendix to the First Schedule to the Indictments Ordinance, 1919, is amended by the repeal of the words and figures "section 74 of the Larceny Ordinance, 1865" and by the substitution therefor of the words and figures "section 3 of the Falsification of Documents Ordinance, 1935".

15. The Corrupt Practices (Documentary) Ordinance, 1865, is repealed.

Objects and Reasons.

1. This Ordinance collects in one enactment the local provisions dealing with the falsification of documents which are not included in the Forgery Ordinance, 1922, or in particular Ordinances like the Post Office Ordinance, No. 7 of 1926, (s. 32 (1) ()-imitation stamps), or the Medical Registration Ordinance, No. 1 of 1884, (s. 16-false particulars for registration), and attempts, by the addition of sections 2 and 4, to bring the law of the Colony on this subject as nearly as possible into line with the law of England.

2. It reproduces, with slight amendments, sections 7, 8, 30, 37, 38, 44 and 50 of the Corrupt Practices (Documentary) Ordinance, No. 4 of 1865, which it repeals, and section 74 of the Larceny Ordinance, No 5 of 1865, repealed by the Larceny Ordinance, 1935.

3. New section 2 of this Ordinance is based on section 17 of the Revenue Act, 1883, (46 & 47 Vict. c. 55), and new section 4 on the latter part of section 1 of the Banking Companies' (Shares) Act, 1867 (30 & 31 Vict. c. 29).

4. Section 48 of Ordinance No. 4 of 1865 has not been reproduced in this Ordinance, and although the instances in which this section might be invoked are rare, its provisions have been given effect to by a new section 18, added by this Ordinance to the Forgery Ordinance, 1922, to which it is considered those provisions more properly belong.

5. The attached Table of Correspondence shows in detail the variations between the provisions of this Ordinance and those of the English Acts on which it is based.

C. G. ALABASTER,

Attorney General.

May. 1935.

...

་ ་

V

1457

TABLE OF CORRESPONDENCE

BETWEEN

THE FALSIFICATION OF DOCUMENTS ORDINANCE, 1935,

AND

CERTAIN SECTIONS OF:-

The Corrupt Practices (Documentary) Ordinance, 1865 (No. 4 of 1865), The Larceny Ordinance, 1865 (No. 5 of 1865),

The Revenue Act, 1883 (46 and 47 V. c. 55),

The Falsification of Accounts Act, 1875 (38 and 39 V. c. 24), The Banking Companies' (Shares) Act, 1867 (30 and 31 V. c. 29),

and

The Forgery Act, 1861 (24 and 25 V. c. 98),

showing the variations from the English provisions.

Section of

Section

Corres-

Ordinance

of new Ordinance.

ponding

No. 4 of

English

1865.

provision.

Remarks.

1

2

46 & 47 V. c. 55, s. 17.

No. 5 of

38 & 39

V. c. 24, s. 1.

1865, s. 74.

Short title.

"Bills of Exchange Ordinance, 1885" for "Bills of Ex-

change Act, 1882". "Sec- tion for "Act" (in the proviso). "Colonial Trea- surer' for "H.M. Pay- master General'.

"Every person who" for "if any, etc." in this and sub- sequent sections, wherever words of similar import are used.

'officer' omitted for conformity with Larceny Ordinance, 1935 (cf. 6 & 7 G. 5, c. 50, s.17).

"shall wilfully and" omitted. "in the name of" inserted before "on behalf of" (in para (a): cf. 6 & 7 G. 5, c. 50, s. 17).

wording of para. (a) otherwise amended on the lines of 6 & 7 G. 5, c. 50, s. 17.

"in" and "from or" omitted

(in para (b)).

"then in every case the person so offending" omitted.

"on conviction thereof" added here and wherever the same wording occurs in punishment clause.

"imprisonment" for "penal servitude" here and wher- ever occurring.

Definition of "valuable secur- ity" added (v. 38 & 39 V. c. 24, s. 3).

1458

Table of Correspondence,-Continued.

Section of

Section

Corres-

Ordinance.

of new Ordinance

ponding

No. 4 of

1865.

English

provision.

Remarks.

4

30 & 31

"in the capital stock.

V. c. 29, s. 1.

joint stock

5

7

24 & 25 V. c. 98, S. 5.

6

8

24 & 25

V. c. 98,

s. 6.

7

30

24 & 25

00

37

9

38

V. c. 98, s. 28.

24 & 25

V. c. 98, s. 36.

24 & 25

V. c. 29,

s. 37.

Ordinance" for "in any

letters

patent" (cf. s. 5 infra).

"names" for "name or names

and "persons" for "person or persons" (v. No. 31 of 1911, s. 36).

"liable to imprisonment, etc." for "punished accordingly" (v. No. 1 of 1898, s. 5).

"Every person who"- -V. note

to s. 3 supra.

(1) wilfully" omitted here and wherever used with "know- ingly" or "with intent", to avoid duplication. "any bank in this Colony.. Ordinance" for "the Bank of England or the Bank of Ireland".

"money deposited in such bank, etc." for "annuities, or other public funds....... Bank of Ireland".

"with intent to defraud" trans- ferred to governing clause.

(3) "of or" omitted after "in-

terest".

"amount to which

entitled" for "entitled to".

"with intent to defraud" trans- ferred to governing clause.

(2) "of law or equity" omitted

after "court".

"is" for "now is or hereafter

shall be".

"this Colony" for "England or

Ireland".

"or shall forge or counterfeit the seal of or belonging to any register office or burial board" omitted-v. No. 11 of 1922, s. 7 (2) (a).

"forged, or altered" omitted. v.

preceding note.

Section

of new Ordinance.

1459

Table of Correspondence,-Continued.

Section of Ordinance

Corres-

No. 4 of

1865.

ponding English provision.

Remarks.

10

44

24 & 25

follows No. 4 of 1865, s. 44.

V. c. 98,

S. 44.

11

49

24 & 25

follows 6 & 7 G. 5, c. 50, s. 35.

V. c. 98,

s. 49.

12

50

24 & 25

V. c. 98,

s. 51.

13

14

15

"Ordinance" for "Act".

"or magistrate" added after

"court".

"may" for "it shall be lawful

for".

"if it shall think fit" omitted.

"section" for "clause" (pro-

viso).

Substitutes, in No. 11 of 1922, a short section giving effect in this Colony to the pro- visions, where applicable, of s. 48 of 24 & 25 V. c. 98, in place of old s. 48 of No. 4 of 1865, where those provisions were enacted in detail.

Amendment of Form No. 21 in Appendix to First Schedule to Ordinance No. 17 of 1919.

Repeal of Ordinance No. 4 of

1865.

1460

Short title.

Definition.

6 & 7 Geo.

5, c. 50, s. 1.

A BILL

INTITULED

[No. 32:-27.5.35.-5]

An Ordinance to consolidate, amend and simplify the law

relating to larceny and kindred offences.

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

1. This Ordinance may be cited as the Larceny Ordinance, 1935.

2. For the purposes of this Ordinance-

(1) A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof: Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner:

(2)-(i) "Takes" includes obtaining the possession- (a) by any trick;

(b) by intimidation;

(c) under a mistake on the part of the owner with knowl- edge on the part of the taker that possession has been so obtained;

(d) by finding, where at the time of the finding the finder believes that the owner can be discovered by taking reasonable steps;

(ii) "Carries away" includes any removal of anything from the place which it occupies, but in the case of a thing attached, only if it has been completely detached;

(iii) "Owner" includes any part owner, or person having possession or control of, or a special property in, anything capable of being stolen:

(3) Everything which has value and is the property of any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen: Provided that-

(a) save as hereinafter expressly provided with respect to fixtures, growing things, and ore from mines, anything attached to or forming part of the realty shall not be capable of being stolen by the person who severs the same from the realty, unless after severance he has abandoned possession thereof; and

(b) the carcase of a creature wild by nature and not reduced into possession while living shall not be capable of being stolen by the person who has killed such creature, unless after killing it he has abandoned possession of the carcase.

3. In this Ordinance-

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(1)(a) "Inspector General of Police" shall include any person authorised by such said Inspector General of Police to act in his behalf:

(b) "Document of title to goods" includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certi- ficate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the pos- sessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to:

deed, map,

(c) "Document of title to lands' includes any roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate :

(d) "Night" means the interval between nine o'clock in the evening and six o'clock in the morning of the next succeed- ing day:

(e) "Property" includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such con- version or exchange, whether immediately or otherwise :

                           trust (f) "Trustee" means a trustee on some express created by some deed, will, or instrument in writing, and in- cludes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and ad- ministrator, and an official receiver, assignee, liquidator, or other like officer acting under any present or future Ordinance relating to joint stock companies or bankruptcy :

(g) "Valuable security" includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of His Majesty's Dominions, or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company, or society, whether within or without His Majesty's Dominions, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order, or other security for payment of money, or any accountable receipt, release, o: discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods as herein-before defined.

(2) "Dwelling-house" does not include a building al- though within the same curtilage with any dwelling-house an occupied therewith unless there is a communication between such building and dwelling-house, either immediate or by means of a covered and enclosed passage leading from one to the other.

Interpreta- tion.

6 & 7 Geo. 5,

c. 50, s. 46.

Simple

lai ceny.

c. 50, s. 2.

1462

4. Stealing for which no special punishment is provided. under this or any other Ordinance for the time being in force 6 & 7 Geo. 5, shall be simple larceny and a felony punishable with imprison- ment for any term not exceeding five years, and the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable.

(cf. No. 3 of 1903).

Larceny of cattle.

6 & 7 Geo. 5,

Larceny of cattle and other animals.

5. Every person who steals any horse, cattle, or sheep shall be guilty of felony and on conviction thereof liable to c. 50, s. 3.' imprisonment for any term not exceeding fourteen years. In this section "cattle' includes colts, geldings, asses, mules, hinnies, buffaloes, goats, pigs and other animals.

Killing animals

with intent

to steal.

6 & 7 Geo. 5,

c. 50, s. 4.

Larceny, etc., of dogs.

24 & 25 Vict,

c. 96, ss. 18 and 19.

6. Every person who wilfully kills any animal with intent to steal the carcase, skin, or any part of the animal killed, shall be guilty of felony, and on conviction thereof liable to the same punishment as if he had stolen such animal, provided that the offence of stealing the animal so killed would have amounted to felony.

7.-(1) Every person who-

(a) steals any dog; or

(b) unlawfully has in his possession or on his premises. any stolen dog, or the skin thereof, knowing such dog or 6 & 7 Geo. 5, skin to have been stolen;

c. 50, s. 5.

Larceny of

bird or beast ordi-

narily kept in confine- ment.

24 & 25

Vict. c. 96, s. 21.

shall on summary conviction be liable to imprisonment for any term not exceeding six months, or to a fine, over and above the value of the dog, of two hundred and fifty dollars.

(2) Every person who-

(a) having been convicted of any such offence, either against this or any former Ordinance, afterwards commits either of the offences mentioned in sub-section (1); or

(b) corruptly takes any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any stolen dog, or any dog which is in the possession of any person not being the owner thereof; shall be guilty of a misdemeanor, and on conviction thereof liable to imprisonment for any term not exceeding eighteen months.

8.-(1) Every person who--

(a) steals any bird, beast or other animal ordinarily kept in a state of confinement or for any domestic purpose, not being the subject of larceny at common law; or

(b) wilfully kills any such bird, beast, or animal, with intent to steal the same or any part thereof,

shall upon summary conviction be liable to imprisonment for any term not exceeding six months, or to pay, over and above the value of the bird, beast, or other animal, a fine not exceed- ing two hundred and fifty dollars.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence under this section shall be guilty of a misdemeanor, and on conviction thereof liable to im- prisonment for any term not exceeding twelve months.

1463

of person

found in

9. (1) If any such bird or any of the plumage thereof, Punishment or any dog, or any such beast, or the skin thereof, or any such animal or any part thereof, is found in the possession or on the possession premises of any person, a magistrate may restore the same respectively to the owner thereof.

(2) Every person in whose possession or on whose pre- mises such bird or the plumage thereof, or such beast or the skin thereof, or such animal or any part thereof, is so found (such person knowing that the bird, beast or animal has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skin of a stolen beast, or that the part is a part of a stolen animal), shall upon summary con- viction be liable, for the first offence, to such fine, and for every subsequent offence, to such punishment as any person convicted of stealing any beast or bird is made liable to by section 8.

of stolen bird, etc.

24 & 25 Vict. c. 96, s. 22.

or pigeon.

10. Every person who unlawfully and wilfully kills, Killing wounds or takes any house-dove or pigeon in such circum- house-dove stances as do not amount to larceny at common law shall 24 & 25 upon summary conviction be liable to a fine, over and Vict. c. 96, above the value of the bird, not exceeding twenty-five dollars. s. 23.

11. Every person who unlawfully and wilfully takes or Taking fish. destroys any fish in any water which is private property shall 24 & 25 on summary conviction be liable to a fine, over and above the Vict. c. 96, value of the fish taken or destroyed, not exceeding twenty-five dollars.

12. Every person who unlawfully and wilfully-

s. 24.

oysters.

(a) uses any dredge, net, instrument or engine what- Dredging, soever, within the limits of any oyster bed, laying or fishery, etc., for being the property of any other person, for the purpose of 24 & 25 taking oysters or oyster brood, although none shall actually Vict. c. 96, be taken; or

(b) drags with any net, instrument or engine upon the ground or soil of any such fishery,

shall on summary conviction be liable to imprisonment for any term not exceeding three months.

Larceny of written instruments.

s. 26.

Vict. c. 96,

13. (1) Every person who steals, or for any fraudulent Larceny, purpose destroys, cancels, obliterates or conceals, the whole etc., of wills.. or any part of any will, codicil or other testamentary instru- 24 & 25 ment, either of a dead or of a living person, shall be guilty s. 29. of felony and on conviction thereof liable to imprisonment 6 & 7 Geo. 5, for life.

c. 50, s. 6.

(2) Nothing in this section or in section 14, nor any pro- ceeding, conviction or judgment to be had or taken thereupon shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by any such offence might or would have had if this Ordinance had not been passed; but no conviction of any such offender shall be received in evidence in any action against him.

Larceny, etc., of documents

of title to land and

other legal documents.

24 & 25

Vict. c. 96, ss. 28 &

30.

c. 50, s. 7.

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14. Every person who steals, or for any fraudulent purpose takes from its place of deposit for the time being, or from any person having the lawful custody thereof, or unlaw- fully and maliciously destroys, cancels, obliterates or conceals, the whole or any part of-

(a) any document of title to lands; or

(b) any record, writ, return, panel, petition, process, 6 & 7 Geo, 5, interrogatory, deposition, affidavit, rule, order, warrant of attorney, or any original document of or belonging to any court, or relating to any cause or matter, civil or criminal, begun, depending, or terminated in any such court; or

Fraudulent destruction, etc., of valuable security.

24 & 25

Vict. c. 96, s. 27.

Larceny, etc., of

fixtures, trees, etc.

(c) any original document relating to the business of any office or employment under His Majesty, and being or remaining in any office appertaining to any court or in any government or public office;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding five years.

15. Every person who for any fraudulent purpose des- troys, cancels, or obliterates, the whole or any part of any valuable security, other than a document of title to lands, shall be guilty of felony, of the same nature and in the same degree and punishable in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen, or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned, or referred to in or by the security.

Larceny of things attached to or growing on land.

16. Every person who-

(1) steals, or, with intent to steal, rips, cuts, severs or

6 & 7 Geo. 5, breaks- c. 50, s. 8.

(a) any glass or woodwork belonging to any building; or (b) any metal or utensil or fixture, fixed in or to any building; or

(c) anything made of metal fixed in any land being private property, or as a fence to any dwelling-house, garden or area, er in any square or street, or in any place dedicated to public use or ornament, or in any burial-ground:

(2) steals, or, with intent to steal, cuts, breaks, roots up or otherwise destroys or damages the whole or any part of any tree, sapling, shrub, or underwood growing-

(a) in any place whatsoever, the value of the article stolen or the injury done being to the amount of fifty cents at the least, after two previous summary convictions of any such offence; or

(b) in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwell- ing-house, the value of the article stolen or the injury done exceeding the amount of ten dollars; or

(c) in any place whatsoever, the value of the article stolen or the injury done exceeding the amount of fifty dollars :

1465

(3) steals, or with intent to steal, destroys or damages any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, nursery-ground, hothouse, greenhouse or conservatory, after a previous summary con- viction of any such offence;

shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.

small tree,

growing.

17.-(1) Every person who steals, cuts, breaks, roots Larceny, up, or otherwise destroys or damages with intent to steal, the etc., of whole or any part of any tree, sapling, shrub, or underwood etc., growing in any place whatsoever, the value of the article stolen wherever or the injury done being to the amount of fifty cents at the 24 & 25 least, shall on summary conviction be liable to a fine, over Vict. c. 96, and above the value of the article stolen or the amount of the s. 33. injury done, not exceeding fifty dollars.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section, shall upon conviction thereof in like manner be liable to imprisonment for any term not exceeding six months.

etc., of

Vict. c. 96,

18.-(1) Every person who steals, cuts, breaks, or throws Larceny, down with intent to steal, any part of any live or dead fence, live or dead or any wooden post, pale, wire, or rail set up or used as a fence, etc. fence, or any stile or gate, or any part thereof respectively, 24 & 25 shall on summary conviction be liable to a fine, over and above s. 34. the value of the article stolen or the amount of the injury done, not exceeding one hundred dollars or to imprisonment for any term not exceeding three months.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section shall on con- viction thereof in like manner be liable to imprisonment for any term not exceeding six months.

Suspected person in

and not

19. If the whole or any part of any tree, sapling, shrub, or underwood, or any part of any live or dead fence, or any possession of post, pale, wire, rail, stile, or gate, or any part thereof, being tree etc., of the value of fifty cents at the least, is found in the possession accounting of any person, or on the premises of any person, with his know- for it. ledge, and such person, being taken or summoned before a 24 & 25 magistrate, does not satisfy him that he came lawfully by the s. 35. same, he shall be liable to a fine, over and above the value of the article so found, not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

Vict. c. 96,

etc., of

24 & 25

20. Every person who steals, or, with intent to steal, Larceny, destroys or damages any plant, root, fruit, or vegetable pro: plant, etc., duction growing in any garden, orchard, pleasure ground, growing in nursery ground, hothouse, greenhouse or conservatory shall garden, etc. on summary conviction be liable to imprisonment for any term Vict. c. 96, not exceeding six months, or to a fine, over and above the value s. 36. of the article stolen or the amount of the injury done, not exceeding two hundred and fifty dollars.

cultivated

21.-(1) Every person who steals, or, with intent to Larceny, steal, destroys or damages any cultivated root or plant used for etc., of the food of man or beast, or for medicine, or for distilling, or plant, etc., for dyeing, or for or in the course of any manufacture, and not growing

in garden. growing in any land, open or enclosed, not being a garden, 24 & 25 orchard, pleasure ground, or nursery ground, shall on summary Vict. c. 96, conviction be liable to imprisonment for any term not exceed- s. 37.

Larceny of goods in process of

c. 50, s. 9.

1466

ing one month, or to a fine, over and above the value of the article stolen or the amount of the injury done, not exceeding ten dollars.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section shall, on con- viction thereof in like manner, be liable to imprisonment for any term not exceeding six months.

Larceny of goods in process of manufacture.

22. Every person who steals, to the value of five dollars, any woollen, linen, hempen or cotton yarn, or any goods or manufacture. article of silk, woollen, linen, cotton, alpaca or mohair, or of 6 & 7 Geo. 5, any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed or exposed, during any stage, process or progress of manufacture in any building, field, or other place, shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

Abstracting

of elec- tricity.

6 & 7 Geo. 5, c. 50, s. 10.

Larceny,

etc., of ore from mines.

6 & 7 Geo. 5, c. 50, s. 11.

24 & 25

Vict. c. 96, s. 39.

Larceny in dwelling-

houses.

6 & 7 Geo. 5,

c. 50, s. 13.

Larceny

from the

person.

6 & 7 Geo. 5,

c. 50, s. 14.

Larceny of electricity.

23. Every person who maliciously or fraudulently ab- stracts, causes to be wasted or diverted, consumes or uses any electricity shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.

Larceny from mines.

24. Every person who-

(a) steals, or severs with intent to steal, the ore of any metal, or any other mineral from any mine bed or vein thereof; (b) being employed in or about any mine, takes, removes or conceals the ore of any metal or any other mineral found or being in such mine, with intent to defraud any proprietor of or adventurer in such mine, or any workman or miner em- ployed therein;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding two years.

Larceny in dwelling-houses.

25. Every person who steals in any dwelling-house any chattel, money, or valuable security shall-

(a) if the value of the property stolen amounts to fifty dollars; or

(b) if he by any menace or threat puts any person being in such dwelling-house in bodily fear;

be guilty of felony and on conviction thereof liable to im- prisonment for any term not exceeding fourteen years.

Larceny from the person.

26. Every person who steals any chattel, money, or valu- able security from the person of another shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

1467

Larceny from ships, wharves, etc.

27. Every person who steals-

Larceny from ships,

(1) any goods in any vessel, barge or boat of any descrip- docks, etc. tion in any haven or any port of entry or discharge or upon any 6 & 7 Geo. 5, navigable river or canal or in any creek or basin belonging to or communicating with any such haven, port, river, or canal;

or

(2) any goods from any dock, wharf or quay adjacent to any such haven, port, river, canal, creek, or basin; or

(3) any part of any vessel in distress, wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such vessel;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

c. 50, s. 15.

possession of

28. If any goods, merchandise, or articles of any kind Persons in belonging to any vessel in distress, wrecked, stranded, or shipwrecked cast on shore, are found in the possession of any person or on goods not the premises of any person with his knowledge, and such per- satisfactory

                              giving a son, being taken or summoned before a magistrate, does not account. satisfy him that he came lawfully by the same, then the same 24 & 25 shall, by order of the magistrate, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender shall on summary conviction of such offence be liable to im- prisonment for any term not exceeding six months, or to a fine, over and above the value of the goods, merchandise, or arti- cles, not exceeding two hundred and fifty dollars.

Vict. c. 96,

s. 65.

wrecked

29.-(1) If any person offers or exposes for sale any Power to goods, merchandise, or articles whatsoever which have been seize ship- unlawfully taken, or are reasonably suspected so to have been goods offered taken, from any vessel in distress, wrecked, stranded, or cast for sale. on shore, in every such case any person to whom the same are 24 & 25 offered for sale, or any revenue or police officer may lawfully s. 66. seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to a magistrate.

(2) If the person who has offered or exposed the same for sale, being summoned by the magistrate, does not appear and satisfy him that he came lawfully by such goods, merchandise, or articles then the same shall, by order of the magistrate, be forthwith delivered over to or for the use of the rightful owner thereof, on payment of a reasonable reward (to be ascertained by the magistrate) to the person who seized the same; and the offender shall on summary conviction of such offence be liable to imprisonment for any term not exceeding six months, or to a fine, over and above the value of the goods, merchandise, or articles, not exceeding two hundred and fifty dollars.

Vict. c. 96,

In this section, "revenue officer" has the same No. 2 of meaning as in the Revenue Officers Power of Arrest Ordinance, 1917. 1917.

Larceny by tenants and lodgers.

lodgers.

30. Every person who, being a tenant or lodger, or the Larceny by husband or wife of any tenant or lodger, steals any chattel tenants or or fixture let to be used by such person in or with any house 6 & 7 Geo. 5, or lodging shall be guilty of felony and on conviction thereof c. 50, s. 16. liable-

(a) if the value of such chattel or fixture exceeds the sum of fifty dollars, to imprisonment for any term not exceeding seven years;

(cf. No. 3 of 1903).

Larceny and em- bezzlement by clerks or servants.

6 & 7 Geo. 5, c. 50, s. 17.

(cf. No. 3 of 1903).

1468

(b) in all other cases, to imprisonment for any term not exceeding two years;

(c) in any case, if a male under the age of sixteen years, to be once privately whipped in addition to any other punish- ment to which he may by law be liable.

Embezzlement,

31. Every person who-

(1) being a clerk or servant or person employed in the capacity of a clerk or servant-

(a) steals any chattel, money or valuable security belong. ing to or in the possession or power of his master or employer;

or

(b) fraudulently embezzles the whole or any part of any chattel, money or valuable security delivered to or received or taken into possession by him for or in the name or on the account of his master or employer:

(2) being a public servant-

(a) steals any chattel, money, or valuable security belong- ing to or in the possession of His Majesty or entrusted to or received or taken into possession by such person by virtue of his employment; or

(b) embezzles or in any manner fraudulently applies or disposes of for any purpose whatsoever except for the public service any chattel, money or valuable security entrusted to or received or taken into possession by him by virtue of his employment:

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years, and in the case of a clerk or servant or person employed for the purpose or in the capacity of a clerk or servant, if a male under the age of sixteen years, to be once privately whipped in addition to any other punishment to which he may by law be liable.

Conversion.

6 & 7 Geo. 5, c. 50, s. 20.

Conversion.

32.-(1) Every person who-

(i) being entrusted either solely or jointly with any other person with any power of attorney for the sale or transfer of any property, fraudulently sells, transfers, or otherwise con- verts the property or any part thereof to his own use or benefit, or the use or benefit of any person other than the person by whom he was so entrusted; or

(ii) being a director, member or officer of any body cor- porate or public company, fraudulently takes or applies for his own use or benefit, or for any use or purposes other than the use or purposes of such body corporate or public company, any of the property of such body corporate or public com- pany; or

(iii)-(a) being entrusted either solely or jointly with any other person with any property in order that he may retain in safe custody or apply, pay, or deliver, for any purpose or to any person, the property or any part thereof or any proceeds thereof; or

A

1469

(b) having either solely or jointly with any other person. received any property for or on account of any other person: fraudulently converts to his own use or benefit, or the use or benefit of any other person, the property or any part thereof or any proceeds thereof;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

(2) Nothing in paragraph (iii) of sub-section (1) of this section shall apply to or affect any trustee under any express trust created by a deed or will, or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage.

c. 50, s. 21.

33. Every person who, being a trustee as herein-before Conversion defined, of any property for the use or benefit either wholly or by trustee. partially of some other person, or for any public or charitable 6 & 7 Geo, 5, purpose, with intent to defraud converts or appropriates the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charit- able purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a mis- demeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years: Provided that no prosecution for any offence included in this section shall be commenced--

(a) by any person without the sanction of the Attorney General;

(b) by any person who has taken any civil proceedings against such trustee, without the sanction also of the court or judge before whom such civil proceedings have been had or are pending.

advances on

34. (1) Every person who, being a factor or agent en- Factors ob- trusted either solely or jointly with any other person for the taining purpose of sale or otherwise, with the possession of any goods the property or of any document of title to goods contrary to or without the of their authority of his principal in that behalf for his own use or 6 & 7 Geo. 5, benefit, or the use or benefit of any person other than the c. 50, s. 22. person by whom he was so entrusted, and in violation of good faith-

(i) consigns, deposits, transfers, or delivers any goods or document of title so entrusted to him as and by way of a pledge, lien, or security for any money or valuable security borrowed or received, or intended to be borrowed or received by him; or

(ii) accepts any advance of any money or valuable secur- ity on the faith of any contract or agreement to consign, deposit, transfer, or deliver any such goods or document of title;

    a misdemeanor and shall be guilty of a

                    on conviction thereof liable to imprisonment for any term not exceeding seven years: Provided that no such factor or agent shall be liable to any prosecution for consigning, depositing, transferr- ing or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such consignment, deposit, transfer, or delivery, was justly due and owing to such agent from his principal,

principals.

Keeping by director, etc., of

fraudulent

accounts.

24 & 25

Vict. c. 96, s. 82.

Fraudulent destruction by director etc., of books, etc. 24 & 25 Vict. c. 96, s. 83.

1470

together with the amount of any bill of exchange drawn by of on account of such principal and accepted by such factor or agent.

(2)(a) Any factor or agent entrusted as aforesaid and in possession of any document of title to goods shall be deemed to have been entrusted with the possession of the goods repre- sented by such document of title.

(b) Every contract pledging or giving a lien upon such document of title as aforesaid shall be deemed to be a pledge of and lien upon the goods to which the same relates.

(c) Any such factor or agent as aforesaid shall be deemed to be in possession of such goods or documents whether the same are in his actual custody or are held by any other person subject to his control, or for him or on his behalf.

(d) Where any loan or advance is made in good faith to any factor or agent entrusted with and in possession of any such goods or document of title on the faith of any contract or agreement in writing to consign, deposit, transfer, or deliver such goods or documents of title and such goods or documents of title are actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or documents of title and within the meaning of this section, though such goods or documents of title are not actually received by the person making such loan or advance till the period subsequent thereto.

(e) Any payment made whether by money or bill of ex- change or other negotiable security shall be deemed to be an advance within the meaning of this section.

(f) Any contract or agreement whether made direct with such factor or agent as aforesaid or with any person on his behalf shall be deemed to be a contract or agreement with such factor or agent.

(g) Any factor or agent entrusted as aforesaid, and in possession of any goods or document of title to goods shall be deemed, for the purposes of this section, to have been entrusted therewith by the owner thereof, unless the contrary be shown in evidence.

35. Every person who, being a director, public officer, or manager of any body corporate or public company, as such receives or possesses himself of any of the property of such body corporate or public company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits to make or to cause or direct to be made a full and true entry thereof in the books and accounts of such body corporate or public company, shall be guilty of a misdemeanor and on con- viction thereof liable to imprisonment for any term not ex- ceeding seven years.

36. Every person who, being a director, manager, public officer, or member of any body corporate or public company, with intent to defraud, destroys, alters, mutilates, or falsifies any book, paper, writing, or valuable security belonging to the body corporate or public company, or makes or concurs in the making of any false entry, or omits or concurs in omitting any material particular, in any book of account or other document, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

1471

directors,

24 & 25 Vict. c. 96,

s. 84.

37. Every person who, being a director, manager, or Making by public officer of any body corporate or public company, makes, etc., of circulates, or publishes, or concurs in making, circulating, or fraudulent publishing, any written statement or account which he knows statements. to be false in any material particular, with intent to deceive or defraud any member, shareholder, or creditor of such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to en- trust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

38. Nothing in any of sections 32, 33, 34, 35, 36 or 37 No person

to be exempt of this Ordinance shall enable or entitle any person to refuse from answer- to make a full and complete discovery, or to answer question or interrogatory in any civil proceeding in court, or on the hearing of any matter in bankruptcy insolvency.

any ing questions in any court. any 24 & 25

or Vict. c. 96,

s. 85.

remedies at

s. 86.

39. Nothing in any of sections 32, 33, 34, 35, 36, 37 Saving of or 38 of this Ordinance, nor any proceeding, conviction, or law or in judgment to be had or taken thereon against any person equity. under any of the said sections, shall prevent, lessen, or 24 & 25 impeach any remedy at law or in equity which any party Vict. c. 96, aggrieved by any offence against any of the said sections might have had if this Ordinance had not been passed; but no conviction of any such offender shall be received in evidence in any action against him; and nothing in the said sections shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappro- priated.

Robbery, house-breaking, etc.

40.-(1) Every person who-

Robbery.

6 & 7 Geo. 5,

(a) being armed with any offensive weapon or instrument, c. 50, s. 23. or being together with one other person or more, robs, or assaults with intent to rob, any person;

(b) robs any person and, at the time of or immediately before or immediately after such robbery, uses any personal violence to any person;

shall be guilty of felony and on conviction thereof liable to imprisonment for life, and, in addition, if a male, to be (cf. No. 3 once privately whipped.

(2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

(3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding five years.

41. Every person who-

of 1903).

Sacrilege.

6 & 7 Geo. 5,

(1) breaks and enters any place of divine worship and c. 50, s. 24. commits any felony therein; or

(2) breaks out of any place of divine worship, having committed any felony therein;

Burglary.

6 & 7 Geo. 5, c. 50, s. 25.

House- breaking

and com-

mitting

felony.

c. 50, s. 26.

1472

shall be guilty of felony called sacrilege and on conviction thereof liable to imprisonment for life.

42. Every person who in the night-

(1) breaks and enters the dwelling-house of another with intent to commit any felony therein; or

(2) breaks out of the dwelling-house of another, having----

(a) entered the said dwelling-house with intent to commit any felony therein; or

(b) committed any felony in the said dwelling-house ;

shall be guilty of felony called burglary and on conviction thereof liable to imprisonment for life.

43. Every person who-

(1) breaks and enters any dwelling-house, or any building within the curtilage thereof and occupied therewith, or any

6 & 7 Geo. 5, school-house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any building be- longing to His Majesty, or to any Government, Naval, Military or Air Force Department, and commits any felony therein; or

House- breaking with intent

to commit felony. 6 & 7 Geo. 5, c. 50, s. 27.

Being found by night, armed or in possession of house- breaking implements. 6 & 7 Geo. 5, c. 50, s. 28.

(2) breaks out of the same, having committed any felony therein;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

44. Every person who, with intent to commit any felony therein,-

(1) enters any dwelling-house in the night; or

(2) breaks and enters any dwelling-house, place of divine worship or any building within the curtilage, or any school- house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government, Naval, Military or Air Force Department;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years.

45. Every person who is found by night-

(1) armed with any dangerous or offensive weapon or instrument, with intent to break or enter into any building and to commit any felony therein; or

(2) having in his possession without lawful excuse (the proof whereof shall lie on such person) any key, picklock, crow, jack, bit, or other implement of house-breaking; or

(3) having his face blackened or disguised with intent to commit any felony; or

(4) in any building with intent to commit any felony therein;

1473

shall be guilty of a misdemeanor and on conviction thereof liable-

(a) if he has been previously convicted of any such mis- demeanor or of any felony, to imprisonment for any term not exceeding ten years;

(b) in all other cases, to imprisonment for any term not exceeding five years.

46.-(1) Every person who-

Demanding money, with

menaces.

etc.,

(i) utters, knowing the contents thereof, any letter or writing demanding of any person with menaces, and without 6 & 7 Geo. 5, any reasonable or probable cause, any property or valuable c. 50, s. 29. thing;

(ii) utters, knowing the contents thereof, any letter or writing accusing or threatening to accuse any other person (whether living or dead) of any crime to which this section applies, with intent to extort or gain thereby any property or valuable thing from any person;

(iii) with intent to extort or gain any property or valuable thing from any person accuses or threatens to accuse either that person or any other person (whether living or dead) of any such crime;

shall be guilty of felony and on conviction thereof liable to imprisonment for life, and, if a male under the age of sixteen years, to be once privately whipped in addition to (cf. No. 3 any other punishment to which he may by law be liable.

(2) Every person who with intent to defraud or injure any other person-

(a) by any unlawful violence to or restraint of the person of another, or

(b) by accusing or threatening to accuse any person (whether living or dead) of any such crime or of any felony,

compels or induces any person to execute, make, accept, en- of any valuable dorse, alter, or destroy the whole or any part security, or to write, impress, or affix the name of any person, company, firm or co-partnership, or the seal of any body corporate, company or society upon or to any paper or parch- ment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, shall be guilty of felony and on conviction thereof liable to imprisonment for life.

(3) This section applies to any crime punishable with death, or imprisonment for not less than seven years, or any assault with intent to commit any rape, or any attempt to commit any rape, or any solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the abominable crime of buggery, either with mankind or with any animal.

(4) For the purposes of this Ordinance it is immaterial whether any menaces or threats be of violence, injury, or accusation to be caused or made by the offender or by any other person.

of 1903).

Demanding with

menaces,

1474

47. Every person who with menaces or by force demands

of any person anything capable of being stolen with intent to

with intent steal the same shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding

to steal.

6 & 7 Geo. 5,

c. 50, s. 30.

Threatening to publish, with intent to extort.

6 & 7 Geo. 5, c. 50, s. 31.

False pre- tences.

6 & 7 Geo. 5, c. 50, s. 32.

Obtaining credit by fraud, etc.

32 & 33

Vict. c. 62,

s. 13.

(cf. No. 10

of 1931, s. 134).

16 & 17 Geo.

five

years.

48. Every person who with intent-

(a) to extort any valuable thing from any person, or

(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,

(1) publishes or threatens to publish any libel upon any other person (whether living or dead); or

(2) directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead);

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding two years.

False pretences.

49. Every person who by any false pretence-

(1) with intent to defraud, obtains from any other person any chattel, money, or valuable security, or causes or procures any money to be paid, or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or

(2) with intent to defraud or injure any other person, fraudulently causes or induces any other person-

(a) to execute, make, accept, endorse, or destroy the whole or any part of any valuable security; or

(b) to write, impress, or affix his name or the name of any other person, or the seal of any body corporate or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding five years.

50. Every person who-

(a) in incurring any debt or liability obtains credit under false pretences or by means of any other fraud; or

(b) with intent to defraud his creditors or any of them, makes or causes to be made any gift, delivery, or transfer of, or any charge on his property; or

(c) with intent to defraud his creditors, conceals or re- moves any part of his property after or within two months before the date of any unsatisfied judgment or order for pay- ment of money obtained against him; or

     (d) with intent to defraud his creditors or any of them, 5, c. 7, s. 6. causes or connives at the levying of any execution against his

property;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding one year.

1475

Receiving stolen property.

c. 50, s. 33.

51.-(1) Every person who receives any property know- Receiving. ing the same to have been stolen or obtained in any way what- 6 & 7 Geo. 5, soever under circumstances which amount to felony or mis- demeanor, shall be guilty of an offence of the like degree (whether felony or misdemeanor) and on conviction thereof liable-

(a) in the case of felony, to imprisonment for any term not exceeding fourteen years;

(b) in the case of misdemeanor, to imprisonment for any term not exceeding seven years;

(c) in either case, if a male under the age of sixteen (cf. No. 3 years, to be once privately whipped in addition to any other of 1903). punishment to which he may by law be liable.

(2) Every such person may be indicted and convicted, whether the principal offender has or has not been previously convicted, or is or is not amenable to justice.

(3) Every person who, without lawful excuse, knowing the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in this Colony the person committing it would have been guilty of felony or misdemeanor, receives or has in his possession any property so stolen or obtained outside the Colony, shall be guilty of an offence of the like degree (whether felony or mis- demeanor) and on conviction thereof liable to imprisonment for any term not exceeding seven years.

perty, where

52. Where the stealing or taking of any property what- Receivers of soever is by this Ordinance punishable on summary conviction, stolen pro- either for every offence, or for the first and second offence the first only, or for the first offence only, every person who receives offence, etc., is punishable any such property, knowing the same to be unlawfully come on summary by, shall upon summary conviction be liable, for every first, conviction. second, or subsequent offence of receiving, to the same punish- 24 & 25 ment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by this Ordinance made liable.

Offences relating to rewards.

Vict. c. 96,

s. 97.

reward.

c. 50, s. 34.

53. Every person who corruptly takes any money or re- Corruptly ward, directly or indirectly, under pretence or upon account of taking a helping any person to recover any property which has, under 6 & 7 Geo. 5, circumstances which amount to felony or misdemeanor, been stolen or obtained in any way whatsoever, or received, shall (unless he has used all due diligence to cause the offender to be brought to trial for the same) be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years, and, if a male under the age of sixteen years, to be once privately whipped in addition to any other (cf. No. 3 punishment to which he may by law be liable.

of 1903).

54. Every person who-

Advertising

a reward for return

(1) publicly advertises a reward for the return of any of stolen property whatsoever which has been stolen or lost, and in or lost such advertisement uses any words purporting that no questions 24 & 25 will be asked; or

property.

Vict. c. 96, s. 102.

Accessories and abettors.

6 & 7 Geo. 5, c. 50, s. 35.

24 & 25 Vict. c. 96,

s. 99.

Arrest without warrant.

6 & 7 Geo. c. 50, s. 41.

24 & 25

Vict. c. 96, ss. 103 &

104.

Search

warrants.

c. 50, s. 42.

5,

1476

(2) makes use of any words in any public advertisement purporting that a reward will be given or paid for any property which has been stolen or lost, without seizing or making any inquiry after the person producing such property; or

(3) promises or offers in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost the money so paid or advanced, or any other sum of money or reward for the return of such property; or

(4) prints or publishes any such advertisement, shall on summary conviction be liable to a fine not exceeding one hundred dollars.

Principals in the second degree and accessories, etc.

55. Every person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence punishable either on indictment or on summary conviction under this Ordinance shall be liable to be dealt with, indicted, tried and punished as a principal offender.

Apprehension of offenders.

56.-(1) Any person found committing any offence, punishable either on indictment or on summary conviction, against this Ordinance except an offence under section 48 may be immediately apprehended without a warrant by any person and forthwith taken, together with the property, if

a magistrate to be dealt with according to law.

any, before

(2) Any person to whom any property is offered to be sold, pawned, or delivered, if he has reasonable cause to suspect that any offence has been committed against this Ordin- ance with respect to such property, shall, if in his power, apprehend and forthwith take before a magistrate the person offering the same, together with such property, to be dealt with according to law.

(3) Any constable may take into custody without warrant any person whom he finds lying or loitering in any highway, yard, or other place during the night, and whom he has good cause to suspect of having committed or being about to commit any felony against this Ordinance, and shall take such person as soon as reasonably may be before a magistrate to be dealt with according to law.

Search warrants.

57.-(1) If it is made to appear by information on oath before a magistrate that there is reasonable cause to believe 6 & 7 Geo. 5, that any person has in his custody or possession or on his premises any property whatsoever, with respect to which any offence, punishable either on indictment or on summary con- viction, against this Ordinance has been committed, the magis- trate may grant a warrant to search for and seize the same.

(2)-(a) Any constable may, if authorised in writing by the Inspector General of Police, enter any house, shop, ware- house, yard, or other premises, and search for and seize any property he believes to have been stolen, and, where any pro- perty is seized in pursuance of this section, the person on whose premises it was at the time of seizure or the person from

1477

whom it was taken shall, unless previously charged with re- ceiving the same knowing it to have been stolen, be summoned before a magistrate to account for his possession of such property, and the magistrate shall make such order respecting the disposal of such property and may award such costs as the justice of the case may require.

(b) It shall be lawful for the Inspector General of Police to give such authority as aforesaid-

(i) when the premises to be searched are or within the preceding twelve months have been in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves; or

(ii) when the premises to be searched are in the occupa- tion of any person who has been convicted of any offence involving fraud or dishonesty and punishable with imprison-

ment.

(c) It shall not be necessary for the Inspector General of Police on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a recept- acle for stolen goods.

Miscellaneous.

tion ordered

summa V

Vict. c. 96,

58. Every sum of money which is ordered to be paid on Application any summary conviction for the value of any property stolen of comperisa- or taken, or for the amount of any injury done (such value or on amount to be assessed in each case by the convicting magis- conviction. trate), shall be paid to the party aggrieved, except where he 24 & 25 is unknown, and in that case such sum shall be applied in s. 106. the same manner as a fine: Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a fine.

offenders.

59. Where any person is summarily convicted of any First offence against this Ordinance, and it is a first conviction, the magistrate may, if he thinks fit, discharge the offender from 24 25 96, his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall (cf. No. 41 be ascertained by the magistrate.

Vict. c. s. 108.

of 1932, s. 30).

conviction to bar any

the same

60. Whenever any person convicted of any offence Summary punishable on summary conviction by virtue of this Ordinance pays the sum ordered to be paid, together with costs, under other pro- such conviction, or receives a remission thereof from the ceeding for Governor, or suffers the imprisonment awarded for non-pay- cause. ment thereof or the imprisonment ordered in the first instance, 24 & 25 or is discharged from his conviction by any magistrate as Vict. c. 96, aforesaid, he shall be released from all further or other pro- ceedings for the same cause.

s. 109.

Punishments.

61. (1) Every person who commits the offence of sim- Special ple larceny after having been previously convicted of felony punishments. shall be liable to imprisonment for any term not exceeding ten c. 50, s. 37.

years.

6 & 7 Geo. 5,

No. 6 of

1865.

(cf. No. 3 of 1903).

Procedure.

c. 50, s. 40.

1478

(2) Every person who commits the offence of simple. larceny, or any offence made punishable like simple larceny, after having been previously convicted-

(a) of any indictable misdemeanor punishable under this Ordinance; or

(b) twice summarily of any offence punishable under the Malicious Damage Ordinance, 1865, or under this Ordinance (whether each of the convictions has been in respect of an offence of the same description or not, and whether such convictions, or either of them, have been before or after the passing of this Ordinance);

shall be liable to imprisonment for any term not exceeding

seven years.

(3) In every case in this section before mentioned the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable.

(4)--(a) On conviction of a misdemeanor punishable under this Ordinance the court or magistrate instead of or in addition to any other punishment which may be lawfully imposed, may fine the offender.

(b) On conviction of a felony punishable under this Ordi- nance the court or magistrate, in addition to imposing a sentence of imprisonment, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.

(c) On conviction of a misdemeanor punishable under this Ordinance the court or magistrate, instead of or in addition to any other punishment which may lawfully be imposed for the offence, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.

(d) Provided that a person shall not be imprisoned for more than one year for not finding sureties.

Procedure.

62.--(1) On the trial of an indictment for obtaining or 6 & 7 Geo. 5, attempting to obtain any chattel, money, or valuable security by any false pretence, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the person accused did the act charged with intent to defraud.

(2) An allegation in an indictment that money or bank- notes have been embezzled or obtained by false pretences can, so far as regards the description of the property, be sustained by proof that the offender embezzled or obtained any piece of coin or any banknote or any portion of the value thereof, although such piece of coin or banknote may have been de- livered to him in order that some part of the value thereof should be returned to any person and such part has been returned accordingly.

(3) In an indictment for feloniously receiving any pro- perty under this Ordinance any number of persons who have at different times so received such property or any part thereof may be charged and tried together.

1479

(4) If any person, who is a member of any co-partner- ship or is one of two or more beneficial owners of any property, steals, or embezzles any such property of or belonging to such co-partnership or to such beneficial owners he shall be liable to be dealt with, tried, and punished as if he had not been or was not a member of such co-partnership or one of such beneficial owners.

Evidence.

c. 50, s. 43.

63.-(1) Whenever any person is being proceeded Evidence. against for receiving any property, knowing it to have been 6 & 7 Geo. 5, stolen, or for having in his possession stolen property, for the purpose of proving guilty knowledge there may be given 24 & 25 in evidence at any stage of the proceedings-

(a) the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his possession;

(b) the fact that within the five years preceding the date of the offence charged he was convicted of any offence in- volving fraud or dishonesty.

This last-mentioned fact may not be proved unless-

(i) seven days' notice in writing has been given to the offender that proof of such previous conviction is intended to be given;

(ii) evidence has been given that the property in respect of which the offender is being tried was found or had been. in his possession.

(2) No person shall be liable to be convicted of any offence against sections 13, 14 (a), 32, 33, 34, 35, 36 and 37 of this Ordinance upon any evidence whatever in respect of any act done by him, if at any time previously to his being charged with such offence he has first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity in any action, suit or proceeding which has been bonâ fide instituted by any person aggrieved.

(3) In any proceedings in respect of any offence against sections. 13, 14 (a), 32, 33, 34, 35, 36 and 37 of this Ordinance a statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy shall not be admissible in evidence against that person.

s 85.

c. 96,

conviction.

64. Where any person is charged on any indictment with Evidence as any offence punishable under this Ordinance and committed to previous after a previous conviction for any felony, misdemeanor, or 24 & 25 offence punishable on summary conviction, and, on his trial Viet. c. 96, for the subsequent offence, such person gives evidence of his s. 116. good character, it shall be lawful for the prosecutor, in answer thereto and before the verdict of the jury has been returned, to give evidence of the conviction of such person for the previous offence and the jury shall inquire concerning such previous conviction at the same time as they inquire concern- ing the subsequent offence.

Verdict.

65.-(1) If on the trial of any indictment for robbery it Verdict.

is proved that the defendant committed an assault with intent 6 & 7 Geo. 5, to rob, the jury may acquit the defendant of robbery and find c. 50, s. 44. him guilty of an assault with intent to rob, and thereupon he shall be liable to be punished accordingly.

Restitution.

c. 50, s. 45.

1480

(2) If on the trial of any indictment for any offence against section 31 of this Ordinance (relating to embezzlement) it is proved that the defendant stole the property in question, the jury may find him guilty of stealing, and thereupon he shall be liable to be punished accordingly; and on the trial of any indictment for stealing the jury may in like manner find the defendant guilty of embezzlement or of fraudulent application or disposition, as the case may be, and thereupon he shall be liable to be punished accordingly.

(3) If on the trial of any indictment for stealing it is proved that the defendant took any chattel, money, or valuable security in question in any such manner as would amount in law to obtaining it by false pretences with intent to defraud, the jury may acquit the defendant of stealing and find him guilty of obtaining the chattel, money, or valuable security by false pretences, and thereupon he shall be liable to be punished accordingly.

(4) If on the trial of any indictment for obtaining any chattel, money, or valuable security by false pretences it is proved that the defendant stole the property in question, he shall not by reason thereof be entitled to be acquitted of obtaining such property by false pretences.

(5) If on the trial of any two or more persons indicted for jointly receiving any property it is proved that one or more of such persons separately received any part of such property, the jury may convict upon such indictment such of the said persons as are proved to have received any part of such property.

Restitution.

66.-(1) If any person guilty of any such felony or mis- 6 & 7 Geo. 5, demeanor as is mentioned in this Ordinance, in stealing, taking, obtaining, extorting, embezzling, converting, or disposing of, or in knowingly receiving, any property, is prosecuted to con- viction by or on behalf of the owner of such property, the property shall be restored to the owner or his representatives.

No. 4 of 1896.

(2) In every case in this section referred to the court before whom such offender is convicted shall have power to award from time to time writs of restitution for the said property or to order the restitution thereof in a summary manner: Provided that where goods as defined in the Sale of Goods Ordinance 1896, have been obtained by fraud or other wrongful means not amounting to stealing, the property in such goods shall not revest in the person who was the owner of the goods or his personal representative, by reason only of the conviction of the offender:

And provided that nothing in this section shall apply to the case of-

(a) any valuable security which has been in good faith paid or discharged by some person or body corporate liable to the payment thereof, or, being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person or body corporate for a just and valuable con- sideration without any notice or without any reasonable cause to suspect that the same had been stolen;

(b) any offence against sections 32, 33 and 34 of this Ordinance.

(3) On the restitution of any stolen property if it appears to the court by the evidence that the offender has sold the

1481

stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the offender on his apprehension, the court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser.

Ordinances

67. The Larceny Ordinance, 1865, the Larceny Amend- Repeal of ment Ordinance, 1925, the Larceny Amendment Ordinance, No. 5 of 1928, the Larceny Amendment Ordinance, 1931, and sub- 1865, No. 14 section (5) of section 3 of the Flogging Ordinance, 1903, are repealed.

15 of 1928,

of 1925, No.

No. 8 of 1931, and No. 3 of

1903 s. 3 (5).

68. The enactments specified in the Schedule to this Amend- Ordinance are hereby amended to the extent specified in the ments. third column thereof.

Schedule.

1482

SCHEDULE.

Ordinance.

Short title.

Amendment.

[8. 70.]

No. 10 of 1886. The Peace

No. 7 of 1889.

Preservation Ordinance, 1886.

The Chinese Extradition

Ordinance, 1889.

No. 3 of 1903. The Flogging

Ordinance, 1903.

No. 17 of 1919. The Indict-

ments Ordin- ance, 1919.

In the Second Schedule, the words and figures: "The Larceny Ordinance, 1865, (No. 5 of 1865), sections 29, 30, 31, 32, 33, 38, 39, 40, 42, 43, 44, 45, 46, 47, 49." are repealed, and the words and figures: "The Larceny Ordinance, 1935, sections 25, 26, 40, 41, 42, 43, 44, 45, 46 (1) (i), 47.", are substituted there- for.

In the First Schedule, the words and figures: (c) the Larceny Ordinance, 1865,", in paragraph 26 thereof, and the marginal reference thereto are repealed, and: "(c) the Larceny Ordin- ance, 1935,", and marginal re- ference: "No.

of 1935.",

are substituted therefor.

In section 4 (1), the words and figures: 'section 31 of the Larceny Ordinance, 1865,", and the marginal reference thereto are repealed and: "section 40 (1) of the Larceny Ordinance, 1935", and marginal reference : "Nos. of 1935 and" are substituted therefor.

In

the Appendix to the First Schedule:-the words and figures: "Larceny, contrary to section 54 of the Larceny Ordin- ance, 1865.", in the Statement of Offence in Form No. 6 are repealed, and the words and figures: "Larceny, contrary to section 31, sub-section (1) (a) of the Larceny Ordinance, 1935." are substituted therefor;

the words and figures: Robbery with violence, contrary to section 31 of the Larceny Ordinance, 1865.", in the Statement of Offence in Form No. 7 are repealed, and the words and figures: "Robbery with violence, contrary to section 40, sub- section (1). (b) of the Larceny Ordinance, 1935." are substitut- ed therefor;

the words and figures: "Receiving stolen goods, contrary to section 79 of the Larceny Ordinance, 1865.", in the Second Count, Statement of Offence in Form No. 8, are repealed, and the words and figures: "Receiving stolen goods, contrary to section 51, sub-section (1) of the Larceny Ordinance, 1935. are substitut- ed therefor;

1483

Schedule,-Continued.

Ordinance.

Short title.

Amendment.

the words and figures: "Burglary, and larceny to the value of $25, contrary to sections 40 and 48 of the Larceny Ordinance, 1865.", in the Statement of Offence in Form No. 9 are repealed, and the words and figures: "Burg- lary and Larceny, contrary to sections 25 and 42, sub-section (1) of the Larceny Ordinance, 1935.', are substituted therefor;

Form No. 10 is repealed, and the

following substituted therefor:

10.

!

STATEMENT OF OFFENCE.

Uttering threatening letter

with

A.B.

intent, contrary to section 46, sub-section (1) (ii) of the Larceny Ordinance, 1935.

PARTICULARS OF OFFENCE.

on the

day of

at Victoria in this

Colony, uttered, knowing the contents thereof, a letter or writing threatening to accuse J.N. cf a certain crime, to wit, of having attempted to commit the abomin- able crime of buggery with the said A.B., with intent to extort or gain money from the said J.N.;

to

the words the figures: "Fraudulent conversion of property, contrary section 62 (1)(a) of the Larceny Ordinance 1865.", in the First Count, Statement of Offence, in Form No. 22 are repealed, and the words and figures: "Fraudulent conversion of property, contrary to section 32, sub-section (1) (iii) (a) of the Larceny Ordinance, 1935." are substituted therefor; and

the words and figures: "Fraudulent conversion of property, contrary to section 62 (1) (b) of the Larceny Ordinance, 1865.", in the Second Count, Statement of Offence, in Form No. 22 are repealed, and the words and figures: "Fraudulent conversion of property, contrary to section 32, sub-section (1) (iii) (b) of the Larceny Ordinance, 1935." are substituted therefor.

- 1484

Schedule,-Continued.

Ordinance.

Short title.

Amendment.

No. 32 of 1923. The Forest

Officers Ordin- ance, 1923.

No. 41 of 1932. The

Magistrates Ordinance, 1932.

In

the Schedule as

enacted by Government Notification 573 of 1933 the words and figures: "5 of 1865. The Larceny Ordinance, 1865. s. 23; s. 24; s. 25; s. 26; s. 27 and s. 28.' in the first. second and third columns thereof are repealed and the words and figures:"

of 1935.-The Larceny Ordinance, 1935.-s. 16 (2); s. 17; s. 18; s. 19; s. 20 and S. 21." respectively are sub- stituted therefor.

In section 89, the words and figures: "section 29 of the Larceny Ordin- ance, 1865,', in the first line of sub-section (3) and the marginal reference thereto are repealed, and the words and figures: "section 26 of the Larceny Ordinance, 1935," and marginal reference "Ordinance No.

of 1935." are substituted there- for.

In the Third Schedule, the words. and figures: "Sections 62 to 73 of the Larceny Ordinance, 1865.", in the last two lines thereof, and the marginal re- ference thereto are repealed, and the words and figures: 'sections 32, 33, 34, 35, 36 and 37 of the Larceny Ordinance, 1935.", and marginal reference. "Ordinance No. of 1935." are substituted therefor.

1485

Objects and Reasons.

The object of this Ordinance is to bring the law of Hong Kong relating to larceny into line with the law of England as contained in the Larceny Act, 1861 (24 & 25 Vict. c. 96) and the Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), from both of which the provisions of this Ordinance have been drawn.

The arrangement of the 1916 Act has been followed, and in sections based on the earlier Act but nearly re- sembling other sections in the 1916 Act, the language of the 1916 Act has been adopted in order to secure as far as possible a uniform style throughout the Ordinance.

Sections in the English Acts (e.g. the sections of the 1916 Act relating to postal offences) which deal with matters for which adequate provision has been made in other Ordinances, have not been reproduced in this Ordinance.

A table of correspondence attached to the Bill shows the origin of its various clauses and the nature of the amendments.

May, 1935.

C. G. ALABASTER,

Attorney General.

1486

TABLE OF CORRESPONDENCE

BETWEEN

THE LARCENY ORDINANCE, 1935,

AND

ORDINANCE No. 5 of 1865,

with reference to the Larceny Act, 1916 (6 and 7 G. 5, c. 50), (shown

as A in Table),

and the Larceny Act, 1861 (24 and 25 V. c. 96), (shown as B in

Table)

and also s. 13 of the Debtors Act, 1869, (32 and 33 V. c. 62),

and s. 6 of the Bankruptcy (Amendment) Act, 1926 (16 and 17 G.

5, c. 7).

The section of the previous enactment on which each section of the new Ordinance is based is shown in heavy type.

Section of new

Section of

Corres-

Ordinance ponding

Ordinance.

No. 5 of

English

1865.

provision.

1

Short title.

2

3, 4

A 1

$

3

2, 41

A 46

4

5

Remarks.

"Ordinance" for "Act" in this and subsequent sections wherever it occurs; "the expression" omitted in s.s. (2).

"Unless the context otherwise re

quires" omitted (v. No. 31 of 1911, S. 39E (5)); Inspector General" for "chief officer" of police; A 46 (3) and references to "mail", "mailbag" etc. in A 46 (1) omitted (v. Ordin- ances Nos. 31 of 1911, s. 16, and 7 of 1926, ss. 2 and 26 respective- ly; the substance of old s. 41 is contained in new s.s. (2).

A 2 Wherever the words "penal ser- vitude" appear in the English Act, the word "imprisonment"' has been substituted therefor in this Ordinance (and see S. 61 (infra)).

A 4

B 18, 19 A 5

Words explaining "cattle" added. [cf. R. v. Paty (1 Leach, 72; 2 East P.C. 1074). R. v. Mott (1 Leach 73 n; 2 East P.C. 1075), R. v. Whitney (1 Mood. 3), R. v. Chapple (R. and R. 77)].

English provisions combined. Fine

for first offence of stealing or receiving stolen dog raised to $250 = £20. In this and sub- sequent sections, fines and pro- perty values, translated in Ordin- ance No. 5 of 1865 from sterling into local currency at the rate of 4/-$1, have been expressed in the new Ordinance at the rate of 2/$1 as more nearly applicable to modern conditions; with a standard maximum fine of $250, where this figure approximates to the English maximum.

5

9, 10

A 3

6

CO

11

7

12, 13, 14

1487

Table of Correspondence,-Continued.

Section

of new

Section of Corres- Ordinance ponding

Ordinance. No. 5 of

1865.

English provision.

Remarks.

8

15

B 21

16

B 22

10

17

B 23

11

B 24

12

17 A B 26

13

20

A 6 B 29

14

19, 21

A 7) B 30

B 28

15

18

B 27

16

22, 23,1 24 (3)ĺ

A 8

17

24

B 33

18

25

B 34

Fine raised to $250-£20; "in Eng- land" omitted in s.s. (1) (a), as the words "common law' have the same meaning in Hong Kong as in England.

"fine" for "pecuniary penalty'

s.s. (2).

Fine raised to $25 = £2; "in Eng-

land" omitted (v. s. 8 (supra)).

Simplified to meet local conditions.

As enacted by No. 14 of 1925; amended to make dredging for oysters a summary offence.

Old s. 17A (1) omitted-oysters being now things capable of being stolen under new s. 2 (supra).

English provisions combined; and see new s. 63 (post); Old s. 20 (2) omitted-v. No. 17 of 1919, First Schedule r. 3; "at law or suit in equity" omitted as surplusage.

English provisions combined; "takes from its place of deposit for the time being, or from any person having the lawful custody thereof, or unlawfully and maliciously", omitted from old s. 21, restored; old s. 21 (2) omitted (v. note to new s. 13 supra).

"steals or omitted (v. new s. 4).

Value of article in new s.s. 2 (a) (=

old s. 24 (3)) raised to 50 cents: one shilling; in new s.s. 2 (b)= old s. 23 (1) to $10=£1; and in new s.s. 2 (c) = old s. 23 (2) to $50= £5

s.s. (3) of old s. 24 omitted (v. new s. 16), the corresponding English provision having been repealed by the 1916 Act; value of article in new s.s. (1) raised to 50 cents: one shilling; and the fine raised to $50-£5. In this and the following four sections the word- ing has been slightly amended for uniformity on the lines of the 1916 Act. The maximum punish- ment of six months in old s. 24 (2) is retained in new s.s. (2) as adequate to local conditions, instead of 12 months in the 1861 Act.

Old s. 25 as amended by No. 14 of 1925. Maximum punishment of six months retained (v. s. 17 (supra)).

reta

1488

Table of Correspondence,-Continued.

Section

of new Ordinance.

Section of Corres- Ordinance ponding

No. 5 of

English

1865.

provision.

19

26

B 35

20

27

B 36

21

E

28

B 37

22

233

49 A

A 9

28 A

A 10

24

6

A 11

B 39

25

48, 49

A 13

26

29

A 14

27

50, 51

A 15

28

52

B 65

29

53

B 66

30

61

A 16

31

54, 55, 57, 58

A 17

32

62, 64, 68

A 20

33

67

A 21

34

65.66

A 22

35

69

B 82

36

70

B 83

37

71

B. 84

38

72 (1)

B 85

39

73

B 86

40

30, 31

A 23

Remarks.

Old s. 26 as amended by No. 14 of 1925; value of article raised to 50 cents one shilling.

Fine raised to $250-£20; and old s. 27 (2) omitted (v. new s. 16 (3))..

Fine raised to $10-twenty shillings, reference to costs omitted (v. No. 41 of 1932 ss. 63-65).

As enacted by No. 15 of 1928.

English provisions combined, and adapted to local requirements.

Value of property raised to $50=£5.

For robbery see new s. 41 (1) (b).

7%

"ship or", "or", "or is" omitted for uniformity (cf. new s. 27); fine raised to $250= £20.

"or has", "or is", "ship or" omitted

for uniformity; "revenue officer for "officer of the customs"; fine raised to $250=£20.

"with or without hard labour" omitted; value of chattel, etc. raised to $50 = £5.

'revenue officer' defined (in new

s.s. (3)).

IQ

A 17 (3) omitted as inapplicable to this Colony; A 17 (2) altered to meet local conditions; "a public servant" for "employed in the public services, etc., in new s.s. (2) (cf. No. 31 of 1911, s. 39B (10)).

A 20 (1) (iii) omitted as inapplicable

to this Colony.

Old s.s. (2) and (3) included in new

s. 63 (2) and (3) (infra).

"at law or suit in equity" omitted

as surplusage.

1489

Table of Correspondence,-Continued.

Section

of new Ordinance.

Section of Corres-

Ordinance ponding

No. 5 of

English

1865.

provision.

41

38

A 24

42

39, 40

A 25

43

44

A 26

44

45

A 27

Remarks.

"Naval, Military or Air Force Depart

ment" for "any other public authority".

"Naval Military or Air Force Depart

ment" for "any other public authority".

45

46, 47

A 28

46

32, 34, 35,

A 29

36, 37

47

33

A 30

48

A 31

"with

49

75, 76, 77

A 32

50

78A

or without hard labour" omitted (v. No. 30 of 1911, s. 3).

32 & 33 V. As enacted by No. 8 of 1931; form

slightly altered for uniformity.

c. 62,

s. 13;

16 & 17

Geo. 5,

c. 7, s. 6.

51

79, 80

A 33

A 33 (2) omitted (v. No. 7 of 1926, s. 26); "Colony" for "United Kingdom" in s.s. (3).

"punishment" for "penalty".

52

85

B 97

53

89

A 34

54

90

B 102

55

86, 87

}

A 35 B 99

599

56

91, 92

57

A 41 B 103, 104

A 42

advertising

a

Amended to make

reward for the unconditional return of stolen or lost property a summary offence punishable by $100 fine.

"either on indictment or on summary conviction" inserted for clear- ness, as the 1916 Act refers to indictable offences only.

"punishable either on indictment or on summary conviction" added in new s.s. (1) (cf. old s. 91 (1) and s. 103 of the 1861 Act); peace officer" omitted in new s.s. (3).

or

"punishable either on indictment or on summary conviction" added in new s.s. (1); "or peace officer' omitted in s.s. (2); "Inspector General" for "chief officer' of police; "magistrate" for "court of summary jurisdiction".

"fine" for "penalty".

68

93 B 106

Section

of new Ordinance.

1490

Table of Correspondence,-Continued.

Section of Corres-

Ordinance ponding

No. 5 of

1865.

English provision.

Remarks.

59

95

B 108

"if

he thinks fit" and "shall" omitted from old s. 95, restored for clearness (v. B 108).

>

60

96

B 109

61

6, 7, 8,

A. 37

101

"whenever" for "in case"; "Crown

or from the" omitted.

A 37 (4) omitted. Penal servitude was abolished in this Colony by No. 3 (formerly No. 10) of 1887; A 37 (6) omitted (v. No. 3 of 1903, ss. 4, 5 and s. 4 supra); "or magistrate" added in new s.s. 4 (a) (b) and (c).

63

889

62

56, 82

A 40

72 (2) and (3)

A 43 B 85

64

98

B 116

60, 81, 83 A 44

Provisions combined; wording slight-

ly amended for uniformity.

"subsequent offence" for "second of such offences"; "prosecutor" for "Attorney General".

65

385

66

88

67

888

68

A 45

Repeals. As to effect of repeals see Ordinance No. 31 of 1911, S. 12.

Amendments to other Ordinances consequent on the passing of this Ordinance.

I

1491

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 213.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. must comply with the

Steerage passengers vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

19th July, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

 No. S. 214.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for supplying and laying Patent Roofing at The New Central British School, Kowloon ", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of July, 1935.

 The work consists in supplying felt and Patent Roofing and laying in Bitumen on the flat concrete roofs.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

15th July, 1935.

W. A. CORNell,

Architect for· Central British School.

1492

PUBLIC WORKS DEPARTMENT.

 No. S. 215.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for New Market, Wanchai", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 6th day of August, 1935.

The work consists of the erection of steel framed and concrete building, with brick walls, and includes two stories and a basement.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

E. NEWHOUSE, Director of Public Works.

i

15th July, 1935.

PUBLIC WORKS DEPARTMENT.

No. S. 193.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Kowloon Quarry No. 2", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd July, 1935, for the occupation for a period of two years commencing from the date of notification of acceptance of tender, of the piece or parcel of ground as shown coloured red on a plan signed by the Director of Public Works and dated 28th June, 1935, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $2,000.

 Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, in the event of the tenderer, whose tender is accepted, refusing to carry out the terms and conditions of his tender.

On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

 Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

5th July, 1935.

R. M. HENDErson,

Director of Public Works.

1498

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 8 of 1935.

Re Chui Yuen Restaurant, of No. 2, Peel Street, Victoria, in the Colony of Hong Kong, and Kwan Chung Man, the managing partner therein.

> ECEIVING Order made 17th day of July:

RECE Date and place of first meeting

of Creditors, 26th day of July, 1935, at 11.00

a.m. in the Official Receiver's Office.

NOTE. All debts due to the estate should be

paid to me.

Dated the 19th day of July, 1935.

日將

費不

請三

九 三位

受數由啓 保月永者

(FILE No. 224 of 1935) TRADE MARKS ORDINANCE, 1909.

位向

五 速居店

人除安本 列下人公

年 到港計下列壽司 華

七 本地

三保自

月 事惟莫開

張險人

十 務經遜

九 所搬

外自議 皆限收

保後

已公盆 交司後

收嘉囘去

JAMES J. HAYDEN,

盆華俾向

Official Receiver. 人人本無樂

S105 何樂

代受

清保

楚或所

茲將有

特所日限

陳壽收從

將收前

IN THE SUPREME COURT OF HONG KONG.

達保盆通

該過發

二險人知2

IN BANKRUPTCY.

No. 23 of 1934.

有早今

S1037

三之出

張保各

譚限清特

之費項

Re Tung Tak firm of No.10 Lower

榮公手登梁

號發保

Lascar Row, Victoria, in the Colony 光司續諸儉

數還單

of Hong Kong, and its branches Tung Lok firm of No. 30 Lower Lascar Row, Victoria, aforesaid,

全 此報强

及至或

啓 佈端

其今轉

N

OTICE is hereby given that Mitsubishi Shoji Kaisha Limited, a company in-

corporated under the laws of the Empire of

人壽保險有限公司告白

Application for Registration of

a Trade Mark.

OTICE is hereby given that Booth's Dis- tilleries Limited, of 83 to 85, Turnmill Street, London, England, on the 21st day of February, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

BOOTH'S

in the name of the said Booth's Distilleries, Limited, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Gin, Whisky, Ginger Brandy, Alcoholic Peppermint and Cocktails, in Class 43.

The words " Booth's" has been declared to be distinctive by Order of His Excellency the Governor under Sectiou 9(5) of the Trade Marks Ordinance 1909.

Dated the 19th day of July, 1935.

HASTINGS & CO.,

Solicitors for the Applicants,

Gloucester Building, 2nd Floor,

Hong Kong.

(FILE No. 257 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Marle.

Tung Fook firm of No 53 Portlan i

Street, Kowloon, in the Colony of

Hong Kong, Tung Chan firm of No. 40 Portland Street, Kowloon, afore- said, and Tung Wo Firm of No. 23, Portland Stret, Kowloon, aforesaid and Yeung Sik Kwong, Li San, Kam Chun Tung, Yeung Po Cho

alias Cheung Ho Tong and Chau

Tak Wong alias Oi Wo Tong some of the partners therein.

NOTICE is hereby given that the Receiving

Order made on the 8th day of June,

1935, against the above-named debtors has been

白告人股退承

Japan and having a registered office situate at No. 14, Pedder Street, Victoria, Hong Kong, Importers and Exporters and General Mer- chants, have, by five applications all dated the

day

民登虧易內到有泰啓 S4th Cliny of' Jume, 19:35, applied for the Re-

退承國報槪清人元股

股 二聲與楚裕昇

裕昇份生 茲 人 十明公此興泰今

堂欄因

rescinded by Order of the Court dated uhe lifth | 公裕門以後堂

17th

day of July, 1935.

Dated the 19th day of July, 1935.

JAMES J. HAYDEN,

茂興年免堂該陳之志日新

堂堂乙後王元斡股

公市

亥論 萱昇如份別茂

王陳六此培輋承

Official Receiver.

涉生經頂將萱號

gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

N

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Tycho Wing, late of " Cove Lawn", No. 27, Shouson

Hill, Aberdeen in the Colony of Hong Kong,Barrister-at-law, de- ceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made ai Order limiting the time for Creditors and others to send in their claims against the above estate to the 16th day of August, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 16th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Administrator, No. 2, Queen's Road Central, Hong Kong.

萱斡月佈無欄受槪盡 培如十

全九 故意已與所培 啓日 特盈交股占占昇

NOW READY.

STREET INDEX

Twenty-Third Edition

in the name of the said Mitsubishi Shoji Kaisha Limited, who claim to be the proprietors thereof. The Trade Mark has been used by the ap-

REVISED Edition, which includes plicants in Japan and is intended to be used

1935.

all alterations up to February,

Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

Price $50 PER

COPY

obtainable at

NORONHA & CO.

forthwith by them in Hong Kong in respect of Cotton piece goods of all kinds in Class 24; Yarns of wool, worsted or hair in Class 33; Cloths and stuffs of wool, worsted or hair in Class 34; Woollen and worsted and hair goods not included in classes 33 and 34 in Class 35 and artificial silk piece goods, artificial silk yarn and artificial silk yarn thread in Class 50.

Dated the 19th day of July, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

K

1499

(FILE No. 253 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Twenty-One Trade Marks.

(31)

is hereby that The Orient Paint, Colour and Varnish Company, Limited, of Shanghai, on

      18th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

PAINT

COLOUR &

URIMISH

(1)

CO LTD

SHANGHAI

PAINT

COLGAR H

MAZGASES

(2)

CO

(5)

133

PAINT

COLOUR

THE OF

CO

SHANGHA

(6)

(7)

OPALESCO

OPALETTE

PAINT

J

COLOUR

VARMIEN

(4)

CO LTD

SHANGHA

OPAL

(8)

(9)

(10)

(11)

(12)

OPALOID

OPALUX

OPALIN

瑪瑙石

瑪瑙珠

(13)

瑪瑙德

(14)

(15)

(16)

瑪瑙樂

瑪瑙露

瑪瑙靈

(17)

(18)

(19)

PAINT

COLOUR

VARNISH

CO

CHID SHANGHA

光丞

OPAVCO

瑪瑙顆

(20)

Same as No. 5 Mark

(21)

Same as No. 11 Mark

in the name of The Orient Paint, Colour and Varnish Company, Limited, who claim to be the sole proprietors hereof.

      Trade Marks Nos. 1 to 16 are intended to be used in respect of Paints and Varnishes in Class 1; Nos. 17 to 19 in respect of Floor Wax in Class 50; Nos. 20 and 21 in respect of Vegetable Oils in Class 4.

66

The "Bear" Marks of No. 1, the "Ram" Marks of No. 2, the "Neptune" Marks of No. 3 and the Mermaid Marks of No. 4 are registered as a series of Trade Marks under Section 26 of the Trade Marks Ordinance 1909 and are associated with each other, i.e., the two marks appearing on each of the respective applications are to be associated with each other.

       Trade Marks Nos. 5 to 16 are associated with one another and the Marks Nos. 20 and 21 are associated with each other.

Dated the 19th day of July, 1935.

BUTTERFIELD & SWIRE, HONG KONG,

General Agents & Attorneys for and on behalf of

THE ORIENT PAINT, COLOUR AND VARNISH COMPANY, LIMITED,

(FILE No. 225 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Cheng

(FILE No. 243 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE NO. 115 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Yu Tit Hon

Chak Wan Tong, of No. 41, Connaught NOTICE is hereby given that the Lepack trading as the Allan

Road Central, (2nd floor), Victoria, in the Colony of Hong Kong, have on the 30th day of May, 1935, applied for the registration in Hong Kong, in the Register Trade Marks, of of the following Trade Mark :-

D-

Company, of York Building, Victoria, Hong Kong, have on the 7th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

歐洲洋紙

行洋百利

選辦上等

N° (i) trading as the Allan

Drug Company of No. 316 Queen's Road Central, Victoria, in the Colony of Hong Kong, bas on the 8th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark namely:--

Lightning Brand

     in the name of the Cheng Chak Wan Tong, who claims to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Sub- stances used as Chinese Medicine, in Class 3.

Dated the 21st day of June, 1935.

DENNYS & CO., Solicitors for the Applicants,

The National Bank Building,

Hong Kong.

(FILE No. 172 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tien Yien

Foodstuff Chemical Works (

of No. 52, New Market

Street, Hong Kong, have, by an application

dated the 25th day of April, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

--

NEMA NEW

den als gigantă se ono u dip

=

玉米

SOLLURGY

MORDA VERETA LAGSTONE

NEIA NEL

ATACIONIN ↑ ATIVOED

Z'ON

牌駝駱

in the name of the Lepack Company, who claim to be the proprietors thereof.

Such Trade Mark has not been used by the Lepack Company, in respect of the goods mentioned in their application but it is their intention to use it forthwith, in respect of Paper in Class 39.

Registration of this Trade Mark shall give no right to the exclusive use of the word

LEPACK".

66

Dated the 21st day of June, 1935.

THE LEPACK COMPANY, York Building, Hong Kong,

Applicants.

(FILE NO. 157 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NE) Agent for the Fong

(方殿臣)

OTICE is hereby given that Fong Tin San

閃電牌

in the name of the said Yu Tit Hon trading as the Allan Drug Company, who claims to be the sole proprietor thereof.

The Trade Mark is intended to be used by the applicant in Class 3 in respect of Chemical substances prepared for use in medicine and pharmacy.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 15th day of May, 1935.

P. H. SIN & CO., Solicitors for the Applicant, Asia Life Building, Hong Kong.

(FILE NO. 171 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Brighty Battery Company of No. 805, Canton Road, Kowloon, has on the 24th day of April, Fook Tai firm) of No. 99, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following two Trade Marks:-

Des Voeux Road West, Victoria, in the Colony of Hong Kong, Tea Merchants, have, on the 6th day of April, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

#

JH ti 杭

(1)

BRIGHTY

NO. 599

TRADE

MARK.

FLASHLIGHT BATTERY

BRIGHTY BATTERY CO.

MADE IN HONGKONG CHINA

军事獎

碳粉味然天東購

標商福

in the name of the said Tien Yien Foodstuff in the name of Fong Fook Tai Firm,

Chemical Works, who claim to be the proprie-) who claim to be the sole

tress thereof.

     The Trade Mark has been used by the Ap- plicants in respect of seasoning powder, in Class 42.

     Registration of the Trade Mark shall give no right to the exclusive use of the Chinese

proprietors thereof.

The said Trade Mark is intended to be used by the applicant in Class 42 in respect of "Hangchow China Lung Tsing Tea"

Characters (王中味) and the English 州龍井茶)

phonetic equivalent "Me Chung Wong

the

representation of cash, and of the abbreviation

and figures "No. 2" and the Chinese Charac-

appearing thereon.

ters

Dated the 17th day of May, 1935.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicant,

St. George's Building, Hong Kong.

The applicant disclaims the right to the

exclusive use of the Chinese characters (

福泰杭州龍井茶)

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks,

and of the undersigned.

Dated the 17th day of May, 1935.

D'ALMADA & MASON, Solicitors for the Applicant, 33, Queen's Road Central,

Hong Kong.

(2)

NO.590

TRADE MARK

MANUFACTURED BY

KWONG MING BATTERY

in the name of Brighty Battery Company, who claims to be the sole proprietor thereof.

The Trade Marks are intended to be used forthwith by the applicant in Class 8 in respect of Flash Light Batteries.

Registration of the "B. B. Co." monogram mark shall give no right to the exclusive use of the word "Brighty" and of the abbreviation and figures "No. 599 " appearing thereon.

Registration of the "Building" mark shall give no right to the exclusive use of the word Brighty" the letters "KM " in combination or separately and of the abbreviation and figures "No. 590" appearing thereon.

Dated the 17th day of May, 1935.

BRIGHTY BATTERY COMPANY

Applicant.

1501

(FILE No. 247 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Liggett & Myers Tobacco Co. (China) Ltd., whose registered office is situated at 175, Soochow Road, Shanghai, Tobacco Manufacturers, have on the 13th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

(20) ZEPHYR

CIGARETTES

Zophys

EPHYR

20 COARETTES

Zephy

-MENTHOL COOLED

CIGARETTES

Zephyr

MENTHOL COOLED

CIGARETTES

LIGGETTA MYERS TOBACCO CO (CH NAILED

in the name of Liggett & Myers Tobacco Co. (China) Ltd., who claim to be proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect. of manufactured tobacco in Class 45.

Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks of Hong Kong.

Dated the 17th day of July, 1935.

LIGGETT & MYERS TOBACCO CO. (CHINA) LTD., F. STAFFORD SMITH,

Attorney,

P. & O. Building, Connaught Road Central.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1504

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 216.-The following Bill is published for general information :-

[No. 21/34 :-8.7.35.-7.]

A BILL

Short title.

Interpreta- tion.

Schedule, form A.

INTITULED

An Ordinance to amend and consolidate the law relating to

dangerous drugs.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Dangerous Drugs Ordinance, 1935.

2. (1) In this Ordinance,

(a) "Dangerous drug" means any drug to which this Ordinance shall for the time being apply.

(b) "Import authorization" means a licence, issued by a competent authority, authorizing the importation of a specified quantity of a dangerous drug and containing full particulars of the drug, together with the name and address of the person authorized to import the drug, the name and address of the person from whom the drug is to be obtained, and specifying the period within which the importation must be effected,

(c) "Import certificate" means a certificate, substantially in the form A set out in the Schedule hereto, issued by a competent authority in the country into which it is intended to import dangerous drugs.

(d) "Export authorization" means an authorization issued by a competent authority in a country from which a dangerous drug is exported, containing full particulars of such drug, and the quantity authorized to be exported, together with the names and addresses of the exporter and the person to whom it is to be sent, and stating the country to which, and the period within which, it is to be exported.

(e) "Diversion certificate" means a certificate issued by the competent authority of a country through which a dangerous drug passes in transit, authorizing the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorization and containing all the particulars required to be included in an export authorization together with the name of the country from which the consignment was originally exported.

(f) "Conveyance" includes ship, motor vehicle, aircraft, train, and any other means of transport by which goods may be brought into or taken from the Colony.

(g) "In transit" means taken or sent from any country and brought into the Colony by land, air or water (whether not landed or transhipped in the Colony) for the sole purpose of being carried to another country either by the

sama or another convevance

1505

(h) "Export", with its grammatical variations and cognate expressions in relation to the Colony, means to take or cause to be taken out of the Colony by land, air or water, otherwise than in transit.

(i) "Import", with its grammatical variations and cognate expressions in relation to the Colony, means to bring or cause to be brought into the Colony by land, air or water, otherwise than in transit.

() "Convention" includes any one or more of the Conventions specified in sub-section (2) of this section.

(k) "Person", except so far as relates to the imposition. of the penalty of imprisonment, includes a body corporate and a firm.

(1) "Ship" includes every description of vessel used in navigation or for the carriage or storage of goods.

(m) "Superintendent" means the Superintendent of Imports and Exports and includes any Assistant Super- intendent.

(n) "Coca leaves" means the leaves of any plant of 15 & 16 Geo. the genus of the erythroxylaceae from which cocaine can be 5, c. 74, extracted either directly or by chemical transformation.

8. 1.

(o) "Indian hemp" means the dried flowering or fruiting 15 & 16 Geo. tops of the pistillate plant known as cannabis sativa from 5, c. 74, which the resin has not been extracted, by whatever name such tops are called.

s. 1.

s. 4.

(p) "Medicinal opium" means raw opium which has 15 & 16 Geo. undergone the processes necessary to adapt it for medicinal 5, c. 74, use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances.

(2) "Corresponding law" in this Ordinance means any law stated in a certificate purporting to be issued by or on behalf of the Government of any place outside the Colony to be a law providing for the control and regulation in that place of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the International Opium Convention signed at the Hague on the 23rd day of January, 1912, or of the International Opium Convention signed at Geneva on the 19th day of February, 1925, or of the Convention signed at Geneva on behalf of His Majesty on the 13th day of July, 1931, and any statement in any such certificate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that law, shall be conclusive. Any such certificate shall be admitted in evidence upon production by or on behalf of the Superintendent in any proceeding.

3.-(1) The drugs to which this Ordinance applies are:-- (a) medicinal opium;

(b) any extract or tincture of Indian hemp;

13 & 14 Geo. 5, c. 5,s. 6; c. 15, s. 3.

22 Geo. 5,

Drugs to which this Ordinance applies.

10 & 11 Geo.

5. c. 46, s. 8;

c. 15, s. 1.

(c) morphine and its salts, and diacetylmorphine (com- 22 Geo. 5, monly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

1506

-

The export

drugs.

Schedule. form B.

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihy- dromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known genomorphine), the morphine-N-oxide derivatives and any other pentavalent nitrogen morphine derivatives;

as

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmor- phine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in paragraph (9) or in paragraph (h) of this sub-section.

() coca leaves.

(2) For the purposes of sub-section (1) the expression "ecgonine" means laevo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially, and the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine.

(3) For the purposes of this section, percentages in the case of liquid preparations shall, unless other provision in that behalf is made by regulations under this Ordinance, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion of any greater or less percentage.

(4) If it appears to the Governor in Council that any other derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely to be, productive, if improperly used, or is capable of being converted into a substance which is, or is likely to be, productive, if improperly used, of ill effects substantially of the same character or nature, as or analogous to those produced by morphine or cocaine, he may by order declare that this Ordinance shall apply to that other derivative or alkaloid or other drug in the same manner as it applies to the drugs mentioned in sub- section (1).

4. (1) Upon the production of an import certificate of dangerous duly issued by the competent authority in any country, it shall be lawful for the Superintendent to issue an export authorization, in the form B set out in the Schedule hereto, in respect of any drug referred to in the import certificate, to any person who is named as the exporter in such certificate, and is, under the provisions of this Ordinance, otherwise lawfully entitled to export such drug from the Colony. The export authorization shall be prepared in triplicate; and two copies

1507

shall be issued to the exporter, who shall send one copy with the drug to which it refers when such drug is exported. The Superintendent shall send the third copy direct to the appro- priate authority in the country of ultimate destination. Where the intended exportation is to a country which is not a party to the Convention it shall not be necessary to produce an import certificate as aforesaid.

(2) No dangerous drug shall be exported from the Colony unless the consignor is in possession of a valid and subsisting export authorization relating to such drug granted under this Ordinance.

(3) At the time of exportation of any dangerous drug the exporter shall produce to the Superintendent the dangerous drug, the export authorization relating thereto, and such other evidence as the Superintendent may require to satisfy him that the drug is being lawfully exported to the place and person named in the authorization which refers to it.

(4) No person shall export, cause to be exported, or take any steps preparatory to exporting, any dangerous drug from the Colony except in pursuance of and in accordance with the provisions of this Ordinance.

drugs.

5.-(1) An import authorization, in the form C set out The import in the Schedule hereto, permitting the importation into the of dangerous Colony of any dangerous drug specified therein, may be Schedule, granted by the Superintendent to any person who may lawfully import such drug.

form C.

(2) Where an import authorization is issued in pursuance of sub-section (1) of this section, the Superintendent shall also issue in relation to the dangerous drug intended to be imported an import certificate, substantially in the form A set out in the Schedule hereto, which shall be forwarded by Schedule, the intending importer to the person from whom the drug form A, is to be obtained. When the importer, to whom an import authorization is issued under this section, intends to import the drug or drugs, to which such authorization relates, in more than one consignment, a separate import certificate shall be issued to him in respect of each such consignment.

(3) No dangerous drug shall be imported into the Colony unless the person to whom the drug is consigned is in possession of a valid and subsisting authorization granted in pursuance of this section.

(4) Every dangerous drug imported into the Colony from a country which is a party to the Convention shall be accompanied by a valid and subsisting export authorization or diversion certificate.

(5) No person shall import, cause to be imported, or take any steps preparatory to importing, any dangerous drug into the Colony, except in pursuance of and in accordance with the provisions of this Ordinance.

6.-(1) No percon shall bring any dangerous drug to the Dangerous Colony in transit unless--

(a) the drug is in course of transit from a country from which it may lawfully be exported, to another country into which such drug may lawfully be imported; and,

goods in transit.

1508

(b) except where the drug comes from a country not a party to the Convention, it is accompanied by a valid and subsisting export authorization or diversion certificate, as the case may be.

(2) Where any dangerous drug in transit is accompanied by an export authorization or diversion certificate and the Superintendent has reasonable grounds for believing that such authorization or certificate is false, or that it has been obtained by fraud or wilful misrepresentation of a material particular, it shall be lawful for the Superintendent to seize and detain the drug to which such authorization or certificate relates. Upon being satisfied that such authorization or certificate is valid or has not been obtained by fraud or misrepresentation as aforesaid the Superintendent shall release the drug.

(3) Where the dangerous drug in transit is not accom- panied by an export authorization or diversion certificate by reason of the fact that the drug comes from a country not a party to the Convention and the Superintendent has reasonable grounds for believing that such drug is being conveyed in an unlawful manner or for an unlawful purpose or is in course of transit for the purpose of being imported into another country in contravention of the laws of that country, it shall be lawful for the Superintendent to seize and detain such drug.

(4) Where the dangerous drug brought into the Colony in transit is landed, or transhipped in the Colony, it shall remain under the control of the Superintendent and shall be moved only under and in accordance with a removal licence granted in pursuance of section 7 hereof.

(5) Nothing in this section contained shall be deemed to apply to any dangerous drug in transit by post or in transit by air if the aircraft passes over the Colony without landing, or to such quantities of dangerous drugs as may, bona fide, reasonably form part of the medical stores of any ship or aircraft.

Removal licences for dangerous drugs in transit.

Schedule, form D.

7. (1) No person shall remove any dangerous drug from the conveyance by which it is brought into the Colony in transit, or in any way move any such drug in the Colony at any time after removal from such conveyance, except under and in accordance with a licence (in the form D set out in the Schedule hereto and in this Ordinance referred to as a "removal licence") issued by the Superintendent.

(2) No removal licence for the transfer of any such drug to any conveyance for removal out of the Colony shall be issued unless and until a valid and subsisting export authorization or diversion certificate retving to it is produced to the Superintendent; save that where the drug has come from a country not a party to the Convention this sub-section shall not apply.

(3) The provisions of this section shall not apply to dangerous drugs in transit by post.

1509

to be

8. It shall be unlawful for any person to cause any Drugs in dangerous drug in transit to be subjected to any process which transit not would alter its nature, or wilfully to open or break any tampered package containing a dangerous drug in transit, except upon the instructions of the Superintendent and in such manner as he may direct.

with.

9.-(1) No person shall, except under the authority of The diver- a diversion certificate, in the form E set out in the Schedule sion of

dangerous hereto, cause or procure any dangerous drug brought into drugs in the Colony in transit to be diverted to any destination other transit. than that to which it was originally consigned. In the case of Schedule, any drug in transit accompanied by an export authorization form E. or a diversion certificate issued by a competent authority of some other country, the country to which the drug was originally consigned shall be deemed to be the country stated in such export authorization or diversion certificate to be the country of destination.

(2) The Superintendent may issue a diversion certificate. in respect of any dangerous drug in transit upon production to him of a valid and subsisting import certificate, issued by a competent authority in the country to which it is proposed to divert the drug, or if that country is not a party to the Convention upon such evidence as may satisfy him that the drug is to be sent in a lawful manner and for a proper purpose.

(3) A diversion certificate shall be issued in duplicate; one copy thereof shall accompany the drug when it is removed from the Colony. Another copy shall be despatched by the Superintendent direct to the proper authority in the country to which the consignment has been diverted.

(4) Upon the issue of a diversion certificate, the export authorization or diversion certificate (if any) accompanying the drug on its arrival in the Colony shall be detained by the Superintendent and returned to the authority issuing such authorization or diversion certificate together with the notification of the name of the country to which the drug has been diverted.

in dangerous

10. Except under and in accordance with this Ordinance Restrictions or regulations made thereunder or with a licence granted by on dealings the Superintendent no person shall, whether on his own behalf drugs. or on behalf of any other person, whether such other person be in the Colony or not, buy, sell, supply, procure, or offer to supply or procure, from, to or for any other person, whether such other person be in the Colony or not, or in any way deal in or with, or offer to deal in, or pretend to deal in, or have in his possession, or import or export, or do any act preparatory to or for the purpose of importing or exporting, any dangerous drug, whether such drug be in the Colony or elsewhere, and whether it be ascertained or appropriated or in existence or not, and whether it be intended that it should be imported into the Colony or not.

control of

11. (1) For the purpose of preventing the improper Regulations use of dangerous drugs, it shall be lawful for the Governor for the in Council to make regulations for controlling the importation, manufacture exportation, manufacture, sale, possession, movement and and sale of distribution of those drugs, and in particular, but without prejudice to the generality of the foregoing power, for-

(a) prohibiting the manufacture of any dangerous drug except on premises licensed for the purpose and subject to any conditions specified in the licence;

dangerous

drugs.

10 & 11 Geo. 5, c. 46,

ss. 7, 11.

Ordinance No. 9 of 1916.

Licences, etc., to be at the discretion

1510

(b) prohibiting the manufacture, sale, possession, move- ment or distribution of any such drug except by persons licensed or otherwise authorized under the regulations and subject to any conditions specified in the licence or authority;

(c) regulating the issue by medical practitioners of prescriptions containing any such drug and the dispensing of any such prescriptions; and

(d) requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed.

(2) The regulations under this section shall provide for authorising any person who lawfully keeps open shop for the retailing of poisons in accordance with the provisions of the Pharmacy and Poisons Ordinance, 1916,-

(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any dangerous drug; or

(b) to carry on at the shop the business of retailing, dispensing, or compounding any such drug;

subject to the power of the Superintendent to withdraw the authorization in the case of a person who has been convicted of an offence against this Ordinance, and who cannot. in the opinion of the Superintendent, properly be allowed to carry on the business of manufacturing or selling or distributing, as the case may be, any such drug.

(3) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations. and if a resolution is passed at the first meeting of the Legislative Council held after such regulations. have been laid on the table of the said Council resolving that any such regulation shall be rescinded, or amended in any manner whatsoever,

whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

(4) Nothing in any regulation made under this section shall be taken to authorise the sale, or the keeping of an open shop for the retailing, dispensing, or compounding of, poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Ordinance, 1916, or to be in derogation of the provisions of the Pharmacy and Poisons Ordinance, 1916, for prohibiting, restricting, or regulating the sale of poisons.

12.-(1) The granting or refusal of any licence, certificate or authorization under this Ordinance, and the revocation of any such licence, certificate or authorization, shall lie in the absolute discretion of the Superintendent, who 10 & 11 Geo. may impose any conditions that he may think fit upon the

granting of any such licence, certificate or authorization.

of Super-

intendent.

5, c. 46,

s. 12.

(2) It shall be lawful for the Superintendent to charge for any such licence, certificate or authorization such fee as the Governor in Council may by regulation prescribe.

1511

13. (1) It shall be lawful for any public officer Arrest, authorised by the Superintendent in that behalf-

search, inspection, seizure,

(a) to arrest and bring before a magistrate any person removal, and whom such public officer may have reason to suspect of detention. having contravened any of the provisions of this Ordinance 5, c. 46, or of any regulation made thereunder;

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to arrest Provided that no female person shall be searched except by a female: Provided also that no person shall be searched in a public place if he objects to be so searched;

(c) to search any place in which such public officer may have reason to suspect that there may be any thing which under paragraph (f) is liable to seizure;

(d) to search, and, if necessary to stop and search, any ship (not being or having the status of a ship of war) in which such public officer may have reason to suspect that there may be any thing which under paragraph (f) is liable to seizure;

(e) to search the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any dangerous drug, and to demand the production of, and to inspect, any books or documents relating to dealings in any such drug, and to inspect any stocks of any such drug; end

(to seize, remove and detain-

(i) any thing with respect to which such public officer may have reasonable grounds for suspecting that any offence against this Ordinance has been committed;

(ii) any book or other document which such public officer may have reasonable grounds for suspecting to relate to, or to be connected directly or indirectly with, any transaction or dealing which was. or any intended transaction or dealing which would if carried out be, an offence against this Ordinance, or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside the Colony, an offence against the provisions of any corresponding law in force in that place; or

(iii) any other thing which may appear to such officer likely to be, or to contain, evidence of any such offence. transaction or dealing.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such

place;

(b) forcibly enter any such ship and every part thereof:

(c) remove by force any personal or material obstruction to any arrest, detention, search, inspection, seizure, or removal, which he is empowered to make;

(d) detain every person found in such place until such place has been searched; and

(e) detain every such ship, and every person on board such ship, and prevent every person from approaching or boarding such ship, until such ship has been searched.

10 & 11 Geo.

ss. 10, 14.

Postal provisions.

Presump- tions.

Super- intendent's certificate

1512

(3) Any authority given by the Superintendent under this section may be given to an individual or to a class, and may

be-

(a) general, so as to embrace all the powers referred to in this section, or

(b) limited, so as to embrace only a portion of those

powers, or

(c) particular, for a particular occasion.

(4) No person shall delay or obstruct any detention, arrest, search, inspection, seizure, or removal, which is authorised by this Ordinance.

14. (1) No person shall send by post any dangerous drug except under and in accordance with the provisions of this Ordinance or regulations made thereunder.

(2) It shall be lawful for the Postmaster General to detain and open any postal article which he may suspect to contain any dangerous drug or anything which would be liable to seizure under section 13 (1) (ƒ).

(3) If any postal article contains any dangerous drug and such drug is not covered by a licence, certificate or authorization under this Ordinance, or if any postal article contains anything which would be liable to seizure under section 13 (1) (f), it shall be lawful for the Postmaster General to detain such postal article and all its contents, and to deal with such article and its contents as the Governor may direct.

*

15. (1) Every person who is proved to have had in his possession or under his control any thing whatsoever containing any dangerous drug or the keys of any box, drawer or other receptacle whatsoever containing any danger- ous drug shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall, until the contrary is proved, be deemed to have known the nature of such drug.

(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title relating to any thing whatsoever containing any dangerous drug, including any baggage receipt or any document or thing intended to serve the purpose of a baggage receipt, shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall, until the contrary is proved, be deemed to have known the nature of such drug. (3) the presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the drug in question.

16. (1) A certificate of contents in the form F set out in the Schedule hereto signed by the Superintendent, if it of contents. purports to relate to any dangerous drug, or to any substance referred to in section 21, shall in any proceeding be conclusive evidence as to the facts stated therein.

Schedule,

form F.

(2) Any such certificate purporting to be signed by the Superintendent shall, until the contrary is proved, be deemed to have been signed by the Superintendent.

1513

17.-(1) Every person who-

Offences, penalties and

10 & 11 Geo.

(a) acts in contravention of, or fails to comply with, any procedure. provision of this Ordinance or of any regulation made there- under; or

5, c. 46, s. 13; 13 & 14 Geo.

(b) acts in contravention of, or fails to comply with, the 5, c. 5, s. 2. conditions of any licence or authorization granted under or in pursuance of this Ordinance; or

(c) for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence or authorization as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the same; or

(d) in the Colony aids, abets, counsels or procures the commission in any place outside the Colony of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act (wherever to be committed) which if committed in the Colony would constitute an offence against this Ordinance;

shall be guilty of an offence against this Ordinance.

(2) Every person guilty of an offence against this Ordinance shall, in respect of each offence, be liable-

(a) on conviction or indictment, to a fine not exceeding ten thousand dollars, and to imprisonment for any term not exceeding ten years; or

(b) on summary conviction, to a fine not exceeding two thousand five hundred dollars and to imprisonment for any term not exceeding twelve months.

(3) Every person who attempts to commit an offence against this Ordinance, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable upon summary conviction to the punishment and forfeiture as if he had committed an offence under this Ordinance.

(4) Where the person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

(5) Where the person convicted of an offence under this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

(6) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be com- menced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so prescribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to

Forfeiture.

This Ordinance not be

effected by Ordinance No. 9 of 1916.

Special provisions

as to certain

opium and coca leaf. 22 Geo. 5, c. 15, s. 2.

1514

justify a prosecution comes to his knowledge, whichever time. is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(7) For the purposes of sub-section (6), the issue of a summons or warrant shall be deemed to be the commencement of proceedings, whether such summons or warrant is executed

or not.

(8) For the purpose of removing doubts, it is hereby declared-

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other enact- ment, any term of imprisonment imposed under this Ordinance on any person by a magistrate in respect of the non-payment of a fine imposed under this Ordinance may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.

18. It shall be lawful for the court or a magistrate to order to be forfeited to the Crown any article with respect to which any offence under this Ordinance has been committed, whether any person shall have been convicted of such offence or not, and upon the making of any such order of forfeiture the said articles shall be deemed to be the property of the Crown free from all rights of any person.

19. Nothing in the Pharmacy and Poisons Ordinance, 1916, or in any regulation made under the Pharmacy and Poisons Ordinance, 1916, whenever made, shall have the effect of relaxing or limiting in any way whatever any of the provisions of this Ordinance or of any regulation made there- under.

20.-(1) No person shall trade in or manufacture for the purpose of trade any products obtained from any of the alkaloids of phenanthrene, alkaloids of opium, or from the ecgonine alkaloids of the coca leaf, not being a product which was on the thirteenth day of July, 1931 (the date on which the Geneva Convention, 1931, was signed on behalf of His Majesty), being used for medical or scientific purposes: Provided that if the Governor in Council is at any time satisfied as respects any such product that it is of medical or scientific value, he may by order declare that this sub-section shall cease to apply to that product.

(2) If it is made to appear to the Governor in Council that a decision with respect to any such product as is mention ed in sub-section (1) of this section has, in pursuance of Article 11 of the Geneva Convention, 1931, been com- municated by the Secretary General of the League of Nations. to the parties to the said Convention, the Governor in Council may, by Order either declare that the provisions of this Ordinance shall apply to that product in the same manner as they apply to the drugs mentioned in sub-section (1) of section 3, or apply the said provisions to that product with such modifications as may be specified in the Order..

!

1515

(3) The Governor in Council may by Order apply the provisions of this Ordinance, with such modifications as may be specified in the Order, to any of the following drugs, that is to say, methylmorphine (commonly known as codeine), ethylmorphine (commonly known as dionin) and their respective salts.

21.-(1) No person shall cultivate the plant known as Special cannabis sativa.

(2) No person shall have in his possession, otherwise than in transit, any specimen or any quantity of the plant known as cannabis sativa or any portion of such plant.

(3) When in transit, the plant known as cannabis sativa, and the resin obtained from the said plant or from any part of the said plant, and any preparation of which such resin forms the base, and any preparation or mixture containing the said resin, shall be subject to all the restrictions imposed by sections 6, 7, 8 and 9 upon dangerous drugs in transit through the Colony.

other

person,

whether

(4) No person shall, whether on his own behalf or on behalf of any other person, whether such other person be in the Colony or not, buy, sell, supply, procure, or offer to supply or procure, from, to or for any such other person be in the Colony or not, or in any way deal in or with or offer to deal in, or pretend to deal in, or import or export, or do any act preparatory to or for the purpose of importing or exporting, the plant known as cannabis sativa, or the resin obtained from the said plant or from any part of the said plant, or any preparation of which such resin forms the base, or any preparation or mixture containing the said resin, whether the goods in question be in the Colony or elsewhere, and whether they be ascertained or appropriated or in existence or not, and whether it be intended that they should be imported into the Colony or not: Provided that this sub-section shall not apply to the extracts and tinctures. of Indian hemp referred to in section 3 (1).

provisions as to cannabis sativa.

from the

22. If the Governor in Council thinks fit to declare that Power to

exclude of a finding with respect to any preparation containing any certain the drugs to which this Ordinance applies has in pursuance preparations of Article 8 of the Geneva Convention, 1925, been com- Ordinance. municated by the Council of the League of Nations to the 15 & 16 Geo. parties to the said Convention the provisions of this Ordinance 5, c. 74, s. 5, shall as from such date as may be specified in the declaration cease to apply to the preparation specified therein.

1923,

the Repeal of

Ordinances

23. The Dangerous Drugs Ordinance, Dangerous Drugs Amendment Ordinance, 1928 and the No. 22 of Dangerous Drugs Ordinance, 1932, are repealed.

1923, No. 4 of 1928, and No. 31 of 1932.

ment.

24. This Ordinance shall not come into operation until Commence- such date as the Governor shall appoint by Proclamation. Different dates may be so appointed for different provisions of this Ordinance and in relation to different countries.

22 Geo, 5,

c. 15, s. 5(3).

IMPORT CERTIFICATE issued

1516

SCHEDULE.

FORM A.

[ss. 2 (1) (c), 5 (2).}

Serial No.

by the Government of Hong Kong.

File No.......

INTERNATIONAL OPIUM CONVENTIONS.

Certificate of Official Approval of Import.

*Here insert name, address and business

I, being the person charged with the administration of the law relating to dangerous drugs to which the International Opium Conventions apply, hereby certify that I have approved the importation by*

of importer.

+ Here insert off

exact descrip-

tion and

amount of

drugs to be

imported.

Here insert fromt

name and

address of

firm in

exporting

country from

which the

drug is to

be obtained.

subject to the conditions that

¶Strike out words not applicable.

(i) the consignment shall be imported before the

(ii) the consignment shall be imported by

; and

and that I am satisfied that the consignment proposed to be imported is required

(1) ¶for legitimate purposes (in the case of raw opium or

the coca leaf)

(2) ¶solely for medicinal or scientific purposes (in the case of Indian hemp or drugs to which Chapter III of the International Opium Convention, 1925, applies).

(Date)

(Signature and stamp of the Superintendent).

THIS DOCUMENT IS SOLELY FOR PRODUCTION TO THE GOVERNMENT OF THE COUNTRY FROM WHICH THE DRUG IS PROPOSED TO BE OBTAINED.

་ ་ས ། །།མ་

Serial No.

1517

FORM B.

[8. 4 (1).].

File No.

Applicant's

Refce. No...................

DANGEROUS DRUGS ORDINANCE, 1935.

Export Authorization.

In pursuance of the Dangerous Drugs Ordinance 1935, the Superintendent hereby authorizes

(1)*the port of

(hereinafter called "the exporter')

by S.S.

to export from (2)*Hong Kong by Parcel Post in

parcels from the

in

*Strike out words not applicable.

Post Office

to

in virtue of Import Certificate No.

issued by

the following drugs, namely:-

dated

This authorization is issued subject to the following conditions:

1. This authorization is not a licence to obtain or be in possession of the drugs named herein.

2. This authorization is available only for drugs of the exact quantity, kind and form specified above.

3. This authorization does not relieve the exporter from com- pliance with any Ordinance or regulations in force for the time being. relating to the exportation of goods from Hong Kong nor from any provision of any Post Office Ordinance, or of any Post Office Regulations for the time being in force, nor from any rules or regulations respecting the transmission of articles by post which may for the time being be in force, whether within the Colony or elsewhere.

4. If the drugs are authorized to be exported by ship the Duplicate Copy, which is attached, shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the Master of the vessel by which the consignment is despatched. [See fotenote (3).]

5. If the drugs are authorized to be exported by post the attached Duplicate Copy shall be placed inside the outer wrapper of the parcel containing the drugs. If the drugs are contained in more than one parcel, the Duplicate Copy shall be placed inside the outer wrapper of one of them; the parcels shall be consecutively numbered on the outer wrapper, and on each parcel there shall be legibly stated the number of the parcel in which the Duplicate Copy is to be found. [See footnote (2).]

*Strike out the words not applicable.

1518

6. The exporter, if so required by the Superintendent, shali produce to him, within such time as he may allow, proof to his satisfaction that the said drugs were duly delivered at the destination named in this authorization, and in the event of non-compliance with this condition the authorization shall be deemed void and of no effect.

7. The exporter shall furnish to the Superintendent such returns of the goods exported by him in pursuance of this authoriza- tion as may from time to time be required.

8. This authorization is valid only for the exporter named above and may be revoked at any time by the Superintendent. It shall be produced for inspection when required by any duly authorized

person.

9. This authorization, unless sooner revoked, shall continue in force for three calendar months from the date hereof. It must be produced, at the time of export, to an officer of

(1)*the Imports and Exports Department, (2)*the Post Office,

who will retain it.

If not used it shall be surrendered to the Superintendent within seven days of the date of its expiry.

(Signature and stamp of Superintendent.)

(Date)

NOTE.-(1) If any alteration is desired in this authorization it must be returned with a request for amendment and a statement of the reasons therefor. No unauthorized alteration is permissible.

(2) In the case of drugs exported by post failure to comply with this condition may lead to delay or confiscation of the parcels in the country of destination.

(3) In the case of drugs exported by ship this document is required in pursuance of the International Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or not. Failure to comply with the condition may lead to delay or confiscation of the consignment.

FORM C.

Authorization No.

File No.

[s. 5 (1).]

Here insert name and

full postal

address of importer.

Here insert name and

full postal address of exporter.

DANGEROUS DRUGS ORDINANCE, 1935.

Import Authorization.

In pursuance of the Dangerous Drugs Ordinance 1935 (herein- after called "the Ordinance"), the Superintendent hereby authorizes.

(hereinafter called "the importer')

to import the drugs specified in the Schedule hereto, from

1519

This authorization is issued subject to the following conditions: --

1. The drugs shall be imported before (date).

2. This authorization is not a licence to be in possession

of or to supply the drug imported.

3. This authorization does not relieve the importer from compliance with any Ordinance or regulations in force for the time being relating to the importation of goods into or transhipment of goods in Hong Kong or any Post Office Ordinance or regulations for the time being in force in Hong Kong.

4. This authorization is valid only for the importer and may be revoked at any time by the Superintendent, to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorized person.

5. This

authorization unless sooner revoked shall be produced to the Superintendent at the time of importa- tion and shall be surrendered to the Superintendent at the time when the last consignment of drugs is imported. 6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 this authorization shall immediately after that date be surrendered to the Superintendent.

7. The copy of the export authorization, if any. which the accompanies the drugs shall be forwarded to Superintendent immediately the importation of the drugs has been effected.

(Date).

(Signature and stamp of the Superintendent.)

SCHEDULE specifying the drugs and quantities thereof to be imported

THIS AUTHORIZATION IS NOT TO LEAVE THE POSSESSION OF THE IMPORTER

UNTIL IT IS SURRENDERED TO THE SUPERINTENDENT

..

1520

FORM D.

DANGEROUS DRUGS ORDINANCE, 1935.

Licence for the removal of dangerous drugs in transit.

[8. 7 (1).]

is hereby authorized to move the

dangerous drugs described hereunder from

to

Nature and quantity of dangerous drugs

Particulars of export authorization (or

diversion certificate) if any relating thereto

Name of ship on which the drugs were brought into the Colony

Date of arrival

Number of packages

Marks and numbers on packages

This licence is issued subject to the following conditions:

(1) This licence is valid only for the removal of the drugs.

specified above.

(2) The removal of the drugs shall take place between

..... a.m./p.m. and

a.m./p.m. on the

.19......

(3) If the removal of the drugs does not take place within the hours and on the day specified, this licence must be returned to the Superintendent forthwith; and in any case shall be surrendered when the removal has taken place.

(4) The drugs must not be moved unless a Revenue Officer

is present.

(5) This licence does not authorize the person named above to be in possession of the drugs otherwise than for the purpose of removing them in accordance with this licence.

(6) The packages containing the drugs are not to be opened

or broken in the course of the removal.

(7) This licence shall be produced at any time when required

by a duly authorized person.

(Date).

(Signature and stamp of Superintendent.)

!

1521

FORM E.

INTERNATIONAL OPIUM CONVENTIONS.

Diversion Certificate.

fs. 9 (1).]

I, being the person charged with the administration of the law relating to the dangerous drugs to which the International Opium Conventions apply, hereby certify that I have authorized the diversion of the consignment of drugs, of which particulars are given below, to the destination stated below.

Description and quantities of drugs...

Name of vessel on which the con- signment was brought to Hong Kong.....

Name and address of the exporter..

Number and date of export authoriza. tion and authority by whom issued

Name and address of criginal consignee named in the export authorization

Name and address of consignee to whom the consignment is authorized be diverted

Number and date of import certificate (and authority by whom issued) by virtue of which this diversion 12 authorized

Name of vessel on which the consign- ment is authorized to be carried from Hong Kong

Period within which the consignment is to be carried from the Colony

This certificate is issued subject to the following conditions:-

(1) The duplicate copy of this certificate shall accompany the consignment to the place of destination, and for this purpose shall be delivered to the Master of the vessel by which the consignment is dispatched.

(2) This certificate does not relieve any person who may he concerned with the carriage of the consignment of drugs specified above from compliance with any Ordinance or regulations in force for the time being relating to the exportation of goods from Hong Kong.

(3) This certificate is valid only for the consignment and for the period specified above, and may be revoked at any time.

(4) If the consignment of drugs is not carried from Hong Kong within the period specified above, this certificate shall be surrendered to the Superintendent.

(5) This certificate shall be produced at any time when

required by a duly authorized person.

(Signature and stamp of Superintendent.)

(Date).

NOTE. (1) If any alteration is desired in this authorization, it must be returned with a request for amendment and a statement for the reasons therefor. No unauthorized alteration is permissible.

(2) This document is required in pursuance of the International Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or not. Failure to comply with the condition may lead to delav or confiscation of the consignment.

-1522

FORM F.

DANGEROUS DRUGS ORDINANCE, 1935. s. 16.]

Certificate of Contents.

I,

..., (Assistant) Superintendent of

Imports and Exports, hereby certify that on (date)

I received personally from (name or description of officer)

(or as the

case may be) marked (if any special mark)

which I found to contain (quantity and nature of drug).......

and that on (date)

(quantity and nature of drug)

description of officer)

I personally handed the said

to (name and

in a sealed packet (or as

the case may be)........ marked (if any special mark).

Date

(Assistant) Superintendent of Imports and Exports.

Objects and Reasons.

1. The Secretary of State's despatch of the 31st May, 1933, intimated that His Majesty would not be advised to exercise his powers of disallowance in respect of Ordinance No. 31 of 1932; but called attention to a Circular despatch of the same date transmitting revised model clauses relating to the importation, exportation and transit of dangerous drugs.

2. As a result of a consideration of these model clauses it was decided not to bring Ordinance No. 31 of 1932 into force by a proclamation under section 19 thereof; but to repeal it and re-enact it in this new Ordinance in a revised form in which the model clauses have been incorporated. The Bill of this revised Ordinance was submitted to the Secretary of State and section 21 (3) has been redrafted in consequence of the directions contained in his despatch of the 29th May, 1955.

3. A Table of Correspondence is attached which shows the variations between this new Ordinance, the Ordinance it is to replace and the model clauses.

C. G. ALABASTER,

July, 1935.

Attorney General.

·

1523

TABLE OF CORRESPONDENCE.

Dangerous Drugs Ordinance, 1935.

Ordinance

No. 31 of

1932.

Remarks.

("Model" refers to model clauses enclosed in Colonial Office Circular despatch of 31st May, 1933.)

1

See notes to model.

2 (a)

new

Model.

2 (b)

Model.

2 (c)

2 (d)

Model.

2 (e)

Model.

Model.

2(f)

Model.

2 (g)

2 (h)

Model.

2 (i)

2 (j)

new

2 (k)

2 (c)

2 (1)

2 (d)

2 (m)

2 (e)

2 (n)

2(f)

2 (0)

2.(g)

2 (p)

2 (h)

3

5 and 15

4

LO

5

Model.

The notes to the model stated that the expression "convention" needs inter- pretation; but it was not therein defined as it was assumed that a suitable defini- tion already exists in the Ordinances of all Colonies. The Conventions in sub- section (2) are those referred to in the preamble to the Dangerous Drugs Act. 1932, (22 Geo. 5, c. 15).

Model 1. "Superintendent" for "appro- priate authority". Final sentence of Model 1 (1) omitted as covered by

section 12.

Model 2.

"Superintendent" for "appro- priate authority". In Model 2 (1) "sub- ject to such conditions as he shall deem fit" omitted as covered by section 12.

In sub-section (2) "substantially in form A set out in the Schedule hereto" for "(form A)", see section 2 (c).

Model 3. "Superintendent for "appropriate

authority".

1524

Table of Correspondence,-Continued.

Dangerous Drugs Ordinance, 1935.

Ordinance

No. 31 of

1932

Remarks.

("Model" refers to model clauses enclosed in Colonial Office Circular despatch of 31st May, 1933.)

7

8

CO

10

11

3 (1)

4

12

6

13

7

Co

14

15

9

Model 4. "Superintendent" for "appro- priate authority"; "form D" for "form E' as the model form D, an alternative form, is not adopted in the Ordinance. Final sentence of model 4 (1) omitted as covered by section 12.

Model 5. "Superintendent for "appro-

priate authority".

Model 6. "Superintendent" for "appro- priate authority"; "form E" for "form F".

In Model 6 (2) "in his absolute discretion" omitted as covered by section 12.

"with this Ordinance or regulations made thereunder or with a licence granted by the Superintendent" for "with a licence granted under this Ordinance". "danger- ous drug" for "drug to which this Ordin- ance applies. Sub-sections (2) and (3) of section 3 of No. 31 of 1932 omitted.

"dangerous drugs" for "the drugs to which this Ordinance applies"; "danger- ous drug" for "drug to which this Ordinance applies".

"licence, certificate or authorization" for

"licence or authority".

"dangerous drug" for "drug to which this Ordinance applies" in sub-section (1) (e) "or ship" omitted in sub-section (2) (d); compare 2 (e).

Redrafted.

"dangerous drug" for "drug to which this

Ordinance applies".

Redrafted.

16

10

17

11

18

12

19

13

22

20

14

21

16

22

17

23

18

24

19

Redrafted to allow of possession in transit subject to the restrictions imposed on dangerous drugs.

The Dangerous Drugs Ordinance, 1932, added to list of enactments repealed.

1525

Table of Correspondence,-Continued.

Dangerous

Ordinance

Drugs Ordinance, 1935.

No. 31 of

1932.

Remarks.

("Model" refers to model clauses enclosed in Colonial Office Circular despatch of 31st May, 1933.)

Schedule. Form A.

Form B.

Form C.

Model Form A substituted for Import certificate in Schedule to No. 31 of 1932. but with footnote omitted as Hong Kong does not now import raw opium for the purpose of manufacturing prepared opium.

Model Form B. In condition 3 "Ordinance or" for "Customs"; "any Post Office Ordinance" for "the Post Office Ordin- ance''.

In Condition 6 "Superintendent' for

"Commissioner of Customs".

In Condition 9 "Imports and Exports" for

"Customs".

Model Form C. In Condition 3 "Ordinance or" for "Customs"; "Ordinances or" after "Post Office".

In footnote "or to the Customs Officer etc." omitted. Customs Officer's endorsement omitted.

Form D.

Model Form E.

In Condition (4) a Revenue Officer" for "an officer of the Customs Department".

Form E.

Form F

Superin- tendents.

Certi- ficate.

Model Form F. In Condition (2) "Ordin-

ance or" for "Customs".

Title changed to "Certificate of Contents".

1526

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 217.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

Philippine Ports.

All ports in the United States of America,

including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Notification.

16th April,

1924.

30th April, 1926.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

26th July, 1935.

D. W. TRATMAN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

No. S. 218.--It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 9th day of August, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 21 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a) and (b).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $150.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

N.

E.

W.

Contents in Square feet. Price.

Annual Upset Crown

Rent.

Tung Chung, Demarcation District

No. 3, Lot No. 2353, Extension

Tung Chung.

225

Subject to

readjustment as

provided by the

Conditions of

Sale.

$

$$3

A

3

.50

26th July, 1935.

G. S. KENNEDY-SKIPTON,

District Officer, Southern District

1527

NOTICE TO MARINERS.

No. 64/1935.

No. S. 219.

  An obstruction is in place, approximately 270° three cables from the 231 foot sum- mit at the western extremity of Stonecutters Island.

Shipping is warned to give this area a wide berth.

Further notice will be issued when this obstruction has been removed.

Harbour Department,

23rd July, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

  No. S. 198.--It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Heating, etc., Nursing Staff Quarters, Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of July, 1935. The work consists of the installation of Heating and Hot and Cold Water Services of the Nursing Staff Quarters of the Queen Mary Hospital.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDErson,

Director of Public Works.

5th July, 1935.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 207.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the privilege of maintaining an advertisement boarding adjoining Kowloon Railway Station", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of July, 1935.

Each tenderer must attach to his tender a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer.

Further particulars and Forms of Tender may be obtained on application at the Head Offices, Kowloon-Canton Railway, Kowloon.

The Government does not bind itself to accept the highest or any tender.

R. D. WALKER, Manager & Chief Engineer.

12th Julu. 1935.

อง

IN THE SUPREME COURT OF

HONG KONG,

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 15 of 1934.

Re The Hung Cheong Pawn Brokers, of No. 2, Ko Shing Street, Victoria, in the Colony of Hong Kong.

}

FIRST and Final dividend of $27.47 per

A cent has been declared in the above-

matter.

[OTICE is hereby given that the above-

the Official Receiver's Office, Victoria, aforesaid on the 30th day of July, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

    Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 26th day of July, 1935.

A

JAMES J. HAYDEN,

Official Receiver.

IN THE Supreme COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 34 of 1933.

Re The Chuen Tack Bank and Chan Mung Hung and Fung Wan Chi, Partners therein of No. 177, Queen's Road Central, Victoria, in the Colony of Hong Kong.

THIRD ́ dividend of $2.00 per cent has

been declared in the above-matter.

NOTICE is hereby given that the above-

       mentioned dividend may be received at the Trustee's Office, (5th floor), China Build- ing, Hong Kong, aforesaid on the 5th day of August, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 24th day of July,

1935.

LI YAU TSUN, Trustee.

白告人股退承

民登虧易內到有泰

退承國報槪清人元股欄

股 二聲與楚裕昇

   人十明公此興泰今意上 公裕四以茂後堂欄因原環 茂興年免堂該陳之志日新 堂堂乙後王元 斡股 圖公市

萱昇如份

王陳六此培泰承 業

萱斡月佈無欄受槪盡

培如十 涉生經頂 頂將萱

全九

仝九

者茲上環新市街十六號元昇

故意已與所: 啓日 特盈交股占占昇

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 6 of 1934.

Re The Kowloon Silk Store of No. 31 Nathan Road, Kowloon, in the Colony of Hong Kong, dealers in Silk goods, and Tarachand Jhamat- mal, of an unkown address, Wong Yung of No. 2 Shelley Street, 2nd floor, Victoria, in the Colony of Hong Kong, married woman and Nelly Wong of the same address, partners therein.

FIRST and final dividend is intended to

A be declared in this matter.

Creditors who have not proved their debts by the 1st day of September, 1935, will be ex- cluded.

Dated the 26th day of July, 1935.

N

JAMES J. HAYDEN,

Official Receiver.

In the Matter of The Hoo Tin Restau-

rant Limited.

(IN LIQUIDATION.)

OTICE is hereby given that a first and final dividend is intended to be declared in this matter.

Creditors who have not sent in their names and addresses and the particulars of their debts or claims to the undersigned on or before the 10th day of August, 1935, will be excluded from distribution.

Dated the 25th day of July, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Liquidators, St. George's Building,

Hong Kong.

SOUTH CHINA BRICKWORK LIMITED.

NOTICE

OF

EXTRAORDINARY GENERAL Meeting.

NOTICE is hereby given that an Extra-

ordinary General Meeting of the members

of South China Brickworks, Limited, will be held at No. 25 Johnston Road, 2nd floor, in the Colony of Hong Kong, on Wednesday, the 31st day of July, 1935, at 4.30 p m. for the purpose of considering and, if thought fit, passing an Extraordinary Resolution the following resolu- tion, that is to say :-

"That it has been proved to the satis- faction of this meeting that the Company cannot, by reason of its liabilities, continue its business, and it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily, and that Li Tung of 10 Des Voeux Road Central, Victoria aforesaid, be and he is hereby appointed liquidator for the purpose of such winding-up."

And Notice is also hereby given that a Meet- ing of creditors of the Company will be held at No. 25 Johnston Road, 2nd floor, Victoria aforesaid, on Wednesday, the 31st day of July, 1935, at 4.45 p.m.

Dated the 23rd day of July, 1935.

By order of the Board,

JACKSON LAO,

Managing Director.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

"

In the Matter of the Estate of Henry Richard Landolt late of "Milton House No. 106 Milton Street, Ashfield near Sydney in the State of New South Wales (formerly of No. 4 Cumberland Road, Kowloon Tong, Hong Kong,) Accountant, deceased,

NOTICE is hereby given that the Court

has, by virtue of Section 58 of The Probate Ordinance 1897, (No. 2 of 1897), made an Order limiting the time for sending in claims to or against the above estate to the 22nd day of August, 1935.

Creditors and claimants are hereby required to send their claims to the undersigned by the ábové date.

Dated the 25th day of July, 1935.

LO AND LO,

Solicitors for the attorney of Doris May Landolt, the Executrix of the will

of the above-named deceased, Alexandra Building,

Des Voeux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Admiral Hugh Figot Williams late of the Manor House Bedhampton near Havant in the County of Hants, Retired Admiral deceased,

NOTICE is hereby given that the Court

has, hy virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 17th day of August, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 22nd day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executors and Trustees, Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In the Goods of Claude Ivon Williams, late of 49, Roland Gardens South Kensington in the County of Mid- dlesex, Retired Captain, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 19th day of Angust, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 26th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executor and Trustee, Prince's Building, Ice House Street, Hong Kong.

1

(FILE No. 288 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Abdulhusein Jafferjee of Bankshall Street, Colombo, in the Colony of Ceylon, Merchants, have on the 12th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

DOUBLE

JAVAN

SPECIALLY MADE FOR ABDULHUSEIN JAFFERJEE MADE IN china

in the name of Abdulhusein Jafferjee who claim to be the proprietors thereof.

      The said Trade Mark has not hitherto been used by the Applicants but it is the Applicants' intention so to use it forthwith in respect of fire-crackers in Class 20.

     Facsimiles of the said mark can be seen at the offices of the Register of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of July, 1935.

LYSON AND HALL, Solicitors for the Applicants, No. 6, Queen's Road Central,

Hong Kong.

(FILE No. 209 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Imperial

Chemical Industries Limited, a Com-

pany duly incorporated under the Laws of Great Britain, of Imperial Chemical House, Millbank, London, S.W.1, England, as Associa- tion of Merchants and Manufacturers, have applied for the Registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MAXO CLOR

in the name of Imperial Chemical Industries Limited, who claim to be the Proprietors thereof.

The said Trade Mark is used by the Appli- cants in respect of the following goods:-

Chemical substances used in manufac- tures, photography, or philosophical research, and anticorrosives, in Class 1;

Chemical substances used for agricul- tural, horticultural, veterinary and sanitary purposes, in Class 2; Candles, common Soap, detergents; illuminating, heating or lubricating oils; matches; and starch, blue and other preparations for laundry purposes, in Class 47.

Dated the 26th day of July, 1935.

REMFRY & SON,

Patent and Trade Mark Attorneys,

Stephen House", Dalhousie Square,

Calcutta.

(FILE No. 208 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that New-York

Hamburger Gummi-Waaren Compagnie, a Company organized under the Laws of Germany, of 30. Hufnerstrasse, Hamburg, Germany, Manufacturers and Merchants, have applied for the Registration in Hong Kong, in the Register of Trade Marks of the following

Trade Mark:-

FATURAN

in the name of New-York Hamburger Gummi- Waaren Compagnie, who claim to be the Pro- prietors thereof.

The said Trade Mark is used by the Ap- plicants in respect of the following goods :-

Moulding or plastic compositions setting under heat and/or pressure made wholly or principally of synthetic or natural resins, or of casein or of cellulose esters or cellulose ethers, sold in the form of powder, granules, pieces, rods, tubes, sheets, slabs, or blocks and articles made from such compositions, in Class 50.

Dated the 26th day of July, 1935.

REMFRY & SON,

66

Patent and Trade Mark Attorneys, 'Stephen House ", Dalhousie Square, Calcutta.

(FILE No. 286 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Holland China Trading Co., Ltd., of No. 67 to 69, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have on the 10th day of July, 1935, applied for the registration, in long Kong, in the Register of Trade Marks, of the following Trade Mark, viz-:-

CONDENSED MILK

STRONG MAN BRAND FULL CREAM SWEETENED

和國製造

康健牌煉

MANUFACTURED IN HOLLAND FOR HOLLAND CHINA TRADING CO., LTD

HONG 理代行洋時好 KONG

in the name of the said Holland China Trading Co., Ltd., who claim to be the sole proprietors thereof.

The above Trade Mark is intended to be used by the applicants as follows:-

Condensed Milk in Class 42. Registration of the mark shall give no right to the exclusive use of the Chinese characters

appearing thereon.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 26th day of July, 1935.

HOLLAND CHINA TRADING CO., LTD., Applicants.

(FILE No. 292 of 1935). TRADE MARKS ORDINANCE 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that The General

Tire & Rubber Company, a Corporation organized under the laws of the State of Ohio, in the United States of America, and located and doing business at Akron, in the County of Summit, State of Ohio. U. S. A., Mauufacturers, have on the 15th day of July, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

GENERAL

(2)

JUMBO

(3)

streamline

in the name of The General Tire & Rubber Company, who claim to be the proprietors thereof.

Trade Marks Nos. 1 and 2 have been used by the Applicants since the year 1916 and Trade Mark No. 3 has been used by the Appli- cants since the year 1931, all in respect of the following goods :-

Goods manufactured from India-Rubber and Gutta-Percha nct included in other classes, in Class 40.

Dated the 26th day of July,

1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 296 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Ruberoid Company Limited, of Lin-

coln House, 296-302 High Holborn, London W. C. 1. Manufacturers, have on the 19th day of July, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ASTOS

in the name of The Ruberoid Company Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not been used by the Applicants, but it is their intention so to use it forthwith, in respect of the following goods :--

Dampcourses for use in buildings and other structures; waterproof mater- ials for lining buildings and other structures, in Class 17

and

Roofing felts, in Class 50.

""

The "Astos" mark in Class 17 and the "Astos mark in Class 50 are associated with each other.

. Dated the 26th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

N

1532

(FILE NO. 201 of 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four Trade Marks.

OTICE is hereby given that Morinaga Rennyu Kaisha, Limited, (Morinaga Condensed Milk Co., Ltd). of No. 12, 1 chome Tamachi Shiba-ku, Tokio, Japan, on the 9th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

TRADE

MARK

(1)

NET WEIGHT 450 Grs.

THREE STAR

MILK POWDER

THE NATURAL MILK FOOD

for INFANTS AND INVALID

(3)

AEROPLANE

TRADE

MARK

UNSWEETENED

STERILIZED EVAPORATED

MILK

Net weight

FOOK SAU BRAND

WULOO

TRADE

正牌

(2)

MARK

福壽

(4)

TRADE

FULL CREAM

SWEETENED CONDENSED MILK

NET WEIGHT 14OZS

BRAND

8

MARK

ZA

胡蘆

MACHINE SKIMMED

SWEETENED CONDENSED MILK

NET WEIGHT 14OZS

   in the name of the said Morinaga Rennyu Kaisha, Limited (Morinaga Condensed Milk Co., Ltd), who claim to be the proprietors thereof.

The following Trade Marks are intended to be used by the Applicants as follows:--

1.

2.

3.

4.

Three Star" in respect of Milk Powder in Class 42.

"Fook Sau Brand in respect of Condensed Milk in Class 42.

Aeroplane" in respect of Canned Milk in Class 42.

"Wu Loo Brand" in respect of Condensed Milk in Class 42.

Dated the 28th day of June, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, Hong Kong.

1933

NOTICE

(FILE NO. 239 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Eight Trade Marks.

[OTICE is hereby given that Standard-Vacuum Oil Company, of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broadway, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong, have on the 28th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

SURETT

(3)

MARINEX

(5)

( 2 )

KUBOLA

(4)

MARMAX

TELO-MAR

(6)

CYLO-MAR

(7)

ZERO-MAR:

(8)

ESSO-MAR

   in the name of Standard-Vacuum Oil Company, who claim to be the proprie- tors thereof.

Marks Nos. (3) and (4) are associated with each other; (5), (6), (7) and (8) are associated with one another, and (8) is also associated with Nos. 89, 90, 91, and 92 of 1935.

      The above marks have not hitherto been used by the applicants but it is their intention to use them in respect of Petroleum and products of petro- leum with or without admixture of other materials and in particular, lubricat- ing oils and greases in Class 47.

Dated the 28th day of June, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY, Asst. General Manager.

(FILE No. 258 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that the Hong

Kong Rubber Manufactory Limited whose registered office is situate at No. 41 Belchers Street, Kennedy Town, in the Colony of Hong Kong, have, on the 24th day of June, 1935, applied for registration in Hong Kong, in the register of Trade Marks in Class 38 in respect of rubber shoes, of the following Trade

Mark:-

Trade

Mark

British Empire Made.

in the name of Hong Kong Rubber Manufactory Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since June, 1935.

Dated the 28th day of June, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 218 of 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trude Mark.

OTICE is hereby given that The Chung

Wo Knitting Company, of Nos. 12, 14 and 16, Fuk Chuen Street, Taikoktsui, Hong Kong, Knitting Manufacturers, have on the 23rd day of May, 1934, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CHUNG WO KNITTING O

商標

職業線和中

in the name of The Chung Wo Knitting Com- pany, who claim to be the proprietors thereof.

The Trade Mark has been used by The Chung Wo Knitting Company in respect of singlets in Class 38 and is intended to be used by The Chung Wo Knitting Company in respect of hosiery in Class 38.

Registration of this Mark shall give no right to the exclusive use of the words "Chung Wo" in English and Chinese.

Dated the 28th day of June, 1935.

THE CHUNG WO KNITTING CO.

Applicants.

(FILE No. 248 of 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for the Registration of a Trade Mark.

NOTICE is hereby given that Vince Laboratories Incorporated of No. 113

W. 18th Street, New York in the United States of America, have on

(FILE No. 2 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

the 15th day of June, 1935, applied for registration of the following Trade NOTICE is hereby given that Sin Shun

Mark

trading as Tai Seng Kung of 323 Shanghai Street, Yaumati, Kowloon, Hong Kong, has on the 2nd of January, of 1935, applied for the registration, in Hong Kong,

in the Register of Trade Marks, of the following Trade Mark :-

ÞEGL AUVN8833 03160ɑv BOXOVA ETAIS MIN

Baş derspielcz pood

ANIS

IN 20 8 Sinod

DIRECTIONS

As a mouthwash or gargle, dissolva ana teaspoonful of Vince in

a half glass of worm wette. Rinas the mouth thoroughly, forcing liquid between teeth. Repeat several times daily follow your dentist's or physician's directions.

VINICE LABORATORIES, INC.

NEW TOWNY

LABORATORES

VINCE

FOR MOUTH HYGIENE

EFFECTIVE REFRESHING

FOR USE AS A

DENTIFRICE

Use a soft, moistened, teorhbrush. Pour Vines directly on the brush, or, preferred, into polen of hond, and pick up with brush. After brushing toerk and gums rinse mouth horoughly. Use a hard brush for dental plates. For other was consult your dentist or physition.

KEEP CAN CLOSED

MADE IN USA

No 463

SEX. 1234-

VINCE

FOR MOUTH HYGIENE

EFFECTIVE REFRESKING

14153 7

THE COMBINED ANTISEPTIC DENTIFRICE AND MOUTHWASH

THE COMBINED ANTISEPTIC DENTIHICE AND MOUTHWASH

公⁑聲⁑大

防影射

商標。真像為記

in the name of the said Vince Laboratories Incorporated, who claim to be the sole proprietors thereof.

The mark has been used by the Applicants since 1933 in respect of dentifrice in Class 48.

The applicants disclaim the right to the exclusive use of all the words and numerals appearing on the mark with the exception of the word " Vince" and the applicants' name.

      Facsimiles of the mark may be seen at the offices of the Registrar of the undersigned.

Dated the 28th day of June, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central, Hong Kong.

(FILE No. 293 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Lo Ying Kwan () of No. 81,

(勞英羣)

     Des Voeux Road Central, First Floor, Hong Kong, has on the 17th day of July, 1935, applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Mark :-

The Hong Kong

Government Gazette

Local Subscription.

茶眾濟

in the name of Sin Shun trading as Tai Seng Kung, who claims to be the proprietor thereof.

Such trade mark has not hitherto been used by him in respect of the goods mentioned in his application but it is his intention so to use it forthwith in respect of Medicated Tea in

Class 3.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Mark

of Hong Kong and of the undersigned.

Registration of this mark shall give no right to the exclusive use of the Chinese characters

茶眾濟 "appearing thereon.

Dated the 28th day of June, 1935.

TAI SENG KUNG,

323 Shanghai Street, Kowloon, Applicant.

in the name of Lo Ying Kwan, who claims to be the sole proprietor thereof.

Such Trade Mark has not hitherto been used by the applicant but it is his intention so to use it forthwith in respect of Patent medicines and medicated articles in Class 3.

Representations of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 26th day of July, 1935.

LO YING KWAN,

Applicant.

Per annum (payable in advance),......

Half year,

(do.),

Three months, (do.),

$18.00

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character, Repetitions,

$1.00 for 1st $0.20 insertion.

5 cents. Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

Trade and Shipping Returns for the month of

June, 1935.

(OMPILED by the Statistical

Cranch of the Imports and Ex-

ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers.

18, Ice House Street.

1955

(FILE NO. 210 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

is hereby

(FILE No. 216 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N and Company, given that Abbas Khan NOTICE is hereby given that Cheung Ka

Road, Victoria, in the Colony of Hong Kong, Provision Dealers, have on the 15th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEST

QUALITY

SOLDIER BRAND

Chai Firm) of No. 164, Wing Lok Street, West, (ground floor), Victoria, in the Colony of Hong Kong, General Merchants, on the 22nd day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz

FILE No. 196 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Sam Wo

Hing & Company, Limited, of No. 21, Queens Street, Victoria, in the Colony of Hong Kong, have on the 1st day of May, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Mark viz:-

خالص لکھنے کا گھی

بڑی احتیاط لیے لکھن کو گرم کر کے تبا

PURE GHEE

PREPARED FOR ABBAS KHAN & Co.

HONG KONG

in the name of Abbas Khan and Company, who claim to be the proprietors thereof.

     The said Trade Mark has been used by the Applicants in Class 42 in respect of Ghee (Clarified butter) since April, 1935.

Dated the 31st day of May, 1935.

A. EL ARCULLI, Solicitor for the Applicants, No. 10, Ice House Street, Hong Kong.

(FILE No. 87 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Ngai Sang Knitting Company, Limited, of Nos. 36-44 Nullah Road, Kowloon, in the Colony of Hong Kong, have on the 27th day of February, 1935, applied for the registration in Hong Kong,

in the Register of Trade Marks, of the following Trade Marks viz:-

(1)

造織生藝港香

NGAI SANG KNITTING CO.LTD.

THIS GENUINE WINE IS INCOMPARABLY GOOD TO HEALTH

in the name of Sam Wo Hing & Company, Limited, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredient in food.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks

in the name of Cheung Ka Chai Firm, (of

who claim to be the proprietors

thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 3 in respect of Medicated or medicinal wine and in Class 43 in respect of Medicated or medicinal wine.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

It is hereby stated that Registration of this mark shall give no right to the exclusive use

of the Chinese Characters (張家濟)

appearing thereon.

Dated the 31st day of May, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE NO. 203 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Hong Kong and of the undersigned. Dated the 31st day of May, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

(FILE Nos. 197 AND 212 OF 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Batten and

Company, ▲)

of China Building, Victoria, Hong Kong, have, by two applications dated respectively, the 2nd and 18th days of May, 1935, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

Building, Queen's Road Central, Hong Kong, Importers, Exporters and Commission Agents,

(2)

OTICE is hereby given that The Eastern

Bank of

MOTOR CAR BRAND

車由自

(2)

【造纖生藝港香

NGAI SANG KNITTING CO.LTD.

牌雁射

in the name of the said Ngai Sang Knitting Company, Limited, who claim to be the pro- prietors thereof.

The Trade Marks are intended to be used by the Applicants in respect of Singlets in Class 37.

      Fac-imiles of the Trade Marks can be seen at at the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 31st day of May, 1935.

NGAI SANG KNITTING CO. LTD.,

Applicants.

have, on the 10th May, 1935, applied for re-

gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

上等火柴

WINGED ANCHOR

製廠柴火新鼎商華

飛錨商標

in the name of The Eastern Trading Company,

who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by The Eastern Trading Company but it is their intention so to use it forthwith in respect of Matches in Class 47.

Registration of this Trade Mark shall give no right to the exclusive use of the medal devices.

Dated the 31st day of May, 1935.

THE EASTERN TRADING COMPANY, Bank of China Building, Hong Kong.

Applicants.

夀福 (r)

牌禄

سلام

in the name of the said Batten and Company, who claim to be the proprietors thereof.

Trade Mark No. 1 is intended to be used by the Applicants forthwith in respect of Chemical substances used in manufacturers, photography or philosophical research and anti-corrosives in Class I and Trade Mark No. 2 in respect of Milk in Class 42.

Dated the 31st day of May, 1935.

BATTEN AND COMPANY, China Building, Hong Kong, Applicants.

1536

(FILE No. 166 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

(FILE No. 198 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Chan Kam

Hon trading as the China Ink Manufac- turing Company of To Kwa Wan, in the Dependency of Kowloon, in the Colony of Hong

NOTICE is hereby given that The Wong Wing Sing Firm (E) Kong, has on the 2nd day of May, 1935, applied

of No. 61, Des Voeux Road West, Hong Kong, have, by five applica- tions all dated the 11th day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark, namely :---

Winged Horse Mark

(1)

TRADE

MARK

(2)

牌極太

牌童雙

in the name of the said Wong Wing Sing Firm, who claim to be the proprie- tors thereof.

       The trade marks are intended to be used by the applicants forthwith as to mark No. (1) in Class 42 in respect of Pulses, Olive Oil, Malt, Dried Fruits, Canned Fruits, Tea, Sago, Salt, Preserved Meats, Marine Delicacies, Fish, Oil Cakes, Soy, Sauce, Pickles, Flavouring Powder and Milk, and in Class 47 in respect of Common Soap and Matches, and in Class 48 in respect of Perfumed Soap and as to mark No. (2) in Class 47 in respect of Common Soap and Matches and in Class 48 in respect of Perfumed Soap.

牌馬飛

in the name of the said Chan Kam Hon trading

as the China Ink Manufacturing Company, who

claims to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in Class 39 in respect of Print- ing Inks.

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 31st day of May, 1935.

P. H. SẢN & CO., Solicitors for the Applicant,

Asia Life Building, Hong Kong.

NOW READY.

STREET INDEX

Twenty-Third Edition

The Applicants undertake not to colour in gold trade mark No. (1) in REVISED Edition, which includes

Class 42 when used in respect of Milk.

Dated the 31st day of May, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building, Hong Kong.

1935.

all alterations up to February,

Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

Price $50 PER

COPY

obtainable at

NORONHA & CO.

PRINTED AND PUBLISHED By NORONHA & CO., PRINTERS TO THE HONG KOng Government.

1538

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 220.-The following Bills are published for general information:-

(C.S.O. 4315/35).

A BILL

[No. 27-29.7.35.-3.]

Short title.

New section 19A to

Ordinance

No. 40 of 1932.

Offences in connection with

telephone

calls or messages or telegrams. 25 Geo. 5, c. 15,

s. 10 (2).

INTITULED

An Ordinance to amend the Summary Offences Ordinance,

1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Summary Offences Amendment Ordinance, 1935.

2. The Summary Offences Ordinance, 1932, is amended by the addition of the following section after section 19 thereof :-

19A. Every person who---

(a) sends any message by telegraph, telephone, wireless telegraphy or wireless telephony which is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends by any such means any message, which he knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any other person; or

(c) persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid,

shall be liable to a fine not exceeding one hundred dollars and to imprisonment for any term not exceeding one month.

Objects and Reasons.

Section 2 of this Ordinance inserts in the principal Ordinance a new section 19A based on the provisions of section 10 (2) of the Post Office (Amendment) Act, 1935, (25 Geo. 5, c. 15) relating to the sending of grossly offensive matter by telephone, and to false and malicious telephone messages and telegrams. Paragraphs (a) and (b) have been adapted so as to include messages by telegraph, telephone, wireless telegraphy or wireless telephony.

C. G. ALABASTER,

Attorney General.

July, 1935.

(C.S.O. 380/1888).

1539

[No. 20:-26.6.34.-3.]

A BILL

INTITULED

An Ordinance to regulate certain official signatures and to

provide for the payment of fees therefor.

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

1. This Ordinance may be cited as the Official Signatures Short title. Fees Ordinance, 1935.

signatures

therefor.

2. (1) Subject to the provisions of the Crown Fees Certain Ordinance, 1870, where by or under any enactment of this official Colony or elsewhere, the signature of the Governor or any and fees public officer mentioned in the Schedule is required to any Ordinance certificate, authorization, consent, licence, permit or No. 5 of exemption, or any alteration, transfer or renewal thereof, 1870. addition thereto or endorsement thereon, or any copy of the Schedule. same, and no fee for such signature is prescribed by law, the appropriate fee prescribed in the Schedule shall be payable for such signature.

(2) For the purposes of this Ordinance where by or under any enactment of this Colony the signature of any public officer is required to any document, it shall be sufficient unless otherwise expressly enacted if a similitude of the signature of such public officer is impressed on the document by some other person by or under his authority, and authenticated by the signature of such other person.

3. The Governor in Council may amend the Schedule Power to in any manner whatsoever.

amend Schedule.

No. 1 of

4. The Official Signatures Fees Ordinance, 1888, the Repeal of Official Signatures Fees Amendment Ordinance, 1931, and Ordinances the Official Signatures Fees Amendment Ordinance, 1934, are repealed.

1888, No. 22

of 1931 and No. 24 of 1934.

SCHEDULE.

Designation of officer.

The Governor

The Colonial Secretary

[ss. 2 and 3].

Fee for signature.

$10.00

5.00

The Colonial Treasurer

...

:

:

:

5.00

The Secretary for Chinese Affairs

The Director of Public Works...

5.00

5.00

The Director of Medical and Sanitary Services ...

5.00

The Inspector General of Police

5.00

1540

The Harbour Master

4

The Registrar of the Supreme Court....

The Superintendent of Imports and Exports

The Head of the Sanitary Department...

The Registrar of Companies

The Official Trustee...

The Official Administrator

...

The Clerk of Councils

:

:

:

:

:

:

:

:

$5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

Objects and Reasons.

1. This Ordinance repeals the Official Signatures Fees Ordinance, No. 1 of 1888, and two amending Ordinances, Nos. 22 of 1931 and 24 of 1934, and substitutes new provisions therefor.

2. Section 2 (1) of this Ordinance specifies the cases in which, subject to the provisions of the Crown Fees Ordin- ance, No. 5 of 1870, a fee is to be charged for the official signatures set out in the Schedule, thus giving effect to the present practice of charging a fee under Ordinance No. 1 of 1888, the provisions of which were derived originally from section 11 of Ordinance No. 21 of 1844, a licensing Ordinance, for certain signatures to certificates, licences and similar official permissions for which no other enactment prescribes a fee, and removing doubts arising from the form of Ordinance No. 1 of 1888, which have been expressed as to the scope of that Ordinance.

Section 2 (2) of this Ordinance enables the signature of public officers, under local enactments, to be affixed by an agent to certain documents, which the agent is required to

sign.

3. Section 3 of this Ordinance gives the Governor in Council power to amend the Schedule in any manner whatsoever.

4. The Schedule to this Ordinance is derived from section 2 of Ordinance No. 1 of 1888, as amended by Ordinances Nos. 5 of 1928, 18 of 1929, 22 of 1931 and 24 of 1934. The exception to section 2 (1) of Ordinance No. 1 of 1888 is now rendered unnecessary by section 2 of this Ordinance, and has been omitted, and the opportunity has been taken to include in the Schedule the Registrar of the Supreme Court, the Registrar of Companies, the Official Trustee and the Official Administrator, for the signature of each of whom a fee of $5 is to be charged.

June, 1935.

C. G. ALABASTER,

Attorney General.

1541

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 221.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 183 of 25.6.35.

S. 184 of 24.6.35.

Tender for repairs to G.P.O. 1.

Messrs. Kwong Cheung Hing.

S. 208 of 8.7.35.

S. 209 of 8.7.35.

S. 206 of 12.7.35.

S. 185 of 27.6.35.

Tender for repairs to "Clayton

Barge".

Tender for supplying and lay- ing wood block flooring at The New Central British School, Kowloon.

Messrs. Kwong Hip Lung Co.,

(1932) Ltd.

Messrs. The China Import and

Export Lumber Co., Ltd.

Tender for supplying and lay-❘ Messrs. A. Vannini & Co.

ing Terrazzo at The New

Central British School,

Kowloon.

Tender for new Traffic Quar- Messrs. Woo Hing.

ters at Lowu.

Tender for the supply of 3 Launch "Mooring Buoys".

S. 195 of 4.7.35.

Tender for maintenance of

Water Works.

Messrs. The Taikoo Dockyard

and Engineering Company of Hong Kong Ltd.

Messrs. Kin Lee & Co.

2nd August, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEpartment.

No. S. 222.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

2nd August, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1542

PUBLIC WORKS DEPARTMENT.

No. S. 223.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Heating System, New Magistracy, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 19th day of August, 1935. The work consists of the installation of a heating system at the New Magistracy, Kowloon.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th July, 1935.

E. NEWHOUSE, Director of Public Works.

HARBOUR DEPARTMENT.

  No. S. 224.-Tenders are invited for the purchase of the Old Government Steam Launch H.D. 1.

  The vessel will be sold as she lies at the Government Slipway, Yaumati, with engine and fittings except boiler.

The approximate dimensions of the vessel are as follows:-

Length 52 feet 6 inches.

Breadth 10 4

""

Draft 6 4/1/2

59

""

Sealed tenders in triplicate which should be marked "Tenders for the purchase of Old H.D. 1" will be received at the office of the Colonial Secretary until noon of Monday, the 19th August, 1935.

The Government does not bind itself to accept the highest or any tender.

29th July, 1935.

G. F. HOLE,

Harbour Master, &c.

1543

PUBLIC WORKS DEPARTMENT.

  No. S. 225.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 19th day of August, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

¡Contents

in Sq. feet.

Annual Upset

Rent. Price.

E.

W.

No.

of

Registry No.

Locality.

Sale.

N.

feet. feet. feet.

feet.

€9

$

1

Inland Lot No. 4365.

Near Inland Lot No. 2336, Blue Pool Road, Wongneichong.

As per sale plan.

About

5,450

100

8,175

2nd August, 1935.

No. S. 226.

R. M. HENDerson,

NOTICE TO MARINERS.

No. 65/1935.

Director of Public Works.

Hong Kong Harbour.

 In connection with dredging for Harbour Improvements referred to in Notice to Mariners No. 55/1935, No. S. 173, the work of erecting a timber staging in position,

Lat. 22° 17' 43" N. Long. 114° 9' 30" E.

will commence early in August.

The vessel used in erecting the staging will fly a large red square flag by day and two vertical red lights by night.

The stagings when erected will be marked in a similar manner.

 Vessels are to navigate with care in the vicinity of the staging and the vessel engaged in its erection.

Harbour Department,

29th July, 1935.

G. F. HOLE,

Harbour Master, &c.

A

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP.)

Notice of Dividend Declared.

No. 1 of 1934.

In the matter of the Companies Ordi-

nance, 1932,

and

In the matter of The Kwan Yick Manu-

facturers, Limited.

FIRST and Final dividend of $5.90 per cent has been declared in the above-

matter.

NOTI

OTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 7th day of August, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

   Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 2nd day of August, 1935.

JAMES J. HAYDEN, Official Receiver and Liquidator.

1545

IN THE SUPREME COURT OF HONG KONG.

Between

N

SUMMARY JURISDICTION

Action No. 882 of 1935.

Kartar Singh

and Dalip Singh

Plaintiff,

Defendant.

OTICE is hereby given that a Writ of Foreign Attachment returnable on the 12th day of August, 1935 against the property movable or immovable of the above named defendant, Dalip Singh, within the Colony has been issued in this action pursuant to the provisions of Chapter XVII, of the Hong Kong Code of Civil Procedure.

Dated the 30th day of July, 1935.

LO AND LO, Solicitors for the Plaintiff, Alexandra Building, Hong Kong.

THE HONGKONG LAND INVEST.

MENT AND AGENCY CO., LTD.

AN Interim Dividend of One Dollar

share for the six months ended 30th June, 1935, will be payable on TUESDAY, 20th August, on which date Dividend Warrants may be obtained on application at the Com- pany's Offices, 3 Chater Road.

Notice is hereby given that the Register of Shares of the Company will be closed from Thursday, 8th August, to Monday, 19th August, (both days inclusive), during which period no transfer of shares can be registered.

By Order of the Board of Directors,

O. EAGER, Secretary.

Hong Kong, 1st August, 1935.

and

IN THE SUPREME COURT OF HONG KONG.

Re

Ex-parte

IN BANKRUPTCY.

No. 9 of 1934.

Lion & Son Knitting Co. otherwise known as The Lai On Knitting Co.

Lou Foo San.

OTICE is hereby given that the Trustee

N herein, who was appointed on the 12th

day of May, 1934, has been released from his Trusteeship by Order of the Court dated the 27th day of July, 1935.

Dated this 31st day of July, 1935.

J. B. PRENTIS,

Trustee.

IN THE SUPREME COURT OF HONG KONG.

Between

N

SUMMARY JURISDICTION,

Action No. 883 of 1935.

Kartar Singh

and Dalip Singh.

Plaintiff,

Defendant.

OTICE is hereby given that a Writ of Foreign Attachment returnable on the 12th day of August, 1935, against the property movable or immovable of the above named defendant, Dalip Singh, within the Colony has been issued in this action pursuant to the provisions of Chapter XVII, of the Hong Kong Code of Civil Procedure.

Dated this 30th day of July, 1935.

LO AND LO, Solicitors for the Plaintiff. Alexandra Building,

Hong Kong.

In the Matter of The Companies Ordin-

ance, 1932.

In the Matter of South China Brickworks,

Limited.

EXTRAORDINARY RESOLUTION

Aan matraordinaryhe aboveamed Com-

Tan Extraordinary General Meeting of

pany duly convened and held at its Registered Offic at No. 25, Johnston Road (2nd Floor), Victoria, in the Colony of Hong Kong, at 4.30 o'clock p.m. on the 31st day of July, 1935, the following_resolution was passed as An Extra- ordinary Resolution :--

"That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound-up voluntarily

and that Li Tung(李桐)

of The Bank of East Asia, Ltd. of Victoria, in the Colony of Hong Kong be appointed Liquidator for the purposes of such winding up."

Dated the 31st day of July, 1935.

YUNG HIN CHIU,

Chairman.

NOTICE OF TRANSFER.

IN of 1923, Notice is hereby given that Chiu Pun Fan() alias Chiu Yuk Chuen () of No. 11 Kimberley

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25

Road, Kowloon, in the Colony of Hong Kong, Merchant (hereinafter called "the Transferor")

I

NOTICE OF TRANSFER

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25 of 1923, Notice is hereby given that Chan Fook Kee), Suen Kan (), Wong Kam Kee() and Wong Wa Kee () who

carry on business as Exporters, Importers, Merchants, Commission Agents, Manufacturers, Remittance Agents, etc., under the name or

style of Chuan Chiong () at No. 126

In the matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The Thornhill and

Company, Limited.

CREDITORS' VOLUNTARY WINDING-UP.

has agreed to transfer to Chan Fat Wing Lok Street, Victoria, in the Colony of OTICE is hereby given in pursuant of

of No. 46 Peel Street, Victoria, in the Colony of Hong Kong, Merchant (hereinafter called "the Transferee ") All That the business

of the Transferor carried on at the ground,

first and second floors of No. 115 Wellington Street, the first and second floors of No. 113 Wellington Street, the second floor of No. 111 Wellington Street and the second floors of Nos. 162 and 164 Queen's Road Central, Victoria aforesaid under the name or style of "Koon Nam Yuk Kee Restaurant" including the goodwill, licence, fixtures, furnitures, stock-in- trade and fittings.

The Transferee intends to carry on the said business at the same address and will not assume the liabilities incurred in the business of the Transferor prior to the Second day of September, 1935.

Dated the 30th day of July, 1935.

DEACONS,

Solicitors for the parties.

Hong Kong, and also in China, The Philippine Islands, Burma and elsewhere and also under the style or firm name of Chuan Tiong Ham

Factory() at Macau

1.

(hereinafter called the Transferors") intend to transfer the said business on the 3rd day of September, 1935, to Chuan Chiong Company Limited, a company about to be formed under the Companies Ordinance, 1932 (hereinafter called the Transferee ") with its registered office at No. 126 Wing Lok Street aforesaid from which address it is intended that the said business should be carried on by the said Company.

46

It is not intended that the Transferee shall assume any of the liabilities incurred in the said business by the Transferors.

Dated the 2nd day of August, 1935.

WILKINSON AND GRIST, Solicitors for the parties.

Section 234 of the Companies Ordinance 1932, that a Final General Meeting of the Mem- ber of the above-named Company will be held at Mezzanine floor of China Emporium, Limited, Queen's Road Central, Victoria, Hong Kong, on Saturday, 7th September, 1935, at 4.00 p.m. and a General Meeting of the Creditors of the said Company will be held at the same place and on the same day at 4.30 p.m. for the pur- pose of having an account laid before them showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquida- tor and also determining by Extraordinary resolution the manner in which the books, accounts and records of the Company and of the Liquidator thereof shall be disposed of.

Dated this 2nd day of August, 1935.

LI TUNG,

Liquidator.

EDWARD WHEEN & SONS, LIMITED.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given that Edward Wheen & Sons, Limited is in Voluntary Liquidation as from 22nd July, 1935, and that the undersigned has been appointed the Hong Kong Agent of the Liquidator to realise local Assets.

Creditors are hereby given notice to send in a Statement of any accounts outstanding against the above-mentioned Company to the under- signed.

A. RITCHIE, C. A.,

c/o Lowe, Bingham & Matthews, Mercantile Bank Building,

Hong Kong.

N

1546

(FILE Nos. 294 AND 295 Of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

OTICE is hereby given that K. S. Pavri and Sons, of No. 32, Wyndham Street, Victoria, in the Colony of Hong Kong, have by five applica- tions dated the 17th, 17th, 17th, 17th and 19th days of July, 1935, respective- ly, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

( 2 )

(3)

Hong Kong, 2nd August, 1935.

In the Matter of The Hoo Tin Restau-

rant Limited.

(IN LIQUIDATION.)

OTICE is hereby given that a first and final dividend is intended to be declared in this matter.

      Creditors who have not sent in their names and addresses and the particulars of their debts or claims to the undersigned on or before the 10th day of August, 1935, will be excluded from distribution.

Dated the 25th day of July, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Liquidators,

St. George's Building,

Hong Kong.

PAVRIK

POWDER

Electro

JAVRI'S

OWDER

Silve

(4)

(5)

PAVRI'S

Alum

POWDER

(FILE No. 275 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Oxidite

      Battery Corporation, 137, Seymour in the name of K. S. Pavri and Sons, who claim to be the proprietors thereof. Road, Shanghai, have on the 10th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

OXIDITE

in the name of the Oxidite Battery Corpora- tion, who claim to be the proprietors thereof.

       The Trade Mark is intended to be used forth- with by the Applicants in Class 8 in respect to Batteries.

Dated the 2nd day of August, 1935.

HONG KONG MOTOR ACCESSORY COMPANY, LIMITED,

AGENTS FOR THE OXIDITE BATTERY

CORPORATION,

Shanghai, China.

Trade Marks Nos. 1, 2, 3 and 4 have not hitherto been used by K. S. Pavri and Sons but it is their intention so to use them forthwith in respect of Fire Crackers in Class 20.

Trade Mark No. 5 has been used by K. S. Pavri and Sons in respect of Fire Crackers in Class 20 since 1934.

Registration of Trade Marks Nos. 1, 2, and 3 shall give no right to the exclusive use of the word "Pavri's" appearing thereon.

Registration of Trade Mark No. 4 shall give no right to the exclusive use of the Chinese characters (1) appearing thereon and of the

representation of a female figure except as shown on the mark.

Registration of Trade Mark No. 5 shall give no right to the exclusive use of the Chinese characters (F) appearing thereon and of the representation of a female figure except as shown on the mark.

Dated the 2nd day of August, 1935.

K. S. PAVRI AND SONS, No. 32, Wyndham Street,

Hong Kong, Applicants.

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25 of 1923, Notice is hereby given that Mrs. Kathleen Renton of York Building, Victoria, in the Colony of Hong Kong, carrying on the business of Ladies gowns and hats under the style or firm name of "Felix" of the same address (hereinafter called "the Transferor") is desirous of transferring the said business of "Felix " to C. H. Bernard & Sons of Gloucester Building, Victoria aforesaid (hereinafter called "the Transferees ") on the 31st day of July, 1935.

    The Transferees intend to carry on the said business at the same address and under the style or firm name of the Paul Rennet Et Cie and will not assume any of the liabilities incurred by the Transferor in the said business.

Dated the 1st day of August, 1935.

N

KATHLEEN RENTON,

Transferor,

C. H. BERNARD & SONS,

Transferees.

In the Matter of The On Hing Company,

Limited.

Creditors Voluntary Winding-up.

OTICE is hereby given that a first divi- dend is intended to be declared in this

matter.

Creditors who have not sent in their names and addresses and the particulars of their debts or claims to the undersigned on or before the 17th day of August, 1935, will be excluded from distribution.

Dated the 2nd day of August, 1935.

THE NEW

初瓊李

民福關

泉沛崔

馨柏陳

Liquidators,

c/o The Nam Ping Hotel of No.

143 Des Voeux Road Central, Hong Kong.

1547

(FILE NO. 298 of 1935 )

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Pharmaceuticals (Far East) Limited, (***TRA) of No. 306, Gloucester Building, of Victoria, in the Colony of Hong Kong, have, on the 19th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks namely:- (1)

POLISEX

(2)

POLISEX

BE

有 料

in the name of the said Pharmaceuticals (Far East) Limited,

R) who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the Applicants in Class 3 in respect of Chemical Substances prepared for use in medicine and pharmacy.

The Trade Marks "POLISEX" (word) mark and the "POLISEX" (word and device) mark are associated with each other and that the Registra- tion of the "POLISEX" (word) Mark shall give no right to the exclusive use of the letters "P" and X" and that the applicants undertake not to use the cross appearing on the "POLISEX (word and device) mark in red on a white ground or white on a red ground.

66

Facsimiles of such above Trade Marks can be seen at the Offices of

the Registrar of Trade Marks and of the undersigned.

N

!

Dated the 2nd day of August, 1935.

(FILE No. 308 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chi Yuen Tong, of No. 6, Yuen Yuen Street, Happy Valley, Hong Kong, have on the 27th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

UMBRELLA

BRAND

P. H. SIN & CO.,

Solicitors for the Applicants,

Asia Life Building,

Hong Kong.

(FILE NO. 289 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Jik Tak Hong

of No. 349, Hennessy Road, Victoria, day of July, 1935, applied for the registration in the Colony of Hong Kong, have on the 13th in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

VEHICLES AND TRAFFIC

REGULATION

    is for Sale at NORONHA & CO., Government Printers

Price: $1 per Copy.

in the name of Chi Yuen Tong, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Patent Medicines and Medicated Articles in Class 3.

Dated the 2nd day of August, 1935.

CHI YUEN TONG, Applicants.

in the name of Jik Tak Hong, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Lubri- cating Oil in Class 47.

Dated the 2nd day of August, 1935.

JIK TAK HONG, 349, Hennessy Road,

Hong Kong, Applicants.

N

(FILE No. 250 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that H. Ruttonjee

& Son, of No. 7, Duddell Street, Victoria, N

in tho Colony of Hong Kong, have, on the 17th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Fine Old

1548

(FILE No. 241 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Waterbury

(FILE NO. 249 of 1935)

TRADE MARKS ORDINANCE, 1909

Chemical Company Incorporated of New N

York, in the United States of America, have on the 6th day June, 1935, applied for the registration of the following Trade Mark in the name of the said Waterbury Chemical Company Incorporated, who claim to be the sole proprie

tors thereof.

利寶大華 油肝魚繁

GREASQUES ↑

剪哎人及幼孩之

氣音炎。患肺炎熱病與之軟與及一切里推。

通補品。專治唏哦,風。

服法--日四次至六大。

SHAKE THE BOTTLE

Waterbury's,

Cod Liver Oil

Compound

ALCOHOL D 11%

Contains vitaros A and D obtained by the enzymotic ac

tion of panatic ferments upon cod fr oil and upon Eivers Bleens

Mallet Unfermented

Creosot and Guaiacol

Hypoglobites Compound

Extras Nom Wild Cherry,

calyplus and Aromatics

10^-1 Tablespoonful 4 to 6 times a day

Waterbury Chemical Co., Inc.

C.U.A 9. Loade

¿Blade - U.S.A.)

New York

PLEASANT

AND PALATABLE

GENERAL TONIC

without objection-

able taste, odor or grease, for adults and children In-

dicated in cougha,

colds, bronchitis,

after pneumonia or fevers and in

all cases of general

debility,

Application for Registration of a Trade Mark.

OTICE is hereby given that Monroe

& Company, (AJ)

of No. 359, Lai Chi Kok Road, Second floor), in the Dependency of Kowloon, Colony of Hong Kong, have, on the 17th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

彩话去牌老捕巡

Jamaica

Rum

in the name of H. Ruttonjee & Son, who claim to be the proprietors thereof.

     The Trade Mark has been used by the Ap- plicants in respect of rum in Class 43.

Registration of this Mark shall give no right to the exclusive use of the words "Fine Old Jamaica Rum" appearing thereon.

      A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Mark, of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 256 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs. N

       Mimosa A. G., trading as Mimosa A.-G., of Dresden, Germany, have by an application dated the 21st day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

Mimosa

in the name of the said Mimosa A.-G., who claim to be the proprietors thereof.

     The said Trade Mark is intended to be used by the Applicants forthwith in respect of Photographic films and plates in Class 1, and in respect of photographic papers in Class 39.

     A facsimile of the said Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

MIMOSA A.-G., Applicants.

The Mark has been used by the Applicants since 1907 in respect of medical preparation in Class 3.

The words " Waterbury Chemical Company Inc." appearing in red thereon have been de- clared distinctive by order of His Excellency the Officer Administering the Government pur- suant to Section 95 of the Trade Marks Ordin- ance 1909.

Registration of this Mark shall give no right to the exclusive use of the fish device appear- ing thereon.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 5th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE NO. 111 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that Foggitt Jones

Proprietary Limited, a Company duly incorporated according to the laws of the State of Victoria, in the Commonwealth of Australia, and having its Head Office at Turbot Street, Brisbane, in the State of Queensland, Manu- facturers, have on the 6th day of March, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

REX

in the name of Foggitt Jones Proprietary Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants or their predecessors in business since about the month of August in the year 1904, in respect of the following goods:--

Hams, Bacon, Butter, Cheese of all kinds including luncheon cheese and processed cheese, Canned meats, Canned fruits, and Tomato Juice, in Class 42.

Dated the 5th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

Hong Kong.

in the name of Monroe & Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since the year 1929 in Class 47 in respect of Washing powders.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building, (Second floor), Hong Kong.

(FILE No. 206 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Poh Chiu

Electric Company, of Nos. 41, 53 and 55, Yen Chow Street, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 14th day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

沪粤港 ELKEUKS

THREELIGHTS

FLASHLIGHT BATTERY

Pok Chin Electric Co.

MADE IN HONG KONG

牌光

O

០០០

造製港香

in the name of Poh Chiu Electric Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since April, 1934, in respect of the following goods :-

Flashlight Batteries, in Class 8.

Dated the 7th day of June, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

一九三五年八月一日

何用龍底車啓為 轇顏庇車店者遵 轕誠利轎生氏照

五欠興金及意先一承出 資字街牌今夫九

於加十及陳傑三 未多五各妙卿年

八 須號五照氏顏二項 No

4ing

交和號號敬公第生 易記陳欠現向廿 之公美下住在五 前司儀顏上香條意 槪字顏誠開港防 由樣志興地九範 陳繼安賬點龍僞 妙續顏項欲庇冒 敬在林一將利轉 承 出資上巧概顏金讓 頂頂責開鐘在誠街生 人人理地 內興五意 顏陳顏優點劍訂全十則 志美傑與照光明盤五例 志美承常承於生號第 安儀公受營受登意用三

承人業交報連欸 顏顏辦無如易後同誠規 林 人涉日之一裝興定 劍陳此前後個修字事 巧妙佈顏任月傢號宜 光鐘敬誠由內私開 興承頂招設 有受與牌人 任人九舖力

全啓

The Hong Kong

Government Gazette

Local Subscription.

$18.00 10.00 6.00

Half year,

(do.),

Three months, (do.),

1549

(FILE No. 499 OF 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that International General Electric Company, Incorporated, of No. 120, Broadway, New York City, New York. United States of America, have, on the 20th day of September, 1934, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow-

Two Trade Marks:-

老生

(1)

迪安置

吳奇

EDISON

(2)

燈電明發生迪安

迪安

SON

CHINA GENERAL EDISON CO., INCORPORATED.

in the name of the said International General Electric Company Incorporated, who claim to be the sole proprietors thereof.

The above Trade Marks have been used by the applicants since 1917 in respect of lamps, electric lamps and incandescent lamps in Class 13.

The word Edison" appearing thereon has been declared to be dis- tinctive by order of His Excellency the Officer Administering the Government pursuant to Section 9 (5) of the Trade Marks Ordinance 1909.

The two Trade Marks are to be associated with each other and with Trade Mark No. 217 of 1928.

The Registration of Trade Mark No. 2 shall give no right to the ex- clusive use of the electric light bulb devices.

Facsimiles of the said Trade Marks can be seen at the Offices of the Registrar of Trade Marks or of the undersigned.

Per annum (payable in advance),.

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character, Repetitions,

$1.00 for lst $0.20 insertion

5 cents. Half price.

   Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

·Dated the 31st day of May, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

PRINTED AND PUBLISHED BY NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

1552

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

  No. S. 227.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st July, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

€A

$

Chartered Bank of India, Australia and China

14,309,547

8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited......

113,986,530

101,750,000†

1,693,787

1,350,000$

TOTAL

129,989,864

111,400,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £762,300.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

9th August, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 228.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940, 1944.

£190,000.

9th August, 1935.

113-1141

D. W. TRATMAN,

Colonial Secretary.

1553

COLONIAL SECRETARY'S Department.

No. S. 229.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from

from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

9th August, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

PRISON DEPARTMENT.

  No. S. 230.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the purchase of Waste Paper ", will be received at the Colonial Secretary's Office until Noon of Friday, the 23rd day of August, 1935, for the purchase of Waste Paper from the Prison Department for one year from 1st October, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited with the Colonial Treasurer the sum of $25 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted. Deposits will be returned when the name of the successful tenderer is published.

Waste Paper consists of white paper cuttings (unprinted), coloured paper cuttings (unprinted) and waste paper, various, (i.e. printed matter, strawboard cuttings, etc.), averaging monthly about 4,000 lbs., 2,000 lbs. and 1,000 lbs. respectively.

Samples of waste paper may be seen and forms of tender obtained at the Prison Department Office, Victoria Gaol.

No tender will be considered unless submitted in triplicate on the forms provided.

The Government does not bind itself to accept the highest or any tender.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $300.

9th August, 1935.

J. W. FRANKS,

Superintendent.

1554

PRISON DEPARTMENT.

   No. S. 231.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Winter Clothing for Prison Staff", will be received at the Colonial Secretary's Office until Noon of Friday, the 23rd day of August, 1935, for the making up and supply of Winter Clothing for the Prison Staff.

Samples of uniform may be seen, further information and forms of tender obtained, at the Prison Department Office, Victoria Gaol.

   No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted.

No tender will be received unless sent in the form required.

The Government does not bind itself to accept the lowest or any tender.

9th August, 1935.

J. W. FRANKS,

Superintendent.

PUBLIC WORKS DEPARTMENT.

SALE OF OLD MATERIAL.

   No. S. 232.-The Public Works Department is prepared to receive Tenders for the Purchase of a quantity of Old Material comprising:

   Aluminium, Brass, Copper, Cast Iron, Wrought Iron, Lead Steel Scrap and Miscellaneous Lots.

   The material can be seen at the places named in the Specification, and, as each Lot must be taken as it lies, intending offerers are requested to inspect same before tendering.

   Tender may be for all or any portion of the material specified, but EACH LOT MUST BE OFFERED FOR SEPARATELY.

   Delivery will be made free at the place where the material is lying. All cartage charges to be paid by the Purchaser.

Terms of payment:-Net cash before delivery, payable to the Colonial Treasury.

   Each Tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of $10 (dollars ten) as a pledge of the bona fides of his tender. The said deposit shall be forfeited to the Crown should the tenderer refuse or fail to carry out to the satisfaction of the Government any tender which shall be accepted.

   The deposit shall be returned to any tenderer whose tender is not accepted and to the successful tenderers on payment into the Colonial Treasury of the sum tendered and accepted.

   The Government does not bind itself to accept the highest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the tender.

   Tenders in triplicate (WHICH MUST BE MADE ON OFFICIAL FORM ONLY) under cover marked "TENDER FOR OLD MATERIAL, P. W. D.", to be lodged at the Colonial Secretary's Office, not later than Noon of Tuesday, 20th August, 1935, and must remain open for twenty one days after that date, if required.

For form of tender and further particulars apply to the Superintendent of Accounts and Stores, Public Works Department, at the Bullock Lane Wanchai Depot, where the major portion of the items is held and can be inspected.

9th August, 1935.

R. M. HENDerson.

Director of Public Works.

1555

PUBLIC WORKS DEPARTMENT.

No. S. 233.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Two Blocks of Flats ", will be received at the Colonial Secretary's Office until Noon of Monday, the 26th day of August, 1935. The work consists of the erection of two buildings, each of three-storeys, comprising Quarters for European Subordinate Officers and Chinese Medical Officers, adjoining the Queen Mary Hospital.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

8th August, 1935.

R. M. Henderson,

Director of Public Works

PUBLIC WORKS DEPARTMENT.

No. S. 234.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Collection and Storage of Sand", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of August, 1935. The contract comprises the collection and transport of sand from specified sand beaches, stream courses, etc., and conveying the sand to storage sites at Hung Hom, Praya East, Ma Tau Kok, Stonecutters' Island and Tsun Wan (T.W.I.L. 17).

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

7th August, 1935.

NOTICE TO MARINERS.

No. S. 235.

No. 69/1935.

In connection with the additional harbour dredging to be carried out, surveying operations will take place from time to time over dredging areas which lie as follows:-

(1) in the vicinity and north of buoy A10 & A8 and A9.

Between buoys A7 and A2, A8 and A1, Buoy Al and a position 1,000 feet

due south of Kowloon Point.

(3) in an area, the corners of which have the following positions

Lat.

22° 18' 00" N. 22° 17′ 48′′ N.

114° 11' 54" E.

114° 11′ 54′′ E.

22° 17′ 30′′ N.

114° 10' 48" E.

22° 17' 48" N.

114° 10′ 48′′ E.

 Masters of vessels are warned to keep clear of all sampans, motor boats and buoys used on this work which shall each carry a red flag and to keep a good lookout for all craft so employed.

Harbour Department,

7th August, 1935.

G. F. HOLE,

Harbour Master, &c.

1557

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 11 OF 1935.

Re Kan Iu Cho of No. 84 & 98 Queen's Road West, Victoria, Hong Kong, carrying on business at 84 Queen's Road West, in the name of Wing Tai firm, 60 Belcher Street in the name of Wing Tai Chan, K.I. Lot No. 1026 Hoi Tan Street, in the name of Wing Tai Chan, Shamshui-

IN THE SUPREME COURT OF HONG KONG.

Between

SUMMARY JURISDICTION.

Action No. 883 of 1935.

Kartar Singh and

Plaintiff,

Defendant.

Dalip Singh.

po N.K.I. Lot 1897 in the name of NOTICE is hereby given that a Writ of

Wing Tai Chan, Lot 521 Cheung Sha Wan in the name of Wing Mow Cheong, Kansu Street, Yaumati in in the name of Wing Shing, 98 Queen's Road West, in the name of Wing Shing Cheong, 375 Lockhart Road, in the name of Wing Shing Cheung and Marsh Road, in the name of Wing Shing Cheong Saw- mill.

NOTICE is hereby given that a creditor's

petition was filed herein on the 1st day of August, 1935, and that an Interim Receiv ing Order was made thereon on the 2nd day of August, 1935, and the Official Receiver was appointed Interim Receiver of the estate of the above named bankrupt firms.

All the debts should be paid to me.

Dated the 9th day of August, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG,

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 17 of 1934.

Re The Yau Kee Cheong firm, of No. 7 Bonham Strand East, Victoria, in the Colony of Hong Kong, money changer, and Lau Sing Sam, the managing partner therein.

FIRST and final dividend is intended to

Abe declared in this matter.

Creditors who have not proved their debts

Foreign Attachment returnable on the 12th day of August, 1935, against the property movable or immovable of the above named defendant, Dalip Singh, within the Colony has been issued in this action pursuant to the provisions of Chapter XVII, of the Hong Kong Code of Civil Procedure.

Dated this 30th day of July, 1935.

LO AND LO, Solicitors for the Plaintiff. Alexandra Building, Hong Kong.

NOTICE.

WHEREAS Fung Shun Sam

W1

late of No. 2a High Street, Victoria, in the Colony of Hong Kong who died in January, 1935, was at the time of his death entitled to the right to use the firm name

"6

Chy-Loong") and the "Cock" () Trade Mark for the term of 14

years from 1931 AND WHEREAS by virtue of such right the deceased had been carrying on the business of preserved ginger and sweet meat Manufacturers at No. 268 Hai Tan Street, Shamshuipo in the said Colony of Hong Kong under the firm name Chy-Loong Wo Hop Proprietors Preserved Ginger and Sweet Meat

Manufacturers"(和合公司濟隆糖

Now notice is hereby given pursuant

to Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923 that Fung

by the 18th day of September, 1935, will be Fong Shi (j) and Fung Man Shui

excluded.

Dated the 9th day of August, 1935.

JAMES J. HAYDEN.

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

Between

N

SUMMARY JURISDICTION

Action No. 882 of 1935.

Kartar Singh

and

Dalip Singh

Plaintiff,

Defendant.

OTICE is hereby given that a Writ of Foreign Attachment returnable on the 12th day of August, 1935 against the property movable or immovable of the above named defendant, Dalip Singh, within the Colony has been issued in this action pursuant to the provisions of Chapter XVII, of the Hong Kong

• Code of Civil Procedure.

Dated the 30th day of July, 1935.

LO AND LO. Solicitors for the Plaintiff, Alexandra Building, Hong Kong.

both of No. 2 High Street,

Victoria aforesaid, the personal representatives of the above-named Fung >hun Sam deceased (hereinafter referred to as the "Transferors ") have transferred and assigned the right to use the said firm name Chy-Loong" and the said

Cock" trade mark for the residue now to come of the term of 14 years aforesaid together with the business of the said Chy-Loong Wo Hop Proprietors Preserved Ginger and Sweet Meat Manufacturers including its stock-in- trade furniture and effects to Wong Hn Wai

11

(黃顯惠), Ng Chak Man (吳澤 E), Fung Ki Sheung ( * * ), and Tam Wai Lam (ER) all of

No. 268 Hai Tan Street, Shamshuipo, afore- said (hereinafter referred to as the Trans- AND NOTICE IS HEREBY ALSO GIVEN ferees ".) that the Transferees will carry on the said business at No. 268 Hai Tan Street, Shamshui- po aforesaid and will not assume the liabilities incurred by the Transferors in the said busi- ness prior to the ist day of the 3rd moon of the Yuet Hoi Year (i.e. 3rd April, 1935).

Dated the 8th day of August, 1935.

TS'O AND HODGSON, Solicitors for the Transferors and

Transferees.

INDUSTRIAL & COMMERCIAL BANK LIMITED.

(IN LIQUIDATION).

A THIRD and final dividend is intended to

be declared in the matter of the Industrial & Commercial Bank Ltd. (In Liquidation).

Creditors who have not proved their debt by the 30th day of September, 1935, will be ex- cluded from this dividend.

Proofs should be sent to the undersigned at 6 Des Voeux Road Central, Hong Kong on or before the 30th day of September, 1935.

Date 1 the 7th day of August, 1935.

J. HENNESSEY SETH, S. HAMPDEN ROSS,

Joint Liquidators.

(FILE No. 271 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Nomen is op

OTICE is hereby given that Cheong On

Street East, Victoria, in the Colony of Hong Kong, have on the 5th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

CHEONG ON METAL WORKS

TRADE MARK

TRAIN BRAND

MADE IN HONGKONG

CHEONG ON METAL WORKS

CANTON & HONGKONG

"TRAIN BRAND"

FLASHLIGHTS & BATTERIES

Our "Train Brand" Flash. lights & Batteries have gained world wide Reputation. All latest improvements. Pro- duce 1st class quality goods at moderate prices to suit every requirement, choice and раве. Obtainable in all standard sizes of latest de-

signs.

BATISFACTION SURE & CERTAIN SERVICE

GUARANTEED.

CANTON FACTORY

15, Sơn La Hong

Wa Fook Road, C CANTON.

HONGKONG FACTORY 17-31, Sharp Street, E P. O. Box No. 823 HONGKONG.

T. A. "CHEON"

- MADE IN HONGER NI

in the name of Cheong On Metal Works, who claim to be the proprietors thereof.

The Trade Mark has been used by the Appli- cants since the year 1925 in Class 8 in respect of Electrical Flash Lights and Batteries.

The Applicants disclaim the right to the exclusive use of the letters "T.A." and the words "Cheon" and "Cheong On ".

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second Floor,

Hong Kong.

(FILE NO. 259 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that United States Drug Store, of No. 5, Wing Lok Street, Ground floor, Victoria, in the Colony of Hong Kong, have on the 22nd day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRADE

30 TABLETTEN

SATOBEN

SOLE AGENTS:- U. S. D. S. M. K.

片藥毒血標福

理經行藥 数

30 TABLETTEN

MARK

MARK

TRADE SATOBENA

in the name of United States Drug Store, who claim to be the proprietors thereof.

    The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

The above Trade Mark is associated with Trade Marks No. 204 of 1934 and No. 252 of 1935.

     The applicants disclaim the right to the ex- clusive use of the letters (U.S.D.S. H.K) in combination or separately and the Chinese Characters appearing thereon.

()

A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO. Solicitors for the Applicants, York Building, Second floor, Hong Kong.

(FILE NO. 252 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a

Trade Mark.

OTICE is hereby given that United States Drug Store, of No. 5. Wing Lok Street,

ground floor, Victoria, in the Colony of Hong Kong, have on the 18th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

1558

(FILE No. 240 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that United States

Drug Store of No. 5, Wing Lok Street, ground floor, Victoria, in the Colony of Hong Kong, have on the 6th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :-

STRENGTHENING THE KIDNEY

Σ

THE KIDNEY

STSINGTHENING

SELOVER

in the name of United States Drug Store, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

A fac-imile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building. Second floor,

Hong Kong.

(FILE Nos. 22 AND 302 OF 1935) TRADE MARKS ORDINANCE 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broad- way, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong have on the 17th day of January, 1935, and 19th day of July, 1935, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

牌風順

(FILE No. 166 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Wong Wing Sing Firm, (E) of No. 61

Des Voeux Road West, Hong Kong, have, by an application dated the 11th day of April, 1935, applied for he registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:---

TRADE

MARK

牌極太

in the name of the said Wong Wing Sing Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 47 in respect of Comm Soap and Matches.

Dated the 9th day of August, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 326 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that the Hung

Koon Chow Tai Yeuk Hong

★) of No. 221 Queen's Road

Central, Victoria, in the Colony of Hong Kong, have on the 27th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark namely:-

行藥大洲冠洪

in the name of United States Drug Store, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

     The Trade Mark is associated with Trade Mark No. 259 of 1935.

(2)

ESSOLEUM

in the name of Stan ard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark 2) is associated with Trade Marks Nos. 89, 90, 91 and 92 of 1935 aud with the Esso-Mar mark of pending application No. 239 of 1935.

C

""

Mark (1) has hitherto been used by the applicants in respect of Illuminating Oils in

The applicants disclaim the right to the ex- clusive use of the Chinese characters (Class 47,

appearing thereon.

     A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second floor,

Mark (2) has not hitherto been used by the applicants but it is their intention to use it in respect of " Refined, semi-refined and un- refined oils, greases and other products made from petroleum, both with and without the admixture of animal, vegetable or mineral substances for illuminating, burning, power, fuel, lubricating, solvent and other purposes in Class 47.

"

Dated the 9th day of August, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

in the name of the said Hung Koon Chow Tai

Yeuk Hong,(洪冠洲大藥行)

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 3 in respect of Chemical substances prepared for use in medicine.

The applicants disclaim the right to the ex- clusive use of the Chinese characters

"appearing thereon.

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks aud of the undersigned.

Dated the 9th day of August, 1935.

P. H. SIN & CO.,

Solicitors for the Applicants, Asia Life Building,

I

'

(FILE No. 204 of 1935)

TRADE MARKS ORDINANCE, 1909. Application for Registration of a Trade Mark.

NOTICE is Emited, of 22, Albert

OTICE is hereby given that Haythornth-

   Street, Brierfield, Lancashire, England, Manu- facturers, have on the 26th day of March, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

GRENFELL CLOTH

MADE IN

SONS.LTD

ENGLAND

FOR GRENFELL OF LABRADOR

in the name of Haythornthwaite & Sons, Limit- ed who claim to be the sole proprietors thereof. The Trade Mark has been used by the Ap- plicarts in respect of piece goods composed wholly or mainly of cotton in Class 24.

The Applicants disclaim the right to the exclusive use of word Grenfell" appearing in the Trade Mark.

    A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 12th day of July, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

1559

(FILE NO. 246 of 1935).

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tin Heung Company, of No. 80, Bouham Strand East, Victoria, in the Colony of Hong Kong, have on the 13th day of June, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

TRADE TIGERMA

MARK

PREPARED BY SAM YUE CO. WENCHOW, CHEKIANG.

T WEIGHT 14 OUNCES.

PREPARED IN CHINA

MANUFACTURED BY SAM CO. YUE OWKIANG. REGISTERED AT THE INDUSTRIAL BUREAU

OF THE CENTRAL GOVERNMENT

in the name of the Tin Heung Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since June, 1933, in respect of the following goods :-

Condensed Milk, in Class 42.

Dated the 12th day of July, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

(FILE No. 303 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Texas

Company, a corporation organized and existing under the laws of the State of Dela- ware, United States of America, having an office at 135 East 42nd Street, City and State of New York, United States of America, have on the 27th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

MARFAK

in the name of The Texas Company, who claim to be the sole proprietors thereof.

The above Mark has been used by the Appli- cants in respect of Heating, lighting and lubri- cating oils and greases in Class 47 since about April 20th, 1911.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE No. 260 OF 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

that Coleman and Company, Limited, of Win-

Trade and Shipping Returns for the month of

June, 1935.

OMPILED by the Statistical

COMP

Branch of the Imports and Ex-

ports Department, containing full

NOTICE is hereby, giver Westwick Street, Norwich, England, have by particulars of Imports from and Ex-

an application dated the 16th day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

COLEMAN'S

VITACUP

The Family

Food

VITACUP a delicious, Pughly concentrated sorc food,

1 m Made from Malt. Milk, Egp. and Chocolate norbing and easy digestible, so that it may be l

                              10 sa particularly sally by young children and adults alike recommends for Lavalads and Convalescent whose digestio as weakened or impaired

GUARANTEE-Coleman and Compray guarantee VITACUP to be made from the finest ingredienti obnunable Jis packed in up-to-date factory under the most careful superson of fully qualified cheats

DIRECTIONS FOR USE-FU cup with hot (not boiling) milk, or milk and wear, and then flost two or more wwwpoonfuls of VITACUP on spp mỏ vàc. Sugar may be added if desired

In Hot Weather-Same w above, ming call walk and

water end of bot

On Bread, Porridge, Fruit, Milk Puddings, etc. - Children love the day VITACUP gresules spread on bread and boner I pve than cars eurament A spoonfu or two sprisided over breaks porridge adds a debrous avear to the poneridge and greatly increases its food value Try prankrig VITACUP over milk puddings, stewed Brux, etc, after serving

IMPORTANT Replace lid and store in a dry place COLEMAN AND Company LIMITAD, NORWICH,

FARM

EGGS

DELICIOUS

FULL

FROM

CREAM

ENGLISH

MILK

FOOD BEVERAGE

COLEMANS

VITACUP

DAIRY FARMS

WHOLESOME

CHOCOLATE

BARLEY

MALT

ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

EXPORT PACK

in the name of the said Coleman and Company, Limited, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in respect of a preparation containing malt, milk, eggs and chocolate for making a beverage in Class 42.

The registration of the said Trade Mark shall give no right to the exclusive use of the word "COLEMAN'S",

Dated the 12th day of July, 1935.

GEO. K. HALL BRUTTON & CO,,

Solicitors for the Applicants, George's Building, Hong Kong.

The Hong Kong

Government Gazette

Local Subscription. Per annum (payable in advance), Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line,

Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1.00 for 1st

$0.20) infertion

5 cents.

Half price.

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

1560

(FILE No. 284 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Wai Shiu Pak alias Vi-Khai trading as Yee Tin Tong Dispensary of No. 182 Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 29th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Marks viz:-

(1)

(2)

(FILE No. 215 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Hong Kong Import and Export Company, of 7th floor, China Building, Queen's Road Central, Hong Kong, Importers, Exporters and

Commission Agents, have on the 22nd day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BRAND

YEE TIN TONG BUDDHA BALM (

PIKENPOR

5 佛標铁盒二天商

TEPEKONG BALSEM

TRADE

H

行楽天

JOI

TEPEKONG BALSEM

BTASTIES: (Dizionar

BUDDHA BALM

This we destul Balm is a perleca verarty for Chesi Cold, Cough Hache Regumalan Screhral, Toothache Neuqua Gout Lumbago, Scanner korpion. Asırma Insect bries. Songs Curs Bees Cramps and all other body

BUDDHA

TJAP

YEE

BALM

TEPEKONG

TIN

TONG

in the name of Wai Shiu Pak alias Vi-Khai trading as Yee Tin Tong Dis- pensary, who claims to be the Proprietor thereof.

The Trade Marks 1 and 2 are intended to be used by the applicant in Class 3 in respect of Chemical Substances prepared for use in medicine and pharmacy.

The registration of the 2 marks is limited to the colours as shown on the marks.

The Trade Marks 1 and 2 are associated with each other and with Trade Marks Nos. 147 of 1928, 250 of 1930, 214 to 220 of 1931 and with the "Wahiren & Budha " mark of pending application No. 220 of 1934.

The applicant disclaims the right of the exclusive use of the tin device in Trade Mark No. 1.

Trade Mark No. 2 is registered as a series of Trade Marks and are associated with each other.

       Facsimile of such Trade Marks can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

RUSS & CO.,

Solicitors for the Applicant,

No. 6, Des Voeux Road Central, Hong Kong.

EAGLE

ami

NE 098

GERMANY

in the name of The Hong Kong Import and Export Company, who claim to be the proprie- tors thereof.

This Trade Mark has been used by the applicants in respect of Safety Razor Blades in Class 12 and is intended to be used forthwith by the applicants in respect of Safety Razors in Class 12.

Registration of this Mark shall give no right to the exclusive use of the abbreviation and figures "No. 999" appearing thereon.

Dated the 14th day of June 1935.

THE HONG KONG IMPORT AND EXPORT COMPANY China Building, Hong Kong. Applicants.

THE NEW

VEHICLES AND TRAFFIC REGULATION

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

F

PRINTED AND PUBLISHED BY NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

1562

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 236.-The following Bill is published for general information :-

(C.S.O. 3154/192611).

A BILL

[No. 11-30.7.35.-3.]

Short title.

Substitution

for Ordin- ance No. 3 of 1932, s. 6 (4).

Ordinance No. 7 of 1928.

Amendment

of Ordinance

No. 34 of

1910, s. 29.

Commence- ment.

INTITULED

An Ordinance to amend the law relating to Estate Duty and to provide for the payment of any such duty, which may be due, before a successor is registered without probate or administration.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Estate Duty and New Territories Regulation Amendment Ordinance, 1935.

2. Section 6 of the Estate Duty Ordinance, 1932. is amended by the repeal of paragraph (4) thereof and by the substitution of the following three paragraphs

(4) property situate in the New Territories, other than New Kowloon, where the principal value of the estate does not exceed two thousand dollars; and property situate elsewhere in the Colony where the principal value of the estate does not exceed five hundred dollars.

(4A) any temple for the worship of ancestors, situated in the New Territories, other than New Kowloon, registered in the name of the manager of a clan, family or t'ong, and so much of any clan, family or t'ong property similarly registered as is used for the maintenance of such temple.

(4B) any other temple in the New Territories, other than New Kowloon, certified, by the District Officer of the district where such temple is situated, to be a "Chinese temple" as defined in section 2 of the Chinese Temples Ordinance, 1928, and so much of any property as is used for the maintenance of such temple.

3. Section 29 of the New Territories Regulation Ordin- ance, 1910, is amended by the insertion of the words "and on being satisfied that any estate duty, which may be due, has been paid," after the words "(hereinafter described as the successor)" in the seventh line.

4. This Ordinance shall come into force on the 1st day of January, 1937.

1563

Objects and Reasons.

1. The Estate Duty Ordinance (No. 3 of 1932) extends generally to the New Territories (under section 3 of the Interpretation Ordinance, 1911) but by section 6 (4) land there situate, in respect of which a successor has been registered under the first clause of section 29 of the New Territories Regulation Ordinance, 1910 (No. 34 of 1910), has been exempted where it does not form part of an estate of which probate or letters of administration have been granted by the Supreme Court.

2. The effect of section 2 of this amending Ordinance will be to remove the exemption, as from the 1st January, 1937, and to substitute a new exemption, not limited to land, under which property situate in the New Territories, other than New Kowloon, will be exempt from duty where the principal value of the estate does not exceed two thousand dollars, and property situate elsewhere in the Colony where the principal value of the estate does not exceed five hundred dollars.

3. The Schedules to the Estate Duty Ordinance do not provide for the payment of any duty where the principal value of the estate does not exceed five hundred dollars, but having regard to the provisions of section 4 thereof it is considered desirable to make express provision in section 6 of that Ordinance for the exemption of these small estates.

4. Section 2 of this Ordinance also adds a new paragraph (4A) to section 6 of the principal Ordinance exempting from estate duty temples for the worship of ancestors situated in the New Territories, other than New Kowloon, which are registered in the name of a manager of a clan, family or t'ong. The paragraph also exempts from duty so much of any clan, family or t'ong property as is used for the main- tenance of such temples. Registration of managers of clan, family or t'ong property is effected under section 27 of Ordinance No. 34 of 1910.

5. Section 2 of this Ordinance also adds another new paragraph (4B) to section 6 of the principal Ordinance exempting from estate duty any other temple in the New Territories, other than New Kowloon, certified, by the District Officer of the district where such temple is situated, to be a "Chinese temple" as defined in section 2 of the Chinese Temples Ordinance, 1928. This paragraph also exempts from duty so much of any property as is used for the maintenance of such temple.

6. Section 3 of this amending Ordinance requires that the Land Officer shall be satisfied that any estate duty, which may be due, has been paid before registering a successor under section 29 of the New Territories Regulation Ordinance, 1910. This amendment seems necessary in view of the repeal of paragraph 6 (4) of the Estate Duty Ordinance, 1932, by section 2.

7. Section 4 postpones the operation of this amending Ordinance until the 1st January, 1937.

C. G. ALABASTER,

August, 1935.

Attorney General.

1564

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 237.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America,!

including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements,

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

16th August, 1935.

D. W. TRATMAN,

Colonial Secretary.

HONG KONG VOLUNTEER DEFENCE CORPS.

Headquarters, Hong Kong.

   No. S. 238.-It is hereby notified that sealed tenders in triplicate, which must be clearly marked "Tender for Matsheds and Provisions and Stores, etc., Fanling Camp", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 3rd day of September, 1935, for the supply and erection of Matsheds; the provision of Supplies, Stores, Labour, Messing, including the supply of Dining Table, Forms, etc. The whole of the foregoing will be required by the Hong Kong Volunteer Defence Corps during the period of their Annual Camp from 15th November to 8th December, 1935.

Each Tenderer must produce with his tender a receipt for the sum of Dollars One Hundred and Fifty ($150), which amount he is required to deposit with the Colonial Treasurer, as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown, should the Tenderers refuse or fail to carry out to the satisfaction of the Com- mandant, the whole or any portion of the tender, which may be accepted.

   Forms of Tender and further particulars may be had on application to the Adjutant, Hong Kong Volunteer Defence Corps, Garden Road.

The Government does not bind itself to accept the lowest or any tender.

P. S. M. WILKINSON, Capt.,

Adjutant, H.K.V.D. Corps.

16th August, 1935.

1565

HARBOUR DEPARTMENT.

No. S. 239.-Sealed tenders in quadruplicate which should be clearly marked "Tenders for the supply of Coal to the Hong Kong Government", will be received at the Treasury until Noon of Monday, 16th September, 1935, for the supply of Coal to the Government for a period of one year as from 1st January, 1936.

The quantity of coal will vary according to requirements, and prices should be quoted for each of the following grades.

(a) Anthracite Coal about 300 tons.

(b) Household Coal (Double Screened) about 2,700 tons.

(c) Launch Dust Coal about 10,000 tons.

(d) 60% Lump Coal for Pumping Stations, and Quarries &c., about 7,700 tons.

1. Before final acceptance of the tenders, tenderers must be prepared to forward to the Government Analyst on demand, samples of the Coal offered.

2. The origin and name of the Coal should be stated in each case.

The prices quoted should include delivery charges to destination.

Free storage will not be provided.

Information as to the places of delivery may be obtained at the Harbour Office.

3. The rebate on supplies falling below standard shall be based on calorific value of the Coal.

 4. No tender will be received unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $500 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender, if accepted.

 The successful tenderer will be required to sign a formal contract and to give security in the sum of $12,500 in cash, or a proportional part thereof if a tender is accepted in part, to be deposited with the Colonial Treasury for the due and faithful performance of the terms of such contract.

5. Forms of tender and further particulars may be obtained on application to the Harbour Office.

 6. The Government does not bind itself to accept the lowest or any tender, and shall be at liberty to accept a tender in whole or in part.

14th August, 1935.

G. F. HOLE,

Harbour Master, &c., Government Coaling Officer.

1566

KOWLOON-CANTON RAILWAY, BRITISH SECTION.

   No. S. 240.-It is hereby notified that sealed tenders in quadruplicate, which should be clearly marked "Tender for the supply of Coal to Kowloon-Canton Railway" will be received at the Colonial Treasurer's Office until Noon of Monday, the 16th day of September, 1935, for the supply of Locomotive Coal to the Kowloon-Canton Railway for the period of one year from 1st January, 1936.

No tender will be received unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person refuses to carry out his tender, if accepted.

The successful tenderer will be required to sign a formal contract and to give security in the sum of $5,000 in cash to be deposited with the Colonial Treasurer for the due and faithful performance of the terms of such contract.

For Forms of Tender, Analysis Forms, and further particulars apply to the Manager, Railway Offices, Kowloon.

The Government does not bind itself to accept the lowest or any tender.

R. D. WALKER, Manager & Chief Engineer.

16th August, 1935.

DISTRICT OFFICE, TAI PO.

No. S. 241.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 21st day of August, 1935.

   The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Orchard Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) (b) and (c) in the above Government Notification and further subject to Special Condition hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in Upset Acres. Price.

Annual Crown

No. D.D. Lot.

Rent

N.

S.

E.

W.

feet. feet. feet. feet.

$

$

1 187

495

Kang Hau.

As per plan deposited in the District Office, North.

43 acre. 47

.50

SPECIAL CONDITION.

The Purchaser shall within 24 months from the date of sale plant and grow fruit trees on the Lot to the satisfaction of the District Officer, North.

16th August, 1935.

T. MEGARRY,

District Officer, North.

1567

-

DISTRICT Office, Tai Po.

No. S. 242.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 21st day of August, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 3 as Building Lots, Serial No. 4 as an Agricultural and Garden Lot, Serial Nos. 5 to 7 as Orchard Lots and Serial Nos. 8 to 10 as Agricul- tural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 3 are further subject to Special Condition No. 2 (a). Serial Nos. 4 to 10 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Serial Nos. 5 to 7 are further subject to Special Condi- tions hereunder specified.

 The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $750, $250 and $750 respectively.

PARTICULARS OF THE LOTS.

Boundary Measurements.

E.

W.

Contents in Acres, or Square feet.

Annual Upset Crown

Price.

Rent.

Registry No.

Locality.

No. D. D. Lot.

N.

feet. feet. feet. feet.

$

1

262

740

Nam Fung Wan.

As per plan deposited in the District Office, North.

1,225 sq. ft.

13

1.50

2

167

971

Sai O.

375

.50

49

"

3

185

356

Pai Tau.

1,050

21

6.00

""

4

357

*06 acre

7

.10

""

5

7

1848

Tai Hang.

3.75 acres.

409

3.80

"

6

1849

81 acre.

89

.90

""

11

"

7

1850

1.16 acres.

253

3.50

11

""

8

746

'06 acre.

20

.20

9

91

3183

Ping Kong.

*06

20

.20

""

"

10

95

1982

Ku Tung.

*07

16

.30

!

SPECIAL CONDITIONS TO SERIAL No. 5.

 1. The Purchaser shall within 7 days from the date of sale pay the sum of $45 to the Licensee of F.L. No. 577 and $16 to the Licensee of F.L. No. 1 as compensation for fir trees growing on the Lot.

2. The Purchaser shall within 24 months from the date of sale plant and grow fruit trees on the Lot such trees not to be more than 10 feet apart.

1568

SPECIAL CONDITIONS TO SERIAL No. 6.

1. The Purchaser shall within 7 days from the date of sale pay the sum of $17 to the Licensee of F.L. No. 41 as compensation for fir trees growing on the Lot.

2. The Purchaser shall within 24 months from the date of sale plant or grow fruit trees on the Lot such trees not to be more than 10 feet apart.

3. A space of 10 feet shall be kept clear around the existing grave on the Lot.

4. A right of way to the grave is reserved in favour of the owners of the said grave at the Ching Ming and Chung Yeung festivals.

SPECIAL CONDITIONS TO SERIAL No. 7.

   1. The Purchaser shall within 7 days from the date of sale pay the sum of $174.70 to the Licensee of F.L. No. 42 as compensation for fir trees growing on the Lot.

   2. The Purchaser shall within 24 months from the date of sale plant and grow fruit trees on the Lot such trees not to be more than 10 feet apart.

16th August, 1935.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, Tai Po.

   No. S. 243.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 22nd day of August, 1935.

   The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Building Lots, Serial No. 3 as a Garden Lot and Serial Nos. 4 to 12 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Serial Nos. 4 to 12 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

   The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,250 and $1,000 respectively.

1568

SPECIAL CONDITIONS TO SERIAL No. 6.

1. The Purchaser shall within 7 days from the date of sale pay the sum of $17 to the Licensee of F.L. No. 41 as compensation for fir trees growing on the Lot.

2. The Purchaser shall within 24 months from the date of sale plant or grow fruit trees on the Lot such trees not to be more than 10 feet apart.

3. A space of 10 feet shall be kept clear around the existing grave on the Lot.

4. A right of way to the grave is reserved in favour of the owners of the said grave at the Ching Ming and Chung Yeung festivals.

SPECIAL CONDITIONS TO SERIAL No. 7.

   1. The Purchaser shall within 7 days from the date of sale pay the sum of $174.70 to the Licensee of F.L. No. 42 as compensation for fir trees growing on the Lot.

   2. The Purchaser shall within 24 months from the date of sale plant and grow fruit trees on the Lot such trees not to be more than 10 feet apart.

16th August, 1935.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, Tai Po.

   No. S. 243.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 22nd day of August, 1935.

   The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Building Lots, Serial No. 3 as a Garden Lot and Serial Nos. 4 to 12 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Serial Nos. 4 to 12 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

   The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,250 and $1,000 respectively.

1569

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Contents in

Annual

Upset

Locality.

Acres, or

Crown

Price.

Square

Rent.

No. D. D.

Lot.

N.

S.

E.

W.

feet.

feet. feet. feet. feet.

1

132

1841

Leung Tin Tsun.

As per plan deposited in the District Office, North.

2,000 sq. ft.

40

5.00

2

1840

1,700

34

4.00

وو

""

"

3

130

2523

Lam Ti.

1,700

34

8.00

15

4

103

581

Kau Po.

01 acre.

4

.10

*02

7

.15

5

583

""

37

">

6

116

4922

Hung Tso Tin.

10

33

.30

7

132

1571

Leung Tin Tsun.

*03

7

.10

>>

*05

11

.10

8

1586

25

9

1587

*05

11

.10

""

""

""

•25

55

.50

10

1647

"

""

⚫43

94

.90

11

"

12

1697

1842

"

""

*42

138

2.60

">

"

""

16th August, 1935.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI PO.

 No. S. 244.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday the 22nd day of August, 1935.

 The Lots are let for the term of five years from the 1st day of July, 1935 as Agricultural Lots, subject to the special conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D.

Lot.

N.

Boundary Measurements.

Contents

in

Annual

Upset Crown

Price.

Acres.

Rent.

E.

W.

feet. feet. feet. feet.

**A

$

1 131

415

Leung Tin Tsun

As per plan deposited in the District Office, North.

2:10 acres.

Nil

6.30

'60

360

2

861

>"

""

1569

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Contents in

Annual

Upset

Locality.

Acres, or

Crown

Price.

Square

Rent.

No. D. D.

Lot.

N.

S.

E.

W.

feet.

feet. feet. feet. feet.

1

132

1841

Leung Tin Tsun.

As per plan deposited in the District Office, North.

2,000 sq. ft.

40

5.00

2

1840

1,700

34

4.00

وو

""

"

3

130

2523

Lam Ti.

1,700

34

8.00

15

4

103

581

Kau Po.

01 acre.

4

.10

*02

7

.15

5

583

""

37

">

6

116

4922

Hung Tso Tin.

10

33

.30

7

132

1571

Leung Tin Tsun.

*03

7

.10

>>

*05

11

.10

8

1586

25

9

1587

*05

11

.10

""

""

""

•25

55

.50

10

1647

"

""

⚫43

94

.90

11

"

12

1697

1842

"

""

*42

138

2.60

">

"

""

16th August, 1935.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI PO.

 No. S. 244.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday the 22nd day of August, 1935.

 The Lots are let for the term of five years from the 1st day of July, 1935 as Agricultural Lots, subject to the special conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D.

Lot.

N.

Boundary Measurements.

Contents

in

Annual

Upset Crown

Price.

Acres.

Rent.

E.

W.

feet. feet. feet. feet.

**A

$

1 131

415

Leung Tin Tsun

As per plan deposited in the District Office, North.

2:10 acres.

Nil

6.30

'60

360

2

861

>"

""

1570

SPECIAL CONDITIONS.

1. The lessee may not mortgage or sublet the land.

  2. The lease is determinable at any time on six calendar months' notice being given.

  3. If the lease is determined by the notice from the Crown before the expiration of the period for which the lot is leased the lessee is, if he has made improvements and if it is recommended by the District Officer, to be entitled to compensation, such compen- sation to be not more than twice the value of a crop taken off the land resumed.

  4. At the expiration of the term for which the lot is leased, the land with all impro- vements of whatever kind shall revert to and become the absolute property of the Government and no compensation whatever shall be payable to the lessee in respect of such improvements.

16th August, 1935.

T. MEGARRY, District Officer, North.

PUBLIC WORKS DEPARTMENT.

  No. S. 245.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Sanitary Installation at The New Central British School, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 26th day of August, 1935.

The work consists of taking delivery from Government Store all Sanitary Fittings and Appliances, deliver to site, and fix complete.

Supply and fix Cast Iron Soil Pipes, Vent Pipes, and Waste Pipes.

Supply and fix Galvanized Iron flushing and domestic water pipes.

Supply and fix lead waste pipes.

Supply and fix Galvanized Iron water tanks.

No work will be permitted on Sundays.

  For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

16th August, 1935.

W. A. CORNELL,

Architect for Central British School.

1570

SPECIAL CONDITIONS.

1. The lessee may not mortgage or sublet the land.

  2. The lease is determinable at any time on six calendar months' notice being given.

  3. If the lease is determined by the notice from the Crown before the expiration of the period for which the lot is leased the lessee is, if he has made improvements and if it is recommended by the District Officer, to be entitled to compensation, such compen- sation to be not more than twice the value of a crop taken off the land resumed.

  4. At the expiration of the term for which the lot is leased, the land with all impro- vements of whatever kind shall revert to and become the absolute property of the Government and no compensation whatever shall be payable to the lessee in respect of such improvements.

16th August, 1935.

T. MEGARRY, District Officer, North.

PUBLIC WORKS DEPARTMENT.

  No. S. 245.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Sanitary Installation at The New Central British School, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 26th day of August, 1935.

The work consists of taking delivery from Government Store all Sanitary Fittings and Appliances, deliver to site, and fix complete.

Supply and fix Cast Iron Soil Pipes, Vent Pipes, and Waste Pipes.

Supply and fix Galvanized Iron flushing and domestic water pipes.

Supply and fix lead waste pipes.

Supply and fix Galvanized Iron water tanks.

No work will be permitted on Sundays.

  For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

16th August, 1935.

W. A. CORNELL,

Architect for Central British School.

1571

PUBLIC WORks DepartmMENT.

  No. S. 246.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Waterworks Depots at Taipo and Un Long", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 3rd day of Septem- ber, 1935.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

14th August, 1935.

R. M. HENDERSON,

Director of Public Works.

SUPREME COURT.

No. 596.-It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, the next Criminal Sessions for the despatch of the business of the Court shall be held on Monday, the 19th day of August, 1935, at 10 o'clock in the forenoon.

7th August, 1935.

E. P. H. LANG,

Registrar.

PUBLIC WORKS DEPARTMENT.

No. S. 223.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Heating System, New Magistracy, Kowloon ", will be received at the Colonial Secretary's Office until Noon of Monday, the 19th day of August, 1935. The work consists of the installation of a heating system at the New Magistracy, Kowloon.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

E. NEWHOUSE, Director of Public Works.

30th July, 1935.

1574

A

A.

IN THE SUPREME COURT OF HONG KONG.

Notice of Dividend Declared.

No. 5 of 1935.

Re Chan Kwan Mo (陳君武)

of No. 227, Jaffe Road, (3rd flɔor), Victoria, in the Colony of Hong Kong, Jeweller and Silver Smith's Salesman.

FIRST dividend of $12.00 per cent has

been declared in the above matter.

NoTIent is dividend may be received at

OTICE is hereby given that the above-

the Official Receiver's Office, Victoria, aforesaid on the 20th day of August, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

      Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 16th day of August, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Arthur Ditchburn Brent of Chantry, Maltmas Lane, Gerrards Cross in the County of Buckingham, formerly of Hong Kong and Shang- hai Banking Corporation and of Kniphill, Fairmile, Cobham, in the County of Surrey in the United Kingdom deceased.

NOTICE is hereby given that the Court has

by virtue of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 7th day of September, 1935.

      All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 16th day of August, 1935.

DEACONS,

Solicitors for the Executors, No. 1, Des Voeux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

(COMPANIES WINDING UP.)

No. 3 of 1935.

In the Matter of The Hong Kong

Amusements Limited,

and

In the Matter of the Companies Ordin-

ance 1932.

OTICE is hereby given that a Petition for N

the winding-up of the above named Company by the Supreme Court of Hong Kong was, on the 27th day of July, 1935, presented to the said Court by the said Company and that the said Petition is directed to be heard before the Court sitting at the Courts of Justice, Hong Kong, at 2.30 p.m. on Tuesday, the 27th day of August, 1935, and any creditor or contribu- tory of the said Company desirous of support- ing or opposing the making of an Order on the said l'etition may appear at the time of hearing by himself or his Counsel for that purpose, and a copy of the Petition will be furnished to any creditor or contributory of the said Company requiring the same by the undersigned on pay- ment of the regulated charge for the same.

Dated the 16th day of August, 1935.

DEACONS,

1, Des Vœux Road Central, Victoria, Hong Kong. Solicitors for the above named Company whose registered office was situate at Pedder Building, Victoria, Hong Kong.

NOTE:-Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above- named, notice in writing of his inten- tion to do so. The Notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their Solicitor (if any), and must be served or if posted, must be sent by post in suffi- cient time to reach the above-named not later than six o'clock in the after- noon of the 26th day of August, 1935.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Theophilus Percy Jones late of Lal Koti Charlton Kings Cheltonham in the County of Glou- cester formerly of Burghley House Blackheath Hill in the County of Kent, Retired Colonel, deceased.

NOTI

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 9th day of September, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 16th day of August, 1935.

N

JOHNSON, STOKES & MASTER, Solicitors for the sole Executrix, Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of John Jeffrey sometime of Wyliehole near Lockerbie, Dum- friesshire but late of 12 Upton Gardens, Kenton, Middlesex Eng- land, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 9th day of September, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 16th day of August, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executrix, Prince's Building, Ice House Street,

Hong Kong.

In the Matter of the Companies Ordin-

ance, No. 39 of 1932,

and

In the matter of The Associated Petro-

leum Company, Limited.

(In Liquidation).

NOTICE is hereby given on pursuance of

        Section 225 of the Companies Ordin- ance, 1932, that a General Meeting will be held at On Lok Yuen, No. 25, Des Voeux Road, Central, in the Colony of Hong Kong, on Saturday, 21st September, 1935, the Members at 3.30 p.m. and the Creditors at 3.00 p.m. for the purpose of having an account laid before them, showing the manner in which the wind- ing up has been conducted and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquida- tors, and also determining by Extraordinary resolution the manner in which the books, accounts and records of the Company, and of the Liquidators thereof shall be disposed of.

Dated this 16th day of August, 1935.

WOO YEE TUNG, EIGMAN DOO,

Liquidators.

PU

NOTICE OF TRANSFER.

URSUANT to Section 3 of the Fraudulent Transfer of Businesses Ordinance No. 25 of 1923, Notice is hereby given that Abdul Emerun Mahomed Rafeek (hereinafter called "the Transferor") carrying on the business as Importer and Exporter under the style or firm name of Rafeek & Company at China Building fth Floor, Victoria, in the Colony of Hong Kong, and No. 71 British Concession Shameen Canton, China has agreed to sell to the Rafeek & Company, a company intended to be regis- tered as a private limited Company under the Companies Ordinance 1932, (hereinafter called "the Transferees") All his share and interest of and in the said business together with the goodwill, hook-debts, benefit of all contracts, agencies, furniture, fixtures, and all other assets thereof.

The Transferees intend to carry on the said business at China Building, 6th floor, Victoria aforesaid and at No. 71 British Concession Canton aforesaid aud will not be responsible for the liabilities up to the date of the assign- ment of the said business by the Vendor to the Transferees.

Dated the 12th day of August, 1935.

DENNYS & CO., Solicitors for the parties.

NOTICE OF TRANSFER

IN pursuance of Section 3 of the Fraudulent of 1923, Notice is hereby given that Chiu

Transfers of Businesses Ordinance No. 25

Yiu Ting(), Chiu Tat Foon (趙達歡) and Chiu Tat Nam(#

) all of No. 16 Victoria Street, Vic-

toria, in the Colony of Hong Kong, carrying on business in co-partnership under the style or firm name of "Tin Fook" () of the same address (hereinafter called "the Trans- ferors") have agreed to transfer all their respective shares and interests in the said business of "Tin Fook ' and the goodwill thereof to Cheong Hop Tong ()

"9

of No. 16 Victoria Street, Victoria aforesaid (hereinafter called "the Transferee ").

The Transferee intends to carry on the said business at the same address and will not assume any of the liabilities incurred in the business by the Transferors or any of them.

Dated the 14th day of August, 1935.

CHIU YIU TING, CHIU TAT FOON AND CHIU TAT NAM,

Transfer eors, CHEONG HOP TONG,

Transferee.

+

(FILE No. 334 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

(FILE No. 300 of 1935)

TRADE MARKS ORDINANCE, 1909.

NOTICE is hereby given that Wing Cheng

N

Hong, of No. 28, Connaught Road Cen- tral, 1st floor, Victoria, in the Colony of Hong Kong, have on the 7th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark:-

WING CHE DAS HON BEST

WASHING STAP

   in the name of Wing Cheong Hong, who claim to be the proprietors thereof.

    The Trade Mark is intended to be used by the applicants forthwith in Class 47 in respect of candles, common soap, detergents, illuminat- ing, heating, or lubricating oils, matches, and starch, blue, and other preparations for laundry purposes.

The registration of the above Trade Mark shall give no right to the exclusive use of the words "Wing Cheong Hong appearing thereon.

""

Facsimiles of the above Trade Mark can be seen at the Offices of the Register of Trade Marks of Hong Kong and also of the under- signed.

Dated the 16th day of August, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants, No. 67, Des Vœux Road Central, Hong Kong.

Application for Registration of a Trade Mark.

OTICE is hereby given that Utoomal and Assudamal Company, of No. 25, Wyndham Street, Victoria, in the Colony of Hong Kong, have on the 22nd day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MAHAL

TAJ

BRAND

AF

in the name of Utoomal and Assudamal Com- pany, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 38 in respect of Cotton, Singlets, Stockings and Socks.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 16th day of August, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants, No. 67, Des Voeux Road Central, Hong Kong.

(FILE No. 247 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

【OTICE is hereby given that Liggett & Myers Tobacco Co. (China) Ltd., whose registered office is situated at 175, Soochow Road, Shanghai, Tobacco Manufacturers, have on the 13th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

20 ZEPHYR

CIGARETTES

CIGARETTES \

20) ZEPHYR

Zephyr

MENTHOL COOLED

-CIGARETTES-

LIGGETT& MYERS TOBACCO CO (CHINA) LTD

(FILE NO. 224 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Booth's Dis-

tilleries Limited, of 83 to 85, Turnmill Street, London, England, on the 21st day of February, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

BOOTH'S

in the name of the said Booth's Distilleries, Limited, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Gin, Whisky, Ginger Brandy, Alcoholic Peppermint and Cocktails, in Class 43.

""

The words "Booth's has been declared to be distinctive by Order of His Excellency the Governor under Sectiou 9(5) of the Trade Marks Ordinance 1909.

N

Dated the 19th day of July, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

Hong Kong.

(FILE No. 257 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Mitsubishi Shoji Kaisha Limited, a company in- corporated under the laws of the Empire of Japan and having a registered office situate at No. 14, Pedder Street, Victoria, Hong Kong, Importers and Exporters and General Mer- chants, have, by five applications all dated the 24th day of June, 1935, applied for the Re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MENTHOL COOLED

CIGARETTES

Zephyr

in the name of Liggett & Myers Tobacco Co. (China) Ltd., who claim to be proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of manufactured tobacco in Class 45.

Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks of Hong Kong.

Dated the 17th day of July, 1935.

LIGGETT & MYERS TOBACCO CO. (CHINA) LTD., F. STAFFORD SMITH, Attorney,

P. & O. Building, Connaught Road Central.

in the name of the said Mitsubishi Shoji Kaisha Limited, who claim to be the proprietors thereof. The Trade Mark has been used by the ap- plicants in Japan and is intended to be used forthwith by them in Hong Kong in respect of Cotton piece goods of all kinds in Class 24; Yarns of wool, worsted or hair in Class 33; Cloths and stuffs of wool, worsted or hair in Class 34; Woollen and worsted and hair goods not included in classes 33 and 34 in Class 35 and artificial silk piece goods, artificial silk yarn and artificial silk yarn thread in Class 50.

Dated the 19th day of July, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

(FILE No. 253 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Twenty-One Trade Marks.

OTICE is hereby given that The Orient Paint, Colour and Varnish Company, Limited, of Shanghai, have, on the 18th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

PAINT

CEDROBRAZ

(1)

EE

5K

PAINT

(2)

光永

PAINT

COLOUR

VARNISH

CO

LTD

(3)

PAINT

VARMIST

(4)

CO LTD

SHANGHAI

光永

(5)

OPAL

SHANGHAI

(6)

(7)

OPALESCO

OPALETTE

(8)

(9)

( 10 )

(11)

(12)

OPALOID

(13)

OPALUX OPALIN

(14)

瑪瑙石

瑪瑙珠

(15)

(16)

瑪瑙德

瑪瑙樂

瑪瑙露

瑪瑙靈

(17)

(18)

(19)

PAINT

COLOUR &

VARMISH

CO LTD

:

1

OPAVCO

瑪瑙顆

(20)

Same as No. 5 Mark

(21)

Same as No. 11 Mark

in the name of The Orient Paint, Colour and Varnish Company, Limited, who claim to be the sole proprietors hereof.

Trade Marks Nos. 1 to 16 are intended to be used in respect of Paints and Varnishes in Class 1; Nos. 17 to 19 in respect of Floor Wax in Class 50; Nos. 20 and 21 in respect of Vegetable Oils in Class 4.

""

      The "Bear" Marks of No. 1, the "Ram" Marks of No. 2, the "Neptune" Marks of No. 3 and the Mermaid Marks of No. 4 are registered as a series of Trade Marks under Section 26 of the Trade Marks Ordinance 1909 and are associated with each other, i.e., the two marks appearing on each of the respective applications are be associated with each other.

      The Bull" Marks of No. 17 are also registered as a series of Trade Marks under Section 26 of the Trade Marks Ordinance 1909.

        Trade Marks Nos. 5 to 16 are associated with one another and the Marks Nos. 20 and 21 are associated with each other.

Dated the 19th day of July, 1935.

BUTTERFIELD & SWIRE,

HONG KONG,

General Agents & Attorneys for and on behalf of

THE ORIENT PAINT, COLOUR AND VARNISH COMPANY, LIMITED.

(FILE No. 327 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Duckson

Dispensary(德臣葯廠)

of No. 24, Tai Ping Sa Street, Canton in the province of Kwong Tung in the Republic of China, Druggists, have on the 30th day of July, 1935, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark :--

in the name of Duckson Dispensary, who claim

to be the proprietors thereof.

The above Mark has been used by the Appli-

cants in respect of pills and medicines for

human use in Class 3, since 1932.

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks,

of Hong Kong, and of the undersigned.

Dated the 16th day of August, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

THE NEW

VEHICLES AND TRAFFIC

REGULATION

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

NOW READY.

STREET INDEX Twenty-Third Edition

REVISED Edition, which includes

1935.

(FILE No. 297 of 1935).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Nippon Paint Kabushiki Kaisha, of 10, Urae-Kita-4-Chome, Nishiyodogawa-Ku, Osaka City in the Empire of Japan, on the 9th day of July, 1935, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz :-

LION TOWER

in the name of the said Nippon Paint Kabushiki Kaisha, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicant in respect of Boiled oils, drying oils and all other kinds of oils used in manufactures and not included in other classes and dyes other than mineral in Class 4.

Dated the 16th day of August, 1935.

(FILE No. 225 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N

OTICE is hereby given that the Cheng Chak Wan Tong, of No. 41, Connaught Road Central, (2nd floor), Victoria, in the Colony of Hong Kong, have on the 30th day of May, 1935, applied for the registration in Hong Kong, in the Register Trade Marks, of of the following Trade Mark:

                    in the name of the Cheng Chak Wan Tong, all alterations up to February, who claims to be the proprietors thereof.

Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

Price $50 PER

obtainable at

NORONHA & CO.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Sub- stances used as Chinese Medicine, in Class 3.

Dated the 21st day of June, 1935.

DENNYS & CO., Solicitors for the Applicants, The National Bank Building,

Hong Kong.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building,

Hong Kong.

(FILE NO. 243 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Lepack

Company, of York Building, Victoria, Hong Kong, have on the 7th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

-

*

行洋百利

選瓣上等

歐洲洋紙

牌 駝駱

in the name of the Lepack Company, who claim to be the proprietors thereof.

Such Trade Mark has not been used by the Lepack Company, in respect of the goods mentioned in their application but it is their intention to use it forthwith, in respect of Paper in Class 39.

Registration of this Trade Mark shall give no right to the exclusive use of the word "LEPACK".

Dated the 21st day of June, 1935.

THE LEPACK COMPANY, York Building, Hong Kong,

Applicants.

PRINTED AND Published BY NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

1580

LEGISLATIVE COUNCIL.

No. S. 247.-The following Bills were read a first time at a meeting of the Council held on the 22nd August, 1935 :-

Short title.

Definition.

6 & 7 Geo. 5, c. 50, s. 1.

A BILL

INTITULED

[No. 32-12.8.35.-6]

An Ordinance to consolidate, amend and simplify the law

relating to larceny and kindred offences.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Larceny Ordinance. 1935.

2. For the purposes of this Ordinance-

(1) A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof: Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner:

(2)-(i) "Takes" includes obtaining the possession- (a) by any trick;

(b) by intimidation;

(c) under a mistake on the part of the owner with knowl- edge on the part of the taker that possession has been so obtained;

(d) by finding, where at the time of the finding the finder believes that the owner can be discovered by taking reasonable steps;

و

(ii) "Carries away' includes any removal of anything from the place which it occupies, but in the case of a thing attached, only if it has been completely detached;

(iii) "Owner" includes any part owner, or person having possession or control of, or a special property in, anything capable of being stolen:

(3) Everything which has value and is the property of any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen: Provided that---

(a) save as hereinafter expressly provided with respect to fixtures, growing things, and ore from mines, anything attached to or forming part of the realty shall not be capable of being stolen by the person who severs the same from the realty, unless after severance he has abandoned possession thereof; and

(b) the carcase of a creature wild by nature and not reduced into possession while living shall not be capable of being stolen by the person who has killed such creature, unless after killing it he has abandoned possession of the carcase.

>

3. In this Ordinance-

1581

(1)-(a) "Inspector General of Police" shall include any person authorised by such said Inspector General of Police to act in his behalf :

(b) "Document of title to goods" includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certi- ficate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the pos- sessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to :

(c) "Document of title to lands" includes any deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate:

(d) "Night" means the interval between nine o'clock in the evening and six o'clock in the morning of the next succeed- ing day:

(e) "Property" includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such con- version or exchange, whether immediately or otherwise:

(f) "Trustee" means a trustee on some express trust created by some deed, will, or instrument in writing, and in- cludes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and ad- ministrator, and an official receiver, assignee, liquidator, or other like officer acting under any present or future Ordinance relating to joint stock companies or bankruptcy :

(g) "Valuable security" includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of His Majesty's Dominions, or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company, or society, whether within or without His Majesty's Dominions, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order, or other security for payment of money, or any accountable receipt, release, o:* discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods as herein-before defined.

(2) "Dwelling-house" does not include a building al- though within the same curtilage with any dwelling-house an occupied therewith unless there is a communication between such building and dwelling-house, either immediate or by means of a covered and enclosed passage leading from one to the other.

Interpreta- tion.

6 & 7 Geo. 5,

c. 50, s. 46.

Simple

lai ceny.

c. 50, s. 2.

1582

4. Stealing for which no special punishment is provided. under this or any other Ordinance for the time being in force 6 & 7 Geo. 5, shall be simple larceny and a felony punishable with imprison- ment for any term not exceeding five years, and the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable.

(cf. No. 3 of 1903).

Larceny of cattle.

6 & 7 Geo. 5,

Larceny of cattle and other animals.

5. Every person who steals any horse, cattle, or sheep shall be guilty of felony and on conviction thereof liable to c. 50, s. 3.' imprisonment for any term not exceeding fourteen years. In this section "cattle" includes colts, geldings, asses, mules, hinnies, buffaloes, goats, pigs and other animals.

Killing animals

with intent

to steal.

6 & 7 Geo. 5,

c. 50, s. 4.

Larceny, etc., of dogs.

24 & 25 Vict.

c. 96, ss. 18 and 19.

6. Every person who wilfully kills any animal with intent to steal the carcase, skin, or any part of the animal killed, shall be guilty of felony, and on conviction thereof liable to the same punishment as if he had stolen such animal, provided that the offence of stealing the animal so killed would have amounted to felony.

7.-(1) Every person who-

(a) steals any dog; or

(b) unlawfully has in his possession or on his premises. any stolen dog, or the skin thereof, knowing such dog or 6 & 7 Geo. 5, skin to have been stolen;

c. 50, s. 5.

Larceny of bird or beast ordi-

narily kept in confine- ment.

24 & 25

Vict. c. 96, s. 21.

shall on summary conviction be liable to imprisonment for any term not exceeding six months, or to a fine, over and above the value of the dog, of two hundred and fifty dollars.

(2) Every person who-

(a) having been convicted of any such offence, either against this or any former Ordinance, afterwards commits either of the offences mentioned in sub-section (1); or

(b) corruptly takes any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any stolen dog, or any dog which is in the possession of any person not being the owner thereof; shall be guilty of a misdemeanor, and on conviction thereof liable to imprisonment for any term not exceeding eighteen months.

8. (1) Every person who-

(a) steals any bird, beast or other animal ordinarily kept in a state of confinement or for any domestic purpose, not being the subject of larceny at common law; or

(b) wilfully kills any such bird, beast, or animal, with intent to steal the same or any part thereof,

shall upon summary conviction be liable to imprisonment for any term not exceeding six months, or to pay, over and above the value of the bird, beast, or other animal, a fine not exceed- ing two hundred and fifty dollars.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence under this section shall be guilty of a misdemeanor, and on conviction thereof liable to im- prisonment for any term not exceeding twelve months.

1583

of person

9.-(1) If any such bird or any of the plumage thereof, Punishment or any dog, or any such beast, or the skin thereof, or any such found in animal or any part thereof, is found in the possession or on the possession premises of any person, a magistrate may restore the same respectively to the owner thereof.

(2) Every person in whose possession or on whose pre- mises such bird or the plumage thereof, or such beast or the skin thereof, or such animal or any part thereof, is so found (such person knowing that the bird, beast or animal has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skin of a stolen beast, or that the part is a part of a stolen animal), shall upon summary con- viction be liable, for the first offence, to such fine, and for every subsequent offence, to such punishment as any person convicted of stealing any beast or bird is made liable to by section 8.

of stolen bird, etc.

24 & 25 Vict. c. 96, s. 22.

or pigeon.

10. Every person who unlawfully and wilfully kills, Killing wounds or takes any house-dove or pigeon in such circum- house-dove stances as do not amount to larceny at common law shall 24 & 25 upon summary conviction be liable to a fine, over and Vict. c. 96, above the value of the bird, not exceeding twenty-five dollars.

s. 23.

11. Every person who unlawfully and wilfully takes or Taking fish. destroys any fish in any water which is private property shall 24 & 25 on summary conviction be liable to a fine, over and above the Vict. c. 96, value of the fish taken or destroyed, not exceeding twenty-five dollars.

12. Every person who unlawfully and wilfully-

s. 24.

oysters.

(a) uses any dredge, net, instrument or engine what- Dredging, soever, within the limits of any oyster bed, laying or fishery, etc., for being the property of any other person, for the purpose of 24 & 25 taking oysters or oyster brood, although none shall actually Vict. c. 96, be taken; or

(b) drags with any net, instrument or engine upon the ground or soil of any such fishery,

shall on summary conviction be liable to imprisonment for any term not exceeding three months.

Larceny of written instruments.

s. 26.

24 & 25

13. (1) Every person who steals, or for any fraudulent Larceny, purpose destroys, cancels, obliterates or conceals, the whole etc., of wills. or any part of any will, codicil or other testamentary instru- Vict. c. 96, ment, either of a dead or of a living person, shall be guilty of felony and on conviction thereof liable to imprisonment 6 & 7 Geo. 5, for life.

(2) Nothing in this section or in section 14, nor any pro- ceeding, conviction or judgment to be had or taken thereupon shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by any such offence might or would have had if this Ordinance had not been passed; but no conviction of any such offender shall be received in evidence in any action against him.

s. 29.

c. 50, s. 6.

44

Larceny, etc., of documents

of title to

1584

14. Every person who steals, or for any fraudulent purpose takes from its place of deposit for the time being, or from any person having the lawful custody thereof, or unlaw- other legal fully and maliciously destroys, cancels, obliterates or conceals,

the whole or any part of-

land and

documents.

24 & 25

Vict. c. 96, ss. 28 &

30.

6 & 7 Geo. 5, c. 50, s. 7.

Fraudulent destruction, etc., of valuable security. 24 & 25

Vict. c. 96, s. 27.

Larceny, etc., of fixtures, trees, etc.

(a) any document of title to lands; or

(b) any record, writ, return, panel, petition, process, interrogatory, deposition, affidavit, rule, order, warrant of attorney, or any original document of or belonging to any court, or relating to any cause or matter, civil or criminal, begun, depending, or terminated in any such court; or

(c) any original document relating to the business of any office or employment under His Majesty, and being or remaining in any office appertaining to any court or in any government or public office;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding five years.

15. Every person who for any fraudulent purpose des- troys, cancels, or obliterates, the whole or any part of any valuable security, other than a document of title to lands, shall be guilty of felony, of the same nature and in the same degree and punishable in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money on the security so stolen, or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned, or referred to in or by the security.

Larceny of things attached to or growing on land.

16. Every person who-

due

(1) steals, or, with intent to steal, rips, cuts, severs or

6 & 7 Geo. 5, breaks- c. 50, s. 8.

(a) any glass or woodwork belonging to any building; or (b) any metal or utensil or fixture, fixed in or to any building; or

(c) anything made of metal fixed in any land being private. property, or as a fence to any dwelling-house, garden or area, cr in any square or street, or in any place dedicated to public use or ornament, or in any burial-ground:

(2) steals, or, with intent to steal, cuts, breaks, roots up or otherwise destroys or damages the whole or any part of any tree, sapling, bamboo, shrub, or underwood growing- (a) in any place whatsoever, the value of the article stolen or the injury done being to the amount of twenty-five cents at the least, after two previous summary convictions of any such offence; or

(b) in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwell- ing-house, the value of the article stolen or the injury done exceeding the amount of five dollars; or

(c) in any place whatsoever, the value of the article stolen or the injury done exceeding the amount of twenty-five dollars : (3) steals, or with intent to steal, destroys or damages any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, nursery-ground, hothouse,

1585

greenhouse or conservatory, after a previous summary con- viction of any such offence;

shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.

small tree,

17.-(1) Every person who steals, cuts, breaks, roots up, or otherwise destroys or damages with intent to steal, the whole or any part of any tree, sapling, bamboo, shrub, or Larceny, underwood growing in any place whatsoever, the value of the etc., of article stolen or the injury done being to the amount of twenty- etc., five cents at the least, shall on summary conviction be liable wherever to a fine, over and above the value of the article stolen or 24 & 25 the amount of the injury done, not exceeding two hundred Vict. c. 96, and fifty dollars or to imprisonment for any term not exceed- s. 33. ing three months.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section, shall upon conviction thereof in like manner be liable to imprisonment for any term not exceeding six months.

growing.

etc., of

18.-(1) Every person who steals, cuts, breaks, or throws Larceny, down with intent to steal, any part of any live or dead fence, live or dead or any wooden post, pale, wire, or rail set up or used as a fence, etc. fence, or any stile or gate, or any part thereof respectively, 24 & 25 shall on summary conviction be liable to a fine, over and above the value of the article stolen or the amount of the injury done, not exceeding one hundred dollars or to imprisonment for any term not exceeding three months.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section shall on con- viction thereof in like manner be liable to imprisonment for any term not exceeding six months.

Vict. c. 96,

s. 34.

19. If the whole or any part of any tree, sapling, Suspected bamboo, shrub, or underwood, or any part of any live or dead person in

                              possession of fence, or any post, pale, wire, rail, stile, or gate, or any part tree etc., thereof, being of the value of twenty-five cents at the least, and not is found in the possession of any person, or on the premises for it.

                              accounting of any person, with his knowledge, and such person, being 24 & 25 taken or summoned before a magistrate, does not satisfy him Vict. c. 96, that he came lawfully by the same, he shall be liable to a fine, over and above the value of the article so found, not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

s. 35.

etc., of

20. Every person who steals, or, with intent to steal, Larceny, destroys or damages any plant, root, fruit, or vegetable pro- plant, etc., duction growing in any garden, orchard, pleasure ground, growing in nursery ground, hothouse, greenhouse or conservatory shall garden, etc. on summary conviction be liable to imprisonment for any term Vict. c. 96, not exceeding six months, or to a fine, over and above the value s. 36. of the article stolen or the amount of the injury done, not exceeding two hundred and fifty dollars.

24 & 25

cultivated

21. (1) Every person who steals, or, with intent to Larceny, steal, destroys or damages any cultivated root or plant used for etc., of the food of man or beast, or for medicine, or for distilling, or plant, etc., for dyeing, or for or in the course of any manufacture, and not growing

                              in garden. growing in any land, open or enclosed, not being a garden, 24 & 25 orchard, pleasure ground, or nursery ground, shall on summary v conviction be liable to imprisonment for any term not exceed- s. 31.

c. 96,

Larceny of goods in process of

manufacture. 6 & 7 Geo. 5,

c. 50, s. 9.

Abstracting of elec- tricity.

6 & 7 Geo. 5, c. 50, s. 10.

Larceny, etc., of ore from mines.

& 7 Geo. 5,

1586

ing one month, or to a fine, over and above the value of the article stolen or the amount of the injury done, not exceeding ten dollars.

(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section shall, on con- viction thereof in like manner, be liable to imprisonment for any term not exceeding six months.

Larceny of goods in process of manufacture.

22. Every person who steals, to the value of five dollars, any woollen, linen, hempen or cotton yarn, or any goods or article of silk, woollen, linen, cotton, alpaca or mohair, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed or exposed, during any stage, process or progress of manufacture in any building, field, or other place, shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

Larceny of electricity.

23. Every person who maliciously or fraudulently ab- stracts, causes to be wasted or diverted, consumes or uses any electricity shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.

Larceny from mines.

24. Every person who-

(a) steals, or severs with intent to steal, the ore of any metal, or any other mineral from any mine bed or vein thereof; (b) being employed in or about any mine, takes, removes or conceals the ore of any metal or any other mineral found or being in such mine, with intent to defraud any proprietor of Vict. c. 96, or adventurer in such mine, or any workman or miner em-

ployed therein;

c. 50, s. 11.

24 & 25

s. 39.

Larceny in dwelling-

houses.

6 & 7 Geo. 5,

c. 50, s. 13.

Larceny

from the

person.

6 & 7 Geo. 5,

c. 50, s. 14.

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding two years.

Larceny in dwelling-houses.

25. Every person who steals in any dwelling-house any chattel, money, or valuable security shall-

(a) if the value of the property stolen amounts to fifty dollars; or

(b) if he by any menace or threat puts any person being in such dwelling-house in bodily fear;

be guilty of felony and on conviction thereof liable to im- prisonment for any term not exceeding fourteen years.

Larceny from the person.

26. Every person who steals any chattel, money, or valu- able security from the person of another shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

1587

Larceny from ships, wharves, etc.

27. Every person who steals-

Larceny from ships,

(1) any goods in any vessel, barge or boat of any descrip- docks, etc. tion in any haven or any port of entry or discharge or upon any 6 & 7 Geo. 5, navigable river or canal or in any creek or basin belonging to or communicating with any such haven, port, river, or canal;

or

(2) any goods from any dock, wharf or quay adjacent to any such haven, port, river, canal, creek, or basin; or

(3) any part of any vessel in distress, wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such vessel;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

c. 50, s. 15.

possession of

28. If any goods, merchandise, or articles of any kind Persons in belonging to any vessel in distress, wrecked, stranded, or shipwrecked cast on shore, are found in the possession of any person or on goods not the premises of any person with his knowledge, and such per- giving a

                                    satisfactory son, being taken or summoned before a magistrate, does not account. satisfy him that he came lawfully by the same, then the same 24 & 25 shall, by order of the magistrate, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender shall on summary conviction of such offence be liable to im- prisonment for any term not exceeding six months, or to a fine, over and above the value of the goods, merchandise, or arti- cles, not exceeding two hundred and fifty dollars.

Vict. c. 96,

s. 65.

wrecked

29.-(1) If any person offers or exposes for sale any Power to goods, merchandise, or articles whatsoever which have been seize ship- unlawfully taken, or are reasonably suspected so to have been goods offered taken, from any vessel in distress, wrecked, stranded, or cast for sale. on shore, in every such case any person to whom the same are 24 & 25 offered for sale, or any revenue or police officer may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to a magistrate.

(2) If the person who has offered or exposed the same for sale, being summoned by the magistrate, does not appear and satisfy him that he came lawfully by such goods, merchandise, or articles then the same shall, by order of the magistrate, be forthwith delivered over to or for the use of the rightful owner thereof, on payment of a reasonable reward (to be ascertained by the magistrate) to the person who seized the same; and the offender shall on summary conviction of such offence be liable to imprisonment for any term not exceeding six months, or to a fine, over and above the value of the goods, merchandise, or articles, not exceeding two hundred and fifty dollars.

Vict. c. 96,

s. 66.

1917.

(3) In this section, "revenue officer" has the same No. 2 of meaning as in the Revenue Officers Power of Arrest Ordinance, 1917.

Larceny by tenants and lodgers.

lodgers.

30. Every person who, being a tenant or lodger, or the Larceny by husband or wife of any tenant or lodger, steals any chattei tenants or or fixture let to be used by such person in or with any house 6 & 7 Geo. 5, or lodging shall be guilty of felony and on conviction thereof c 50, s. 16. liable-

(a) if the value of such chattel or fixture exceeds the sum of fifty dollars, to imprisonment for any term not exceeding seven years;

(cf. No. 3 of 1903).

Larceny and em- bezzlement by clerks or servants.

6 & 7 Geo. 5, c. 50, s. 17.

(cf. No. 3 of 1903).

1588

(b) in all other cases, to imprisonment for any term not exceeding two years;

(c) in any case, if a male under the age of sixteen years, to be once privately whipped in addition to any other punish- ment to which he may by law be liable.

Embezzlement.

31. Every person who-

(1) being a clerk or servant or person employed in the capacity of a clerk or servant-

(a) steals any chattel, money or valuable security belong- ing to or in the possession or power of his master or employer;

or

(b) fraudulently embezzles the whole or any part of any chattel, money or valuable security delivered to or received or taken into possession by him for or in the name or on the account of his master or employer:

(2) being a public servant-

(a) steals any chattel, money, or valuable security belong- ing to or in the possession of His Majesty or entrusted to or received or taken into possession by such person by virtue of his employment; or

(b) embezzles or in any manner fraudulently applies or disposes of for any purpose whatsoever except for the public service any chattel, money or valuable security entrusted to or received or taken into possession by him by virtue of his employment:

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years, and in the case of a clerk or servant or person employed for the purpose or in the capacity of a clerk or servant, if a male under the age of sixteen years, to be once privately whipped in addition to any other punishment to which he may by law be liable.

Conversion.

6 & 7 Geo. 5, c. 50, s. 20.

Conversion.

32.-(1) Every person who-

(i) being entrusted either solely or jointly with any other person with any power of attorney for the sale or transfer of any property, fraudulently sells, transfers, or otherwise con- verts the property or any part thereof to his own use or benefit, or the use or benefit of any person other than the person by whom he was so entrusted; or

(ii) being a director, member or officer of any body cor- porate or public company, fraudulently takes or applies for his own use or benefit, or for any use or purposes other than the use or purposes of such body corporate or public company, any of the property of such body corporate or public com- pany; or

(iii)-(a) being entrusted either solely or jointly with any other person with any property in order that he may retain in safe custody or apply, pay, or deliver, for any purpose or to any person, the property or any part thereof or any proceeds thereof; or

1589

(b) having either solely or jointly with any other person received any property for or on account of any other person: fraudulently converts to his own use or benefit, or the use or benefit of any other person, the property or any part thereof or any proceeds thereof;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years

(2) Nothing in paragraph (iii) of sub-section (1) of this section shall apply to or affect any trustee under any express trust created by a deed or will, or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage.

c. 50, s. 21,

33. Every person who, being a trustee as herein-before Conversion defined, of any property for the use or benefit either wholly or by trustee. partially of some other person, or for any public or charitable 6 & 7 Geo, 5, purpose, with intent to defraud converts or appropriates the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charit- able purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a mis- demeanor and on conviction thereof liable to imprisonment Provided that no for any term not exceeding seven years: prosecution for any offence included in this section shall be commenced-

(a) by any person without the sanction of the Attorney General;

(b) by any person who has taken any civil proceedings against such trustee, without the sanction also of the court or judge before whom such civil proceedings have been had or are pending.

advances on

34. (1) Every person who, being a factor or agent en- Factors ob- trusted either solely or jointly with any other person for the taining purpose of sale or otherwise, with the possession of any goods the property or of any document of title to goods contrary to or without the of their authority of his principal in that behalf for his own use or principals. benefit, or the use or benefit of any person other than the c. 50, s. 22. person by whom he was so entrusted, and in violation of good faith-

(i) consigns, deposits, transfers, or delivers any goods er document of title so entrusted to him as and by way of a pledge, lien, or security for any money or valuable security borrowed or received, or intended to be borrowed or received by him; or

(ii) accepts any advance of any money or valuable secur- ity on the faith of any contract or agreement to consign, deposit, transfer, or deliver any such goods or document of title;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years: Provided that no such factor or agent shall be liable to any prosecution for consigning, depositing, transferr- ing or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such consignment, deposit, transfer, or delivery, was justly due and owing to such agent from his principal,

6 & 7 Geo. 5,

Keeping by director,

etc., of

fraudulent

accounts.

24 & 25

Vict. c. 96, s. 82.

Fraudulent destruction by director etc., of books, etc.

24 & 25 Vict. c. 96, s. 83.

1590

together with the amount of any bill of exchange drawn by or on account of such principal and accepted by such factor or agent.

(2)-(a) Any factor or agent entrusted as aforesaid and in possession of any document of title to goods shall be deemed to have been entrusted with the possession of the goods repre- sented by such document of title.

(b) Every contract pledging or giving a lien upon such document of title as aforesaid shall be deemed to be a pledge of and lien upon the goods to which the same relates.

(c) Any such factor or agent as aforesaid shall be deemed to be in possession of such goods or documents whether the same are in his actual custody or are held by any other person subject to his control, or for him or on his behalf.

(d) Where any loan or advance is made in good faith to any factor or agent entrusted with and in possession of any such goods or document of title on the faith of any contract or agreement in writing to consign, deposit, transfer, or deliver such goods or documents of title and such goods or documents of title are actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan cr advance shall be deemed to be a loan or advance on the security of such goods or documents of title and within the meaning of this section, though such goods or documents of title are not actually received by the person making such loan or advance till the period subsequent thereto.

(e) Any payment made whether by money or bill of ex- change or other negotiable security shall be deemed to be an advance within the meaning of this section.

(f) Any contract or agreement whether made direct with such factor or agent as aforesaid or with any person on his behalf shall be deemed to be a contract or agreement with such factor or agent.

(g) Any factor or agent entrusted as aforesaid and in possession of any goods or document of title to goods shall be deemed, for the purposes of this section, to have been entrusted therewith by the owner thereof, unless the contrary be shown in evidence.

35. Every person who, being a director, public officer, or manager of any body corporate or public company, as such receives or possesses himself of any of the property of such body corporate or public company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits to make or to cause or direct to be made a full and true entry thereof in the books and accounts of such body corporate or public company, shall be guilty of a misdemeanor and on con- viction thereof liable to imprisonment for any term not ex- ceeding seven years.

36. Every person who, being a director, manager, public officer, or member of any body corporate or public company, with intent to defraud, destroys, alters, mutilates, or falsifies any book, paper, writing, or valuable security belonging to the body corporate or public company, or makes or concurs in the making of any false entry, or omits or concurs in omitting any material particular, in any book of account or other document, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

1591

statements.

37. Every person who, being a director, manager, or Making by

directors, public officer of any body corporate or public company, makes, etc., of circulates, or publishes, or concurs in making, circulating, or fraudulent publishing, any written statement or account which he knows 24 & 25 to be false in any material particular, with intent to deceive or Vict. c. 96, defraud any member, shareholder, or creditor of such body s. 84. corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to en- trust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

to be exempt

38. Nothing in any of sections 32, 33, 34, 35, 36 or 37 No person of this Ordinance shall enable or entitle any person to refuse from answer- to make a full and complete discovery, or to answer any ing questions question or interrogatory in any civil proceeding in any 24 & 25 court, or on the hearing of any matter in bankruptcy or Vict. c. 96, insolvency.

s. 85.

remedies at

Vict. c. 96,

39. Nothing in any of sections 32, 33, 34, 35, 36, 37 Saving of or 38 of this Ordinance, nor any proceeding, conviction, or law or in judgment to be had or taken thereon against any person equity. under any of the said sections, shall prevent, lessen, or 24 & 25 impeach any remedy at law or in equity which any party s. 86. aggrieved by any offence against any of the said sections might have had if this Ordinance had not been passed; but no conviction of any such offender shall be received in evidence in any action against him; and nothing in the said sections shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappro- priated.

Robbery, house-breaking, etc.

40. (1) Every person who-

Robbery.

6 & 7 Geo. 5,

(a) being armed with any offensive weapon or instrument, c. 50, s. 23. or being together with one other person or more, robs, or assaults with intent to rob, any person;

(b) robs any person and, at the time of or immediately before or immediately after such robbery, uses any personal violence to any person;

shall be guilty of felony and on conviction thereof liable to imprisonment for life, and, in addition, if a male, to be (cf. No. 3 once privately whipped.

(2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

(3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding five years.

41. Every person who-

of 1903).

Sacrilege.

6 & 7 Geo. 5,

(1) breaks and enters any place of divine worship and c. 50, s. 24. commits any felony therein; or

(2) breaks out of any place of divine worship, having committed any felony therein;

Burglary.

6 & 7 Geo. 5, c. 50, s. 25.

House-

breaking

and com-

mitting

felony.

c. 50, s. 26.

1592

shall be guilty of felony called sacrilege and on conviction thereof liable to imprisonment for life.

42. Every person who in the night--

(1) breaks and enters the dwelling-house of another with intent to commit any felony therein; or

(2) breaks out of the dwelling-house of another, having- (a) entered the said dwelling-house with intent to commit any felony therein; or

(b) committed any felony in the said dwelling-house;

shall be guilty of felony called burglary and on conviction thereof liable to imprisonment for life.

43. Every person who-

(1) breaks and enters any dwelling-house, or any building within the curtilage thereof and occupied therewith, or any

6 & 7 Geo. 5, school-house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any building be- longing to His Majesty, or to any Government, Naval, Military or Air Force Department, and commits any felony therein or

House- breaking with intent to commit felony.

6 & 7 Geo. 5, c. 50, s. 27.

Being found by night, armed or in possession of house- breaking

implements. 6 & 7 Geo. 5, c. 50, s. 28.

(2) breaks out of the same, having committed any felony therein;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding fourteen years.

44. Every person who, with intent to commit any felony therein,-

(1) enters any dwelling-house in the night; or

(2) breaks and enters any dwelling-house, place of divine worship or any building within the curtilage, or any school- house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government, Naval, Military or Air Force Department;

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years.

45. Every person who is found by night--

(1) armed with any dangerous or offensive weapon or instrument, with intent to break or enter into any building and to commit any felony therein; or

(2) having in his possession without lawful excuse (the proof whereof shall lie on such person) any key, picklock, crow, jack, bit, or other implement of house-breaking; or

(3) having his face blackened or disguised with intent tɔ commit any felony; or

(4) in any building with intent to commit any felony therein;

1593

shall be guilty of a misdemeanor and on conviction thereof liable-

(a) if he has been previously convicted of any such mis- demeanor or of any felony, to imprisonment for any term not exceeding ten years;

(b) in all other cases, to imprisonment for any term not exceeding five years.

46.-(1) Every person who-

Demanding money, etc., with

menaces.

(i) utters, knowing the contents thereof, any letter or writing demanding of any person with menaces, and without 6 & 7 Geo. 5,

reasonable or probable cause, any property or valuable c. 50, s. 29.

any thing;

(ii) utters, knowing the contents thereof, any letter or writing accusing or threatening to accuse any other person (whether living or dead) of any crime to which this section applies, with intent to extort or gain thereby any property or valuable thing from any person;

(iii) with intent to extort or gain any property or valuable thing from any person accuses or threatens to accuse either that person or any other person (whether living or dead) of any such crime;

shall be guilty of felony and on conviction thereof liable to imprisonment for life, and, if a male under the age of sixteen years, to be once privately whipped in addition to (ef. No. 3 any other punishment to which he may by law be liable.

(2) Every person who with intent to defraud or injure any other person-

(a) by any unlawful violence to or restraint of the person of another, or

(b) by accusing or threatening to accuse any person (whether living or dead) of any such crime or of any felony,

compels or induces any person to execute, make, accept, en- dorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix the name of any person, company, firm or co-partnership, or the seal of any body corporate, company or society upon or to any paper or parch- ment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, shall be guilty of felony and on conviction thereof liable to imprisonment for life.

(3) This section applies to any crime punishable with death, or imprisonment for not less than seven years, or any assault with intent to commit any rape, or any attempt to commit any rape, or any solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the abominable crime of buggery, either with mankind or with any animal.

(4) For the purposes of this Ordinance it is immaterial whether any menaces or threats be of violence, injury, or accusation to be caused or made by the offender or by any other person.

of 1903).

Demanding with

menaces,

to steal.

1594

47. Every person who with menaces or by force demands of any person anything capable of being stolen with intent to

with intent steal the same shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding

years.

6 & 7 Geo. 5,

c. 50, s. 30.

Threatening to publish, with intent to extort.

6 & 7 Geo. 5, c. 50, s. 31.

False pre- tences.

6 & 7 Geo. 5, c. 50, s. 32.

Obtaining credit by fraud, etc.

32 & 33

Vict. c. 62, s. 13.

(cf. No. 10 of 1931, s. 134).

16 & 17 Geo.

five

48. Every person who with intent-

(a) to extort any valuable thing from any person, or

(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,

(1) publishes or threatens to publish any libel upon any other person (whether living or dead); or

(2) directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead);

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding two years.

False pretences.

49. Every person who by any false pretence-

(1) with intent to defraud, obtains from any other person any chattel, money, or valuable security, or causes or procures any money to be paid, or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or

(2) with intent to defraud or injure any other person, fraudulently causes or induces any other person-

(a) to execute, make, accept, endorse, or destroy the whole or any part of any valuable security; or

(b) to write, impress, or affix his name or the name of any other person, or the seal of any body corporate or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding five years.

50. Every person who-

(a) in incurring any debt or liability obtains credit under false pretences or by means of any other fraud; or

(b) with intent to defraud his creditors or any of them. makes or causes to be made any gift, delivery, or transfer of, or any charge on his property; or

(c) with intent to defraud his creditors, conceals or re- moves any part of his property after or within two months before the date of any unsatisfied judgment or order for pay- ment of money obtained against him; or

(d) with intent to defraud his creditors or any of them, 5, c. 7, S. 6. causes or connives at the levying of any execution against his

property;

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding one year.

1595

Receiving stolen property.

c. 50, s. 33.

51. (1) Every person who receives any property know- Receiving. ing the same to have been stolen or obtained in any way what- 6 & 7 Geo. 5, soever under circumstances which amount to felony or mis- demeanor, shall be guilty of an offence of the like degree (whether felony or misdemeanor) and on conviction thereof liable-

(a) in the case of felony, to imprisonment for any term not exceeding fourteen years;

(b) in the case of misdemeanor, to imprisonment for any term not exceeding seven years;

(c) in either case, if a male under the age of sixteen (cf. No. 3 years, to be once privately whipped in addition to any other of 1903). punishment to which he may by law be liable.

(2) Every such person may be indicted and convicted, whether the principal offender has or has not been previously convicted, or is or is not amenable to justice.

(3) Every person who, without lawful excuse, knowing the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in this Colony the person committing it would have been guilty of felony or misdemeanor, receives or has in his possession any property so stolen or obtained outside the Colony, shall be guilty of an offence of the like degree (whether felony or mis- demeanor) and on conviction thereof liable to imprisonment for any term not exceeding seven years.

perty, where

52. Where the stealing or taking of any property what- Receivers of soever is by this Ordinance punishable on summary conviction, stolen pro- either for every offence, or for the first and second offenee the first only, or for the first offence only, every person who receives offence, etc., is punishable any such property, knowing the same to be unlawfully come on summary by, shall upon summary conviction be liable, for every first, conviction. second, or subsequent offence of receiving, to the same punish- 24 & 25 ment to which a person guilty of a first, second, or subsequent s. 97. offence of stealing or taking such property is by this Ordinance made liable.

Offences relating to rewards.

Vict. c. 96,

reward.

53. Every person who corruptly takes any money or re- Corruptly ward, directly or indirectly, under pretence or upon account of taking a helping any person to recover any property which has, under 6 & 7 Geo. 5, circumstances which amount to felony or misdemeanor, been c. 50, s. 34. stolen or obtained in any way whatsoever, or received, shall (unless he has used all due diligence to cause the offender to be brought to trial for the same) be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years, and, if a male under the age of sixteen years, to be once privately whipped in addition to any other (cf. No. 3 punishment to which he may by law be liable.

of 1903).

54. Every person who-

Advertising

a reward for return

(1) publicly advertises a reward for the return of any of stolen property whatsoever which has been stolen or lost, and in or lost

                              property. such advertisement uses any words purporting that no questions 24 & 25 will be asked; or

Vict. c. 96,

s. 102.

www.

1596

Accessories and abettors.

6 & 7 Geo. 5, c. 50, s. 35.

24 & 25 Vict. c. 96, s. 99.

Arrest without

warrant.

6 & 7 Geo. 5, c. 50, s. 41.

24 & 25 Vict. c. 96, ss. 103 &

104.

Search

warrants.

c. 50, s. 42.

(2) makes use of any words in any public advertisement purporting that a reward will be given or paid for any property which has been stolen or lost, without seizing or making any inquiry after the person producing such property; or

(3) promises or offers in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost the money so paid or advanced, or any other sum of money or reward for the return of such property; or

(4) prints or publishes any such advertisement, shall on summary conviction be liable to a fine not exceeding one hundred dollars.

Principals in the second degree and accessories, etc.

55. Every person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence punishable either on indictment or on summary conviction under this Ordinance shall be liable to be dealt with, indicted, tried and punished as a principal offender.

Apprehension of offenders.

56.-(1) Any person found committing any offence, punishable either on indictment or on summary conviction, against this Ordinance except an offence under section 48 may be immediately apprehended without a warrant by any person and forthwith taken, together with the property, if any, before a magistrate to be dealt with according to law.

(2) Any person to whom any property is offered to be sold, pawned, or delivered, if he has reasonable cause to suspect that any offence has been committed against this Ordin- ance with respect to such property, shall, if in his power, apprehend and forthwith take before a magistrate the person offering the same, together with such property, to be dealt with according to law.

(3) Any constable may take into custody without warrant any person whom he finds lying or loitering in any highway, yard, or other place during the night, and whom he has good cause to suspect of having committed or being about to commit any felony against this Ordinance, and shall take such person as soon as reasonably may be before a magistrate to be dealt with according to law.

Search warrants.

57.-(1) If it is made to appear by information on oath before a magistrate that there is reasonable cause to believe 6 & 7 Geo. 5, that any person has in his custody or possession or on his premises any property whatsoever, with respect to which any offence, punishable either on indictment or on summary con- viction, against this Ordinance has been committed, the magis- trate may grant a warrant to search for and seize the same.

(2)(a) Any constable may, if authorised in writing by the Inspector General of Police, enter any house, shop, ware- house, yard, or other premises, and search for and seize any property he believes to have been stolen, and, where any pro- perty is seized in pursuance of this section, the person on whose premises it was at the time of seizure or the person from

1597

whom it was taken shall, unless previously charged with re- ceiving the same knowing it to have been stolen, be summoned before a magistrate to account for his possession of such property, and the magistrate shall make such order respecting the disposal of such property and may award such costs as the justice of the case may require.

(b) It shall be lawful for the Inspector General of Police to give such authority as aforesaid-

(i) when the premises to be searched are or within the preceding twelve months have been in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves; or

(ii) when the premises to be searched are in the occupa- tion of any person who has been convicted of any offence involving fraud or dishonesty and punishable with imprison-

ment.

(c) It shall not be necessary for the Inspector General of Police on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a recept- acle for stolen goods.

Miscellaneous.

tion ordered

Vict. c. 96,

s. 106.

58. Every sum of money which is ordered to be paid on Application any summary conviction for the value of any property stolen of compensa- or taken, or for the amount of any injury done (such value or on summary amount to be assessed in each case by the convicting magis- conviction. trate), shall be paid to the party aggrieved, except where he 24 & 25 is unknown, and in that case such sum shall be applied in the same manner as a fine: Provided that where several persons join in the commission of the same offence, and, on conviction thereof, each is ordered to pay a sum equivalent to the value of the property or to the amount of the injury, nʊ further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum ordered to be paid shall be applied in the same manner as a fine.

59. Where any person is summarily convicted of any First offence against this Ordinance, and it is a first conviction, the offenders. magistrate may, if he thinks fit, discharge the offender from 24 & 25 his conviction, on his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall (ef. No. 41 be ascertained by the magistrate.

Vict. c. 96, s. 108.

of 1932, s. 30).

to bar any

the same

60. Whenever any person convicted of any offence Summary punishable on summary conviction by virtue of this Ordinance conviction pays the sum ordered to be paid, together with costs, under other pro- such conviction, or receives a remission thereof from the ceeding for Governor, or suffers the imprisonment awarded for non-pay- cause. ment thereof or the imprisonment ordered in the first instance, 24 & 25 or is discharged from his conviction by any magistrate as Vict. c. 96, aforesaid, he shall be released from all further or other pro- ceedings for the same cause.

Punishments.

s. 109.

61. (1) Every person who commits the offence of sim- Special ple larceny after having been previously convicted of felony punishments. shall be liable to imprisonment for any term not exceeding ten 6 & 7 Geo. 5, years.

c. 50, s. 37.

No. 6 of

1865.

(cf. No. 3 of 1903).

Procedure,

c. 50, s. 40.

1598

(2) Every person who commits the offence of simple larceny, or any offence made punishable like simple larceny, after having been previously convicted-

(a) of any indictable misdemeanor punishable under this Ordinance; or

(b) twice summarily of any offence punishable under the Malicious Damage Ordinance, 1865, or under this Ordinance (whether each of the convictions has been in respect of an offence of the same description or not, and whether such convictions, or either of them, have been before or after the passing of this Ordinance);

shall be liable to imprisonment for any term not exceeding seven years.

(3) In every case in this section before mentioned the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable.

(4)-(a) On conviction of a misdemeanor punishable under this Ordinance the court or magistrate instead of or in addition to any other punishment which may be lawfully imposed, may fine the offender.

(b) On conviction of a felony punishable under this Ordi- nance the court or magistrate, in addition to imposing a sentence of imprisonment, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.

:

(c) On conviction of a misdemeanor punishable under this Ordinance the court or magistrate, instead of or in addition to any other punishment which may lawfully be imposed for the offence, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.

(d) Provided that a person shall not be imprisoned for more than one year for not finding sureties.

Procedure.

62.-(1) On the trial of an indictment for obtaining or 6 & 7 Geo. 5, attempting to obtain any chattel, money, or valuable security by any false pretence, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the person accused did the act charged with intent to defraud.

(2) An allegation in an indictment that money or bank- notes have been embezzled or obtained by false pretences can, so far as regards the description of the property, be sustained by proof that the offender embezzled or obtained any piece of coin or any banknote or any portion of the value thereof, although such piece of coin or banknote may have been de- livered to him in order that some part of the value thereof should be returned to any person and such part has been returned accordingly.

(3) In an indictment for feloniously receiving any pro- perty under this Ordinance any number of persons who have at different times so received such property or any part thereof may be charged and tried together.

1599

(4) If any person, who is a member of any co-partner- ship or is one of two or more beneficial owners of any property, steals, or embezzles any such property of or belonging to such co-partnership or to such beneficial owners he shall be liable to be dealt with, tried, and punished as if he had not been or was not a member of such co-partnership or one of such beneficial owners.

Evidence.

63.-(1) Whenever any person is being proceeded Evidence. against for receiving any property, knowing it to have been 6 & 7 Geo. 5, stolen, or for having in his possession stolen property, for c. 50, s. 43. the purpose of proving guilty knowledge there may be given 24 & 25 in evidence at any stage of the proceedings-

(a) the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his possession;

(b) the fact that within the five years preceding the date of the offence charged he was convicted of any offence in- volving fraud or dishonesty.

This last-mentioned fact may not be proved unless--

(i) seven days' notice in writing has been given to the offender that proof of such previous conviction is intended to be given;

(ii) evidence has been given that the property in respect of which the offender is being tried was found or had been in his possession.

(2) No person shall be liable to be convicted of any offence against sections 13, 14 (a), 32, 33, 34, 35, 36 and 37 of this Ordinance upon any evidence whatever in respect of any act done by him, if at any time previously to his being charged with such offence he has first disclosed such act on oath, in consequence of any compulsory process of any court f law or equity in any action, suit or proceeding which has been bonâ fide instituted by any person aggrieved.

(3) In any proceedings in respect of any offence against sections. 13, 14 (a), 32, 33, 34, 35, 36 and 37 of this Ordinance a statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy shall not be admissible in evidence against that person.

Vict. c. 96,

s 85.

conviction.

24 & 25

64. Where any person is charged on any indictment with Evidence as any offence punishable under this Ordinance and committed to previous after a previous conviction for any felony, misdemeanor, or offence punishable on summary conviction, and, on his trial Vict. c. 96, for the subsequent offence, such person gives evidence of his s. 116. good character, it shall be lawful for the prosecutor, in answer thereto and before the verdict of the jury has been returned, to give evidence of the conviction of such person for the previous offence and the jury shall inquire concerning such previous conviction at the same time as they inquire concern- ing the subsequent offence.

Verdict.

65.-(1) If on the trial of any indictment for robbery it Verdict. is proved that the defendant committed an assault with intent 6 & 7 Geo. 5, to rob, the jury may acquit the defendant of robbery and find c. 50, s. 44. him guilty of an assault with intent to rob, and thereupon he shall be liable to be punished accordingly

Restitution.

6 & 7 Geo. 5, c. 50, s. 45.

No. 4 of 1896.

1600

(2) If on the trial of any indictment for any offence against section 31 of this Ordinance (relating to embezzlement) it is proved that the defendant stole the property in question, the jury may find him guilty of stealing, and thereupon he shail be liable to be punished accordingly; and on the trial of any indictment for stealing the jury may in like manner find the defendant guilty of embezzlement or of fraudulent application or disposition, as the case may be, and thereupon he shall be liable to be punished accordingly.

(3) If on the trial of any indictment for stealing it is proved that the defendant took any chattel, money, or valuable security in question in any such manner as would amount in law to obtaining it by false pretences with intent to defraud, the jury may acquit the defendant of stealing and find him guilty of obtaining the chattel, money, or valuable security by false pretences, and thereupon he shall be liable to be punished accordingly.

(4) If on the trial of any indictment for obtaining any chattel, money, or valuable security by false pretences it is proved that the defendant stole the property in question, he shall not by reason thereof be entitled to be acquitted of obtaining such property by false pretences.

(5) If on the trial of any two or more persons indicted for jointly receiving any property it is proved that one or more of such persons separately received any part of such property, the jury may convict upon such indictment such of the said persons as are proved to have received any part of such property.

Restitution.

66.-(1) If any person guilty of any such felony or mis- demeanor as is mentioned in this Ordinance, in stealing, taking, obtaining, extorting, embezzling, converting, or disposing of, or in knowingly receiving, any property, is prosecuted to con- viction by or on behalf of the owner of such property, the property shall be restored to the owner or his representatives.

(2) In every case in this section referred to the court before whom such offender is convicted shall have power to award from time to time writs of restitution for the said property or to order the restitution thereof in a summary manner : Provided that where goods as defined in the Sale of Goods Ordinance 1896, have been obtained by fraud or other wrongful means not amounting to stealing, the property in such goods shall not revest in the person who was the owner of the goods or his personal representative, by reason only of the conviction of the offender:

And provided that nothing in this section shall apply to the case of

(a) any valuable security which has been in good faith paid or discharged by some person or body corporate liable to the payment thereof, or, being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person or body corporate for a just and valuable con- sideration without any notice or without any reasonable cause to suspect that the same had been stolen;

(b) any offence against sections 32, 33 and 34 of this Ordinance.

(3) On the restitution of any stolen property if it appears to the court by the evidence that the offender has sold the

1601

stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the offender on his apprehension, the court may, on the application of such purchaser, order that out of such moneys a sum not exceeding the amount of the proceeds of such sale be delivered to the said purchaser.

Ordinances

5 of

67. The Larceny Ordinance, 1865, the Larceny Amend- Repeal of ment Ordinance, 1925, the Larceny Amendment Ordinance, No. 1928, the Larceny Amendment Ordinance, 1931, and sub- 1865, No. 14 of 1925, No. section (5) of section 3 of the Flogging Ordinance, 1903, 15 of 1928, are repealed.

No. 8 of 1931, and No. 3 of 1903 s. 3 (5).

68. The enactments specified in the Schedule to this Amend- Ordinance are hereby amended to the extent specified in the ments. third column thereof.

Schedule.

?

1602

SCHEDULE.

Ordinance.

Short title.

Amendment.

[s. 70.]

No. 10 of 1886. The Peace

No. 7 of 1889.

Preservation Ordinance, 1886.

The Chinese Extradition Ordinance, 1889.

No. 3 of 1903. The Flogging

Ordinance, 1903.

No. 17 of 1919. The Indict-

ments Ordin- ance, 1919.

In the Second Schedule, the words and figures: "The Larceny Ordinance, 1865, (No. 5 of 1865), sections 29, 30, 31, 32, 33, 38, 39, 40, 42, 43, 44, 45, 46, 47, 49." are repealed, and the words and figures: "The Larceny Ordinance, 1935, sections 25, 26, 40, 41, 42, 43, 44, 45, 46 (1) (i), 47.", are substituted there- for.

In the First Schedule, the words and figures: "(c) the Larceny Ordinance, 1865,', in paragraph 26 thereof, and the marginal reference thereto are repealed, and: "(c) the Larceny Ordin- ance, 1935,", and marginal re- ference: "No. of 1935.",

are substituted therefor.

In section 4 (1), the words and figures: "section 31 of the Larceny Ordinance, 1865,", and the marginal reference thereto are repealed and: "section 40 (1) of the Larceny Ordinance, 1935,", and marginal reference: "Nos. of 1935 and" are substituted therefor.

In the Appendix to the

First

Schedule:-the words and figures: "Larceny, contrary to section 54 of the Larceny Ordin- ance, 1865.", in the Statement of Offence in Form No. 6 are repealed, and the words and figures: "Larceny, contrary to section 31, sub-section (1) (a) of the Larceny Ordinance, 1935." are substituted therefor;

the words and figures: "Robbery with violence, contrary to section 31 of the Larceny Ordinance, 1865.", in the Statement of Offence in Form No. 7 are repealed, and

and the words and figures: "Robbery with violence, contrary to section 40, sub- section (1) (b) of the Larceny Ordinance, 1935.' are substitut- ed therefor;

"

""

the words and figures: "Receiving stolen goods, contrary to section 79 of the Larceny Ordinance, 1865.", in the Second Count, Statement of Offence in Form No. 8, are repealed, and the words and figures: "Receiving stolen goods, contrary to section 51, sub-section (1) of the Larceny Ordinance, 1935.' are substitut- ed therefor;

1603

Schedule,-Continued.

Ordinance.

Short title.

Amendment.

|

the words and figures: "Burglary, and larceny to the value of $25, contrary to sections 40 and 48 of the Larceny Ordinance, 1865.", in the Statement of Offence in Form No. 9 are repealed, and the words and figures: "Burg- lary and Larceny, contrary to sections 25 and 42, sub-section (1) of the Larceny Ordinance, 1935., are substituted therefor;

Form No. 10 is repealed, and the

following substituted therefor :

10.

STATEMENT OF OFFENCE.

Uttering threatening letter with intent, contrary to section 46, sub-section (1) (ii) of the Larcery Ordinance, 1935.

A.B.

PARTICULARS OF OFFENCE.

on the

day of

at Victoria in this Colony, uttered, knowing the contents thereof, a letter or writing threatening to accuse J.N. cf a certain crime, to wit, of having attempted to commit the abomin- able crime of buggery with the said A.B., with intent to extort or gain money from the said J.N.;

the words the figures: "Fraudulent conversion of property, contrary

to

section 62 (1) (a) of the Larceny Ordinance 1865.", in the First Count, Statement of Offence, in Form No. 22 are repealed, and the words and figures: "Fraudulent conversion of property, contrary to section 32, sub-section (1) (iii) (a) of the Larceny Ordinance, 1935." are substituted therefor; and

the words and figures: "Fraudulent conversion of property, contrary to section 62 (1) (b) of the Larceny Ordinance, 1865.", in the Second Count, Statement of Offence, in Form No. 22 are repealed, and the words and figures: "Fraudulent conversion of property, contrary to section 32, sub-section (1) (iii) (b) of the Larceny Ordinance, 1935." are- substituted therefor.

1604

Schedule,-Continued.

Ordinance.

Short title.

Amendment.

No. 32 of 1923. The Forest

Officers Ordin- ance, 1923.

No. 41 of 1932. The

Magistrates Ordinance, 1932.

In the Schedule as enacted by Government Notification 573 of 1933 the words and figures: "5 of 1865.-The Larceny Ordinance, 1865. s. 23; s. 24; s. 25; s. 26; s. 27 and s. 28.' in the first. second and third columns thereof are repealed and the words and figures:"

of 1935.-The Larceny Ordinance, 1935.-s. 16 (2); s. 17; s. 18; s. 19; s. 20 and S. 21." respectively are sub- stituted therefor.

In section 89, the words and figures: "section 29 of the Larceny Ordin- ance, 1865,', in the first line of sub-section (3) and the marginal reference thereto are repealed, and the words and figures: "section 26 of the Larceny Ordinance, 1935," and marginal reference "Ordinance No.

of 1935." are substituted there- for.

"

In the Third Schedule, the words and figures: "Sections 62 to 73 of the Larceny Ordinance, 1865. in the last two lines thereof, and the marginal re- ference thereto are repealed, and the words and figures: "sections 32, 33, 34, 35, 36 and 37 of the Larceny Ordinance, 1935.", and marginal reference "Ordinance No. of 1935." are substituted therefor.

1605

Objects and Reasons.

The object of this Ordinance is to bring the law of Hong Kong relating to larceny into line with the law of England as contained in the Larceny Act, 1861 (24 & 25 Vict. c. 96) and the Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), from both of which the provisions of this Ordinance have been drawn.

The arrangement of the 1916 Act has been followed, and in sections based on the earlier Act but nearly re- sembling other sections in the 1916 Act, the language of the 1916 Act has been adopted in order to secure as far as possible a uniform style throughout the Ordinance.

Sections in the English Acts (e.g. the sections of the 1916 Act relating to postal offences) which deal with matters for which adequate provision has been made in other Ordinances, have not been reproduced in this Ordinance.

A table of correspondence attached to the Bill shows the origin of its various clauses and the nature of the amendments.

May, 1935.

C. G. ALABASTER,

Attorney General.

IA

1606

TABLE OF CORRESPONDENCE

BETWEEN

THE LARCENY ORDINANCE, 1935,

AND

ORDINANCE No. 5 of 1865,

with reference to the Larceny Act, 1916 (6 and 7 G. 5, c. 50), (shown

as A in Table),

and the Larceny Act, 1861 (24 and 25 V. c. 96), (shown as B in

Table)

and also s. 13 of the Debtors Act, 1869, (32 and 33 V. c. 62),

and s. 6 of the Bankruptcy (Amendment) Act, 1926 (16 and 17 G.

5, c. 7).

The section of the previous enactment on which each section of the new Ordinance is based is shown in heavy type.

Section of new

Ordinance.

Section of Corres- Ordinance ponding

No. 5 of

Remarks.

English

1865.

provision.

1

Short title.

2

3, 4

A 1

3

2, 41

A 46

5

10

LO

5

9, 10

A 3

A 2

A 4

B 18, 19 A 5

"Ordinance" for "Act" in this and subsequent sections wherever it occurs; "the expression" omitted in s.s. (2).

"Unless the context otherwise re

quires" omitted (v. No. 31 of 1911, S. 39E (5)); Inspector General" for 'chief officer" of police; A 46 (3) and references to "mail", "mailbag" etc. in A 46 (1) omitted (v. Ordin- ances Nos. 31 of 1911, s. 16, and 7 of 1926, ss. 2 and 26 respective- ly; the substance of old s. 41 is contained in new s.s. (2).

Wherever the words "penal ser- vitude" appear in the English Act, the word "imprisonment" has been substituted therefor in this Ordinance (and see S. 61 (infra)).

Words explaining "cattle" added: [cf. R. v. Paty (1 Leach, 72; 2 East P.C. 1074). R. v. Mott (1 Leach 73 n; 2 East P.C. 1075), R. v. Whitney (1 Mood. 3), R. v. Chapple (R. and R. 77)].

English provisions combined. Fine

for first offence of stealing or receiving stolen dog raised to $250 £20. In this and sub- sequent sections, except sections. 16, 17 and 19, relating to trees, etc., the value of which is re- latively less than in England, fines and property values, trans- lated in Ordinance No. 5 of 1865 from sterling into local currency at the rate of 4/-$1, have been expressed in the new Ordinance at the rate of 2/-=$1 as more nearly applicable to modern con-

6

11

7

12, 13, 14

1607

Table of Correspondence,-Continued.

Section of Corres-

Ordinance ponding

Section

of new

Ordinance. No. 5 of

1865.

English provision.

Remarks.

8

15

B 21

9

16

B 22

10

17

B 23

11

B 24

12

17 A

B 26

13

20

A 6 B 29

14

19. 21

A

·

15

16

18

22, 23,1 24 (3)

7

B 30 B 28

B 27

ditions; with a standard max- imum fine of $250, where this figure approximates to the Eng- lish maximum.

Fine raised to $250-£20; "in Eng- land" omitted in s.s. (1) (a), as the words "common law" have the same meaning in Hong Kong as in England.

"fine" for "pecuniary penalty" in

s.s. (2).

Fine raised to $25 £2; "in Eng-

land" omitted (v. s. 8 (supra)).

Simplified to meet local conditions.

As enacted by No. 14 of 1925; amended to make dredging for oysters a summary offence. Old s. 17A (1) omitted-oysters being now things capable of being stolen under new s. 2 (supra).

English provisions combined; and see new s. 63 (post); Old s. 20 (2) omitted-v. No. 17 of 1919, First Schedule r. 3; "at law or suit in equity" omitted as surplusage.

English provisions combined; "takes from its place of deposit for the time being, or from any person having the lawful custody thereof, or unlawfully and maliciously", omitted from old s. 21, restored; old s. 21 (2) omitted (v. note to new s. 13 supra).

"steals or omitted (v. new s. 4).

A 8 See note to s. 7 (supra); "bamboo"

added after "sapling" in new s.s. (2).

17

24

B 33

s.s. (3) of old s. 24 omitted (v. new s. 16), the corresponding English provision having been repealed by the 1916 Act; See note to s. 7 (supra); in new s.s. (1), "bam- boo" added after "sapling", and the fine raised to $250, for con- formity with s. 19; with the alternative of not more than three months' imprisonment. In this and the following four sections the wording has been slightly amended for uniformity on the lines of the 1916 Act. The maximum punishment of six months in old s. 24 (2) is retain- ed in new s.s. (2) as adequate to local conditions, instead of 12 months in the 1861 Act.

1608

M

Table of Correspondence,-Continued.

Section

of new

Section of Corres-

Ordinance ponding

Ordinance. No. 5 of

1865.

English provision.

18

25

B 34

19

26

B 35

20

27

B 36

21

28

B 37

23

2 2 2

24

22

49 A

28 A

A 9

A 10

B 39

25

48, 49

A 13

26

29

A 14

27

50. 51

A 15

28

52

B 65

Remarks.

A 11

Old s. 25 as amended by No. 14 of 1925. Maximum punishment of six months retained (v. s. 17 (supra)).

Old s. 26 as amended by No. 14 of 1925; "bamboo" added after "sapling"; See note to S. 7 (supra).

Fine raised to $250-£20; and old s. 27 (2) omitted (v. new s. 16 (3)).

Fine raised to $10-twenty shillings, reference to costs omitted (v. No. 41 of 1932 ss. 63-65).

As enacted by No. 15 of 1928.

English provisions combined, and adapted to local requirements.

Value of property raised to $50-£5.

For robbery see new s. 41 (1) (b).

"ship or", "or", "or is" omitted for uniformity (cf. new s. 27); fine raised to $250= £20.

'or has", "or is", "ship or" omitted for uniformity; "revenue officer' for "officer of the customs"; fine raised to $250-£20.

"with or without hard labour" omitted; value of chattel, etc. raised to $50= £5.

'revenue officer" defined (in new

s.s. (3)).

A 17 (3) omitted as inapplicable to this Colony; A 17 (2) altered to meet local conditions; "a public servant" for "employed in the public services, etc.," in new s.s. (2) (cf. No. 31 of 1911, s. 39B (10)).

A 20 (1) (iii) omitted as inapplicable

to this Colony.

29

53

B 66

30

61

A 16

31

54, 55, 57, 58

A 17

2 23 24 25

32

33

62, 64, 68

67

A 20

A 21

34

65 66

A 22

35

69

B 82

36

70

B 83

37

71

B 84

!

1609

Table of Correspondence,-Continued.

Section

of new

Section of Corres-

Ordinance ponding

Ordinance. No. 5 of

1865.

English provision.

38

72 (1)

B 85

39

73

B 86

40

30, 31

A 23

41

38

A 24

42

39, 40

A 25

43

44

A 26

44

45

A 27

Remarks.

Old s.s. (2) and (3) included in new

s. 63 (2) and (3) (infra).

"at law or suit in equity" omitted

as surplusage.

"Naval, Military or Air Force Depart- ment" for "any other public authority".

"Naval Military or Air Force Depart

ment" for

for "any other public authority".

45

46, 47

A 28

46

32, 34, 35,

A 29

36, 37

47

33

A 30

48

A 31

"with

49

75, 76, 77

A 32

50

78A

or without hard labour" omitted (v. No. 30 of 1911, s. 3).

32 & 33 V. As enacted by No. 8 of 1931; form

slightly altered for uniformity.

c. 62,

s. 13;

16 & 17

Geo. 5,

c. 7, s. 6.

51

79, 80

A 33

A 33 (2) omitted (v. No. 7 of 1926, s. 26); "Colony" for "United Kingdom" in s.s. (3).

"punishment" for "penalty".

52

85

B 97

肉品

53

89

A 34

54

90

B 102

55

86, 87

A 35 B 99

56

91, 92

A 41 B 103, 104

Amended to make advertising a reward for the unconditional return of stolen or lost property a summary offence punishable by $100 fine.

"either on indictment or on summary conviction" inserted for clear- ness, as the 1916 Act refers to indictable offences only.

"punishable either on indictment or on summary conviction" added in new s.s. (1) (cf. old s. 91 (1) and s. 103 of the 1861 Act); peace officer" omitted in new s.s. (3).

or

1610

Table of Correspondence,-Continued.

Section

of new

Section of Corres- Ordinance ponding

Ordinance. No. 5 of

1865.

English provision.

57

58

38

93

B 106

59

95

B 108

Remarks.

A 42

"punishable either on indictment or on summary conviction" added in new s.s. (1); 'or peace officer' omitted in s.s. (2); "Inspector General" for "chief officer" of police; "magistrate" for "court of summary jurisdiction".

"fine" for "penalty".

"if he thinks fit" and "shall", omitted from old s. 95, restored for clearness (v. B 108).

"whenever" for "in case"; "Crown

or from the" omitted.

A 37 (4) omitted. Penal servitude was abolished in this Colony by No. 3 (formerly No. 10) of 1887; A 37 (6) omitted (v. No. 3 of 1903, ss. 4, 5 and s. 4 supra); "or magistrate" added in new s.s. 4 (a) (b) and (c).

60

96

B 109

61

6, 7, 8,

101

A 37

62

56, 82

A 40

63

72 (2)

A 43

and (3)

B 85

64

98

B 116

65

60, 81, 83

A 44

66

67

289

88

A 45

68

Provisions combined; wording slight-

ly amended for uniformity.

"subsequent offence" for "second of such offences"; "prosecutor" for "Attorney General".

Repeals. As to effect of repeals see Ordinance No. 31 of 1911, S. 12.

Amendments to other Ordinances consequent on the passing of this Ordinance.

1611

[No. 16-23.5.35.-3.]

A BILL

INTITULED

An Ordinance to amend the law relating to the falsification of documents and to amend the Forgery Ordinance, 1922.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Falsification of Short title. Documents Ordinance, 1935.

of Ordinance

c. 55, s. 17.

2. Sections 76 to 82, both inclusive, of the Bills of Extension Exchange Ordinance, 1885, shall extend to any document No. 3 of issued by a customer of any banker, and intended to enable 1885. any person or body corporate to obtain payment from such 46 & 47 Vict. banker of the sum mentioned in such document, and shall so extend in like manner as if the said document were a cheque Provided that nothing in this section shall be

: deemed to render any such document a negotiable instru-

ment.

For the purposes of this section the Colonial Treasurer shall be deemed to be a banker, and the public officers drawing on him shall be deemed customers.

cf. No. 11 of 1922, s. 3

(3) (c).

Falsification of accounts

3. Every person who, being a clerk or servant or employed or acting in the capacity of a clerk or servant, with intent with intent to defraud--

to defraud.

38 & 39 Vict.

(a) destroys, alters, mutilates or falsifies any book, c. 24, s. 1. paper, writing, valuable security or account belonging to or in the possession or power of his master or employer or received by him for or in the name or on behalf of his master or employer; or

(b) makes or concurs in making any false entry, or omits, alters or concurs in omitting or altering any material particular in any such book or any document or account,

shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding seven years.

In this section, "valuable security" has the same mean- Ordinance ing as in the Larceny Ordinance, 1935.

No. of

1935.

contract for

shares.

c. 29, s. 1.

4. Every person, whether principal, broker or agent, Making false who wilfully inserts, in any contract, agreement or token of entry in sale and purchase made or entered into for the sale or sale of transfer, or purporting to be for the sale or transfer, of any share, stock or other interest in the capital 30 & 31 Vict. stock of any bank, body corporate, company or society, established by charter or by, under or by virtue of any Act or Ordinance, issuing shares or stock transferable by any deed or written instrument, any false entry of the numbers by which the same are distinguished on the registers or books of such company, or any names other than those of the persons in whose name such shares, stock or interest stand as registered proprietors thereof in the books of such

Making false entry in

bank book, etc.

24 & 25 Vict. c. 98, s. 5.

Bank clerk making out

false dividend

warrant.

1612

company, shall be guilty of a misdemeanor and on conviction thereof liable to imprisonment for any term not exceeding three years and to a fine not exceeding one thousand dollars.

5. Every person who, with intent to defraud--

(1) makes any false entry or alters any word or figure in any of the books of account kept at any bank in this Colony or by any body corporate, company or society, established by charter or by, under, or by virtue of any Act or Ordinance, in which books the accounts of the owners of any money deposited in such bank or of any stock of any such body corporate are entered and kept; or

(2) in any manner falsifies any of the accounts of any such owners in any of the said books; or

(3) makes any transfer of any share or interest in any such deposit or stock in the name of any person not being the true and lawful owner of such share or interest,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

6. Every person who, being a clerk or servant of, or other person employed or entrusted by, any bank in this Colony or any such body corporate, company or society as is mentioned in section 5, with intent to defraud makes out 24 & 25 Vict. or delivers any dividend warrant, or warrant for payment of any interest or money for a greater or less amount than the amount to which the person on whose behalf such warrant is made out is entitled, shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years.

c. 98, s. 6.

Uttering, delivering or

acting under

false copy

7. Every person who-

(1) being the clerk of any court or other officer having or certificate the custody of the records of any court, or being the deputy

of any such clerk or officer, utters

 clerk or officer, utters any false copy or certificate of any record knowing the same to be false; or

of record or process of

court.

24 & 25 Vict.

c. 98, s. 28.

Destruction

of register of births, etc.

24 & 25 Vict. c. 98, s. 36.

(2) delivers or causes to be delivered to any person any paper falsely purporting to be any process of court or a copy thereof, or to be any judgment, decree or order of any court, or a copy thereof, knowing the same to be false; or

(3) acts or professes to act under any such false process, knowing the same to be false,

shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding seven years.

8. Every person who-

(1) unlawfully destroys, defaces or injures or causes or permits to be destroyed, defaced or injured, any register of births, baptismus, marriages, deaths or burials which is by law authorised or required to be kept in this Colony, or any part of such register, or any certified copy of any such register, or any part thereof, or

(2) knowingly and unlawfully inserts or causes or permits to be inserted in any such register, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death or burial; or

1613

(3) knowingly and unlawfully gives any false certificate relating to any birth, baptism, marriage, death or burial; or

(4) certifies any writing to be a copy of or extract from any such register, knowing such writing, or the part of such register whereof such copy or extract is so given, to be false in any material particular; or

(5) offers, utters, disposes of or puts off any such register, entry, certified copy or certificate, knowing the same to be false; or

(6) offers, utters, disposes of or puts off any copy of any entry in any such register, knowing such entry to be false,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

9. Every person who-

(1) knowingly inserts, or causes or permits to be inserted in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage or burial; or

(2) signs or verifies any copy of any register so directed or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false; or

(3) unlawfully destroys, defaces, injures, or for any fraudulent purpose takes from its place of deposit or conceals any such copy of any register,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

Making false entry in

copy of sent to registrar.

register

24 & 25 Vict. c. 98, s. 37.

particular

10. Where an intent to defraud is one of the constituent Intent to elements of an offence punishable under this Ordinance, it defraud shall not be necessary to prove an intent to defraud any person need particular person, but it shall be sufficient to prove that the not be accused did the act charged with intent to defraud.

proved.

24 & 25 Vict. c. 98, s. 44.

and abettors.

cf. 24 & 25

11. Every person who knowingly and wilfully aids, Accessories abets, counsels, procures or commands the commission of an offence punishable under this Ordinance shall be liable to Vict. c. 98, be dealt with, indicted, tried and punished as a principal s. 49. offender.

12.-(1) Whenever any person is convicted of a mis- Fine and demeanor under this Ordinance, the court or magistrate, in sureties for keeping the addition to or in lieu of any of the punishments authorised peace. by this Ordinance, may fine the offender, and may require 24 & 25 Vict. him to enter into his own recognizances, and to find sureties, c. 98, s. 51. both or either, for keeping the peace and being of good behaviour.

(2) In all cases of felonies mentioned in this Ordin- ance, the court or magistrate may require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments authorised by this Ordinance:

New

1614

Provided that no person shall be imprisoned under this section for not finding sureties for any term exceeding one year.

13. The Forgery Ordinance, 1922, is amended by the to Ordinance addition of the following section at the end thereof :-

section 18

No. 11 of

1922.

Punishment

of forgeries not other-

18. Every felony punishable in England under section 48 of the Act 24 and 25 Victoria, chapter 98, shall, if wise punish- committed in this Colony, and not otherwise punishable under this or any other Ordinance for the time being in force, be punishable with imprisonment for life.

able under

this Ordin-

ance.

Amendment

of Form No. 21 in

Appendix to First Schedule

14. Form No. 21 in the Appendix to the First Schedule to the Indictments Ordinance, 1919, is amended by the repeal of the words and figures "section 74 of the Larceny Ordinance, 1865" and by the substitution therefor of the to Ordinance words and figures "section 3 of the Falsification of

Documents Ordinance, 1935".

No. 17 of

1919.

Repeal of Ordinance No. 4 of 1865.

15. The Corrupt Practices (Documentary) Ordinance, 1865, is repealed.

Objects and Reasons.

1. This Ordinance collects in one enactment the local provisions dealing with the falsification of documents which are not included in the Forgery Ordinance, 1922, or in particular Ordinances like the Post Office Ordinance, No. 7 of 1926, (s. 32 (1) ()-imitation stamps), or the Medical Registration Ordinance, No. 1 of 1884, (s. 16-false particulars for registration), and attempts, by the addition of sections 2 and 4, to bring the law of the Colony on this subject as nearly as possible into line with the law of England.

2. It reproduces, with slight amendments, sections 7, 8, 30, 37, 38, 44 and 50 of the Corrupt Practices (Documentary) Ordinance, No. 4 of 1865, which it repeals, and section 74 of the Larceny Ordinance, No 5 of 1865, repealed by the Larceny Ordinance, 1935.

3. New section 2 of this Ordinance is based on section 17 of the Revenue Act, 1883, (46 & 47 Vict. c. 55), and new section 4 on the latter part of section 1 of the Banking Companies' (Shares) Act, 1867 (30 & 31 Vict. c. 29).

4. Section 48 of Ordinance No. 4 of 1865 has not been reproduced in this Ordinance, and although the instances in which this section might be invoked are rare, its provisions have been given effect to by a new section 18, added by this Ordinance to the Forgery Ordinance, 1922, to which it is considered those provisions more properly belong.

5. The attached Table of Correspondence shows in detail the variations between the provisions of this Ordinance and those of the English Acts on which it is based.

C. G. ALABASTER,

Attorney General.

May, 1935.

1615

TABLE OF CORRESPONDENCE

BETWEEN

THE FALSIFICATION OF DOCUMENTS ORDINANCE, 1935,

AND

CERTAIN SECTIONS OF:.

The Corrupt Practices (Documentary) Ordinance, 1865 (No. 4 of 1865), The Larceny Ordinance, 1865 (No. 5 of 1865),

The Revenue Act, 1883 (46 and 47 V. c. 55),

The Falsification of Accounts Act, 1875 (38 and 39 V. c. 24), The Banking Companies' (Shares) Act, 1867 (30 and 31 V. c. 29),

and

The Forgery Act, 1861 (24 and 25 V. c. 98),

showing the variations from the English provisions.

Section of

Corres-

Section

Ordinance

ponding

of new Ordinance.

No. 4 of

English

1865.

provision.

1

2

46 & 47 V. c. 55, s. 17.

3

No. 5 of

38 & 39

1865,

V. c. 24,

s. 74.

s. 1.

Remarks.

Short title.

"Bills of Exchange Ordinance,

1885" for "Bills of Ex-. change Act, 1882". "Sec- tion" for "Act" (in the proviso). "Colonial Trea- surer' for "H.M. Pay- master General".

"Every person who" for "if in this and sub- any, etc. sequent sections, wherever words of similar import are used.

"officer" omitted for conformity with Larceny Ordinance, 1935 (cf. 6 & 7 G. 5, c. 50, s.17).

"shall wilfully and" omitted.

"in the name of" inserted before "on behalf of" (in para (a): cf. 6 & 7 G. 5, c. 50, s. 17).

wording of para. (a) otherwise amended on the lines of 6 & 7 G. 5, c. 50, s. 17.

"in"

and "from or" omitted (in para (b)).

"then in eve case the person so offending" omitted.

'on conviction thereof" added here and wherever the same wording occurs in punishment clause.

"imprisonment"

for "penal

servitude" here and wher-

ever occurring.

Definition of "valuable secur-

ity" added (v. 38 & 39 V. c. 24, s. 3).

1616

Table of Correspondence,-Continued.

Section of

Corres-

Section

Ordinance.

of new Ordinance

ponding

No. 4 of

English

1865.

provision.

Remarks.

4

30 & 31 V. c. 29, s. 1.

5

7

24 & 25 V. c. 98, S. 5.

6

24 & 25

V. c. 98, s. 6.

7

30

24 & 25

V. c. 98,

s. 28.

37

24 & 25

V. c. 98, s. 36.

"in the capital stock....

Ordinance" for "in

joint stock

any letters

patent" (cf. s. 5 infra).

"names" for name or names

and "persons" for "person or persons" (v. No. 31 of 1911, s. 36).

""

"liable to imprisonment, etc.'

for "punished accordingly" (v. No. 1 of 1898, s. 5).

"Every person who'-v. note

to s. 3 supra.

(1) "wilfully" omitted here and wherever used with "know- ingly" or "with intent", to avoid duplication. "any bank in this Colony.... Ordinance" for "the Bank of England or the Bank of Ireland".

"money deposited in

such

bank, etc." for "annuities, or other public funds. Bank of Ireland".

"with intent to defraud" trans- ferred to governing clause.

(3) "of or" omitted after "in-

terest".

"amount to which

entitled" for "entitled to".

"with intent to defraud" trans- ferred to governing clause.

(2) "of law or equity" omitted

after "court".

"is" for "now is or hereafter

shall be".

"this Colony" for "England or

Ireland".

"or shall forge or counterfeit the seal of or belonging to any register office or burial board" omitted-v. No. 11 of 1922, s. 7 (2) (a).

"forged, or altered" omitted. v.

preceding note.

9

38

24 & 25

V. c. 29,

s. 37.

1617

Table of Correspondence,-Continued.

Section of

Corres-

Section

Ordinance

ponding

of new Ordinance.

No. 4 of

English

1865.

provision.

Remarks.

10

44

24 & 25

follows No. 4 of 1865, s. 44.

V. c. 98,

S. 44.

11

49

24 & 25

follows 6 & 7 G. 5, c. 50, s. 35.

V. c. 98,

s. 49.

12

50

24 & 25

V. c. 98,

s. 51.

13

14

15

"Ordinance" for "Act".

"or magistrate" added after

"court".

"may" for "it shall be lawful

for".

"if it shall think fit" omitted.

"section" for "clause" (pro-

viso).

Substitutes, in No. 11 of 1922, a short section giving effect in this Colony to the pro- visions, where applicable, of s. 48 of 24 & 25 V. c. 98, in place of old s. 48 of No. 4 of 1865, where those provisions were enacted in detail.

Amendment of Form No. 21 in Appendix to First Schedule to Ordinance No. 17 of 1919.

Repeal of Ordinance No. 4 of

1865.

1618

[No. 15-15.5.35.-2.]

Short title.

Unlawful

assumption of character

of revenue officer.

53 & 54 Vict. c. 21, s. 12.

Ordinance No. 2 of 1917.

Personation

to obtain

property.

37 & 38

A BILL

INTITULED

An Ordinance to amend the law relating to false personation.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the False Personation Ordinance, 1935.

2. Every person who, not being a revenue officer as defined in the Revenue Officers Power of Arrest Ordinance, 1917, takes or assumes the name, designation or character of such officer for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any act which he would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, shall in addition to any other punishment to which he may be liable for the offence, be liable on summary conviction to imprisonment for any term not exceeding three

months.

3.-(1) Every person who falsely and deceitfully per- sonates any person, or the heir, executor or administrator, wife, widow, next of kin or relation of any person, with intent Vict. c. 36, fraudulently to obtain any land, estate, chattel, money, valuable security or property, shall be guilty of felony and on conviction thereof liable to imprisonment for life.

ss. 1,

2.

Ordinance No.

1935.

of

Personating owner of stock, to

obtain share

or money.

24 & 25

Vict. c. 98, s. 3.

(2) In this section, "valuable security" has the same meaning as in the Larceny Ordinance, 1935.

(3) Nothing in this section shall prevent any person from being proceeded against and punished under any other enactment or at common law in respect of any offence punishable as well under this section as under any other enactment or at common law.

4. Every person who falsely and deceitfully personates-

(1) any owner of any share or interest in any stock, annuity or other public fund transferable at any bank or public office in this Colony; or

(2) any owner of any share or interest in the capital stock of any bank, body corporate, company or society established by charter or by, under or by virtue of any Act or Ordinance; or

}

1619

(3) any owner of any dividend or money payable in respect of any such share or interest; or

(4) any owner of any share warrant, stock certificate or coupon issued in respect of any such share or interest; or

(5) any owner of any money deposited in any bank in this Colony,

and thereby-

(a) obtains or endeavours to obtain any such share, f. 19 & 20 interest, share warrant, stock certificate or coupon; or

(b) transfers or endeavours to transfer any share or interest belonging to any such owner; or

(c) receives or endeavours to receive any money due to any such owner, as if the offender were the true and lawful owner,

shall be guilty of felony and on conviction thereof liable to imprisonment for life.

Geo. 5, c. 23,

s. 71,

ging

name of

5. Every person who, without lawful authority or Acknowled- excuse, in the name of any other person, acknowledges any recognizance, recognizance, bail, judgment, deed or other instrument, etc., in before any court, judge or other person lawfully authorised another. in that behalf, shall be guilty of felony and on conviction 24 & 25 thereof liable to imprisonment for any term not exceeding Vict. c. 98, seven years.

s. 34.

Intent to

defraud particular

6. Where an intent to defraud is one of the constituent elements of an offence punishable under this Ordinance, it shall not be necessary to prove an intent to defraud any person need particular person, but it shall be sufficient to prove that accused did the act charged with intent to defraud.

the

7. Every person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence punishable under this Ordinance shall be liable to be dealt with, indicted, tried and punished as a principal offender.

not be proved. 24 & 25 Vict. c. 98,

S. 44.

Aiders and

abettors. cf. 24 & 25

Vict. c. 98, s. 49.

keeping the

8.-(1) Whenever any person is convicted of a mis- Fines and demeanor under this Ordinance, the court or magistrate, in sureties for addition to or in lieu of any of the punishments authorised by peace. this Ordinance, may fine the offender, and may require him 24 & 25 to enter into his own recognizances, and to find sureties, s. 51. both or either, for keeping the peace and being of good

behaviour.

(2) In all cases of felonies mentioned in this Ordinance, the court or magistrate may require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments authorised by this Ordinance :

Provided that no person shall be imprisoned under this section for not finding sureties for any term exceeding one

year.

Vict. c. 98,

1620

Objects and Reasons

1. This Ordinance collects and re-enacts, with slight amendments, those provisions of the Larceny Ordinance, No. 5 of 1865 (section 78) and the Corrupt Practices (Documentary) Ordinance, No. 4 of 1865 (sections 5 and 35), which deal with false personation and are repealed and not reproduced by the Larceny Ordinance, 1935, and the Falsification of Documents Ordinance, 1935.

2. Section 2, and also sections 6, 7 and 8, which correspond to sections 10, 11 and 12 of the Falsification of Documents Ordinance, 1935, have been added to this Ordin- ance in order to assimilate the law of Hong Kong on this subject as nearly as possible to the law of England.

3. The attached Table of Correspondence gives in detail the departures from the English provisions on which this Ordinance is based.

May, 1935.

C. G. ALABASTER,

Attorney General.

1621

TABLE OF CORRESPONDENCE

BETWEEN

THE FALSE PERSONATION ORDINANCE, 1935,

AND

CERTAIN SECTIONS OF:-

The Corrupt Practices (Documentary) Ordinance, 1865 (No. 4 of 1865),

The Larceny Ordinance, 1865 (No. 5 of 1865),

The Inland Revenue Regulation Act, 1890 (53 & 54 V. c. 21),

The False Personation Act, 1874 (37 & 38 V. c. 36), and

The Forgery Act, 1861 (24 & 25 V. c. 98).

showing the variations from the English provisions.

Section of new Ordinance.

Section of

Corres-

Ordinance

ponding

No. 4 of

English

1865.

provision.

Remarks.

1

2

53 & 54 V. c. 21, s. 12.

3

+

No. 5 of 1865, s. 78.

5

37 & 38 V. c. 36,

ss. 1, 2.

24 & 25 V.

c. 98, s. 3.

Short title.

"Every person who" for "if

a

any person shall" here and wherever the expression

occurs.

revenue officer

for "an officer".

.1917"

"be guilty of a misdemeanour"

omitted.

"with or without hard labour"

omitted.

(1) "imprisonment" for "penal

(2)

servitude"

here

and

wherever the expression

occurs.

definition of "valuable security" added, following 6 & 7 G. 5, c. 50, s. 46 (1).

"

(3) "section" and 'enactment' respectively for "Act".

"any offence" for an offence

(if any)".

(1) "of or" omitted before "in

any stock".

"which is now or hereafter may

be" omitted.

"bank.........in this Colony" for

"Bank of England Ireland".

(2) "bank" inserted before

"body corporate".

"Act or Ordinance" for "Act

of Parliament".

(3)

'as aforesaid" omitted.

1622

Table of Correspondence,-Continued.

THE FALSE PERSONATION ORDINANCE, 1935,-Continued

Section

Section of

Corres-

of new Ordinance.

Ordinance

ponding

No. 4 of 1865.

English

provision.

Remarks.

(4) "any owner of any share

warrant

interest" inserted (cf. Ordinance No. 39 of 1932, s. 73, and 19 & 20 G. 5, c. 23, s. 71).

(5) retained from

Ordinance

No. 4 of 1865, s. 5 (4).

or coupon"

added v. note to (4) supra.

(a) "obtains

LO

5

35

24 & 25 V.

c. 98, s. 34.

(the proof whereof shall lie on the party accused)" omitted v. No. 31 of 1911, s. 34.

"cognovit actionem" omitted.

6

44

24 & 25 V.

follows No. 4 of 1865,

S. 44.

c. 98, s. 44

7

49

24 & 25 V. ¦ follows 6 & 7 G. 5, c. 50, s. 35. c. 98, s. 49.

24 & 25 V. "Ordinance" for "Act".

8

50

c. 98, s. 51.

"or magistrate" added after

"court".

"may" for "it shall be lawful

for".

"if it shall think fit" omitted.

"section"

viso).

for "clause" (pro-

1623

[No. 21/34-3.8.35.-8.]

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

dangerous drugs.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Dangerous Drugs Short title. Ordinance, 1935.

2. (1) In this Ordinance,

(a) "Dangerous drug" means any drug to which this Ordinance shall for the time being apply.

(b) "Import authorization" means a licence, issued by a competent authority, authorizing the importation of a specified quantity of a dangerous drug and containing ful! particulars of the drug, together with the name and address of the person authorized to import the drug, the name and address of the person from whom the drug is to be obtained, and specifying the period within which the importation must be effected,

Interpreta-

tion.

(c) "Import certificate" means a certificate, substantially in the form A set out in the Schedule hereto, issued by a Schedule, competent authority in the country into which it is intended to import dangerous drugs.

(d) "Export authorization" means an authorization issued by a competent authority in a country from which a dangerous drug is exported. containing full particulars of such drug, and the quantity authorized to be exported, together with the names and addresses of the exporter and the person to whom it is to be sent, and stating the country to which, and the period within which, it is to be exported.

(e) "Diversion certificate" means a certificate issued by the competent authority of a country through which a dangerous drug passes in transit, authorizing the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorization and containing all the particulars required to be included in an export authorization together with the name of the country from which the consignment was originally exported.

(f) "Conveyance" includes ship, motor vehicle, aircraft. train, and any other means of transport by which goods may be brought into or taken from the Colony.

(g) "In transit" means taken or sent from any country and brought into the Colony by land, air or water (whether or not landed or transhipped in the Colony) for the sole purpose of being carried to another country either by the same or another conveyance.

form A.

15 & 16 Geo. 5, c. 74,

s. 1.

15 & 16 Geo, 5, c. 74, s. 1.

15 & 16 Geo. 5, c. 74, s. 4.

13 & 14 Geo.

5, c. 5, s. 6; 22 Geo. 5, c. 15, s. 3.

Drugs to

which this Ordinance applies.

10 & 11 Geo.

5, c. 46, s. 8; 22 Geo. 5,

c. 15, s. 1.

1624

(h) "Export", with its grammatical variations and cognate expressions in relation to the Colony, means to take or cause to be taken out of the Colony by land, air or water, otherwise than in transit.

(i) "Import", with its grammatical variations and cognate expressions in relation to the Colony, means to bring or cause to be brought into the Colony by land, air or water, otherwise than in transit.

() "Convention" includes any one or more of the Conventions specified in sub-section (2) of this section.

(k) "Person", except so far as relates to the imposition. of the penalty of imprisonment, includes a body corporate and a firm.

(1) "Ship" includes every description of vessel used in navigation or for the carriage or storage of goods.

(m) "Superintendent" means the Superintendent of Imports and Exports and includes any Assistant Super- intendent.

(n) "Coca leaves" means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation.

(o) "Indian hemp" means the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa from which the resin has not been extracted, by whatever name such tops are called.

(p) "Medicinal opium" means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances.

(2) "Corresponding law" in this Ordinance means any law stated in a certificate purporting to be issued by or on behalf of the Government of any place outside the Colony to be a law providing for the control and regulation in that place of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the International Opium Convention signed at the Hague on the 23rd day of January, 1912, or of the International Opium Convention signed at Geneva on the 19th day of February, 1925, or of the Convention signed at Geneva on behalf of His Majesty on the 13th day of July, 1931, and any statement in any such certificate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that law, shall be conclusive Any such certificate shall be admitted in evidence upon production by or on behalf of the Superintendent in any proceeding.

3. (1) The drugs to which this Ordinance applies are:- (a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (com- monly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

1625

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent of cocaine or of ecgonine;

(f) any preparation,

preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihy- dromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known genomorphine), the morphine-N-oxide derivatives and any other pentavalent nitrogen morphine derivatives;

as

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmor- phine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in paragraph (g) or in paragraph (h) of this sub-section.

() coca leaves.

(2) For the purposes of sub-section (1) the expression "ecgonine" means laevo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially, and the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine.

(3) For the purposes of this section, percentages in the case of liquid preparations shall, unless other provision in that behalf is made by regulations under this Ordinance, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion of any greater or less percentage.

(4) If it appears to the Governor in Council that any other derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely to be, productive, if improperly used, or is capable of being converted into a substance which is, or is likely to be, productive, if improperly used, of ill effects substantially of the same character or nature, as or analogous to those produced by morphine or cocaine, he may by order declare that this Ordinance shall apply to that other derivative or alkaloid or other drug in the same manner as it applies to the drugs mentioned in sub- section (1).

of dangerous

drugs.

form B.

4. (1) Upon the production of an import certificate The export duly issued by the competent authority in any country, it shall be lawful for the Superintendent to issue an export authorization, in the form B set out in the Schedule hereto, in Schedule. respect of any drug referred to in the import certificate, to any person who is named as the exporter in such certificate, and is, under the provisions of this Ordinance, otherwise lawfully entitled to export such drug from the Colony. The export authorization shall be prepared in triplicate; and two copies

The import

drugs.

1626

shall be issued to the exporter, who shall send one copy with the drug to which it refers when such drug is exported. The Superintendent shall send the third copy direct to the appro- priate authority in the country of ultimate destination. Where the intended exportation is to a country which is not a party to the Convention it shall not be necessary to produce an import certificate as aforesaid.

(2) No dangerous drug shall be exported from the Colony unless the consignor is in possession of a valid and subsisting export authorization relating to such drug granted under this Ordinance.

(3) At the time of exportation of any dangerous drug the exporter shall produce to the Superintendent the dangerous drug, the export authorization relating thereto, and such other evidence as the Superintendent may require to satisfy him that the drug is being lawfully exported to the place and person named in the authorization which refers to it.

(4) No person shall export, cause to be exported, or take any steps preparatory to exporting, any dangerous drug from the Colony except in pursuance of and in accordance with the provisions of this Ordinance.

5.-(1) An import authorization, in the form C set out of dangerous in the Schedule hereto, permitting the importation into the Colony of any dangerous drug specified therein, may be granted by the Superintendent to any person who may lawfully import such drug.

Schedule, form C.

Schedule, form A.

Dangerous drugs in transit.

(2) Where an import authorization is issued in pursuance of sub-section (1) of this section, the Superintendent shall also issue in relation to the dangerous drug intended to be imported an import certificate, substantially in the form A set out in the Schedule bereto, which shall be forwarded by the intending importer to the person from whom the drug is to be obtained. When the importer, to whom an import authorization is issued under this section, intends to import the drug or drugs, to which such authorization relates, in more than one consignment, a separate import certificate shall be issued to him in respect of each such consignment.

(3) No dangerous drug shall be imported into the Colony unless the person to whom the drug is consigned is in possession of a valid and subsisting authorization granted in pursuance of this section.

(4) Every dangerous drug imported into the Colony from a country which is a party to the Convention shall be accompanied by a valid and subsisting export authorization or diversion certificate.

(5) No person shall import, cause to be imported, or take any steps preparatory to importing, any dangerous drug into the Colony, except in pursuance of and in accordance with the provisions of this Ordinance.

6. (1) No person shall bring any dangerous drug to the Colony in transit unless--

(a) the drug is in course of transit from a country from. which it may lawfully be exported, to another country into which such drug may lawfully be imported; and,

7

1627

(b) except where the drug comes from a country not a party to the Convention, it is accompanied by a valid and subsisting export authorization or diversion certificate, as the case may be.

(2) Where any dangerous drug in transit is accompanied by an export authorization or diversion certificate and the Superintendent has reasonable grounds for believing that such authorization or certificate is false, or that it has been obtained by fraud or wilful misrepresentation of a material particular, it shall be lawful for the Superintendent to seize and detain the drug to which such authorization or certificate relates. Upon being satisfied that such authorization or certificate is valid or has not been obtained by fraud or misrepresentation as aforesaid the Superintendent shall release the drug.

(3) Where the dangerous drug in transit is not accom- panied by an export authorization or diversion certificate by reason of the fact that the drug comes from a country not a party to the Convention and the Superintendent has reasonable grounds for believing that such drug is being conveyed in an unlawful manner or for an unlawful purpose or is in course of transit for the purpose of being imported into another country in contravention of the laws of that country, it shall be lawful for the Superintendent to seize and detain such drug.

(4) Where the dangerous drug brought into the Colony in transit is landed, or transhipped in the Colony, it shall remain under the control of the Superintendent and shall be moved only under and in accordance with a removal licence granted in pursuance of section 7 hereof.

(5) Nothing in this section contained shall be deemed to apply to any dangerous drug in transit by post or in transit by air if the aircraft passes over the Colony without landing, or to such quantities of dangerous drugs as may, bonâ fide, reasonably form part of the medical stores of any ship or aircraft.

licences for

dangerous

transit.

7.-(1) No person shall remove any dangerous drug from Removal the conveyance by which it is brought into the Colony in transit, or in any way move any such drug in the Colony at drugs in any time after removal from such conveyance, except under and in accordance with a licence (in the form D set out in the Schedule, Schedule hereto and in this Ordinance referred to as a "removal licence") issued by the Superintendent.

(2) No removal licence for the transfer of any such drug to any conveyance for removal out of the Colony shall be issued unless and until a valid and subsisting export authorization or diversion certificate relating to it is produced to the Superintendent; save that where the drug has come from a country not a party to the Convention this sub-section shall not apply.

(3) The provisions of this section shall not apply to dangerous drugs in transit by post.

form D.

Drugs in

transit not to be tampered with.

The diver- sion of dangerous drugs in transit.

Schedule, form E.

Restrictions

on dealings

drugs.

1628

cause anv

8. It shall be unlawful for any person to dangerous drug in transit to be subjected to any process which would alter its nature, or wilfully to open or break any package containing a dangerous drug in transit, except upon the instructions of the Superintendent and in such manner as he may direct.

9. (1) No person shall, except under the authority of a diversion certificate, in the form E set out in the Schedule hereto, cause or procure any dangerous drug brought into the Colony in transit to be diverted to any destination other than that to which it was originally consigned. In the case of any drug in transit accompanied by an export authorization or a diversion certificate issued by a competent authority of some other country, the country to which the drug was originally consigned shall be deemed to be the country stated in such export authorization or diversion certificate to be the country of destination.

(2) The Superintendent may issue a diversion certificate in respect of any dangerous drug in transit upon production to him of a valid and subsisting import certificate, issued by a competent authority in the country to which it is proposed to divert the drug, or if that country is not a party to the Convention upon such evidence as may satisfy him that the drug is to be sent in a lawful manner and for a proper purpose.

(3) A diversion certificate shall be issued in duplicate; one copy thereof shall accompany the drug when it is removed from the Colony. Another copy shall be despatched by the Superintendent direct to the proper authority in the country to which the consignment has been diverted.

(4) Upon the issue of a diversion certificate, the export authorization or diversion certificate (if any) accompanying the drug on its arrival in the Colony shall be detained by the Superintendent and returned to the authority issuing such authorization or

 or diversion certificate together with the notification of the name of the country to which the drug has been diverted.

10. Except under and in accordance with this Ordinance in dangerous or regulations made thereunder or with a licence granted by the Superintendent no person shall, whether on his own behalf or on behalf of any other person, whether such other person be in the Colony or not, buy, sell, supply, procure, or offer to supply or procure, from, to or for any other person, whether such other person be in the Colony or not, or in any way deal in or with, or offer to deal in, or pretend to deal in, or have in his possession, or import or export, or do any act preparatory to or for the purpose of importing or exporting, any dangerous drug, whether such drug be in the Colony or elsewhere, and whether it be ascertained or appropriated or in existence or not, and whether it be intended that it should be imported into the Colony or not.

Regulations for the

control of

11.-(1) For the purpose of preventing the improper use of dangerous drugs, it shall be lawful for the Governor manufacture in Council to make regulations for controlling the importation. exportation, manufacture, sale, possession, movement and distribution of those drugs, and in particular, but without 10 & 11 Geo. prejudice to the generality of the foregoing power, for-

and sale of

dangerous

drugs.

5, c. 46,

ss. 7, 11.

(a) prohibiting the manufacture of any dangerous drug except on premises licensed for the purpose and subject to any conditions specified in the licence;

1629

(b) prohibiting the manufacture, sale, possession. move- ment or distribution of any such drug except by persons licensed or otherwise authorized under the regulations and subject to any conditions specified in the licence or authority;

(c) regulating the issue by medical practitioners of prescriptions containing any such drug and the dispensing of any such prescriptions; and

(d) requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed.

1916.

(2) The regulations under this section shall provide for Ordinance authorising any person who lawfully keeps open shop for the No. 9 of retailing of poisons in accordance with the provisions of the Pharmacy and Poisons Ordinance, 1916,-

(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any dangerous drug; or

(b) to carry on at the shop the business of retailing, dispensing, or compounding any such drug;

subject to the power of the Superintendent to withdraw the authorization in the case of a person who has been convicted of an offence against this Ordinance, and who cannot, in the opinion of the Superintendent, properly be allowed to carry on the business of manufacturing or selling or distributing, as the case may be, any such drug.

(3) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution is passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded, or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

(4) Nothing in any regulation made under this section shall be taken to authorise the sale, or the keeping of an open shop for the retailing, dispensing, or compounding of, poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Ordinance, 1916, or to be in derogation of the provisions of the Pharmacy and Poisons Ordinance, 1916, for prohibiting, restricting, or regulating the sale of poisons.

at the

12. (1) The granting or refusal of any licence, Licences, certificate or authorization under this Ordinance, and the etc., to be revocation of any such licence, certificate or authorization, discretion shall lie in the absolute discretion of the Superintendent, who of Super- may impose any conditions that he may think fit upon the 10 & 11 Geo. granting of any such licence, certificate or authorization.

(2) It shall be lawful for the Superintendent to charge for any such licence, certificate or authorization such fee as the Governor in Council may by regulation prescribe.

intendent.

5, c. 46, s. 12.

Arrest,

search,

inspection, seizure,

removal, and detention.

10 & 11 Geo. 5, c. 46,

ss. 10, 14.

1630

13.-(1) It shall be lawful for any public officer authorised by the Superintendent in that behalf-

to arrest and bring before a magistrate any person whom such public officer may have reason to suspect of having contravened any of the provisions of this Ordinance or of any regulation made thereunder;

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to arrest Provided that no female person shall be searched except by a female: Provided also that no person shall be searched in a public place if he objects to be so searched;

(c) to search any place in which such public officer may have reason to suspect that there may be any thing which under paragraph (f) is liable to seizure;

(d) to search, and, if necessary to stop and search, any ship (not being or having the status of a ship of war) in which such public officer may have reason to suspect that there may be any thing which under paragraph (f) is liable to seizure;

(e) to search the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any dangerous drug, and to demand the production of, and to inspect, any books or documents relating to dealings in any such drug, and to inspect any stocks of any such drug; and

() to seize, remove and detain-

(i) any thing with respect to which such public officer may have reasonable grounds for suspecting that any offence against this Ordinance has been committed;

(ii) any book or other document which such public officer may have reasonable grounds for suspecting to relate to, or to be connected directly or indirectly with, any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence against this Ordinance, or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside the Colony, an offence against the provisions of any corresponding law in force in that place; or

(iii) any other thing which may appear to such officer likely to be, or to contain, evidence of any such offence. transaction or dealing.

place;

(2) Such public officer may-

(a) break open any outer or inner door of or in any such

(b) forcibly enter any such ship and every part thereof:

(c) remove by force any personal or material obstruction to any arrest, detention, search, inspection, seizure, or removal, which he is empowered to make;

(d) detain every person found in such place until such place has been searched; and

(e) detain every such ship, and every person on board such ship, and prevent every person from approaching or boarding such ship, until such ship has been searched.

1631

(3) Any authority given by the Superintendent under this section may be given to an individual or to a class, and may be-

(a) general, so as to embrace all the powers referred to in this section, or

(b) limited, so as to embrace only a portion of those powers, or

(c) particular, for a particular occasion.

(4) No person shall delay or

shall delay or obstruct any detention,

arrest, search, inspection, seizure, or removal, which is authorised by this Ordinance.

14.-(1) No person shall send by post any dangerous Postal drug except under and in accordance with the provisions of provisions. this Ordinance or regulations made thereunder.

It shall be lawful for the Postmaster General to detain and open any postal article which he may suspect to contain any dangerous drug or anything which would be liable to seizure under section 13 (1) (f).

(3) If any postal article contains any dangerous drug and such drug is not covered by a licence, certificate or authorization under this Ordinance, or if any postal article contains anything which would be liable to seizure under section 13 (1) (f), it shall be lawful for the Postmaster General to detain such postal article and all its contents, and to deal with such article and its contents as the Governor may direct.

15.-(1) Every person who is proved to have had in Presump- his possession or under his control any thing whatsoever tions. containing any dangerous drug or the keys of any box, drawer or other receptacle whatsoever containing any danger- ous drug shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall, until the contrary is proved, be deemed to have known the nature of such drug.

(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title relating to any thing whatsoever containing any dangerous drug, including any baggage receipt or any document or thing intended to serve the purpose of a baggage receipt, shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall, until the contrary is proved, be deemed to have known the nature of such drug.

(3) the presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the drug in question.

intendent's certificate

16. (1) A certificate of contents in the form F set out Super- in the Schedule hereto signed by the Superintendent, if it purports to relate to any dangerous drug, or to any substance of contents. referred to in section 21, shall in any proceeding be conclusive Schedule, evidence as to the facts stated therein.

(2) Any such certificate purporting to be signed by the Superintendent shall, until the contrary is proved, be deemed to have been signed by the Superintendent.

form F.

Offences,

penalties and

procedure.

1632

17.-(1) Every person who-

(a) acts in contravention of, or fails to comply with, any

10 & 11 Geo. provision of this Ordinance or of any regulation made there-

5, c. 46,

s. 13;

13 & 14 Geo.

5, c. 5, s. 2.

under; or

(b) acts in contravention of, or fails to comply with, the conditions of any licence or authorization granted under or in pursuance of this Ordinance; or

(c) for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence or authorization as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the same; or

(d) in the Colony aids, abets, counsels or procures the commission in any place outside the Colony of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act (wherever to be committed) which if committed in the Colony would constitute an offence against this Ordinance;

shall be guilty of an offence against this Ordinance.

(2) Every person guilty of an offence against this Ordinance shall, in respect of each offence, be liable-

(a) on conviction or indictment, to a fine not exceeding ten thousand dollars, and to imprisonment for any term not exceeding ten years; or

(b) on summary conviction, to a fine not exceeding two thousand five hundred dollars and to imprisonment for any term not exceeding twelve months.

(3) Every person who attempts to commit an offence against this Ordinance, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable upon summary conviction to the punishment and forfeiture as if he had committed an offence under this Ordinance.

(4) Where the person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

(5) Where the person convicted of an offence under this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

(6) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be com- menced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence. or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so prescribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to

1633

justify a prosecution comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(7) For the purposes of sub-section (6), the issue of a summons or warrant shall be deemed to be the commencement of proceedings, whether such summons or warrant is executed

or not.

(8) For the purpose of removing doubts, it is hereby declared-

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other enact- ment, any term of imprisonment imposed under this Ordinance on any person by a magistrate in respect of the non-payment of a fine imposed under this Ordinance may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.

18. It shall be lawful for the court or a magistrate to Forfeiture. order to be forfeited to the Crown any article with respect to which any offence under this Ordinance has been committed, whether any person shall have been convicted of such offence or not, and upon the making of any such order of forfeiture the said articles shall be deemed to be the property of the Crown free from all rights of any person.

Ordinance

19. Nothing in the Pharmacy and Poisons Ordinance, This 1916, or in any regulation made under the Pharmacy and not to be Poisons Ordinance, 1916, whenever made, shall have the affected by effect of relaxing or limiting in any way whatever any of the No. 9 of provisions of this Ordinance or of any regulation made there- 1916. under.

Ordinance

as to certain

opium and coca leaf.

20.-(1) No person shall trade in or manufacture for Special the purpose of trade any products obtained from any of the provisions phenanthrene alkaloids of opium, or from the ecgonine alkaloids of alkaloids of the coca leaf, not being a product which was on the thirteenth day of July, 1931 (the date on which the 22 Geo. 5, Geneva Convention, 1931, was signed on behalf of His c. 15, s. 2. Majesty), being used for medical or scientific purposes: Provided that if the Governor in Council is at any time satisfied as respects any such product that it is of medical or scientific value, he may by order declare that this sub-section shall cease to apply to that product.

?

(2) If it is made to appear to the Governor in Council that a decision with respect to any such product as is mention ed in sub-section (1) of this section has, in pursuance of Article 11 of the Geneva Convention, 1931. been com- municated by the Secretary General of the League of Nations to the parties to the said Convention, the Governor in Counci! may, by Order either declare that the provisions of this Ordinance shall apply to that product in the same manner as they apply to the drugs mentioned in sub-section (1) of section 3, or apply the said provisions to that product with such modifications as may be specified in the Order.

Special

1634

(3) The Governor in Council may by Order apply the provisions of this Ordinance, with such modifications as may be specified in the Order, to any of the following drugs, that is to say, methylmorphine (commonly known as codeine), ethylmorphine (commonly known as dionin) and their respective salts.

21.-(1) No person shall cultivate the plant known as provisions as cannabis sativa.

to cannabis

sativa.

Power to exclude certain

from the Ordinance.

(2) No person shall have in his possession, otherwise than in transit, any specimen or any quantity of the plant known as cannabis sativa or any portion of such plant.

(3) When in transit, the plant known as cannabis sativa, and the resin obtained from the said plant or from any part of the said plant, and any preparation of which such resin forms the base, and any preparation or mixture containing the said resin, shall be subject to all the restrictions imposed by sections 6, 7, 8 and 9 upon dangerous drugs in transit through the Colony.

(4) No person shall, whether on his own behalf or on behalf of any other person, whether such other person be in the Colony or not, buy, sell, supply, procure, or offer to supply or procure, from, to or for any other person, whether such other person be in the Colony or not, or in any way deal in or with or offer to deal in, or pretend to deal in, or import or export, or do any act preparatory to or for the purpose of importing or exporting, the plant known as cannabis sativa, or the resin obtained from the said plant or from any part of the said plant, or any preparation of which such resin forms the base, or any preparation or mixture containing the said resin, whether the goods in question be in the Colony or elsewhere, and whether they be ascertained or appropriated or in existence or not, and whether it be intended that they should be imported into the Colony or not: Provided that this sub-section shall not apply to the extracts and tinctures of Indian hemp referred to in section 3 (1).

22. If the Governor in Council thinks fit to declare that a finding with respect to any preparation containing any of preparations the drugs to which this Ordinance applies has in pursuance of Article 8 of the Geneva Convention, 1925, been com-- municated by the Council of the League of Nations to the parties to the said Convention the provisions of this Ordinance shall as from such date as may be specified in the declaration cease to apply to the preparation specified therein.

15 & 16 Geo. 5, c. 74, s. 5.

Repeal of Ordinances

No. 22 of

1923,

the

23. The Dangerous Drugs Ordinance, Dangerous Drugs Amendment Ordinance, 1928 and the

1923, No. 4 Dangerous Drugs Ordinance, 1932, are repealed.

of 1928, and

No. 31 of

"

1932.

Commence-

ment.

24. This Ordinance shall not come into operation until such date as the Governor shall appoint by Proclamation. c. 15, s. 5(3). Different dates may be so appointed for different provisions

of this Ordinance and in relation to different countries.

22 Geo. 5,

1

IMPORT CERTIFICATE issued

1635

SCHEDULE.

FORM A.

[ss. 2 (1) (c), 5 (2).]

Serial No.

by the Government of Hong Kong.

File No............

INTERNATIONAL OPIUM CONVENTIONS.

Certificate of Official Approval of Import.

I, being the person charged with the administration of the law relating to dangerous drugs to which the International Opium Conventions apply, hereby certify that

that I I have approved the importation by*

*Here insert name, address and business of importer.

oft

fromt

subject to the conditions that

(i) the consignment shall be imported before the

+ Here insert exact descrip- tion and amount of drugs to be imported.

Here insert name and address of firm in exporting country from which the drug is to

be obtained.

; and

(ii) the consignment shall be imported by

and that I am satisfied that the consignment proposed to be imported is required

(1) ¶for legitimate purposes (in the case of raw opium or ¶Strike out

words not the coca leaf)

applicable.

(2) ¶solely for medicinal or scientific purposes (in the case of Indian hemp or drugs to which Chapter III of the International Opium Convention, 1925, applies).

(Date)

(Signature and stamp of the Superintendent).

THIS DOCUMENT IS SOLELY FOR PRODUCTION TO THE GOVERNMENT OF THE COUNTRY FROM WHICH THE DRUG IS PROPOSED TO BE OBTAINED.

Serial No.

1636

FORM B.

[8. 4 (1).)

File No.

Applicant's

Refce. No.........

DANGEROUS DRUGS ORDINANCE, 1935.

Export Authorization.

In pursuance of the Dangerous Drugs Ordinance 1935, the Superintendent hereby authorizes

(hereinafter called "the exporter')

*Strike out words not applicable.

to export from (2)*Hong Kong by Parcel Post in

(1) the port of

by S.S.

parcels from the

in

Post Office

to

in virtue of Import Certificate No. issued by

the following drugs, namely:-

dated

This authorization is issued subject to the following conditions

1. This authorization is not a licence to obtain or be in possession of the drugs named herein.

2. This authorization is available only for drugs of the exact quantity, kind and form specified above.

3. This authorization does not relieve the exporter from com- pliance with any Ordinance or regulations in force for the time being relating to the exportation of goods from Hong Kong nor from any provision of any Post Office Ordinance, or of any Post Office Regulations for the time being in force, nor from any rules or regulations respecting the transmission of articles by post which may for the time being be in force, whether within the Colony or elsewhere.

4. If the drugs are authorized to be exported by ship the Duplicate Copy, which is attached, shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the Master of the vessel by which the consignment is despatched. [See footnote (3).]

5. If the drugs are authorized to be exported by post the attached Duplicate Copy shall be placed inside the outer wrapper of the parcel containing the drugs. If the drugs are contained in more than one parcel, the Duplicate Copy shall be placed inside the outer wrapper of one of them; the parcels shall be consecutively numbered on the outer wrapper, and on each parcel there shall be legibly stated the number of the parcel in which the Duplicate Copy is to be found. [See footnote (2).]

1637

6. The exporter, if so required by the Superintendent, shali produce to him, within such time as he may allow, proof to his satisfaction that the said drugs were duly delivered at the destination named in this authorization, and in the event of non-compliance with this condition the authorization shall be deemed void and of no effect.

7. The exporter shall furnish to

to the Superintendent such returns of the goods exported by him in pursuance of this authoriza- tion as may from time to time be required.

8. This authorization is valid only for the exporter named above and may be revoked at any time by the Superintendent. It shall be produced for inspection when required by any duly authorized person.

9. This authorization, unless sooner revoked, shall continue in force for three calendar months from the date hereof. It must be produced, at the time of export, to an officer of

(1)*the Imports and Exports Department, (2)*the Post Office,

who will retain it.

If not used it shall be surrendered to the Superintendent within. seven days of the date of its expiry.

(Signature and stamp of Superintendent.)

*Strike out the words not applicable.

(Date)

NOTE.-(1) If any alteration is desired in this authorization it must be returned with a request for amendment and a statement of the reasons therefor. No unauthorized alteration is permissible.

(2) In the case of drugs exported by post failure to comply with this condition may lead to delay or confiscation of the parcels in the country of destination.

(3) In the case of drugs exported by ship this document is required in pursuance of the International Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or Failure to comply with the condition may lead to delay or confiscation of the consignment.

not.

FORM C.

[s. 5 (1).]

Authorization No.

File No.

DANGEROUS DRUGS ORDINANCE, 1935.

Import Authorization.

In pursuance of the Dangerous Drugs Ordinance 1935 (herein- after called "the Ordinance"), the Superintendent hereby authorizes

(hereinafter called "the importer')

to import the drugs specified in the Schedule hereto, from

Here insert

name and full postal address of importer.

Here insert name and full postal address of exporter.

1638

This authorization is issued subject to the following conditions:

1. The drugs shall be imported before (date).

2. This authorization is not a licence to be in possession

of or to supply the drug imported.

3. This authorization does not relieve the importer from compliance with any Ordinance or regulations in force for the time being relating to the importation of goods into or transhipment of goods in Hong Kong or any Post Office Ordinance or regulations for the time being in force in Hong Kong.

4. This authorization is valid only for the importer and may

be revoked at any time by the Superintendent, to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorized person.

be

5. This authorization unless sooner revoked shall

produced to the Superintendent at the time of importa- tion and shall be surrendered to the Superintendent at the time when the last consignment of drugs is imported.

6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 this authorization shall immediately after that date be surrendered to the Superintendent.

7. The copy of the export authorization, if any. which accompanies the drugs shall be forwarded to the Superintendent immediately the importation of the drugs has been effected.

(Date).

(Signature and stamp of the Superintendent.)

SCHEDULE specifying the drugs and quantities thereof to be imported

THIS AUTHORIZATION IS NOT TO LEAVE THE POSSESSION OF THE IMPORTER

UNTIL IT IS SURRENDERED TO THE SUPERINTENDENT.

!

1639

FORM D.

DANGEROUS DRUGS ORDINANCE, 1935.

[s. 7 (1).]

Licence for the removal of dangerous drugs in transit.

is hereby authorized to move the

dangerous drugs described hereunder from

to

Nature and quantity of dangerous drugs

Particulars of export authorization (or

diversion certificate) if any relating thereto

Name of ship on which the drugs were brought into the Colony

Date of arrival

Number of packages

Marks and numbers on packages

This licence is issued subject to the following conditions:-

(1) This licence is valid only for the removal of the drugs

specified above.

(2) The removal of the drugs shall take place between

a.m./p.m. and

a.m./p.m. on the

.19......

(3) If the removal of the drugs does not take place within the hours and on the day specified, this licence must be returned to the Superintendent forthwith; and in any case shall be surrendered when the removal has taken place.

(4) The drugs must not be moved unless a Revenue Officer

is present.

(5) This licence does not authorize the person named above to be in possession of the drugs otherwise than for the purpose of removing them in accordance with this licence.

(6) The packages containing the drugs are not to be opened

or broken in the course of the removal.

(7) This licence shall be produced at any time when required

by a duly authorized person.

(Date).

(Signature and stamp of Superintendent.)

1640

FORM E.

INTERNATIONAL OPIUM CONVENTIONS.

Diversion Certificate.

[s. 9 (1).]

I, being the person charged with the administration of the law relating to the dangerous drugs to which the International Opium Conventions apply, hereby certify that I have authorized the diversion of the consignment of drugs, of which particulars are given below, to the destination stated below.

Description and quantities of drugs......

Name of vessel on which the con- signment was brought to Hong Kong....

Name and address of the exporter.....

Number and date of export authoriza- tion and authority by whom issued

Name and address of criginal consignee named in the export authorization

Name and address of consignee to whom the consignment is authorized to be diverted

Number and date of import certificate (and authority by whom issued) by virtue of which this diversion 13 authorized

Name of vessel on which the consign- ment is authorized to be carried from Hong Kong

Period within which the consignment is to be carried from the Colony

This certificate is issued subject to the following conditions:-

(1) The duplicate copy of this certificate shall accompany the consignment to the place of destination, and for this

purpose shall be delivered to the Master of the vessel by which the consignment is dispatched.

(2) This certificate does not relieve any person who may be concerned with the carriage of the consignment of drugs specified above from compliance with any Ordinance or regulations in force for the time being relating to the exportation of goods from Hong Kong.

(3) This certificate is valid only for the consignment and for the period specified above, and may be revoked at any time.

(4) If the consignment of drugs is not carried from Hong Kong within the period specified above, this certificate shall be surrendered to the Superintendent.

(5) This certificate shall be produced at any time when

required by a duly authorized person.

(Signature and stamp of Superintendent.)

(Date).

NOTE. (1) If any alteration is desired in this authorization, it must be returned with a request for amendment and a statement for the reasons therefor. No unauthorized alteration is permissible.

(2) This document is required in pursuance of the International Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes. whether it is transhipped or not. Failure to comply with the condition may lead to delay or confiscation of the consignment.

I.

1641

FORM F.

DANGEROUS DRUGS ORDINANCE, 1935. [s. 16.]

Certificate of Contents.

(Assistant) Superintendent of

+

Imports and Exports, hereby certify that on (date)

I received personally from (name or description of officer)

a sealed packet

case may be) marked (if any special mark)

which I found to contain (quantity and nature of drug)..

and that on (date)

(quantity and nature of drug)

description of officer)

(or as the

I personally handed the said

to (name and

in a sealed packet (or as

the case may be)............... marked (if any special mark)...............

Date

(Assistant) Superintendent of Imports and Exports.

Objects and Reasons.

1. The Secretary of State's despatch of the 31st May, 1933, intimated that His Majesty would not be advised to exercise his powers of disallowance in respect of Ordinance No. 31 of 1932; but called attention to a Circular despatch of the same date transmitting revised model clauses relating to the importation, exportation and transit of dangerous drugs.

2. As a result of a consideration of these model clauses it was decided not to bring Ordinance No. 31 of 1932 into force by a proclamation under section 19 thereof; but to repeal it and re-enact it in this new Ordinance in a revised form in which the model clauses have been incorporated. The Bill of this revised Ordinance was submitted to the Secretary of State and section 21 (3) has been redrafted in consequence of the directions contained in his despatch of the 29th May, 1935.

3. A Table of Correspondence is attached which shows the variations between this new Ordinance, the Ordinance it is to replace and the model clauses.

C. G. ALABASTER,

July, 1935.

Attorney General.

1642

TABLE OF CORRESPONDENCE.

Dangerous Drugs Ordinance, 1935.

Ordinance

No. 31 of

1932.

1.

1

Remarks.

("Model" refers to model clauses enclosed in Colonial Office Circular despatch of 31st May, 1933.)

2 (a)

new

See notes to model.

2 (b)

Model.

2 (c)

Model.

2 (d)

Model.

2 (e)

Model.

2(A)

Model.

2 (g)

Model.

2 (h)

Model.

2 (i)

2 (1)

new

2 (k)

2 (c)

2 (1)

2 (d)

2 (m)

2 (e)

2 (n)

2 (1)

2 (0)

2 (g)

2 (p)

2 (h)

3

5 and 15

4

Model.

The notes to the model stated that the expression "convention" needs inter- pretation; but it was not therein defined as it was assumed that a suitable defini- tion already exists in the Ordinances of all Colonies. The Conventions in sub- section (2) are those referred to in the preamble to the Dangerous Drugs Act. 1932, (22 Geo. 5, c. 15).

5

6

Model 1. "Superintendent" for "appro- priate authority". Final sentence of Model 1 (1) omitted as covered by section 12.

Model 2. "Superintendent" for "appro- priate authority". In Model 2 (1) "sub- ject to such conditions as he shall deem fit" omitted as covered by section 12.

In sub-section (2) "substantially in form A set out in the Schedule hereto" for "(form A)", see section 2 (c).

Model 3. "Superintendent for "appropriate

authority".

1643

Table of Correspondence,--Continued.

Dangerous

Ordinance

Drugs Ordinance, 1935.

No. 31 of

1932.

7

8

9

10

11

12

13

Remarks.

("Model" refers to model clauses enclosed in Colonial Office Circular despatch of 31st May, 1933.)

3 (1)

Co

7

Model 4. "Superintendent" for "appro- priate authority"; "form D" for "form E' as the model form D, an alternative form, is not adopted in the Ordinance. Final sentence of model 4 (1) omitted as covered by section 12.

Model 5. "Superintendent for "appro-

priate authority".

Model 6. "Superintendent" for "appro- priate authority"; "form E" for "form F". In Model 6 (2) "in his absolute discretion" omitted as covered by section 12.

"with this Ordinance or regulations made thereunder or with a licence granted by the Superintendent" for "with a licence granted under this Ordinance". "danger- ous drug" for "drug to which this Ordin- ance applies. Sub-sections (2) and (3) of section 3 of No. 31 of 1932 omitted.

"dangerous drugs" for "the drugs to which this Ordinance applies"; "danger- ous drug" for "drug to which this Ordinance applies".

"licence, certificate or authorization" for

"licence or authority".

"dangerous drug" for "drug to which this

Ordinance applies" in sub-section (1) (e) "or ship" omitted in sub-section (2) (d); compare 2 (e).

Redrafted.

"dangerous drug" for "drug to which this

Ordinance applies".

14

8

15

16

10

Redrafted.

17

11

18

12

19

13

20

14

21

16

2 23

22

17

18

24

19

Redrafted to allow of possession in transit subject to the restrictions imposed on dangerous drugs.

The Dangerous Drugs Ordinance, 1932, added to list of enactments repealed.

1644

Table of Correspondence,-Continued.

Dangerous Drugs Ordinance, 1935.

Ordinance

No. 31 of

1932.

Remarks.

("Model" refers to model clauses enclosed in Colonial Office Circular despatch of 31st May, 1933.)

Schedule. Form A.

Form B.

Form C.

Model Form A substituted for Import certificate in Schedule to No. 31 of 1932. but with footnote omitted as Hong Kong does not now import raw opium for the purpose of manufacturing prepared opium.

Model Form B. In condition 3 "Ordinance or" for "Customs"; "any Fost Office Ordinance" for "the Post Office Ordin- ance".

In Condition 6 "Superintendent'

"Commissioner of Customs".

In Condition 9 "Imports and Exports" for

"Customs".

Model Form C. In Condition 3 "Ordinance or" for "Customs"; "Ordinances or" after "Post Office".

In footnote "or to the Customs Officer etc." omitted. Customs Officer's endorsement omitted.

Form D

Form E.

Form F

Model Form E. In Condition (4)

a

Revenue Officer" for "an officer of the Customs Department".

Model Form F. In Condition (2) "Ordin-

ance or" for "Customs".

Superin- Title changed to "Certificate of Contents". tendents.

Certi-

ficate.

1645

[No. 27-29.7.35.-3.]

(C.S.O. 4315/35).

A BILL

INTITULED

An Ordinance to amend the Summary Offences Ordinance,

1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Summary Offences Short title. Amendment Ordinance, 1935.

2. The Summary Offences Ordinance, 1932, is amended by the addition of the following section after section 19

thereof :-

19A. Every person who---

New section Ordinance

19A to

No. 40 of 1932.

Offences in connection

telephone

(a) sends any message by telegraph, telephone, wireless with telegraphy or wireless telephony which is grossly offensive calls or or of an indecent, obscene or menacing character; or

(b) sends by any such means any message, which he knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any other person; or

(c) persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid,

shall be liable to a fine not exceeding one hundred dollars and to imprisonment for any term not exceeding one month.

messages or telegrams.

25 Geo. 5,

c. 15,

s. 10 (2).

Objects and Reasons.

Section 2 of this Ordinance inserts in the principal Ordinance a new section 19A based on the provisions of section 10 (2) of the Post Office (Amendment) Act, 1935, (25 Geo. 5, c. 15) relating to the sending of grossly offensive matter by telephone, and to false and malicious telephone messages and telegrams. Paragraphs (a) and (b) have been adapted so as to include messages by telegraph, telephone, wireless telegraphy or wireless telephony.

C. G. ALABASTER,

Attorney General.

July, 1935.

1646

ww

(C.S.O. 380/1888).

A BILL

[No. 20-26.6.34.-3.]

Short title.

Certain official

signatures

and fees therefor.

Ordinance No. 5 of 1870.

Schedule.

Power to amend Schedule.

Repeal of Ordinances No. 1 of

1888, No. 22 of 1931 and

No. 24 of 1934.

INTITULED

An Ordinance to regulate certain official signatures and to

provide for the payment of fees therefor.

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

1. This Ordinance may be cited as the Official Signatures Fees Ordinance, 1935.

2.--(1) Subject to the provisions of the Crown Fees Ordinance, 1870, where by or under any enactment of this Colony or elsewhere, the signature of the Governor or any public officer mentioned in the Schedule is required to any certificate, authorization, consent, licence, permit or exemption, or any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, or any copy of the same, and no fee for such signature is prescribed by law, the appropriate fee prescribed in the Schedule shall be payable for such signature.

(2) For the purposes of this Ordinance where by or under any enactment of this Colony the signature of any public officer is required to any document, it shall be sufficient unless otherwise expressly enacted if a similitude of the signature of such public officer is impressed on the document by some other person by or under his authority, and authenticated by the signature of such other person.

3. The Governor in Council may amend the Schedule in any manner whatsoever.

4. The Official Signatures Fees Ordinance, 1888, the Official Signatures Fees Amendment Ordinance, 1931, and the Official Signatures Fees Amendment Ordinance, 1934, are repealed.

SCHEDULE.

[ss. 2 and 3].

Designation of officer.

The Governor

The Colonial Secretary

The Colonial Treasurer

The Secretary for Chinese Affairs

The Director of Public Works...

Fee for signature.

$10.00

5.00

5.00

:

:

:

E

5.00

5.00

The Director of Medical and Sanitary Services

5.00

The Inspector General of Police ...

5.00

1647

The Harbour Master

The Registrar of the Supreme Court ...

The Superintendent of Imports and Exports

The Head of the Sanitary Department...

The Registrar of Companies

The Official Trustee...

The Official Administrator

The Clerk of Councils

:

:

:

$5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

Objects and Reasons.

1. This Ordinance repeals the Official Signatures Fees Ordinance, No. 1 of 1888, and two amending Ordinances, Nos. 22 of 1931 and 24 of 1934, and substitutes new provisions therefor.

2. Section 2 (1) of this Ordinance specifies the cases in which, subject to the provisions of the Crown Fees Ordin- ance, No. 5 of 1870, a fee is to be charged for the official signatures set out in the Schedule, thus giving effect to the present practice of charging a fee under Ordinance No. 1 of 1888, the provisions of which were derived originally from section 11 of Ordinance No. 21 of 1844, a licensing Ordinance, for certain signatures to certificates, licences and similar official permissions for which no other enactment prescribes a fee, and removing doubts arising from the form of Ordinance No. 1 of 1888, which have been expressed as to the scope of that Ordinance.

Section 2 (2) of this Ordinance enables the signature of public officers, under local enactments. to be affixed by an agent to certain documents, which the agent is required to

sign.

3. Section 3 of this Ordinance gives the Governor in Council power to amend the Schedule in any manner whatsoever.

*

4. The Schedule to this Ordinance is derived from section 2 of Ordinance No. 1 of 1888, as amended by Ordinances Nos. 5 of 1928, 18 of 1929, 22 of 1931 and 24 of 1934. The exception to section 2 (1) of Ordinance No. 1 of 1888 is now rendered unnecessary by section 2 of this Ordinance, and has been omitted, and the opportunity has been taken to include in the Schedule the Registrar of the Supreme Court, the Registrar of Companies, the Official Trustee and the Official Administrator, for the signature of each of whom a fee of $5 is to be charged.

·

June, 1935.

C. G. ALABASTER,

Attorney General.

1648

[No. 11-30.7.35.-3.]

(C.S.O. 3154/192611).

A BILL

Short title.

Substitution

for Ordin- ance No. 3 of 1932, s. 6 (4).

Ordinance

No. 7 of 1928.

Amendment

of Ordinance

No. 34 of

1910, s. 29.

Commence- ment,

INTITULED

An Ordinance to amend the law relating to Estate Duty and

to provide for the payment of any such duty, which may be due, before a successor is registered without probate or administration.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Estate Duty and New Territories Regulation Amendment Ordinance, 1935.

2. Section 6 of the Estate Duty Ordinance, 1932. is amended by the repeal of paragraph (4) thereof and by the substitution of the following three paragraphs :-

(4) property situate in the New Territories, other than New Kowloon, where the principal value of the estate does not exceed two thousand dollars; and property situate elsewhere in the Colony where the principal value of the estate does not exceed five hundred dollars.

(4A) any temple for the worship of ancestors, situated in the New Territories, other than New Kowloon, registered in the name of the manager of a clan, family or t'ong, and so much of any clan, family or t'ong property similarly registered as is used for the maintenance of such temple.

(4B) any other temple in the New Territories, other than New Kowloon, certified, by the District Officer of the district where such temple is situated, to be a "Chinese temple" as defined in section 2 of the Chinese Temples Ordinance, 1928, and so much of any property as is used for the maintenance of such temple.

3. Section 29 of the New Territories Regulation Ordin- ance, 1910, is amended by the insertion of the words "and on being satisfied that any estate duty, which may be due, has been paid," after the words "(hereinafter described as the successor)" in the seventh line.

.

4. This Ordinance shall come into force on the 1st day of January, 1937.

}

1

1649

Objects and Reasons.

1. The Estate Duty Ordinance (No. 3 of 1932) extends generally to the New Territories (under section 3 of the Interpretation Ordinance, 1911) but by section 6 (4) land there situate, in respect of which a successor has been registered under the first clause of section 29 of the New Territories Regulation Ordinance, 1910 (No. 34 of 1910), has been exempted where it does not form part of an estate of which probate or letters of administration have been granted by the Supreme Court.

2. The effect of section 2 of this amending Ordinance will be to remove the exemption, as from the 1st January, 1937, and to substitute a new exemption, not limited to land, under which property situate in the New Territories, other than New Kowloon, will be exempt from duty where the principal value of the estate does not exceed two thousand dollars, and property situate elsewhere in the Colony where the principal value of the estate does not exceed five hundred dollars.

3. The Schedules to the Estate Duty Ordinance do not provide for the payment of any duty where the principal value of the estate does not exceed five hundred dollars, but having regard to the provisions of section 4 thereof it is considered desirable to make express provision in section 6 of that Ordinance for the exemption of these small estates.

4. Section 2 of this Ordinance also adds a new paragraph (4A) to section 6 of the principal Ordinance exempting from estate duty temples for the worship of ancestors situated in the New Territories, other than New Kowloon, which are registered in the name of a manager of a clan, family or The paragraph also exempts from duty so much of any clan, family or t'ong property as is used for the main- tenance of such temples. Registration of managers of clan, family or t'ong property is effected under section 27 of Ordinance No. 34 of 1910.

tong.

5. Section 2 of this Ordinance also adds another new paragraph (4B) to section 6 of the principal Ordinance exempting from estate duty any other temple in the New Territories, other than New Kowloon, certified, by the District Officer of the district where such temple is situated, to be a "Chinese temple" as defined in section 2 of the Chinese Temples Ordinance, 1928. This paragraph also exempts from duty so much of any property as is used for the maintenance of such temple.

6. Section 3 of this amending Ordinance requires that the Land Officer shall be satisfied that any estate duty, which may be due, has been paid before registering a successor under section 29 of the New Territories Regulation Ordinance, 1910. This amendment seems necessary in view of the repeal of paragraph 6 (4) of the Estate Duty Ordinance, 1932, by section 2.

7. Section 4 postpones the operation of this amending Ordinance until the 1st January, 1937.

C. G. ALABASTER,

Attorney General.

August. 1935.

1650

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 248.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America,

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

including the

Hawaiian Is-

lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

23rd August, 1935.

Date.

Reference to Government Notification.

¡

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

FIRE BRIGADE DEPARTMENT.

tenders in triplicate, which should America La France' Motor Fire

No. S. 249.-It is hereby notified that sealed be clearly marked "Tender for Purchase of two Engines and Spare Parts", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of September, 1935.

The vehicles, which have 50 H.P. 4 cylindered engines and solid tyred wheels, may be seen at Sham Shui Po Police Station.

   All the spare parts are in good condition, and include radiator, front axle, electric starter motors, crankshaft bearings, carburettor and road wheels with tyres.

   The fire pumps and accessories thereto have been removed from the vehicles and will not be included in the sale.

Tenderers may submit tenders for either or both of the vehicles.

The Government does not bind itself to accept the highest or any tender.

   For further particulars apply to the Superintendent of the Fire Brigade, Central Fire Station.

23rd August, 1935.

C. G. PERDUE, Chief Officer, Fire Brigade.

1651

HARBOUR DEPARTMENT.

No. S. 250.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to No. 2 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 6th day of September, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

21st August, 1935.

G. F. HOLE,

Harbour Master.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 251.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for making, clearing and repairing Forestry Paths and Fire Barriers, 1935", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of September, 1935, for making, clearing and repairing forestry paths and fire barriers for the Botanical and Forestry Department.

For forms of tender, specifications and further particulars apply at this office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

23rd August, 1935.

H. GREEN,

Superintendent.

DISTRICT OFFICE, TAI Po.

 No. S. 252.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 28th day of August, 1935.

 The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) (b) and (c) in the above Government Notification and further to the Special Conditions hereunder specified.

1651

HARBOUR DEPARTMENT.

No. S. 250.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to No. 2 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 6th day of September, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

21st August, 1935.

G. F. HOLE,

Harbour Master.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 251.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for making, clearing and repairing Forestry Paths and Fire Barriers, 1935", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of September, 1935, for making, clearing and repairing forestry paths and fire barriers for the Botanical and Forestry Department.

For forms of tender, specifications and further particulars apply at this office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

23rd August, 1935.

H. GREEN,

Superintendent.

DISTRICT OFFICE, TAI Po.

 No. S. 252.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 28th day of August, 1935.

 The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) (b) and (c) in the above Government Notification and further to the Special Conditions hereunder specified.

1652

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents in Upset Crown

Annual

Acres. Price.

Rent

No. D.D.

Lot.

N.

S.

E.

W.

feet.

feet. feet. feet.

$

$

1

34

429

Tsiu Hang.

As per plan deposited in the District Office, North.

1866 acres. 2,033 18.70

SPECIAL CONDITIONS.

  1. Right of access to large made graves on the site shall be reserved to worshippers at the times of the Spring and Autumn grave-worshipping ceremonies. No cultivation shall be done within ten feet around each of these graves. Should the removal of any small graves or any exhumations become necessary, arrangements shall be made through the District Officer with the descendants of the deceased persons.

  2. A right of way shall be left open over the path crossing the site as shown by a double dotted line on the sale plan.

3. The Crown shall be under no obligation to provide a water supply to the site and all arrangements for water supply shall be made by the purchaser himself subject to the approval of the District Officer.

  4. Compensation to be assessed by the District Officer shall be payable by the purchaser for trees on the site belonging to the licensees of Forestry Lot No. 273.

T. MEGARRY, District Officer, North.

16th August, 1935.

PUBLIC WORKS DEPARTMENT.

  No. S. 233.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Two Blocks of Flats", will be received at the Colonial Secretary's Office until Noon of Monday, the 26th day of August, 1935. The work consists of the erection of two buildings, each of three-storeys, comprising Quarters for European Subordinate Officers and Chinese Medical Officers, adjoining the Queen Mary Hospital.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th August, 1935.

R. M. HENDERSON,

Director of Public Works.

1656

N

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 40 of 1933.

Re Paranjothi Sanjeevi lately carrying on business at China Building, Queen's Road Central, Victoria, in the Colony of Hong Kong as the Paris Silk Store and at French

Bank Building, Queen's Road Cen-

tral, aforesaid as the Pioneer Com- mercial Company and at Hankow Road, Kowloon in the said Colony as the Columbo Jewellery Store.

FIRST and final dividend is intended to

A be declared in this matter.

Creditors who have not proved their debts

by the 23rd day of November, 1935, will be excluded.

Dated the 23rd day of August, 1935.

A

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

COMPANIES (WINDING-UP.)

Notice of Dividend Declared.

No. 1 of 1932.

In the Matter of the Companies Ordin-

ance, No. 58 of 1911,

and

In the Matter of The Man Ree Hing

Company, Limited.

FIRST and Final dividend of $19.59 per cent has been declared in the above

matter.

OTICE is hereby given that the above-

the Official Receiver's Office, Victoria, aforesaid on the 29th day of August, 1935, between the hours of 10 a.m. and I p.m. and on any sub- sequent day during office hours.

     Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 23rd day of August, 1935.

JAMES J. HAYDEN, Official Receiver and Liquidator.

IN THE SUPREME COURT OF

HONG KON

PROBATE JURISDICTION.

In the matter of the Estate of Charles

William Fildes Booker late of Gloucester Building, Victoria, in the Colony of Hong Kong, Manager deceased.

NOTICE is hereby given that the Court has,

        by virtue of Section 58 of The Probates Ordinance 1897, (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 6th day of September,

1935.

     Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 23rd day of August, 1935.

E. P. H. LANG,

Official Administrator.

NOTICE OF DIVIDEND DECLARED.

A

In the Matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The Hoo Tin Restaur-

ant Limited.

(IN LIQUIDATION).

FIRST and Final dividend of $3.21 per cent has been declared in the above

matter.

NOTICE is hereby given that the above- mentioned dividend may be received at the office of the undersigned on the 4th day of September, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Dated the 23rd day of August, 1935.

N

GEO. K. HALL BRUTTON & CO. Solicitors for the Liquidators,

St. George's Building,

Chater Road,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Louise Marie Felix Edouard Rivet late of No. 21 Rue de l'Opera Aix-en-Provence in the Republic of France Colonial Resi- dent (retired) deceased,

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to the 17th day of September, 1935.

All Creditors and others are accordingly

IN

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25 of 1923, Notice is hereby given that Tse

Wing Sheung() carrying on

business as

canvas goods and sail maker under the style of the Wing Kee firm at No. 44 Hennessy Road, has agreed to transfer the said

business to the Chi Shun Tong (智信堂)

of No. 38 Johnston Road, third floor, and it is intended to complete the transaction on the 24th day of September, 1935.

The transferees intend to continue the said business at No. 44 Hennessy Road aforesaid, and shall not assume the responsibility of any debts that may have been contracted by the transferror in connection with the said business.

Dated the 23rd day of August, 1935.

TSE WING SHEUNG (謝榮常),

Transferror.

THE CHI SHUN TONG (智信堂),

Transferees.

事啟要重

報概式潘所之叙起東啟 聲與潘圖森有職會見烟者 明前燡章君來克經於公香 以任棠方本往日眾國司港 照司兩為人數就議歷專大 事君有簽目職决八營道 實無效押華辦推月烟中 此涉續以井洋事舉十草門 佈誠業前盖轇嗣潘五生牌

hereby required to send their claims to the 大 恐已任有轕後森日意二

undersigned on or before that date.

Dated the 23rd day of August, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator,

Prince's Building, Ice House Street,

Hong Kong.

In the Matter of The Companies Ordi-

nance, 1932,

and

In the Matter of The On Hing Company,

Limited.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given in pursuance of

大東烟公司謹啓

未交正大按生君開今百 及代副東揭意為全因三 公 週清司烟等對現體擴十 知楚理公件外任股充四 特嗣林司要營司東營號 登後海正有業理大業大

In the matter of The Companies Ordin-

ance, 1932.

and

In the Matter of The On Hing Company,

Limited.

(IN VOLUNTARY LIQUIDATION).

N Section 234 of the Companies Ordinance, NOTICE is hereby given in pursuance of

1932, that a General Meeting of the Members of the abovenamed Company will be held at No. 39 Des Voeux Road Central, (To To Sin Koon), Victoria, in the Colony of Hong Kong, on Monday, the 23rd day of September, 1935, at 2 o'clock in the afternoon, for the purpose of having an account laid before them, showing the manner in which the windng-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidators, and also of determining by Extraordinary Resolution the manner in which the books, accounts, and documents of the Company, and of the liquida- tors thereof, shall be disposed of.

Dated the 23rd day of August, 1935.

初瓊李

民福關 馨柏陳 泉沛崔

Liquidators.

Section 234 of the Companies Ordinance 1932, that a General Meeting of the creditors of the abovenamed Company will be held at No. 39 Des Voeux Road Central, (To To Sin Koon), Victoria, in the Colony of Hong Kong, on Monday, the 23rd day of September, 1935, at 11 o'clock in the forenoon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidators, and also of determining by Extraordinary resolution the manner in which the books, accounts and docu- ments of the Company and of the Liquidators thereof, shall be disposed of.

Dated the 23rd day of August, 1935.

初瓊李

民福關

馨柏陳 泉沛崔

Liquidators.

(FILE No. 288 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Abdulhusein

       Jafferjee of Bankshall Street, Colombo, in the Colony of Ceylon, Merchants, have on the 12th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

DOUBLE

JAVAN

SPECIALLY MADE FOR ABDULHUSEIN JAFFERJEE MADE IN china

in the name of Abdulhusein Jafferjee who claim to be the proprietors thereof.

      The said Trade Mark has not hitherto been used by the Applicants but it is the Applicants' intention so to use it forthwith in respect of fire-crackers in Class 20.

      Facsimiles of the said mark can be seen at the offices of the Register of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of July, 1935.

LYSON AND HALL, Solicitors for the Applicants, No. 6, Queen's Road Central,

Hong Kong.

(FILE No. 209 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby give Limited, Imperial

Chemical Industries Limited, a Com- pany duly incorporated under the Laws of Great Britain, of Imperial Chemical House, Millbank, London, S.W.1, England, as Associa- tion of Merchants and Manufacturers, have applied for the Registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MAXO CLOR

in the name of Imperial Chemical Industries Limited, who claim to be the Proprietors thereof.

     The said Trade Mark is used by the Appli- cants in respect of the following goods :-

Chemical substances used in manufac- tures, photography, or philosophical research, and anticorrosives, in Class 1;

Chemical substances used for agricul- tural, horticultural, veterinary and sanitary purposes, in Class 2; Candles, common Soap, detergents; illuminating, heating or lubricating oils; matches; and starch, blue and other preparations for laundry purposes, in Class 47.

Dated the 26th day of July, 1935.

REMFRY & SON,

Patent and Trade Mark Attorneys,

'Stephen House ", Dalhousie Square,

Calcutta.

1657

(FILE No. 208 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that New-York Hamburger Gummi-Waaren Compagnie, a Company organized under the Laws of Germany, of 30, Hufnerstrasse, Hamburg, Germany, Manufacturers and Merchants, have applied for the Registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :-

FATURAN

in the name of New-York Hamburger Gummi- Waaren Compagnie, who claim to be the Pro- prietors thereof.

The said Trade Mark is used by the Ap- plicants in respect of the following goods :-

Moulding or plastic compositions setting under heat and/or pressure made wholly or principally of synthetic or natural resins, or of casein or of cellulose esters or cellulose ethers, sold in the form of powder, granules, pieces, rods, tubes, sheets, slabs, or blocks and articles made from such compositions, in Class 50.

Dated the 26th day of July, 1935.

REMFRY & SON,

66

Patent and Trade Mark Attorneys,

Stephen House", Dalhousie Square, Calcutta.

(FILE No. 286 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Holland China

Trading Co., Ltd., of No. 67 to 69, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have on the 10th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz-:-

CONDENSED MILK

STRONG MAN BRAND FULL CREAM SWEETENED

國製造

康健牌煉

MANUFACTURED IN HOLLAND FOR HOLLAND CHINA TRADING CO., LTD

HONG 理代行详時好 KONG

in the name of the said Holland China Trading Co., Ltd., who claim to be the sole proprietors thereof.

The above Trade Mark is intended to be used by the applicants as follows :-

Condensed Milk in Class 42. Registration of the mark shall give no right to the exclusive use of the Chinese characters

appearing thereon.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 26th day of July, 1935.

HOLLAND CHINA TRADING CO., LTD., Applicants.

(FILE No. 292 of 1935). TRADE MARKS ORDINANCE 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that The General N

Tire & Rubber Company, a Corporation organized under the laws of the State of Ohio, in the United States of America, and located and doing business at Akron, in the County of Summit, State of Ohio. U. S. A., Mauufacturers, have on the 15th day of July, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

GENERAL

(2)

JUMBO

(3)

streamline

in the name of The General Tire & Rubber Company, who claim to be the proprietors thereof.

Trade Marks Nos. 1 and 2 have been used by the Applicants since the year 1916 and Trade Mark No. 3 has been used by the Appli- cants since the year 1931, all in respect of the following goods :-

Goods manufactured from India-Rubber and Gutta Percha nct included in other classes, in Class 40.

Dated the 26th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 296 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTIOberoid hereby, given that The

Ruberoid Company Limited, of Lin-

coln House, 296-302 High Holborn, London W. C. 1. Manufacturers, have on the 19th day of July, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ASTOS

in the name of The Ruberoid Company Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not been used by the Applicants, but it is their intention so to use it forthwith, in respect of the following goods :-

Dampcourses for use in buildings and other structures: waterproof mater- ials for lining buildings and other structures, in Class 17

and

Roofing felts, in Class 50.

The "Astos" mark in Class 17 and the "Astos" mark in Class 50 are associated with each other.

Dated the 26th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

1658

(FILE No. 328 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Pun Kai

Shiu () of No. 161 Des Vœux Road Central, (ground floor), Victoria, in the Colony of Hong Kong, have on the 30th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

CI N

in the name of Pun Kai Shiu, who claims to be the proprietor thereof.

The above Mark has been used by the Appli- cant since May, 1935, in respect of Substances used as Chinese Medicine in Class 3.

Dated the 23rd day of August, 1935.

DENNYS & CO., Solicitors for the Applicant,

The National Bank Building,

Hong Kong.

(FILE NO. 293 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Lo Ying Kwan () of No. 81,

Des Voeux Road Central, First Floor, Hong Kong, has on the 17th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

in the name of Lo Ying Kwan, who claims to be the sole proprietor thereof.

Such Trade Mark has not hitherto been used by the applicant but it is his intention so to use it forthwith in respect of Patent medicines and medicated articles in Class 3.

Representations of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 26th day of July, 1935.

LO YING KWAN, Applicant.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

זי

?

;

1660

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 253.-The following Bill is published for general information :--

C.S.O. 1068/15. C. Pt. II.

[No. 9/32-29.4.35.-4.]

A BILL

Short title.

Interpreta- tion.

Deportation

Order

against

any alien. Summary procedure.

Deportation Order against an alien. Long procedure.

Deportation

Order

against

alien.

Schedule

Form

No. 7.

INTITULED

An Ordinance to consolidate and amend the law relating to

the deportation of undesirable aliens.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Deportation of Aliens Ordinance, 1935.

2. In this Ordinance,

(a) "Alien" means a person who is not a British subject. (b) "British subject"

nationality.

means a person of British

3.-(1) The Governor in Council may at any time summarily issue a deportation order against any person whom he finds to be an alien :---

(a) if in the opinion of the Governor in Council he has been deported or banished from the United Kingdom, from any British possession or from any territory which is under His Majesty's protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty's dominions; or

(b) if the alien has been convicted in the Colony of any offence; or

(c) in any special case not falling under paragraph (a) or (b) of this sub-section, if the Governor in Council deems it to be conducive to the public good to make summarily a deportation order against the alien.

(2) The Governor in Council may also at any time issue a deportation order against any person whom he finds to be an alien if upon any inquiry in the manner prescribed in section 4 he is of opinion that the alien should be deported.

(3) Any deportation order issued under the provisions. of this section may be in Form No, 7 in the Schedule.

• L

1661

detention

4.-(1) The Governor may, whenever it shall appear to Arrest, him that there are reasonable grounds for inquiry as to and inquiry. whether any person should be deported, issue a warrant in Form No. 1 in the Schedule authorising the arrest of such Schedule person and his detention for a period not exceeding fourteen Form No. 1. days.

(2) Any person arrested under such warrant may be detained in the custody of any officer referred to in the said warrant and may be transferred from the custody of such officer to any other such officer as often as may be desirable.

(3) So soon as conveniently may be after the arrest of any person under any such warrant, the Secretary for Chinese Affairs or one of the Assistants to the Secretary for Chinese Affairs, or a District or Assistant District Officer. shall interview the person so arrested and shall ask such person the questions set forth in Form No. 2 in the Schedule: Schedule Provided, however, that, if such person does not in answer to the fourth question in the said form say anything in answer to the charge preferred against him or give any reason why he should not be deported, it shall not be necessary for such. person to be asked to answer the fifth, sixth, seventh and eighth questions in the said form.

(4) The officer who interviews such person may, in addition to the questions specified in the said form, ask him any other questions which such officer may think desirable. for the purpose of elucidating his answers or for the purpose of directing his attention to any particular in the questions or allegations which appears to such officer to require a reply or further reply.

(5) If in answer to the eighth question the person expresses willingness to be questioned about the matter, his evidence shall be taken, but not on oath, by such officer, who may examine and cross-examine him and any witness to such extent as he considers reasonable.

(6) The officer who interviews such person shall take down in English, with or without the assistance of an interpreter and whether such interpreter be sworn or not, a full record of the answers given by the person interviewed to the questions asked him, and of the evidence (if any) given by him and such answers and evidence so taken down by such officer shall be read over to such person and may

                            if such person is willing so to do be signed or in other manner signified as correct by such person and by the interpreter if any be employed.

(7) The said officer shall place on record in a form convenient for the consideration of the Governor in Council the reports on which the allegations in the fourth question were based, the statements of witnesses and other evidence. adduced by such person and any further statements or evidence which it becomes necessary to adduce in consequence thereof and he may from time to time adjourn the proceedings for the purpose.

(8) So

Form No. 2.

soon as conveniently may be thereafter the Secretary for Chinese Affairs shall transmit to the Colonial Secretary a report in Form No. 3 in the Schedule for the Schedule consideration of the Governor in Council.

Form No. 3.

Schedule Form No. 5.

Schedule Form No. 6.

Detention Warrants.

Schedule

Form No. 1.

Schedule Form No. 4.

Exclusion

1662

(9) A magistrate may at any time after the conclusion of the interview referred to in sub-section (3) and after the examination of the witnesses called by the person in question, or at any previous time with the consent of the Secretary for Chinese Affairs, admit to bail any person in custody under any warrant issued under this section upon such security as in the opinion of the magistrate will be sufficient to ensure the appearance and surrender of such person at the Central Police Station at any specified date and time. The recognizance of bail may be in Form No. 5 in the Schedule.

(10) The Colonial Secretary by direction of the Governor may by order in Form No. 6 in the Schedule direct the release of any person under any such warrant as aforesaid, and on receipt of such order the Superintendent of the House of Detention shall release such person.

5.-(1) A warrant in Form No. 1 in the Schedule may be used also where the summary procedure authorised by section 3 (1) is adopted, provided the Governor is satisfied that detention is necessary in order that the proceedings may be completed.

(2) In proceedings under this Ordinance the Governor may from time to time by warrant authorise the detention of a person already in custody for a further period of seven days from the date of the expiration of the previous warrant or of the sentence as the case may be, provided the Governor is satisfied that the said person ought to be detained in order that further inquiry may be made or the existing proceedings completed. A warrant under this sub- section may be in Form No. 4 in the Schedule with such variation as the case may require.

6. No steps or proceedings whatsoever other than those of necessity expressly specified in this Ordinance shall be necessary to the validity of any deportation order made or purporting to have been made under this Ordinance.

expressly

provided for.

Previous

proceedings

7. No proceedings whatsoever connected in any manner deportation with any consideration or inquiry under the provisions of to be no bar this Ordinance, or with any other consideration or inquiry to subsequent with a view to deportation made before or after the com- proceedings. mencement of this Ordinance under the provisions of any other enactment, shall be any bar to any subsequent consideration or inquiry under the provisions of this Ordinance or to the making of any deportation order thereon.

deportation

Court or magistrate may recommend deportation of convicted alien.

Service of deportation order and arrest.

8. If any court or magistrate has convicted

any alien of any offence, the court or magistrate may recommend that a deportation order should be made in his case either in addition to or in lieu of sentence; but the existence. or absence of such a recommendation shall not be deemed to affect the powers of the Governor in Council under this Ordinance.

9.-(1) So soon as conveniently may be after the issue of any deportation order issued under the provisions of this Ordinance, the Inspector General of Police shall cause a copy of such deportation order to be served on the person against whom it is made.

1663

(2) If in the opinion of the Inspector General of Police it is necessary that such person should not remain at large pending the departure of such person from the Colony, such person, if on bail or otherwise at large may then be taken into custody, and if already in custody may be kept in custody, and shall be in either case deemed to be under lawful arrest and in lawful custody until he leaves the Colony or until the Inspector General of Police sees fit to order his prior release.

be deemed

10. Where any deportation order under this Ordinance Deported is in force against any person, that person shall, unless the person to Governor otherwise directs, be deemed for the purposes of to retain his the order to retain his nationality as the date of the order nationality. notwithstanding any intervening naturalization, marriage or any other event.

order that

11.-(1) Whenever a deportation order shall have been Power to issued against any person, it shall be lawful for the Governor, a deportee if he considers it desirable to do so, by order under the hand shall depart of the Colonial Secretary, to do all or any of the following by a

particular things:-

train or ship.

(a) to order that the person against whom the deportation order has been issued shall depart from the Colony by a particular train, or by

train, or by a particular ship whatever the immediate or ultimate destination of the said ship, if such destination is in a country or other territory to which, in the opinion of the Governor, such person properly belongs.

(b) in case it may in the opinion of the Governor be impracticable or inexpedient that such person should depart from the Colony by any train or ship by which he has been ordered to depart to substitute as often as may be necessary another train or ship as the train or ship by which such person shall depart from the Colony;

(c) to extend from time to time the time within which such person shall depart from the Colony;

Provided that where extradition proceedings have been previously taken against any such person, and the said proceedings have resulted in the discharge of such person either by a magistrate or by the Supreme Court on habeas corpus, nothing in this sub-section shall be construed as empowering the Governor to order such person to leave the Colony by any ship the immediate destination of which is a place in the territory of the state by which the surrender of such person was demanded, or otherwise to compel such person to enter the territory of such state.

(2) Any order made under sub-section (1) shall be sufficient authority to all police officers and to the master and crew of the ship to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry out such order.

(3) Any order made under this section may be indorsed on the deportation order and may be in Form No. 8 in the Schedule or as near thereto as the cricumstances may permit.

12. Every deportation order shall state the period during which it is to apply and shall fix the time within which the person against whom it is made shall depart from the Colony.

Schedule Form No. 8.

Period of application limited

and time

for departure to be

stated in deportation order.

Penalty for return from deportation or banish- ment.

Fenalty for harbouring.

Houses of Detention.

Evidence

1664

13.-(1) Every person who is prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, and who without lawful authority or excuse is within the Colony after the date fixed by such order for his departure and before the expiration of the period of his deportation or banishment, shall be guilty of a misdemeanor.

(2) Where any such person is convicted summarily before a magistrate, he shall be liable to imprisonment for any term not exceeding one year.

(3) Where any such person is convicted on indictment, he shall be liable to imprisonment for any term not exceeding five years in cases where the period of deportation or banishment exceeded fifteen years, to imprisoment for any term not exceeding three years in cases where the period of deportation or banishment did not exceed fifteen years but exceeded five years, and to imprisonment for any term not exceeding two years in cases where the period of deportation or banishment did not exceed five vears.

(4) Where the period of deportation or banishment is for life, such period shall be deemed to exceed fifteen years for the purposes of this section.

14. Every person, who without lawful authority or excuse knowingly harbours or conceals any person who is "prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

15. The Governor may appoint any building or portion of a building to be a House of Detention for the purposes of this Ordinance and any person to be Superintendent of such House, and in default of such appointments Victoria Gaol, or other the principal prison of the Colony, the Prison for males at Lai Chi Kok, the Prison for females at Lai Chi Kok and the Prison Wards at the Government Civil Hospital and the Kowloon Hospital shall be Houses of Detention and the Superintendent of Prisons shall be the Superintendent of the Houses of Detention.

16.-(1) In any proceedings whatsoever, a deportation or banishment order signed by the Clerk of Councils, or a copy of such order certified by the Clerk of Councils, shall be deemed conclusive evidence that the order was duly and validly made and issued against the person named in such order and that the order was made on the date therein specified.

(2) In any proceedings whatsoever, any document which purports to be a deportation or banishment order and to be signed by the Clerk of Councils, or any document which purports to be a copy of such order and to be certified by the Clerk of Councils, shall, until the contrary is proved, be deemed respectively to be such an order signed by the Clerk of Councils or to be a copy of such an order certified by the Clerk of Councils.

* L

1665

(3) In any proceedings under this Ordinance, an indorsement on any deportation order in Form No. 9 in the Schedule Schedule, which purports to be signed by a police interpreter Form No. 9. or by any police officer, shall, until the contrary is proved, be deemed sufficient evidence that the said deportation order was duly explained to the person named in such order as therein stated. Also any indorsement on any detention warrant purporting to state the date of arrest of any person under the said detention warrant, and purporting to be signed by the officer who made the arrest, shall, until the contrary is proved, be deemed sufficient evidence that the person referred to was arrested on the date stated.

(4) In any proceedings under this Ordinance, it shall, until the contrary is proved, be assumed that the finger prints on any deportation or banishment order which has been produced are those of the person against whom the order was made.

(5) If in any proceedings whatsoever relating to any deportation or banishment order or intended deportation order the person who has been deported or banished or whose deportation has been ordered or whose deportation is being considered alleges that he is a British subject the onus of proving such allegation shall be on such person.

(6) The answers given to the questions set out in Form Schedule No. 2 in the Schedule shall not be admissible in evidence in Form No. 2. any proceedings except in proceedings under this Ordinance.

Governor in

17. The decision of the Governor in Council as to Decision of whether under the provisions of this Ordinance any person Council to is liable to deportation or should be deported shall be final be final. and conclusive for all purposes whatsoever.

Secretary

18. A report shall be made forthwith to the Secretary Report to of State upon the making of any deportation order made of State. under the provisions of section 3 (1) (c).

19. The following Ordinances are repealed

Repeal of Ordinances Nos. 25 of

1917, 34 of

1929 and

The Deportation Ordinance, 1917; the Deportation Amendment Ordinance, 1929; and the Deportation Amend- 7 of 1931. ment Ordinance, 1931.

1666

SCHEDULE.

[ss. 4 (1) and 5 (1).]

FORM No. 1.

WARRANT FOR ARREST AND DETENTION.

HONG KONG.

The Deportation of Aliens Ordinance, 1935.

To the Inspector General of Police and each and all of the police officers of the Colony and to the Secretary for Chinese Affairs and each and all of the District Watchmen of the Colony and to the Superintendent of the Houses of Detention :

Whereas it has been made to appear to me that there are reasonable grounds for inquiry as to whether

should be deported:

These are therefore to command you to arrest the said

and to detain him for a period

of fourteen days from the day on which he is arrested, including the day of arrest.

Dated the

.....day of

FORM NO. 2.

19......

Governor.

QUESTIONS. [ss. 4 (3) and (5) and 16 (6).]

1. What is your name?

2. How old are you?

3. Where were you born?

4. It is alleged against you that

Have you anything to say in answer to this charge or any reason to give why you should not be deported?

5. How long have you resided in this Colony?

6. Have you any relations living in this Colony, and if so,

what are their names and where do they reside?

7. Have you any and what witnesses or other evidence to adduce in support of what you say, and where are such witnesses, if any, to be found?

8. Are you willing to be questioned about this matter?

I hereby certify that the said

made in the

language the answers herein recorded in the English language,

Dated the

Interpreter.

....day of

19......

Assistant to the

Secretary for Chinese Affairs.

[

1667

FORM No. 3.

REPORT.

[8. 4 (8).]

To the Hon. COLONIAL SECRETARY,

HONG KONG.

In accordance with the provisions of the Deportation of Aliens Ordinance, 1935, I have the honour to transmit herewith the certified who has been answers in the English language of

duly examined in accordance with the provisions of the said Ordinance. I also forward herewith the reports on which the allega tions in Question No. 4 were based. My own opinion is

Dated the

...........day of

19......

Secretary for Chinese Affairs.

FORM No. 4.

WARRANT FOR FURTHER DETENTION.

HONG KONG.

The Deportation of Aliens Ordinance, 1935.

[8. 5 (2).]

To the Inspector General of Police and each and all of the police officers of the Colony and to the Secretary for Chinese Affairs and each and all of the District Watchmen of the Colony and to the Superintendent of the Houses of Detention.

Whereas

is detained by you or

one of you by virtue of a warrant issued by me under the provisions of the Deportation of Aliens Ordinance, 1935, and whereas I am satisfied that the said

...ought to be so detained for a further period in order that further inquiry may be made: Now therefore I do hereby order that the aforesaid warrant issued by me shall be of full force and effect for a period of seven days after the date on which it would save for this warrant expire.

Dated the

............day of

19......

1

Governor.

HONG KONG.

the

of

FORM No. 5.

RECOGNIZANCE OF BAIL.

The Deportation of Aliens Ordinance, 1935.

[8. 4 (9).]

In the police court at Victoria in the Colony of Hong Kong on

day of of

19

...of

and personally came before me the undersigned a magistrate of the Colony and severally acknowledged themselves to owe to Our Sovereign Lord the King the several sums following, that is to say the said

the said

?

the sum of the sum of

and the said

the sum of

each to be made and levied of their several goods and chattels lands and

1668

tenements respectively to the use of our said Lord the King His Heirs and Successors if the said

shall fail in the condition

following.

Taken and acknowledged the 19......

..day of

Before me,

Interpreted by

Sworn Interpreter.

Condition

Magistrate.

The condition of the within-written recognizance is such that if the said....

shall appear and surrender him- self into the custody of the police officer in charge at the Central Police Station in the Colony of Hong Kong on the

day of

19...... at

....o'clock in the

noon then the said recognizance to be void or else to stand in full force and virtue.

FORM NO. 6.

[8. 4 (10).]

ORDER FOR DISCHARGE.

HONG KONG.

The Deportation of Aliens Ordinance, 1935.

To the Superintendent of the Houses of Detention.

Whereas

is detained by you in a House of issued under the provisions of the Deportation of Aliens Ordinance, 1935, and whereas His Excellency

Detention by virtue of a warrant

the Governor is satisfied that the said.....

.....ought not to be

further detained and has given me directions accordingly: therefore to command you to release the said

These are

Dated the

day of

19......

Colonial Secretary.

[s. 3 (3).]

!

FORM No. 7.

DEPORTATION ORDER.

The Deportation of Aliens Ordinance, 1935.

Council Chamber, Victoria, in the Colony of Hong Kong, the

...day of

19...

}

Whereas it appears to the Governor in Council that

should be prohibited under the provisions of the Deportation of Aliens Ordinance, 1935, from being within the Colony

for the space of

years (or for life) from the date hereof:

1669

The Governor in Council doth hereby by virtue of the said Ordinance order that the above-named person be prohibited and the said person is hereby prohibited from being in the Colony for the space of time aforesaid from the said date, and doth further order that the period of

      days from the date of the discharge of the said person from prison, or from the date of service upon him of this Order, whichever be the later, be fixed as the time within which the said person shall depart from the Colony aforesaid.

This order is made under sub-section the Deportation of Aliens Ordinance, 1935.

of section 3 of

FORM No. 8.

Clerk of Councils.

[s. 11 (3).]

INDORSEMENT AS TO TIME FOR DEPARTURE.

The Deportation of Aliens Ordinance, 1935.

It is hereby ordered:

:-

(1) That the said

shall depart from the Colony by the S.S.

sailing on or about the

*(2) That the S.S.

sailing on or about the

be substituted for the said S.S.

*(3) That the time within which the said

shall depart from the Colony be extended to the

Dated the

By Command,

Colonial Secretary.

*To be filled up only if necessary.

FORM NO. 9.

[s. 16 (3).]

INDORSEMENT AS TO EXPLANATION OF ORDER.

The Deportation of Aliens Ordinance, 1935.

I, the undersigned police officer hereby certify that on the 19...... I explained the

in the

day of,

within order to the said

language and that I was satisfied that he understood

it.

Dated the

day of

19......

Police Interpreter.

1670

Objects and Reasons.

1. This Ordinance repeals the Deportation Ordinances of 1917, 1929 and 1931 and replaces them by an Ordinance which consolidates with certain amendments those of their provisions which related to the deportation of Aliens.

2. A Table of Correspondence is attached which sets out in detail the variations between the new Ordinance and the Ordinances it replaces.

3. The principal new provisions are:-

(1) Deportation Orders under this Ordinance will only be made against undesirables who are found by the Governor in Council to be aliens. This involves slight changes in the long and short titles, the disappearance of section 4 of Ordinance No. 25 of 1917, as enacted by Ordinance No. 7 of 1931, and of the special form of Deportation Order applicable to British subjects with consequential omissions in the sections now re- enacted as sections 2, 12, 16 (5) and 18.

(2) In section 2 an alien is defined as a person who is not a British subject, a definition which has been taken from section 27 (1) of the British Nationality and Status of Aliens Act, 1914. A further provision in section 2 defines a British subject as a person of British nationality. This new definition. though short is comprehensive. It replaces the provision in Ordinance No. 25 of 1917, which defined a British subject as including a natural-born British subject and a person naturaliz- ed under an Imperial Act or under an Ordinance of the Colony. That definition is considered unsatisfactory because it appeared to throw doubt on the status of the wives of British subjects or aliens, whose nationality is determined by section 10 of the British Nationality and Status of Aliens Act, 1914 (4 & 5 Geo. 5, c. 17) as enacted by the Act of 1933 (23 & 24 Geo. 5, s. 49), and because it apparently included former British subjects who had lost their British nationality.

(3) Section 9, which replaces section 5 of the 1917 Ordinance has been revised so as to give the Inspector General of Police a discretion to release from custody persons on whom deportation orders have been served and an addition has been made to section 11 (a) (which replaces section 6 (a) of the 1917 Ordinance). These two amendments were approved by the Secretary of State in a despatch of the 9th April, 1934.

(4) Section 15 (which replaces section 11 of the 1917 Ordinance) has been revised to include other prisons besides Victoria Gaol.

(5) An eighth question has been added to form No. 2 in the Schedule, asking if the person concerned is willing to be questioned about the matter, and a new sub-section 4 (5) relating thereto has been added. This seems necessary in order to enable the person to give a full statement, if he so desires, the Full Court having held in the Sung Man Cho case, that section 3A (4) enacted in Ordinance No. 7 of 1931 (now replaced by section 4 (4) of the new Ordinance) only authorised supplementary questions confined to the particulars in the statutory questions or allegations and did not authorise the taking of a full statement.

April, 1935.

C. G. ALABASTER,

Attorney General.

1671

TABLE OF CORRESPONDENCE

BETWEEN

THE NEW DEPORTATION OF ALIENS ORDINANCE

AND ORDINANCE No. 25 of 1917.

New Ordinance Section.

Ordinance No. 25 of

1917 Section.

1

1

2

2

Remarks.

"Aliens" substituted for "persons" in long title and

"of aliens' added in short title.

Definition of Alien taken from 4 & 5 Geo. 5, c. 17,

s. 27 (1).

Definition of British subject revised and made com- prehensive see 1 Hailsham's Halsbury paras 781- 803.

Definition of Legal proceeding omitted.

As enacted by No. 7 of 1931, s. 2.

Do.

3

3

4 (1)

3 A (1)

Do.

4 (2)

3 A (2)

4 (3)

3 A (3)

Do. but "and eighth" added in proviso.

4 (4)

8 A (4)

Do. but "in the questions or allegations" added after

"particular".

4 (5)

new

4 (6)

3 A (5)

As enacted by No. 7 of 1931, s. 2; but "and the evidence (if any) given by him and such answers and evidence' substituted for "and such

answers.

As enacted by No. 7 of 1931, s. 2.

4 (7)

3 A (6)

4 (8)

3 A (7)

4 (9)

3 A (8)

4 (10)

3 A (9)

5

3 B

6

4 A

7

4 B

8

4 C

5

10

5 A

Do.

Do.

Do.

Do.

As enacted by No. 7 of 1931, s. 2.

Do.

Do. but a clarifying sentence has been added at the

end.

As amended by No. 18 of 1929, S. 14. Last part redrafted to give I.G.P. a discretion to release from custody.

11

6

"if

.belongs" added in para (a).

1672

Table of Correspondence

BETWEEN

THE NEW DEPORTATION OF ALIENS ORDINANCE AND ORDINANCE No. 25 OF 1917,-Continued.

Ordinance

New Ordinance Section.

No. 25 of

1917 Section.

12

7

13

14

10

15

11

Remarks.

""

As amended by No. 34 of 1929, s. 4; but "made under section 4 shall state the grounds on which it is made and omitted as deportation orders against British subjects are not dealt with in this Ordinance and as the grounds are not stated in the form applicable to aliens.

As amended by No. 7 of 1931, s. 4; but "or a banishment or deportation order made under any repealed Ordinance" substituted for "or made under any Ordinance repealed by this Ordinance". In some repealed Ordinances the word "Banishment" was used instead of "De- portation" See No. 1 of 1882.

As amended by No. 7 of 1931, s. 5.

"or other the principal prison of the Colony" added.

"Superintendent of Prisons" substituted for "Superintendent of Victoria Goal". Reference to the Lai Chi Kok Prisons and the Prison Wards in two Hospitals added.

"or banishment" added.

Do.

As amended by No. 7 of 1931, s. 6; but "issued

under this Ordinance" omitted.

"or banishment" added.

16 (1)

12 (1)

16 (2)

12 (2)

16 (3)

12 (4)

16 (4)

12 (5)

16 (5)

12 (6)

or

16 (6)

12 (7)

17

13

18

14

19

14

Schedule.

Form 1

Schedule.

Form 1

Form 2

Form 3

Form 2

Form 3

Form 4

Form 4

Form 5

Form 6

Form 5

Form 6

Form 7

Form 7A

Form 8

Form 8

Form 9

Form 9

banishment" added "or that

either of his

parents was a British subject at the date of the birth of such person" omitted.

As amended by No. 7 of 1931, s. 7. but reference to

judge omitted.

Repeals of unrepealed Ordinances.

As amended by No. 18 of 1929, s. 14 and No. 7 of

1931, s. 8.

Eighth question is new.

As amended by No. 18 of 1929, s. 14 and No. 7 of

1931, s. 8.

As amended by No. 7 of 1931, s. 8.

As enacted by No. 34 of 1929, s. 5 and amended by

No. 7 of 1931, S. 8.

A

1673

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 254.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

30th August, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

N. L. SMITH,

Colonial Secretary.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 255.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for old Motor Cars", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of September, 1935, for the pur- chase of one Crossley Touring Car, 1921 Model, 20 H.P. with no spares, and one Morris Cowley Touring Car, 1925 Model, 11 H.P., with no spares.

Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $25 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown if any tenderer fails or refuses to carry out his tender should such tender be accepted.

Tenderers may submit tenders for either or both of the cars.

The Government does not bind itself to accept the highest or any tender.

 Forms of tender and further particulars may be obtained from the Manager, Railway Offices, Kowloon.

30th August, 1935.

R. D. WALKER, Manager & Chief Engineer.

:

1674

DISTRICT OFFICE, TAI PO.

No. S. 256.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 25th day of September, 1935.

The Lot is let for the term of one year from the 1st day of July, 1935, as a Fish drying-ground subject to the Special Condition hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

in

Upset

Price.

Acre.

Crown Rent.

No. D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

$

$

1

215

511

Sai Kung.

As per plan deposited in the District Office, North.

'07 acre.

Nil.

.50

SPECIAL CONDITION.

Lease to be subject to cancellation at any time on one month's notice being given by the District Officer, North.

30th August, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, TAI Po.

No. S. 257.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 26th day of September, 1935.

   The Lot is let for the term of one year from the 1st day of July, 1935, as a Timber storing ground subject to the Special Condition hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Price.

Upset Crown

Annual

Acre.

Rent,

No. D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

1 120 3548

Yuen Long Market. As per plan deposited in the

District Office, North.

.33 acre.

Nil.

2.00

SPECIAL CONDITION.

Lease to be subject to cancellation at any time on three months' notice being given by the District Officer, North.

30th August, 1935.

T. MEGARRY, District Officer, North.

1675

DISTRICT OFFICE, TAI PO.

  No. S. 258. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office. Taipo, at 11.30 a m.. on Wednesday, the 25th day of September, 1935.

  The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Building Lots, Serial Nos. 3 and 4 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Serial Nos. 3 and 4 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification, and to Special Conditions hereunder specified.

  The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $100 and $100 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

N.

S.

E.

W.

Contents in Acres, or Square feet.

Annual Upset Crown

Price.

Rent.

feet. feet. feet. feet.

$

$

1

26 978

Shun Wan.

As per plan deposited in the District Office, North.

247 sq.

ft.

.50

ลง

265

100

3

189

1443

Kau Sai.

Kang Hau.

225

3

.50

""

'19 acre.

42

.60

25

4

220

883

Fu Yeung Pik.

*15

17

.20

SPECIAL CONDITION TO SERIAL No. 3.

Only ground crops shall be grown on the Lot.

SPECIAL CONDITION TO SERIAL No. 4.

  The successful bidder shall pay to the Licensee of Foresty Lot No. 211 the sum of $2.00 as compensation for 20 fir trees growing on the Lot.

30th August, 1935.

T. MEGARRY, District Officer, North.

1676

DISTRICT OFFICE, TAI Po.

  No. S. 259. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11.30 a.m., on Thursday, the 26th day of September, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 2 (a) in the above Government Notification.

  The amount to be spent on the building lot in rateable improvements under the General Condition No. 5 is $2,500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

No. D.D. Lot.

N.

Contents in Upset Square feet. Price.

Annual Crown

Rent

E.

W.

feet. feet. feet. feet.

$

$

1 131

862

San Hui, Castle Peak.

As per plan deposited in the District Office, North.

2008 sq. ft.

41

5.00

30th August, 1935.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No. S. 260.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Piling Contract, New Gaol at Stanley ", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of September, 1935 for Concrete piling to buildings for the New Gaol at Stanley.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

28th August, 1935.

R. M. HENDERSON,

Director of Public Works.

1677

PUBLIC WORKS DEPARTMENT.

No. S. 261.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Eastern Pumping Scheme -Pump Houses", will be received at the Colonial Secretary's Office until Noon of Monday, the 16th day of September, 1935, for the construction of two Pump Houses-one at The Eastern Filter Beds and the other at Middle Gap, Hong Kong.

As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $500 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

28th August, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 262.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 16th day of September, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of Sale.

Registry No.

Locality.

N.

Contents in

sq. feet.

Annual Upset Rent. Price.

E.

W.

feet.

feet. feet.

feet.

$

$

About

1

Garden Lot No. 88.

Adjoining Rural Building Lot No. 369, Repulse Bay Road.

As per sale plan.

40,660

94

2,033

30th August, 1935.

R. M. HENDerson,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 9 of 1935,

Notice of Public Examination.

Re Augusto Arthur Mattos, of No. 66, Parkes Street, (First Floor), Kow- loon, Clerk.

NOTIC

1680

(FILE No. 331 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Societa Anonima Egidio Galbani of Melzo, Italy, a company incorporated under the laws of Italy, have, by two NOTICE is hereby given that the Public applications both dated the 4th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks

Examination of Augusto Arthur Mattos

will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 7th day of September, 1935, at 10 a.m.

Dated the 30th day of August, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

(COMPANIES WInding-up.)

No. 3 of 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of the Hong Kong Amuse-

ments Limited.

INDING-UP Order made on the 27th day

WINDING UP, 1935. Date and place of

First Meetings :-

     Creditors, Monday, the 16th day of Septem- ber, 1935, at 10.30 o'clock in the forenoon at the Official Receiver's Office, Supreme Court, Hong Kong.

     Contributories, Monday, the 16th day of September, 1935, at 11.30 o'clock in the fore- noon at the Official Receiver's Office, Supreme Court, Hong Kong.

Dated this 30th day of August, 1935.

JAMES J. HAYDEN, Official Receiver and Provisional Liquidator.

NOTICE OF DISSOLUTION OF

NOTICE

PARTNERSHIP.

is hereby given that the Partner- ship heretofore subsisting between

Wong Siu Cheuk(), Ho Shun Shing Tong (E), Lam Kong Cheong Tong

), Wong

Hang Hin Tong (黃行顯堂), Li Yin

(李現). Lua Tin Lok (倫天樂),

Kwok Shun Chuen (), Chan

(1)

FORMAG

WEGIDIOGAL

BANI

EGIDE CALL PORN

SCAN EGIDIOCAL BANKS

S

MELLE

Recina

ઉરદન ટાઈપ ભગવાન

ITALIAN

ROQUEFORT

3°C 30, ESENNO CAI,LIUS Į

FORMRES

REGINA

SCAN ESIKO GA 30

MELZS

ITALIAN

ROQUEFORT

SecAN EGALLY

MEL20

FORMAGGI

Regina

ACRAM

(2)

ROQUEFORT

ALIAN

MELIS

Regina

Recina

SZÁM ZGINIO CALAE;

MELZO

ROQUEFORE

그리고

ROQUEFORT

MELZO

MELA

EFORT

MEL

in the name of the said Societa Anonima Egidio Galbani who claim to be the

Yu Shan (), Loo Wai Ah (proprietors thereof. 維亞) Leung Chi Fung (梁志峰),

Tai Chung Tong), Wah Chiu Tong (#), Yu Hing Tong 慶堂), Young Chak (楊澤) and

Yue Cheong Tong(裕昌堂) in the

business carried on under the style or firm name of Man Far Printing Ink Works ( 1) at Nos. 143 to 147 Belcher's S reet, Hong Kong, has been dissolved with effect from the 23rd day of August, 1935.

Dated the 30th day of August, 1935.

黃小卓

(WONG SIU CHEUK),

Managing Partner.

The said trade marks have been used by the Applicants in respect of

Cheese, Butter, Milk Products in general, Hams, Bacon, Canned goods (meats, luncheon, cheese fruits) and processed cheese in Class 42.

Registration of Mark No. (2) shall give no right to the exclusive

use of all the words appearing thereon except the word "REGINA" and the

name of the Applicant Company.

Dated the 30th day of August, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Hong Kong.

LOPES AND ALVES, LIMITED.

OTICE is hereby given that Lopes &

N Alves, Limited, on the 6th day of

August, 1935, duly passed an Extraordinary Resolution as follows:-

"That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business and that it is advisable to wind up the same and accordingly that the Com- pany be wound up voluntarily and that A.E.S. Alves be and he is hereby appointed Liquidator for the purpose of such winding up ". which said Extraordinary Resolution duly confirmed on the 27th day of August 1935.

A.E.S. ALVES, Chairman.

Hong Kong, 28th day of August, 1935.

NOTICE OF TRANSFER.

was

1681

(FILE NC. 338 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Company, a corporation organized OTICE is hereby given that Indian Refin-

and existing under the laws of the State of Maine, United States of America, located at Lawrenceville, State of Illinois, United States of America, Manufacturers, have on the 23rd day of April, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

HAVOLINE

in the name of Indian Refining Company, who

claim to be the sole proprietors thereof.

The Trade Mark has been used by the Appli-

cants in respect of Candles, common soap,

detergents, illuminating, heating, or lubricat-

ing oils, matches, and starch, blue and

IN purnance of Section 3 of the fraudulent preparations for laundry purposes in Cla other

of 1923, Notice is hereby given that Wong

Shiu Yin (X) of Victoria, in the

   Colony of Hong Kong, trading under the name or style of "The Service Company" (

衛士公司) on the ground floor of No.

6 Ashley Road, Kowloon in the Dependency of Kowloon in the Colony of Hong Kong is desirous of transferring the business of the said Service Company including the good-will, furniture, fixtures and stock-in-trade to Lau

Man Jack (†) of No. 91, Des

    Vœux Road West, Victoria aforesaid one month from the date hereof.

     The transferee intends to carry on the said business at No. 6 Ashley Road, aforesaid under the firm name of "The Service Com- pany and will not assume the liabilities in- curred by the Transferor in the said business.

"7

Dated the 30th day of August, 1935.

WONG SHIU YIN

(黃少賢)

Intended Transferor, LAU MAN JACK

(劉文)

Intended Transferee.

(FILE No. 328 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Pun Kai

Shiu () of No. 161

(潘家紹)

Des Voeux Road Central, (ground floor), Vic-

toria, in the Colony of Hong Kong, have on the

31st day of July, 1935, applied for the Regis-

tration in Hong Kong, in the Register of Trade

Marks, of the following Trade Mark :-

林治江

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 30th day of August, 1935.

WILKINSON AND GRIST.

Solicitors for the Applicants,

2, Queen's Road Central, Hong Kong.

(FILE No. 346 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tat Hing

N

Company, (A) of No. 95 Jervois Street, (2nd floor), Hong Kong, have, by an application dated the 21st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

標商象

司令興達

(FILE No. 2 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby, given that Sin Shun

trading as Tai Seng Kung of 323 Shanghai Street, Yaumati, Kowloon, Hong Kong, has on the 2nd of January, of 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

公⁑聲⁑大

商標。真像為記

茶眾濟

in the name of Sin Shun trading as Tai Seng Kung, who claims to be the proprietor thereof.

Such trade mark has not hitherto been used

by him in respect of the goods mentioned in his application but it is his intention so to use it forthwith in respect of Medicated Tea in Class 3.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Mark of Hong Kong and of the undersigned.

Registration of this mark shall give no right to the exclusive use of the Chinese characters

茶眾濟 " appearing thereon.

Dated the 28th day of June, 1935.

TAI SENG KUNG,

323 Shanghai Street, Kowloon,

Applicant.

in the name of the said Tat Hing Company,艹灣一聲是保

who claim to be the proprietors thereof.

The said Trade Mark has been used by the

in the name of Pun Kai Shiu, who claim to be applicants in respect of Singlets, and it is their intention to use it forthwith in respect of the proprietor thereof.

underwear and hosiery in Class 38.

The above Mark has been used by the Ap- plicant since the last four years in respect of Substances used as Chinese Medicine in Class 3. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 30th day of August, 1935.

DENNYS & COMPANY, Solicitors for the Applicant, National Bank Building,

Hong Kong.

Registration of the said Trade Mark shall

give no right to the exclusive use of the

(6

Chinese characters 達興公司

appearing thereon.

Dated the 30th day of August, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

要聲明

啓者灣仔街市第廿四號魚檯

一向買

貨無

論用何名字俱用

四仔千明問等 等銀

檯市百免本如找貨

位第卅後檯有並

東轕拖用第

主俱欠何廿

無歸或 涉經揭

謹入 啓日

特手借俱

此人担用檯

東 五位轉無論市 主年 黃黃八 澤月

(FILE NO. 337 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 340 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Apol-NOTICE is hereby given that Zenith Radio Corporation, a corporation organized and existing under the laws of the State of Illinois, U. S. A. with a principal office at 3620, Iron Street, City of Chicago, County of Cook, State af Illinois, United States of America, have on the 16th day of August, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

       linaris Company Limited, of 4 Stratford Place, Oxford Street, London, W.1. England, on the 24th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

"Presta

ENITH

in the name of the said Apollinaris Company Limited, who claim to be the proprietors thereof.

       The Trade Mark has been used by the Appli- cants in respect of the following goods respec- tively, in the following classes respectively, viz:

Syrups, cordials and beverages included in Class 42 and preparations in- cluded in Class 42 for making syrups, cordials and beverages; Mineral and aerated waters, natural and artificial including ginger beer in Class 44.

The Applicants disclaim the right to the ex- clusive use of the representation of the mug appearing in the mark.

Dated the 30th day of August, 1935.

HASTINGS & CO.,

Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE No. 342 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that United

in the name of Zenith Radio Corporation, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention so to use it forthwith, in respect of the following goods :-

Electrical apparatus, radio telephone and telegraph and signaling:

and transmission-of-power apparatus, in Class 8. Dated the 30th day of August, 1935.

(FILE No. 347 of 1935) TRADE MARKS ORDINANCE, 1909.

No

Application for Registration of

a Trade Mark.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

[OTICE is hereby given that the Amoy

Canning Corporation Limited,

(FILE No. 333 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kwong Tin Tak Firework Manufacturing Company, of No. 254, Des Voeux Road Central, First

States) Floor, Hong Kong, have on the 7th day of

        Drug Store, of No. 5, Wing Lok Street, Ground floor, Victoria, in the Colony of Hong Kong, have on the 16th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

名著界世。

丸 台科司美製特

MESCO

Special

The Most Acute

EFFective And Chronic

DIRECTIONS

2 TABLETS A TIME

ONE YOUR AFTER EVERY

MEAL THREE TIMES A DAY SOLE AGENTS & DISTRIBUTOR:-

THE UNITED STATES DRUG STORE. HONGKONG.

of New Kowloon Inland Lot No. 53, Kowloon, in the Colony of Hong Kong, General Merchants,

on the 22nd day of August, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

司公限有頭躍同大化淘門厦

1

THE AMOY CANNING CORPORATION LTD

in the name of the Amoy Canning Corporation

Limited, (廈門淘化大同灌頭

in the name of United States Drug Store, who) who claim to be the pro-

claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since the year 1934 in Class 3 in res- pect of Medicines and Medicated Articles.

The applicants disclaim the right to the ex- clusive use of the word "Special" appearing thereon.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second floor,

Hong Kong.

prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 42 in respect of Preserved meats, fruits, vegetables, soy and other preserved edibles.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 30th day of August, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark :-

MADE

-IN

CHINA

徳天光

TJAP KING KONG

KHÔNG TIN TÁ

HONG KONG.

in the name of Kwong Tin Tak Firework Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used

by the applicants but it is their intention so to use it forthwith in respect of Fireworks and firecrackers in Class 20.

Representations of the Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 30th day of August, 1935.

KWONG TIN TAK FIREWORK MFG., COMPANY,

Hong Kong, Applicants.

NOTICE

(FILE No. 239 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Eight Trade Marks.

[OTICE is hereby given that Standard-Vacuum Oil Company, of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broadway, New York City, New York, United States of America, and Union Building, Victoria, Hong Kong, have on the 28th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

SURETT

(3)

MARINEX

(5)

(2)

KUBOLA

(4)

MARMAX

TELO-MAR

(6)

CYLO-MAR

(7)

ZERO-MAR

(8)

ESSO-MAR

in the name of Standard-Vacuum Oil Company, who claim to be the proprie- tors thereof.

     Marks Nos. (3) and (4) are associated with each other; (5), (6), (7) and (8) are associated with one another, and (8) is also associated with Nos. 89, 90, 91, and 92 of 1935.

     The above marks have not hitherto been used by the applicants but it is their intention to use them in respect of Petroleum and products of petro- leum with or without admixture of other materials and in particular, lubricat- ing oils and greases in Class 47.

Dated the 28th day of June, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY, Asst. General Manager.

(FILE No. 258 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Hong

Kong Rubber Manufactory Limited whose registered office is situate at No. 41 Belchers Street, Kennedy Town, in the Colony of Hong Kong, have, on the 24th day of June, 1935, applied for registration in Hong Kong, respect of rubber shoes, of the following Trade in the register of Trade marks in Class 38 in

Trade

i

Mark

British Empire Made.

in the name of Hong Kong Rubber Manufactory Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since June, 1935.

Dated the 28th day of June, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 218 of 1934)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark,

OTICE is hereby given that The Chung

Wo Knitting Company, of Nos. 12, 14 and 16, Fuk Chuen Street, Taiko ktsui, Hong Kong, Knitting Manufacturers, have on the 23rd day of May, 1934, applied for the regis tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

-

CHUNG WID KNITTING G

RIK XQ CD=

in the name of The Chung Wo Knitting Com- pany, who claim to be the proprietors thereof.

The Trade Mark has been used by The Chung Wo Knitting Company in respect of singlets in Class 38 and is intended to be used by The Chung Wo Knitting Company in respect of hosiery in Class 38.

Registration of this Mark shall give no right to the exclusive use of the words "Chung Wo" in English and Chinese.

Dated the 28th day of June, 1935.

THE CHUNG WO KNITTING CO.

Applicants.

NOTICE

1684

(FILE NO. 201 of 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four Trade Marks.

OTICE is hereby given that Morinaga Rennyu Kaisha, Limited, (Morinaga Condensed Milk Co., Ltd). of No. 12, 1 chome Tamachi Shiba-ku, Tokio, Japan, on the 9th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

TRADE

MARK

(1)

NET WEIGHT 450 Grs.

THREE STAR

MILK POWDER

THE NATURAL MILK FOOD

for INFANTS AND INVALID,

( 3 )

AEROPLANE

TRADE

MARK

UNSWEETENED

STERILIZED EVAPORATED

MILK

141⁄2 ozs.

FOOK SAU BRAND

108

(2)

MARK

福壽

(4)

TRADE

FULL CREAM

SWEETENED CONDENSED MILK

NET WEIGHT 14OZS

WULOO BRAND

TRADE

正牌

8

MARK

MACHINE SKIMMED

SWEETENED CONDENSED MILK

NET WEIGHT 14OZS

in the name of the said Morinaga Rennyu Kaisha, Limited (Morinaga Condensed Milk Co., Ltd)., who claim to be the proprietors thereof.

66

The following Trade Marks are intended to be used by the Applicants as follows:--

1. Three Star" in respect of Milk Powder in Class 42.

2.

Fook Sau Brand" in respect of Condensed Milk in Class 42.

3. "Aeroplane" in respect of Canned Milk in Class 42.

66

4.

Wu Loo Brand

""

in respect of Condensed Milk in Class 42.

Dated the 28th day of June, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, Hong Kong.

t

1685

(FILE No. 248 or 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for the Registration of a Trade Mark.

NOTICE is hereby given that Vince Laboratories Incorporated of No. 113

W. 18th Street, New York in the United States of America, have on the 15th day of June, 1935, applied for registration of the following Trade Mark :-

EOL AUVOOOV 35X STALS MIN

Burdawgseno poor

130 20 3 SINILNOJ

DIRECTIONS

As. o mouthwash ar gargle, dissolve one teaspoonful of Vince in

■ half glass of warm water. Rinse the mouth thoroughly, forcing

liquid between teeth. Repeat several times daily-Follow your dentist's or physician's directions.

WICZ LABORATORIES, INC.

LABORATORES

VINCE

FOR MOUTH HYGIENE

EFFECTIVE REFRESHING

FOR USE AS A

DENTIFRICE

Use a sol, moi,trand, toothbrush Pour Vineg dwestly on the brush, ar of preferred, into palm of

hand, and pick up with brush After brushing rath and gums rinse mouth moroughly. Us hard

brush for dental plates.

For other uses consult yoWN'

dentist a physician

KEEP CAN CLOSED

MADE IN 1.5

REY, 1934 -

VINCE

FOR MOUTH HYSENE

EFFECT WĶ

REFRESHING /

14153 7

THE COMBINED ANTISEPTIC DENTIFRCY AND MOUTHWASH

THE JÓKABYED ANTISUTIC DÉNTING AND MOUTHWASH

in the name of the said Vince Laboratories Incorporated, who claim to be the sole proprietors thereof.

The mark has been used by the Applicants since 1933 in respect of dentifrice in Class 48.

11

The applicants disclaim the right to the exclusive use of all the words and numerals appearing on the mark with the exception of the word "Vince and the applicants' name.

Facsimiles of the mark may be seen at the offices of the Registrar of the undersigned.

Dated the 28th day of June, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

H

1688

LEGISLATIVE COUNCIL.

No. S. 263.-The following Bill was read a first time at a meeting of the Council held on the 5th September, 1935 :-

C.S.O. 1068/15. C. Pt. II.

No. 9/32-29.4.35.-4.]

A BILL

Short title.

Interpreta- tion.

Deportation

Order

against

any alien. Summary procedure.

Deportation Order against an alien, Long procedure.

Deportation

Order

against

INTITULED

An Ordinance to consolidate and amend the law relating to

the deportation of undesirable aliens.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, follows:-

as

1. This Ordinance may be cited as the Deportation of Aliens Ordinance, 1935.

2. In this Ordinance,

(a) "Alien" means a person who is not a British subject. (b) "British subject" means a person of British nationality.

3.-(1) The Governor in Council may at any time summarily issue a deportation order against any person whom he finds to be an alien :-

(a) if in the opinion of the Governor in Council he has been deported or banished from the United Kingdom, from any British possession or from any territory which is under His Majesty's protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty's dominions; or

(b) if the alien has been convicted in the Colony of any offence; or

(c) in any special case not falling under paragraph (a) or (b) of this sub-section, if the Governor in Council deems it to be conducive to the public good to make summarily a deportation order against the alien.

(2) The Governor in Council may also at any time issue a deportation order against any person whom he finds to be an alien if upon any inquiry in the manner prescribed in section 4 he is of opinion that the alien should be deported.

(3) Any deportation order issued under the provisions of this section may be in Form No. 7 in the Schedule.

alien.

Schedule Form

No. 7.

1689

detention

4.-(1) The Governor may, whenever it shall appear to Arrest, him that there are reasonable grounds for inquiry as to and inquiry. whether any person should be deported, issue a warrant in Form No. 1 in the Schedule authorising the arrest of such Schedule person and his detention for a period not exceeding fourteen Form No. 1. days.

(2) Any person arrested under such warrant may be detained in the custody of any officer referred to in the said warrant and may be transferred from the custody of such officer to any other such officer as often as may be desirable.

(3) So soon as conveniently may be after the arrest of any person under any such warrant, the Secretary for Chinese Affairs or one of the Assistants to the Secretary for Chinese Affairs, or a District or Assistant District Officer. shall interview the person so arrested and shall ask such person the questions set forth in Form No. 2 in the Schedule Schedule Provided, however, that, if such person does not in answer to the fourth question in the said form say anything in answer to the charge preferred against him or give any reason why he should not be deported, it shall not be necessary for such person to be asked to answer the fifth, sixth, seventh and eighth questions in the said form.

(4) The officer who interviews such person may, in addition to the questions specified in the said form, ask him any other questions which such officer may think desirable for the purpose of elucidating his answers or for the purpose of directing his attention to any particular in the questions or allegations which appears to such officer to require a reply or further reply.

(5) If in answer to the eighth question the person expresses willingness to be questioned about the matter, his evidence shall be taken, but not on oath, by such officer, who may examine and cross-examine him and any witness to such extent as he considers reasonable.

(6) The officer who interviews such person shall take down in English, with or without the assistance of an interpreter and whether such interpreter be sworn or not, a full record of the answers given by the person interviewed to the questions asked him, and of the evidence (if any) given by him and such answers and evidence so taken down by such officer shall be read over to such person and may if such person is willing so to do be signed or in other manner signified as correct by such person and by the interpreter if any be employed.

(7) The said officer shall place on record in a form convenient for the consideration of the Governor in Council the reports on which the allegations in the fourth question were based, the statements of witnesses and other evidence adduced by such person and any further statements or evidence which it becomes necessary to adduce in consequence thereof and he may from time to time adjourn the proceedings for the purpose.

(8) So

Form No. 2.

soon as conveniently may be thereafter the Secretary for Chinese Affairs shall transmit to the Colonial Secretary a report in Form No. 3 in the Schedule for the schedule consideration of the Governor in Council.

Form No. 3.

1690

(9) A magistrate may at any time after the conclusion of the interview referred to in sub-section (3) and after the examination of the witnesses called by the person in question, or at any previous time with the consent of the Secretary for Chinese Affairs, admit to bail any person in custody under any warrant issued under this section upon such security as in the opinion of the magistrate will be sufficient to ensure the appearance and surrender of such person at the Central Police Station at any specified date and time. The recognizance of bail may be in Form No. 5 in the Form No. 5. Schedule.

Schedule

Schedule

(10) The Colonial Secretary by direction of the Governor may by order in Form No. 6 in the Schedule direct the release Form No. 6. of any person under any such warrant as aforesaid, and on receipt of such order the Superintendent of the House of Detention shall release such person.

Detention Warrants. Schedule

Form No. 1.

Schedule

Form No. 4.

Exclusion of necessity

for steps not expressly provided for.

Previous

proceedings

5.-(1) A warrant in Form No. 1 in the Schedule may be used also where the summary procedure authorised by section 3 (1) is adopted, provided the Governor is satisfied that detention is necessary in order that the proceedings may be completed.

(2) In proceedings under this Ordinance the Governor may from time to time by warrant authorise the detention of a person already in custody for a further period of seven days from the date of the expiration of the previous warrant or of the sentence as the case may be, provided the Governor is satisfied that the said person ought to be detained in order that further inquiry may be made or the existing proceedings completed. A warrant under this sub- section may be in Form No. 4 in the Schedule with such variation as the case may require.

6. No steps or proceedings whatsoever other than those expressly specified in this Ordinance shall be necessary to the validity of any deportation order made or purporting to have been made under this Ordinance.

7. No proceedings whatsoever connected in any manner deportation with any consideration or inquiry under the provisions of to be no bar this Ordinance, or with any other consideration or inquiry to subsequent with a view to deportation made before or after the com- proceedings. mencement of this Ordinance under the provisions of any other enactment, shall be any bar to any subsequent consideration or inquiry under the provisions of this Ordinance or to the making of any deportation order thereon.

deportation

Court or magistrate may recommend deportation of convicted alien.

Service of deportation order and arrest.

8. If any court or magistrate has convicted. any alien of any offence, the court or magistrate may recommend that a deportation order should be made in his case either in addition to or in lieu of sentence; but the existence or absence of such a recommendation shall not be deemed to affect the powers of the Governor in Council under this Ordinance.

9.-(1) So soon as conveniently may be after the issue of any deportation order issued under the provisions of this Ordinance, the Inspector General of Police shall cause a copy of such deportation order to be served on the person against whom it is made.

i

1691

(2) If in the opinion of the Inspector General of Police it is necessary that such person should not remain at large pending the departure of such person from the Colony, such person, if on bail or otherwise at large may then be taken into custody, and if already in custody may be kept in custody, and shall be in either case deemed to be under lawful arrest and in lawful custody until he leaves the Colony or until the Inspector General of Police sees fit to order his prior release.

be deemed

10. Where any deportation order under this Ordinance Deported is in force against any person, that person shall, unless the person to Governor otherwise directs, be deemed for the purposes of to retain his the order to retain his nationality as the date of the order nationality. notwithstanding any intervening naturalization, marriage or any other event.

a deportee

11.-(1) Whenever a deportation order shall have been Power to issued against any person, it shall be lawful for the Governor, order that if he considers it desirable to do so, by order under the hand shall depart of the Colonial Secretary, to do all or any of the following by a things:-

(a) to order that the person against whom the deportation order has been issued shall depart from the Colony by a particular train, or by a particular ship whatever the immediate or ultimate destination of the said ship. if such destination is in a country or other territory to which. in the opinion of the Governor, such person properly belongs.

(b) in case it may in the opinion of the Governor be impracticable or inexpedient that such person should depart from the Colony by any train or ship by which he has been ordered to depart to substitute as often as may be necessary another train or ship as the train or ship by which such person shall depart from the Colony;

(c) to extend from time to time the time within which such person shall depart from the Colony;

:

Provided that where extradition proceedings have been previously taken against any such person, and the said proceedings have resulted in the discharge of such person either by a magistrate or by the Supreme Court on habeas corpus, nothing in this sub-section shall be construed as empowering the Governor to order such person to leave the Colony by any ship the immediate destination of which is a place in the territory of the state by which the surrender of such person was demanded, or otherwise to compel such person to enter the territory of such state.

(2) Any order made under sub-section (1) shall be sufficient authority to all police officers and to the master and crew of the ship to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry out such order.

(3) Any order made under this section may be indorsed on the deportation order and may be in Form No. 8 in the Schedule or as near thereto as the cricumstances may permit.

12. Every deportation order shall state the period during which it is to apply and shall fix the time within which the person against whom it is made shall depart from the Colony.

particular train or ship.

Schedule Form No. 8.

Period of application limited

and time

for departure to be

stated in deportation order.

J

Penalty for return from deportation or banish- ment.

Fenalty for harbouring.

Houses of Detention.

Evidence.

1692

13.-(1) Every person who is prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, and who without lawful authority or excuse is within the Colony after the date fixed by such order for his departure and before the expiration of the period of his deportation or banishment, shall be guilty of a misdemeanor.

(2) Where any such person is convicted summarily before a magistrate, he shall be liable to imprisonment for any term not exceeding one year.

(3) Where any such person is convicted on indictment, he shall be liable to imprisonment for any term not exceeding five years in cases where the period of deportation or banishment exceeded fifteen years, to imprisoment for any term not exceeding three years in cases where the period of deportation or banishment did not exceed fifteen years but exceeded five years, and to imprisonment for any term not exceeding two years in cases where the period of deportation or banishment did not exceed five years.

(4) Where the period of deportation or banishment is for life, such period shall be deemed to exceed fifteen years for the purposes of this section.

14. Every person, who without lawful authority or excuse knowingly harbours or conceals any person who is prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

15. The Governor may appoint any building or portion of a building to be a House of Detention for the purposes of this Ordinance and any person to be Superintendent of such House, and in default of such appointments Victoria Gaol, or other the principal prison of the Colony, the Prison for males at Lai Chi Kok, the Prison for females at Lai Chi Kok and the Prison Wards at the Government Civil Hospital and the Kowloon Hospital shall be Houses of Detention and the Superintendent of Prisons shall be the Superintendent of the Houses of Detention.

16. (1) In any proceedings whatsoever, a deportation or banishment order signed by the Clerk of Councils, or a copy of such order certified by the Clerk of Councils, shall be deemed conclusive evidence that the order was duly and validly made and issued against the person named in such order and that the order was made on the date therein specified

(2) In any proceedings whatsoever, any document which purports to be a deportation or banishment order and to be signed by the Clerk of Councils, or any document which purports to be a copy of such order and to be certified by the Clerk of Councils, shall, until the contrary is proved, be deemed respectively to be such an order signed by the Clerk of Councils or to be a copy of such an order certified by the Clerk of Councils.

1693

an

(3) In any proceedings under this Ordinance, indorsement on any deportation order in Form No. 9 in the Schedule Schedule, which purports to be signed by a police interpreter Form No. 9. or by any police officer, shall, until the contrary is proved, be deemed sufficient evidence that the said deportation order was duly explained to the person named in such order as therein stated. Also any indorsement on any detention warrant purporting to state the date of arrest of any person under the said detention warrant, and purporting to be signed by the officer who made the arrest, shall, until the contrary is proved, be deemed sufficient evidence that the person referred to was arrested on the date stated.

(4) In any proceedings under this Ordinance, it shall, until the contrary is proved, be assumed that the finger prints on any deportation or banishment order which has been produced are those of the person against whom the order was made.

(5) If in any proceedings whatsoever relating to any deportation or banishment order or intended deportation order the person who has been deported or banished or whose deportation has been ordered or whose deportation is being considered alleges that he is a British subject the onus of proving such allegation shall be on such person.

(6) The answers given to the questions set out in Form Schedule No. 2 in the Schedule shall not be admissible in evidence in Form No. 2. any proceedings except in proceedings under this Ordinance.

Governor in

17. The decision of the Governor in Council as to Decision of whether under the provisions of this Ordinance any person Council to is liable to deportation or should be deported shall be final be final. and conclusive for all purposes whatsoever.

Report to

18. A report shall be made forthwith to the Secretary Secretary of State upon the making of any deportation order made of State. under the provisions of section 3 (1) (c).

19. The following Ordinances are repealed :-

Repeal of Ordinances Nos. 25 of

1917, 34 of

1929 and

The Deportation Ordinance, 1917; the Deportation Amendment Ordinance, 1929; and the Deportation Amend- 7 of 1931. ment Ordinance, 1931.

1694

SCHEDULE.

FORM No. 1.

[ss. 4 (1) and 5 (1).7

WARRANT FOR ARREST AND DETENTION.

HONG KONG.

The Deportation of Aliens Ordinance, 1935.

To the Inspector General of Police and each and all of the olice officers of the Colony and to the Secretary for Chinese Affairs and each and all of the District Watchmen of the Colony and to the Superintendent of the Houses of Detention:

Whereas it has been made to appear to me that there are reasonable grounds for inquiry as to whether

should be deported:

These are therefore to command you to arrest the said

and to detain him for a period

of fourteen days from the day on which he is arrested, including the day of arrest.

Dated the

....day of

FORM NO. 2.

19......

Governor.

QUESTIONS. [ss. 4 (3) and (5) and 16 (6).]

1. What is your name?

2. How old are you?

3. Where were you born?

4. It is alleged against you that

Have you anything to say in answer to this charge or any reason to give why you should not be deported?

5. How long have you resided in this Colony?

6. Have you any relations living in this Colony,

what are their names and where do they reside?

and if so,

7. Have you any and what witnesses or other evidence to adduce in support of what you say, and where are such witnesses, if any, to be found?

8. Are you willing to be questioned about this matter?

I hereby certify that the said

made in the

language the answers herein recorded in the English language.

Dated the

Interpreter.

.....day of

19......

Assistant to the

Secretary for Chinese Affairs.

1695

FORM No. 3.

REPORT.

To the Hon. COLONIAL SECRETARY,

HONG KONG,

[s. 4 (8).]

In accordance with the provisions of the Deportation of Aliens Ordinance, 1935, I have the honour to transmit herewith the certified answers in the English language of

who has been

duly examined in accordance with

accordance with the provisions of the said Ordinance. I also forward herewith the reports on which the allega- tions in Question No. 4 were based. My own opinion is

Dated the

....day of

19......

Secretary for Chinese Affairs.

FORM No. 4.

[8. 5 (2).]

HONG KONG.

WARRANT FOR FURTHER DETENTION.

The Deportation of Aliens Ordinance, 1935.

To the Inspector General of Police and each and all of the police officers of the Colony and to the Secretary for Chinese Affairs and each and all of the District Watchmen of the Colony and to the Superintendent of the Houses of Detention.

Whereas

is detained by you or

one of you by virtue of a warrant issued by me under the provisions of the Deportation of Aliens Ordinance, 1935, and whereas I am satisfied that the said

            ..ought to be so detained for a further period in order that further inquiry may be made: Now therefore I do hereby order that the aforesaid warrant issued by me shall be of full force and effect for a period of seven days after the date on which it would save for this warrant expire.

Dated the

...day of

19......

>

Governor.

HONG KONG.

the

of

FORM No. 5.

RECOGNIZANCE OF BAIL.

The Deportation of Aliens Ordinance, 1935.

[8. 4 (9).]

In the police court at Victoria in the Colony of Hong Kong on

day of.... of

19

,

and

>

7

....of

personally came before me the undersigned a magistrate of the Colony and severally acknowledged themselves to owe to Our Sovereign Lord the King the several sums following, that is to say the said

the sum of the sum of

the said

and the said

the sum of

each to be made and levied of their several goods and chattels lands and

7

1696

tenements respectively to the use of our said Lord the King His Heirs and Successors if the said

shall fail in the condition

following.

Taken and acknowledged the

......day of

19......

Before me,

Magistrate.

Interpreted by

Sworn Interpreter.

Condition

The condition of the within-written recognizance is such that if the said

           shall appear and surrender him- self into the custody of the police officer in charge at the Central Police Station in the Colony of Hong Kong on the

day of

19...... at

.o'clock in the

noon then the said recognizance to be void or else to stand in full force and virtue.

FORM No. 6.

[s. 4 (10).]

ORDER FOR DISCHARGE.

HONG KONG.

The Deportation of Aliens Ordinance, 1935.

To the Superintendent of the Houses of Detention.

Whereas

          is detained by you in a House of Detention by virtue of a warrant issued under the provisions of the Deportation of Aliens Ordinance, 1935, and whereas His Excellency the Governor is satisfied that the said....

.....ought not to be

further detained and has given me directions accordingly: These are therefore to command you to release the said

Dated the

day of

19......

"

Colonial Secretary.

FORM No. 7.

DEPORTATION ORDER.

The Deportation of Aliens Ordinance, 1935.

[s. 3 (3).]

Council Chamber, Victoria, in the Colony of Hong Kong, the

.......day of

19...

Whereas it appears to the Governor in Council that

should be prohibited under the provisions of the

Deportation of Aliens Ordinance, 1935, from being within the Colony

for the space of

years (or for life) from the date hereof:

1697

The Governor in Council doth hereby by virtue of the said Ordinance order that the above-named person be prohibited and the said person is hereby prohibited from being in the Colony for the space of time aforesaid from the said date, and doth further order that the period of

days from the date of the discharge of the said person from prison, or from the date of service upon him of this Order, whichever be the later, be fixed as the time within which the said person shall depart from the Colony aforesaid.

This order is made under sub-section the Deportation of Aliens Ordinance, 1935.

of section 3 of

FORM NO. 8.

Clerk of Councils.

[s. 11 (3).]

INDORSEMENT AS TO TIME FOR DEPARTURE,

The Deportation of Aliens Ordinance, 1935

It is hereby ordered:

(1) That the said

shall depart from the Colony by the S.S.

sailing on or about the

*(2) That the S.S.

sailing on or about the

be substituted for the said S.S.

*(3) That the time within which the said

shall depart from the Colony be extended to the

Dated the

By Command,

Colonial Secretary.

*To be filled up only if necessary.

FORM NO. 9.

[s. 16 (3).]

INDORSEMENT AS TO EXPLANATION OF ORDER.

The Deportation of Aliens Ordinance, 1935.

I, the undersigned police officer hereby certify that on the

day of,

within order to the said

1

19...... I explained the

in the

language and that I was satisfied that he understood

it.

Dated the

day of

19......

Police Interpreter.

1698

Objects and Reasons.

1. This Ordinance repeals the Deportation Ordinances of 1917, 1929 and 1931 and replaces them by an Ordinance which consolidates with certain amendments those of their provisions which related to the deportation of Aliens.

2. A Table of Correspondence is attached which sets out in detail the variations between the new Ordinance and the Ordinances it replaces.

3. The principal new provisions are:-

(1) Deportation Orders under this Ordinance will only be made against undesirables who are found by the Governor in Council to be aliens. This involves slight changes in the long and short titles, the disappearance of section 4 of Ordinance No. 25 of 1917, as enacted by Ordinance No. 7 of 1931, and of the special form of Deportation Order applicable to British subjects with consequential omissions in the sections now re- enacted as sections 2, 12, 16 (5) and 18.

(2) In section 2 an alien is defined as a person who is not a British subject, a definition which has been taken from section 27 (1) of the British Nationality and Status of Aliens Act, 1914. A further provision in section 2 defines a British subject as a person of British nationality. This new definition though short is comprehensive. It replaces the provision in Ordinance No. 25 of 1917, which defined a British subject as including a natural-born British subject and a person naturaliz- ed under an Imperial Act or under an Ordinance of the Colony. That definition is considered unsatisfactory because it appeared to throw doubt on the status of the wives of British subjects or aliens, whose nationality is determined by section 10 of the British Nationality and Status of Aliens Act, 1914 (4 & 5 Geo. 5, c. 17) as enacted by the Act of 1933 (23 & 24 Geo. 5, s. 49), and because it apparently included former British subjects who had lost their British nationality.

(3) Section 9, which replaces section 5 of the 1917 Ordinance has been revised so as to give the Inspector General of Police a discretion to release from custody persons on whom deportation orders have been served and an addition has been made to section 11 (a) (which replaces section 6 (a) of the 1917 Ordinance). These two amendments were approved by the Secretary of State in a despatch of the 9th April, 1934.

(4) Section 15 (which replaces section 11 of the 1917 Ordinance) has been revised to include other prisons besides Victoria Gaol.

(5) An eighth question has been added to form No. 2 in the Schedule, asking if the person concerned is willing to be questioned about the matter, and a new sub-section 4 (5) relating thereto has been added. This seems necessary in order to enable the person to give a full statement, if he so desires, the Full Court having held in the Sung Man Cho case, that section 3A (4) enacted in Ordinance No. 7 of 1931 (now replaced by section 4 (4) of the new Ordinance) only authorised supplementary questions confined to the particulars in the statutory questions or allegations and did not authorise the taking of a full statement.

April, 1935.

C. G. ALABASTER,

Attorney General.

1699

TABLE OF CORRESPONDENCE

BETWEEN

THE NEW DEPORTATION OF ALIENS ORDINANCE

AND ORDINANCE No. 25 of 1917.

New Ordinance Section

Ordinance No. 25 of

1917 Section.

N

1

1

Remarks.

2

'Aliens' substituted for "persons" in long title and

"of aliens" added in short title.

Definition of Alien taken from 4 & 5 Geo. 5, c. 17,

s. 27 (1).

Definition of British subject revised and made com- prehensive see 1 Hailsham's Halsbury paras 781- 803.

Definition of Legal proceeding omitted.

As enacted by No. 7 of 1931, s. 2.

Do.

Do.

3

3

4 (1)

3 A (1)

4 (2)

3 A (2)

4 (3)

3 A (3)

Do.

but "and eighth" added in proviso.

4 (4)

3 A (4)

Do. but "in the questions or allegations" added after

"particular".

4 (5)

new

4 (6)

3 A (5)

As enacted by No. 7 of 1931, s. 2; but "and the evidence (if any) given by him and such answers and evidence" substituted for "and such

answers.

""

As enacted by No. 7 of 1931, s. 2.

4 (7)

3 A (6)

4 (8)

3 A (7)

4 (9)

3 A (8)

4 (10)

3 A (9)

5

3 B

6

4 A

7

4 B

8

4 C

Do.

9

5

10

5 A

Do.

Do.

Do.

Do.

As enacted by No. 7 of 1931, s. 2.

Do.

but a clarifying sentence has been added at the end.

14. Last part redrafted to give I.G.P. a discretion to release. from custody.

As amended by No. 18 of 1929, s.

11

6

"if

..belongs" added in para (a).

1700

Table of Correspondence

BETWEEN

THE NEW DEPORTATION OF ALIENS ORDINANCE AND ORDINANCE No. 25 OF 1917,-Continued.

Ordinance

New Ordinance Section.

No. 25 of

1917 Section.

12

7

19

14

10

15

11

16 (1)

12 (1)

16 (2)

12 (2)

16 (3)

12 (4)

16 (4)

12 (5)

12 (6)

16 (5)

16 (6)

12 (7)

17

13

18

14

19

14

Schedule.

Schedule.

Form 1

Form 1

Form 2

Form 3

Form 2

Form 3

Form 4

Form 4

Form 5

Form 6

Form 5

Form 6

Form 7

Form 7A

Form 8

Form 8

Form 9

Form 9

Remarks.

"}

As amended by No. 34 of 1929, S. 4; but "made under section 4 shall state the grounds on which it is made and omitted as deportation orders against British subjects are not dealt with in this Ordinance and as the grounds are not stated in the form applicable to aliens.

As amended by No. 7 of 1931, s. 4; but "or a banishment or deportation order made under any repealed Ordinance" substituted for "or made under any Ordinance repealed by this Ordinance". In some repealed Ordinances the word "Banishment" was used instead of "De- portation" See No. 1 of 1882.

As amended by No. 7 of 1931, s. 5.

"or other the principal prison of the Colony" added.

"Superintendent of Prisons" substituted for "Superintendent of Victoria Goal". Reference to the Lai Chi Kok Prisons and the Prison Wards in two Hospitals added.

'or banishment" added.

Do.

As amended by No. 7 of 1931, s. 6; but "issued

under this Ordinance" omitted.

"or banishment" added.

"or banishment" added or that either of his parents was a British subject at the date of the birth of such person" omitted.

As amended by No. 7 of 1931, s. 7. but reference to

judge omitted.

Repeals of unrepealed Ordinances.

As amended by No. 18 of 1929, s. 14 and No. 7 of

1931, s. 8.

Eighth question is new.

As amended by No. 18 of 1929, s. 14 and No. 7 of

1931, s. 8.

As amended by No. 7 of 1931, s. 8.

As enacted by No. 34 of 1929, s. 5 and amended by

No. 7 of 1931, s. 8.

1701

Draft Bill.

No. S. 264.-The following Bill is published for general information :-

(C.S.O. 4798/35.)

A BILL

[No. 23-3.7.35.-4.]

INTITULED

An Ordinance to consolidate and amend the law regulating

the registration of practitioners in medicine and surgery.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Medical Registra- Short title. tion Ordinance, 1935.

2. In this Ordinance (a) Person registered ", or words to the like effect, shall be deemed to refer to a person registered under this Ordinance.

(b) "Practise" includes the diagnosis of any form or forms of disease whether the cases diagnosed be treated medically or surgically or not: Provided that laboratory assistants who work for or under a registered practitioner shall not by reason only of such laboratory work be deemed to practise medicine or surgery.

Interpreta-

tion.

Chinese

according

3. Nothing in this Ordinance shall be deemed to Saving of affect the right of any Chinese person to practise medicine or rights of surgery according to purely Chinese methods and to demand persons who and recover reasonable charges in respect of such practice: practise Provided that such person does not take or use any name, to Chinese title or addition calculated to induce anyone to believe that methods. he is qualified to practise medicine or surgery according to modern scientific methods.

tioners.

4. (1) The Director of Medical and Sanitary Services Register of shall keep a register of medical and surgical practitioners practi- qualified to practise medicine and surgery in this Colony, as nearly as may be according to Form No. 1 in the First First Schedule.

Schedule Form No. 1.

(2) Such register shall be divided into two parts. Part I shall contain the names of persons qualified to practise medicine and surgery generally. Part II shall contain the names of persons authorised by the Governor to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934, under Ordinance the proviso to section 9 (1) of this Ordinance.

No. 21 of 1934.

Publication of copy of

register and of additions

to the register.

Making alterations in register.

Subject to Stamp Ordinances registered person may practise and

recover

charges.

Unregistered person not to recover charges.

Avoidance

of certificate

of unregister- ed person. Exceptions.

Ordinance No. 21 of 1934.

1702

(3) Every person registered shall furnish to the Medical Board an address within the Colony at which all notices from the Medical Board may be served on him. This address shall be entered in the register.

5. The names of persons added to the register shall be published in the Gazette. A copy of the register as it then stands shall be published by the Director of Medical and Sanitary Services in the first Gazette issued after every 3rd of May. The absence of the name of any person therefrom and from subsequent issues of the Gazette shall be prima facie evidence that such person is not registered: Provided that the latest copy of the register and the latest list of persons authorised to sign medical certificates of the cause of death published under any Ordinance repealed by this Ordinance shall be effective until replaced under this section.

6. (1) The Director of Medical and Sanitary Services shall make the necessary alterations in the addresses or qualifications of the persons registered, and cancel in the register the names of all persons registered who have died or ceased to be qualified.

(2) The Director of Medical and Sanitary Services may send a letter to any registered person addressed to him according to his address in the register, to inquire whether he has changed his residence, and if he does not receive an answer within six months he may cancel the name of such person.

7. Subject to the provisions of any Ordinance relating to stamp duty, every registered person shall be entitled to practise medicine and surgery in this Colony, and, except in the case of a person whose conditions of employment do not permit him to do so, to demand and recover reasonable charges for medical or surgical aid rendered and the cost of medicines or surgical appliances supplied by him.

8. Subject to the provisions of section 3, no person shall be entitled to recover in any action any charge for any practice of medicine or surgery by any person not registered.

9.-(1) No certificate which is, by any Act of Parliament or Ordinance, required to be signed by a physician, a surgeon, an apothecary, or any other medical or surgical practitioner shall be valid unless the person signing it is registered in Part I of the register: Provided that medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934, if signed by any person authorised in that behalf by the Governor, shall be valid in all respects if such person is registered in Part II of the register.

(2) The Governor in Council shall have power to make regulations to be observed by persons so authorised and the Governor shall have power to withdraw his authorisation from any person who in his opinion has failed to observe any of the said regulations. When such authorisation is withdrawn such person's name shall be deleted from Part II of the register.

1703

Schedule.

(3) The regulations in the Second Schedule shall be in Second force except as they may be rescinded, suspended, amended or added to by regulations under sub-section (2).

Board.

10.-(1) A Board, to be styled the Medical Board, shall Constitution continue to function and shall consist, as heretofore, of the of Medical Director of Medical and Sanitary Services and the Senior Naval and Military Medical Officers for the time being in the Colony, and two registered medical practitioners and three other fit persons willing to serve who may be appointed by the Governor.

(2) A member appointed by the Governor shall hold office for three years, and may be re-appointed or removed by the Governor at his pleasure.

(3) Three members of the Medical Board shall form a

quorum.

(4) The Director of Medical and Sanitary Services shall be ex officio the chairman of the Medical Board; but in the case of his absence from any meeting of the Board, the members of the Board present shall appoint any other of its members as chairman. The chairman shall have a deliberative and a casting vote.

(5) The Board may make Standing Orders for regulating the procedure at, and in connection with its meetings.

11. The following persons shall be entitled to be Persons registered in Part I of the register:-

entitled to be regis- tered in

(a) Any person who is duly registered according to law Part of as a medical and surgical practitioner in any other part of His the register, Majesty's dominions and therein is entitled to practise medicine, surgery and midwifery: Provided that such person's qualification is accepted by the General Council of Medical Education and Registration of the United Kingdom as admitting to registration by them;

(b) Any person who holds any degree of medicine and surgery granted by the University of Hongkong.

(c) Any person who holds a degree, diploma or licence in medicine and surgery of any medical school in Europe, the United States of America or the Empire of Japan, the degrees, diplomas, and licences of which are recognised as entitling to registration by the General Council of Medical Education and Registration of the United Kingdom :

(d) Any professor of the Faculty of Medicine in the University of Hongkong.

Provided always that any such person shall prove to the satisfaction of the Medical Board that he is of good character.

of person

12.-(1) Documentary or other evidence of the identity Evidence of of any person applying for registration under section 11 and qualification of the facts and qualifications therein referred to shall be applying submitted to and forthwith considered by the Medical Board. to be

registered.

Schedule

(2) If the Medical Board is satisfied with the proofs First submitted, it shall grant to such person a certificate in Form Form No. 2. No. 2 in the First Schedule or as near thereto as circumstances will permit.

Power of Medical Board to

censure or

strike off

1704

(3) Such certificate shall be impressed with a stamp of twenty-five dollars, and, on production to the Director of Medical and Sanitary Services, shall entitle such person to registration as a medical practitioner.

(4) Every person applying for registration under section 11 shall furnish to the Medical Board an address within the Colony at which all notices from the Medical Board may be served on him. Notice of the decision of the Medical Board shall be served on the applicant at the address so furnished.

13. (1) If any registered practitioner is convicted of any offence or after due inquiry is considered by the Medical Board to have been guilty of infamous conduct in any pro- the register. fessional respect, the Medical Board may either censure the said registered practitioner or direct that his name be struck off the register.

Fraudulent registration.

Penalty on

person falsely

taking name implying qualifica-

tion..

(2) It shall be lawful for the Medical Board to publish the result of any inquiry held under this section either with or without an account of proceedings at the said inquiry.

j

(3) The Medical Board may also after due inquiry direct the name of any person to be struck off the register who, in their opinion--

(4) has obtained registration by fraud or misrepresenta- tion; or

(b) was not at the time of registration entitled to be registered.

(4) Reasonable notice of any proposed inquiry under this section shall be served on the person concerned.

(5) Notice of the decision of the Medical Board shall in all cases under this section be served on the person concerned.

(6) The striking off the register under this section or the publication under sub-section (2) shall not take place until after the expiration of fourteen days from the date of the service of the decision of the Medical Board on the person concerned and in case of appeal shall await the decision of the Governor in Council.

14. Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either oral or in writing, and every person who aids and assists him therein, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding two years.

}:

15. Every person who-

(1) Wilfully and falsely takes or uses any name, title, or addition implying a qualification to practise medicine or surgery; or

:

(2) not being registered, practises for gain, professes to practise, or publishes his name as practising medicine or surgery, or receives any payment as practising medicine or surgery

shall upon summary conviction be liable to a fine not exceed- ing one thousand dollars and to imprisonment for any term not exceeding six months.

1705

notices.

16. Any notice directed to be served on any person Service of under the provisions of this Ordinance shall, if such notice shall have been posted by registered post to his address given in the register, or, if such person be not registered, then to the address furnished by him to the Medical Board, be deemed to have been served on such person at the time of posting.

17. A right of appeal from any decision of the Medical Appeal. Board under this Ordinance shall lie to the Governor in Council. Such appeal shall be by means of a written petition. Such petition shall be presented within fourteen days from the date of service of the notice of the decision of the Medical Board on the person concerned. With such petition the Governor in Council may consider any written reply of the Medical Board to such petition. The decision of the Governor in Council upon such petition shall be final.

18. All Government medical officers, all medical officers Saving as to

                                   Government, of His Majesty's Navy, Army or Air Force, respectively Naval, serving in the Colony shall be deemed to be medical Military practitioners; but nothing in this Ordinance shall be deemed Force to require that they shall be registered whilst so serving. Officers.

or Air

Medical

of Ordin-

19.-(1) Sub-section (9) of group E in section 39 of the Amendment Interpretation Ordinance, 1911, is amended by the substitution ance No. 31 of the words "duly registered or deemed to be a medical of 1911, practitioner under the Medical Registration Ordinance, and Ordin- 1935," for the words "duly registered under the Medical Registration Ordinance, 1884."

(2) Sub-section (1) of section 3 of the Dentistry Ordin- ance, 1914, is amended by the substitution of the words "medical practitioners" for the words "persons registered under the provisions of the Medical Registration Ordinance, 1884."

s. 39 E (9)

ance No. 16

of 1914, s. 3 (1).

Ordinances

20. The Medical Registration Ordinance, 1884, the Repeal of Medical Registration Amendment Ordinance, 1927, and the No. 1 of Medical Registration Amendment Ordinance, 1932, repealed..

are

1884, No. 20

of 1927, and No. 8 of 1932.

1706

FIRST SCHEDULE.

FORM NO. 1.

[s. 4 (1)].

MEDICAL REGISTER.

PART I.

Persons Qualified to practise Medicine and Surgery generally.

Name.

Address.

Nature of qualification.

Date of qualification.

PART II.

Persons authorised by the Governor to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934.

Name.

Address.

Nature of qualification.

Date of authorisation.

FORM NO. 2.

[s. 12 (2)].

CERTIFICATE OF QUALIFICATION FOR REGISTRATION IN PART I

OF THE REGISTER.

HONGKONG

Impressed Stamp.

$25.

This is to certify that A.B. has satisfied the Medical Board that he is duly registered accord- ing to law as a medical practitioner in

and

therein is entitled to practise medicine, surgery and midwifery, and also that he is entitled to be registered by the General Council of Medical Education and Registration of the United Kingdom (or that

1707

he holds the degree of

of the University of Hongkong, or that he holds a degree, dipoma or licence in medicine and surgery of

which is a medical school the degrees, diplomas and licences of which are recognised as entitling to registration by the General Council of Medical Education and Registration of the United Kingdom); that he is of good character; and that he is entitled to be registered in Part I of the register under the Medical Registration Ordinance, 1935.

Dated the

day of

By order,

19.......

C. D.

Secretary of the Medical Board.

SECOND SCHEDULE.

[s. 9 (3)].

>

Regulations to be observed by persons authorised by the Governor under the proviso to section 9 (1) of the Medical Registration Ordinance, 1935, to sign certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance,

1934.

1. No certificate of the cause of death shall be granted in any case unless the person giving it was in professional attendance on the patient for a period of not less than forty-eight hours before death.

2. No charge shall be made for a certificate of the cause of death.

3. No certificate of death from cholera shall be granted except with the approval of a Health Officer.

4. In every case presenting choleraic symptoms, the practitioner shall if possible collect in a clean stoppered wide mouthed bottle a specimen of the patient's intestinal discharges, and forward the same. without delay to a Health Officer who will decide as to the necessity for a bacteriological examination of such discharges.

5. The name and address of every case of plague, small-pox, diphtheria, scarlet fever, typhus fever, enteric ferver, relapsing fever, paratyphoid fever or puerperal fever shall be reported by the practitioner without delay to a Health Officer and in the case of Chinese patients a notification shall be sent at the same time by the practitioner to the nearest Chinese Public Dispensary.

6. In all cases of doubt as to whether a patient is suffering from an infectious disease, the practitioner shall consult a Health Officer before notifying the case to the nearest Chinese Public Dispensary.

7. Cases of a medico-legal nature which may possibly involve a charge of assault, murder or attempted suicide, and accidents. likely to result in death, shall be sent if possible to a public hospital, and failing that the practitioner shall consult with a registered medical practitioner or with a Government medical officer.

8. A weekly return of all certificates of the cause of death issued by each person authorised by the Governor to sign such certificates shall be forwarded by him to a Health Officer and the entries in these returns must correspond exactly with the wording. of the certificates with which they will be compared.

9. Every person authorised by the Governor to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934, shall on or before the 1st day of April in each year apply in writing to the Director of Medical and Sanitary Services for the publication of his name in the list of the persons authorised.

1708

Objects and Reasons.

1. This Ordinance consolidates and amends the Medical Registration Ordinances and Regulations.

2. A Table of Correspondence showing the source of each provision and the extent to which it has been varied is added.

3. The principal change is the division of the register into two parts. Part I will include those who have hitherto been entitled to registration under section 12 of Ordinance No. 1 of 1884 as well as the professors of Medicine of the University of Hongkong, who under section 19 of that Ordinance (as amended by No. 20 of 1927, s. 11) were not required to register but were "deemed to be" registered. Part II will include persons authorised by the Governor to sign medical certificates whose names were published annually in a list in the Gazette under section 9 (2) of Ordinance No. 1 of 1884.

4. One effect of the above change in the register will be to make the persons in Part II of the register "medical practitioners' and as such liable to take out and pay the fees for annual certificates to practise under section 21 (1) of the Stamp Ordiannce, No. 8 of 1921. Persons whose whole time is at the disposal of the Crown, professors of the Faculty of Medicine of the University of Hongkong, and persons exempted by the Governor in Council on the ground that their whole time is at the disposal of some charitable institution, do not have to take out such certificates to practise as they are exempted under section 21 (3) of Ordinance No. 8 of 1921, as amended by No. 26 of 1929 and this new Ordinance does not affect that exemption.

5. Another effect of requiring registration in the case of practitioners, who were not required to register under Ordinance No. 1 of 1884, is that it is made clear that these persons are brought under the jurisdiction of the Medical Board, which after due inquiry, in cases of conviction or infamous conduct in any professional respect, may censure a registered practitioner or direct that his name be struck off the register.

July, 1935.

C. G. ALABASTER,

Attorney General.

1709 -

TABLE OF CORRESPONDENCE.

Medical

Registration Ordinance, 1935, section.

Medical Registration Ordinance

No. 1 of 1884, section.

1

1

2

3

3 (1)

4 (1)

4 (1)

Remarks.

4 (2)

4 (3)

10

5

4 (2) and (3)

10

5

6

6

7

7

as amended by No. 20 of 1927, s. 2 (a) and No. 5 of 1928, s. 2. "First Schedule" substituted for "Schedule".

New, but last part founded on s. 3 (2) of

No. 1 of 1884.

As enacted by No. 20 of 1927, s.

2 (b).

As amended by No. 20 of 1927, s. 3 and No. 5 of 1928, s. 2. "The names of persons added to the register shall be published in the Gazette' "and from subsequent issues of the Gazette" and the proviso are new.

As amended by No. 20 of 1927, s. 4 and

No. 5 of 1928, s. 2.

As amended by No. 20 of 1927, s. 5 but

"any

Ordinance relating to stamp duty" substituted for 'section 21 of the Stamp Ordinance, 1921" and except in the case of a person whose conditions of employment do not permit him to do so, added.

OD

9 (1)

9 (1)

9 (2)

I

9 (2)

9 (3)

9 (3)

10 (1)

10 (1)

in part I of the register" added "1934" substitued for "1896" and "if such person is registered in part II of the register" substituted for "as if they were signed by a registered person".

Omitted. Covered by section 5.

Last sentence is new.

New.

As amended by No. 5 of 1928, s. 2. "shall continue to function and shall consist, as heretofore, substituted for "shall be established, and shall consist".

10 (2)

10 (2)

10 (3)

10 (3)

10 (4)

10 (4)

As amended by No. 8 of 1932, s. 2.

do.

10 (5)

11

22

10 (5)

12

First two lines redrafted. Paragraph (d)

added.

1710

Table of Correspondence,-Continued.

Medical

Registration Ordinance, 1935, section.

Medical Registration Ordinance

No. 1 of 1884, section

Remarks.

12 (1)

13 (1)

"section 11" substituted for "section 12".

12 (2)

13 (2)

12 (3)

13 (3)

12 (4)

13 (4)

As enacted by No. 20 of 1927,

"Section 11" substituted for 'section 12".

6. 6 (2).

"Form No. 2 in the First Schedule" sub- stituted for "Form No. 3 in the Schedule".

As amended by No. 20 of 1927, s. 6 (1)

and No. 5 of 1928, s. 2.

13

14

14

16

15

17

16

15

17

18

18

19

19

20

First

Schedule.

Schedule.

Form

No 1.

Form No. 2.

Second

Schedule.

As enacted by No. 20 of 1927, .s 7.

As amended by No. 20 of 1927, s. 9.

As enacted by No. 20 of 1927, s. 8.

As enacted by No. 20 of 1927, s. 10.

Redrafted. Reference to professors added by No. 20 of 1927, s. 11 omitted.

New.

New.

Form No 1.

Form No. 3.

Redrafted and divided into 2 Parts.

"In part I of the register" added in two

places.

Regulations of Hong Kong, 1844-1926 pp.

114-115 as amended by G. N. 348 of 1926. "a Health Officer" substituted for "The Medical Officer of Health or an Assistant Medical Officer of Health".

1711

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 265.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st August, 1935, as certified by the Managers of the respective Banks :---

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

$

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

13,350,747

8,300,000*

113,526,111

95,500,000†

1,681,048

1,350,000$

TOTAL

$ 128,557,906

105,150,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £765,000.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

6th September, 1935.

N. L. SMITH,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 266.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):

Security.

Amount.

Nominal Value.

Price when deposited.

i

Latest› market price.

41% Conversion War Loan

1940, 1944.

£190,000.

6th September, 1935.

1111-1122

N. L. SMITH,

Colonial Secretary.

1712

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 267.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 197 of 5.7.35.

S. 207 of 12.7.35.

S. 210 of 11.7.35.

S. 194 of 4.7.35.

S. 196 of 4.7.35.

S. 198 of 5.7.35.

S. 224 of 29.7.35.

S. 215 of 15.7.35.

S. 214 of 15.7.35..

S. 231 of 9.8.35.

S. 230 of 9.8.35.

S. 215 of 16.8.35.

S. 223 of 30.7.35.

Tender for Construction of an Extension to the protective rubble mound at Kun Tong.

Messrs. Ah Hing & Co.

Tender for the privilege of Messrs. Millington, Ltd.

maintaining an advertise-

ment hoarding adjoining Kowloon Railway Station.

Market, Roads and Drainage Messrs. Foo Loong & Co.

at Tsun Wan.

Tender for maintenance, etc., of Nullahs, and construc- tion of additional Sewers, etc.

Tender for the maintenance,

repair, etc., of Roads, etc.

Tender for Heating, etc., Nur- sing Staff Quarters, Queen Mary Hospital.

Tender for the purchase of old Government Steam Launch H.D. 1.

Tender for New Market, Wan-

chai.

Tender for supplying and lay-

ing Patent Roofing at the New Central British School, Kowloon.

Messrs. Tak Hing & Co., Ching Lee Co., and Yeung Fat & Co.

Messrs. Nam Hing Co., Tang Shiu Kwong, Yeung Fat & Co., and Ching Hing Con- struction Co.

Messrs. G. N. Haden & Sons,

Ltd.

Messrs. Kwong Cheung Hing.

Messrs. Yeung Fat & Co.

Messrs. The Texas Co. (China),

Ltd.

Tender for Winter Clothing Messrs. A. Lee.

for Prison Staff.

Tender for the purchase of Messrs. Chan Ching Kee.

Waste Paper.

Tender for Sanitary Installa-

tion at the New Central British School, Kowloon.

Messrs. Lee Yu Kee.

Tender for Heating System, Messrs. Dodwell & Co., Ltd.

New Magistracy, Kowloon.

6th September, 1935.

N. L. SMITH,

Colonial Secretary.

1713

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 268.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government Notification.

Philippine Ports.

Third class passengers

Inspections outside Manila harbour from 20th April. and new crew must comply

16th April, 1924.

All ports in the United States of America,

with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

30th April, 1926.

including the

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

1926.

No. S. 301.

6th September, 1935.

N. L. SMITH,

Colonial Secretary.

THE MAGISTRACY.

 No. S. 269.-Notice is hereby given that a meeting of the Licensing Board will be held in the Council Chamber on Friday, the 8th day of November, 1935, at 3.30 p.m., for the purpose of considering applications for Publicans' Licences, Hotel Keepers' Adjunct Licences and Restaurant Adjunct Licences for the year 1935-1936 under the Liquors Ordinance, 1931.

Forms of application may be obtained at the Magistracy.

 All applications must be forwarded in duplicate to the Magistracy on or before Wednesday, the 18th day of September, 1935, and must be accompanied by a deposit of Eight Dollars.

Applicants for licences or for transfer thereof, and persons objecting to such appli- cations, must appear in person.

4th September, 1935.

S. F. BALFOur, Secretary to the Licensing Board.

1714

DISTRICT OFFICE, SOUTH.

  No. S. 270.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 20th day of September, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as an Orchard Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 1 (a) and (b), and Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

in

Upset Price.

Annual

Crown

Acres.

Rent.

ம்

8.

E.

W.

Registry No.

Locality.

N.

Tsun Wan Demarcation District

No. 453, Lot No. 1156.

Sai Lau Kok.

:

:

:

5.54

302

5.60

Subject to readjustment as

provided by the Conditions of Sale.

SPECIAL CONDITIONS.

   1. No trees shall be planted within 10 feet of any grave or "Kam Tap" which may be on the Lot.

   2. The successful purchaser shall pay compensation in the sum of $40 and $35 to the licensees of Lots Nos. 252 and 526A for pine apples growing on the respective Lots, and the sum of $96 to the licensee of Forestry Lot No. 10 for trees growing on the Lot.

6th September, 1935.

J. S. MACLAREN, District Officer, Southern District.

1715

SANITARY DEPARTMENT.

 No. S. 271.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Conservancy Contract, Shaukiwan, etc.", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 17th day of September, 1935, for the removal of animal manure and nightsoil from the villages of Shaukiwan, etc., in accordance with the conditions of contract, copy of which may be obtained at the Office of the Secretary to the Sanitary Board.

The contract will be for a period of three years from the 1st January, 1936.

 No tender will be considered unless the person tendering produces a deposit receipt from the Treasury (as a pledge of the bona fides of his tender) for a sum equal to 10 peł cent. of the value of the security to be furnished by the contractor as stated below.

 The successful tenderer will be required to sign a formal contract containing con- ditions to be prescribed by the Board and also to give security to the satisfaction of His Excellency the Governor in the sum of $300 and by also depositing the sum of $500 in the Treasury. Failing compliance with the latter requirements the sum deposited with the tender will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

6th September, 1935.

W. J. CARRIE,

Head of the Sanitary Department.

SANITARY DEPARTMENT.

 No. S. 272.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for re-numbering old Head Stones", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th day of September, 1935, for re-numbering old Head Stones in the Government Cemeteries, for the period of one year from the 1st January next.

 Tenderers must produce a receipt that they have deposited in the Treasury the sum of $10 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the tender be accepted.

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

 The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $50 in the Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

6th September, 1935.

1716

SANITARY DEPARTMENT.

No. S. 273.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Head Stones", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th day of September, 1935, for the supply of Head Stones for use in the Government Cemeteries, for the period of one year from the 1st January next.

Tenderers must produce a receipt that they have deposited in the Treasury the sum of $50 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the tender be accepted.

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

   The successful tenderer will be required to sign a formal contract containing con- ditions to be prescribed by the Board and also to give security by depositing a sum of $200 in the Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

6th September, 1935.

SANITARY DEPARTMENT.

No. S. 274.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Blood and Hair Contract, Ma Tau Kok ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th September, 1935, for the daily collection and removal of blood and hair from the Slaughter House situated at Ma Tau Kok in the Kowloon Peninsula, for the period of one year from the 1st January next.

The contractor shall at all times keep the Slaughter House in a thorough state of cleanliness, for which service he shall maintain as many coolies as may, in the opinion of the Sanitary Board, be necessary, but the number shall in no case be less than three, one of whom shall be employed as a foreman. The contractor shall also provide the necessary brooms and baskets.

For full particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $50 as a pledge of the bona fides of his offer.

   The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $500 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

W. J. CARRIE, Head of the Sanitary Department.

6th September, 1935.

A

1717

SANITARY DEPARTMENT.

  No. S. 275.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Blood and Hair Contract, Kennedy Town", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th September, 1935, for the daily collection and removal of blood and hair from the Slaughter House situated at Kennedy Town in the City of Victoria, for the period of one year from the 1st January next.

  The contractor shall at all times keep the Slaughter House in a thorough state of cleanliness, for which service he shall maintain as many coolies as may, in the opinion of the Sanitary Board, be necessary, but the number shall in no case be less than eleven, one of whom shall be employed as a foreman. The contractor shall also provide the necessary brooms and baskets.

For full particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $250 as a pledge of the bona fides of his offer.

The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $2,000 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

6th September, 1935.

SANITARY DEPARTMENT.

No. S. 276.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of labour for the burial of infectious corpses will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th day of September, 1935, for the supply of labour for the burial of infectious corpses, for the period of one year from the 1st January next.

Tenderers must produce a receipt that they have deposited in the Treasury the sum of $50 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the tender be accepted.

For full particulars apply at the Office of the Secretary to the Sanitary Board. For form of tender apply at the Colonial Secretary's Office.

 The successful tenderer will be required to sign a formal contract containing con- ditions to be prescribed by the Board and also to give security by depositing a sum of $100 in the Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

6th September, 1935.

1718

SANITARY DEPARTMENT.

  No. S. 277.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Purchase of Nightsoil", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th day of September, 1935, for the purchase of nightsoil, for the period of one year from 1st January next.

  Delivery will be made daily, except when typhoon signals are hoisted, to the purchaser from the Government Conservancy Junks in Kwai Chung Bay or in such other place as may be agreed upon between the purchaser and the Head of the Sanitary Department. The purchaser will be required to have at the agreed place every day at the time fixed for delivery sufficient transport to take delivery of the full daily quantity contracted for. Deliveries will be in loads of 1,000 to 1,500 piculs approximately. All nightsoil purchased must be conveyed out beyond the boundaries of New Kowloon, Kowloon and the Island of Hong Kong, and no part of it may be re-imported thereto.

Tenders should be stated at so many dollars per junk load of 500 piculs.

Tenderers should state the maximum quantity required.

  Accounts for nightsoil delivered will be payable within seven days of the end of the month to which they refer.

For full particulars apply at this Office.

  No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $100 as a pledge of the bona fides of his offer.

  The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum equivalent to two months payments in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

W. J. CARRIE, Head of the Sanitary Department.

6th September, 1935.

PUBLIC WORKS DEPARTMENT.

  No. S. 278.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Addition to the Entrance Lodge, Kowloon Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 16th day of September, 1935. The work consists of the erection of additional quarters for gar- deners.

As security for the proper performance of the works under this contract the suc- cessful ten derer will be required to deposit in cash a sum of $350 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

4th September, 1935.

R. M. HENDErson,

Director of Public Works.

1719

PUBLIC WORKS DEPARTMENT.

No. S. 279.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for European Staff Quarters at The New Gaol", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of Septem- ber, 1935. The work consists of the erection of blocks of flats for Married Officers and a Hostel for Single Officers.

 As security for the proper performance of the works under this contract the success- ful tenderer will be required to deposit in cash a sum of $15,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

3rd September, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORks DepartMENT.

No. S. 260.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Piling Contract, New Gaol at Stanley", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of September, 1935 for Concrete piling to buildings for the New Gaol at Stanley.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.. The Government does not bind itself to accept the lowest or any tender.

28th August, 1935.

R. M. HENDerson,

Director of Public Works

PUBLIC WOrks DepartMENT.

No. S. 261.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Eastern Pumping Scheme -Pump Houses", will be received at the Colonial Secretary's Office until Noon of Monday, the 16th day of September, 1935, for the construction of two Pump Houses-one at The Eastern Filter Beds and the other at Middle Gap, Hong Kong.

As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $500 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

28th August, 1935.

R. M. HENDERSON,

Director of Public Works.

A

IN THE SUPREME COURT OF

HONG KONG.

COMPANIES (WINDING-UP.)

Notice of Dividend Declared.

No. 4 of 1933.

In the Matter of the Chinese Partner-

ships Ordinance, 1911,

and

In the Matter of the Companies Ordin-

ance, 1932,

and

In the Matter of The Luen Lung Fook

Kee Salt ish Firm.

FIRST and Final dividend of $1.61 per cent has been declared in the above

matter.

N'

TICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 9th day of September, 1935, between the hours of 10 a.m. and p.m. and on any sub- sequent day during office hours.

    Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 6th day of September, 1935.

JAMES J. HAYDEN,

Official Receiver and Liquidator.

NOTICE.

NOTICE is hereby given that the partner- ship heretofore sub-ist ng between Mr. H. K. Woo and the undersigned F. E. Nash carrying on business as Solicitors under the style or firm of "Woo & Nash was on the 31st day of August, 1935, dissolved by effluxion of time AND that as from the 1st September, 1935, the aid F. E. Nash will practice on his own account under the style or firm of "F. E. Nash & Co." at Bank of East Asia Building, Hong Kong.

F. E. NASH.

Hong Kong, 1st September, 1935.

N

NOTICE.

OTICE is hereby given that the Partner- ship heretofore subsisting between H. K. Woo and F. E. Nash carrying on business as Solicitors at No. 4 Queen's Road Central, Hong Kong, under the style or firm of Woo and Nash has been dissolved as from the 1st day of September 1935.

NOTICE IS ALSO GIVEN that the said H. K. Woo who retains all the papers and documents of the said late brm of Woo and Nash will as

from the 1st day of September 1935, continue to carry on the business in continuation of

which the said late firm had until the 31st day of August 1935, been carrying on business, at the same address and under the firm name or style of "Woo and Woo".

Dated the 1st day of September, 1935.

TAKE

NOTICE

H. K. WO0.

`AKE NOTICE that the Ning Shao Life Insurance Company, Limited, has ceased to carry on the business of life insurance in Hong Kong and intends on or after the 6th day of October, 1935, to apply to the Registrar of Companies for the release of the deposit made in respect of such business under the terms of the Life Insurance Companies Ordinance, 1907. AND FURTHER TAKE NOTICE that any objections to the said release must be made in writing to the Registrar of Companies before the said 6th day of October, 1935.

Dated the 4th day of September, 1935.

T. MOFFATT, Authorised representative of the Ning Shao Life Insurance Co., Ltd.

1721

(FILE NO. 344 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N

(FILE No. 336 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Hing Ah and Victoria, in the Colony of Hong Kong, have on Company, of No. 5 Hing Loong Street,

OTICE is hereby given that Mak Ming (H) trading as Mak Ming Kee Tooth Brush Factory (the

of No. 99 Yuk Tsze Hong, Canton, Cina, and of Ho Tung Building, Victoria, Hong Kong, has, by an application dated the 21st day of August, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

簽字

WINS

מיר מו

in the name of the said Mak Ming trading as

Mak Ming Kee Tooth Brush Factory, who

claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Tooth Brushes in Class 50.

Registration of the said trade mark shall give no right to the exclusive use of the Chinese characters 麥明記 appearing on

66

the mark and of the Chinese characters save in the manner as shown in

66

麥明

the centre of the mark.

Dated the 6th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

N

12th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

梅皮陳

*t

開胃生津

40 YA

* 7

* to

MARK

TRADE

梅皮製精司公亞興酒

HONGKONG.

HING AH & Co.

CHAN PEE MOY

HING AH & Co,

PRESERVERS OF ALL KINDS OF FRUITS

MONGKONG, CANTON, & SHANGHAI, CHINA.

MADE IN CHINA,

化痰止渴

司公亞與

in the name of Hing Ah and Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of substances used as food or as ingredients in food in Class 42,

The Trade Mark is associated with Tråde Marks Nos. 338 of 1924, 10 to 12 of 1927, 73 of 1932, 175 and 176 of 1935.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 6th day of September, 1935.

(FILE No. 343 of 1935)

DENNYS & CO., Solicitors for the Applicants, No. 8A, Des Voeux Road Central, Hong Kong.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Batten and Company,

‡ Ãμ)

of China Building, Victoria, Hong Kong, Importers and Exporters and General Merchants, have, by an application dated the 21st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

HILD & KABLIT

in the name of the said Batten and Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in respect of Milk in Class 42.

The Trade Mark is associated with Trade Mark No. 374 of 1932.

Dated the 6th day of September, 1935.

BATTEN AND COMPANY,

Applicants.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of John William Withing- ton late of 14 Chiltern Drive Hale Cheshire formerly of Epworth Lodge Leyland Road Southport Lancashire England, deceased.

       OTICE is hereby given that the Court Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 2nd day of October, 1935.

      All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 5th day of September, 1935.

N

JOHNSON, STOKES & MASTER, Solicitors for the Executors and l'rustees, Prince's Building, Ice House Street, Hong Kong.

NOTICE.

In the Matter of the Companies Ordin-

ance No. 39 of 1932,

and

In the Mat'er of The Ka Wah Life Assurance Company, Limited.

(IN VOLUNTARY LIQUIDAT.ON).

OTICE is hereby given that it is the in- tention of the Liquidators of the above- named ompany to make appl cation to the Registrar of ompanies on Monday, the 16th day of September, 1935, un ler Section 9 of the Life Insurance Companies Ordinance, for re- lease of the secu ities deposited with the Regis- trar in respect of the Life Insurance business previously carried on by the Company.

Norice is hereby further given that any objection to such release should before the date of application be sent to the Registrar of Companies.

Dated this 6th day of September, 1935.

P. H. SIV & CO.,

Solicitors for the Liquidators

of the KA WAH LIFE ASSURANCE

Co., LTD.

(In Voluntary Liquidation).

NOTICE OF DISSOLUTION OF

NOTICE

PARTNERSHIP.

OTICE is hereby given that the Partner- ship heretofore subsisting between

Wong Siu Cheuk(), Ho Shun Shing Tong (i). Lam Kong Cheong Tong(), Wong Hang Hin Tong (692), Li Yin (F), Lua Tin Lok (), Kwok Shun Chuen (4), Chan Yu Shan(), Loo Wai Ah (

    ), Leung Chi Fung () Tai Chung Tong (1), Wah Chiu

Tong (華超堂), Yu Hing Tong(餘 慶堂), Yeung Chak (楊澤) and

Yue Cheong Tong() in the

     business carried on under the style or firm name of Man Far Printing Ink Works

at Nos. 143 to 147 Belcher's

S reet, Hong Kong, has been dissolved with

effect from the 23rd day of August, 1935.

Dated the 30th day of August, 1935.

黃小卓

(WONG SIU CHEUK),

Managing Partner.

1722

(FILE Nos. 294 and 295 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

OTICE is hereby given that K. S. Pavri and Sons, of No. 32, Wyndham Street, Victoria, in the Colony of Hong Kong, have by five applica- tions dated the 17th, 17th, 17th, 17th and 19th days of July, 1935, respective- ly, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

POWDER

Electro

( 2 )

(3)

JAVRI'S

OWDER

Silve

PAVRI'S

POWDER

Alü Alums

(4)

(5)

in the name of K. S. Pavri and Sons, who claim to be the proprietors thereof.

Trade Marks Nos. 1, 2, 3 and 4 have not hitherto been used by K. S. Pavri and Sons but it is their intention so to use them forthwith in respect of Fire Crackers in Class 20.

Trade Mark No. 5 has been used by K, S. Pavri and Sons in respect of Fire Crackers in Class 20 since 1934.

Registration of Trade Marks Nos. 1, 2, and 3 shall give no right to the exclusive use of the word "Pavri's" appearing thereon.

Registration of Trade Mark No. 4 shall give no right to the exclusive use of the Chinese characters) appearing thereon and of the representation of a female figure except as shown on the mark.

Registration of Trade Mark No. 5 shall give no right to the exclusive use of the Chinese characters (F) appearing thereon and of the representation of a female figure except as shown on the mark.

Dated the 2nd day of August, 1935.

K. S. PAVRI AND SONS, No. 32, Wyndham Street,

Hong Kong, Applicants.

L

M

1723

(FILE NO. 298 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

(FILE No. 275 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Pharmaceuticals (Far East) Limited, NOTICE is hereby given that the Oxidite

(*) of No. 306, Gloucester Building, of Victoria, in the Colony of Hong Kong, have, on the 19th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks namely:-

(1)

DOLISEX

(2)

POLISEX

FR

ISEX標

tak

in the name of the said Pharmaceuticals (Far East) Limited, (* i) who claim to be the proprietors thereof.

(遠東藥料

The Trade Marks are intended to be used by the Applicants in Class 3 in respect of Chemical Substances prepared for use in medicine and pharmacy.

66

""

     The Trade Marks "POLISEX" (word) mark and the "POLISEX' (word and device) mark are associated with each other and that the Registra- tion of the POLISEX" (word) Mark shall give no right to the exclusive use of the letters "P" and X" and that the applicants undertake not to use the cross appearing on the "POLISEX" (word and device) mark in red on a white ground or white on a red ground.

66

Facsimiles of such above Trade Marks can be seen at the Offices of

the Registrar of Trade Marks and of the undersigned.

Dated the 2nd day of August, 1935.

(FILE No. 308 or 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chi Yuen Tong, of No. 6, Yuen Yuen Street, Happy Valley, Hong Kong, have on the 27th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

UMBRELLA

BRAND

P. H. SIN & CO., Solicitors for the Applicants,

Asia Life Building, Hong Kong.

(FILE No. 289 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Jik Tak Hong of No. 349, Hennessy Road, Victoria, day of July, 1935, applied for the registration in the Colony of Hong Kong, have on the 13th in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

1935, applied for the registration in Hong Battery Corporation, 137, Seymour Road, Shanghai, have on the 10th day of July, Kong, in the Register of Trade Marks, of the following Trade Mark :-

OXIDITE

in the name of the Oxidite Battery Corpora- tion, who claim to be the proprietors thereof.

The Trade Mark is intended to be used 'orth- with by the Applicants in Class 8 in respect to Batteries.

Dated the 2nd day of August, 1935.

HONG KONG MOTOR ACCESSORY COMPANY, LIMITED,

AGENTS FOR the Oxidite BATTERY

CORPORATION, Shanghai, China.

(FILE No. 249 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

OTICE is hereby given that Monroe

& Company, (AJ)

of No. 359, Lai Chi Kok Road, Second floor), in the Dependency of Kowloon, Colony of Ho g Kong, have, on the 17th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

www.da

粉去牌老捕巡

   in the name of Chi Yuen Tong, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Patent Medicines and Medicated Articles in Class 3.

Dated the 2nd day of August, 1935.

CHI YUEN TONG, Applicants.

in the name of Jik Tak Hong, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Lubri- cating Oil in Class 47.

Dated the 2nd day of August, 1935.

JIK TAK HONG, 349, Hennessy Road,

Hong Kong,

Applicants.

in the name of Monroe & Company, who claim

to be the proprietors thereof.

plicants since the year 1929 in Class 47 in The Trade Mark has been used by the Ap- respect of Washing powders.

Á facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building, (Second floor), Hong Kono.

(FILE No. 250 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE hereby given that H. Ruttonjee

(FILE No. 241 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Waterbury

TICE is here. 7, Buddell Street, Victoria, N Chemical Company Incorporated orbury

n tho Colony of Hong Kong, have, on the 17th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Fine Old

York, in the United States of America, have on the 6th day June, 1935, applied for the registration of the following Trade Mark in the name of the said Waterbury Chemical Company Incorporated, who claim to be the sole proprie- tors thereof.

利寶大華 油肝魚繁

***** •

氣實炎。忠肺炎或熱病之軟弱及一切盤損。 成人及幼孩之普通補品。專治唆嗽,傷風 服法--每日四次至六次。

SHAKE THE BOTTLE

Waterbury's

Cod Liver Oil

Compound

ALCOHOL

T

Contains vitamins A and D obtained by the xymotic ac-

tion of pan reatic ferments upon coder oil and upon livers

Unfermented

Malt E

Creosot and Guaiacol Hypophobites Compound

Extras Rom Wild Cherry,

skikalyphus and Aromatics

1 Tablespoonful 4 to 6 times a day

Waterbury Chemical Co., Inc. EU.A.

New York

St. Lawla (Made in USA.)

PLEASANT

AND

PALATABLE

GENERAL TONIC

without objection- able taste, odor or

grease. for adults and children.

In- dicated in coughs, colds, bronchitis,

after pneumonia or fever and in

all cases of general debility.

Jamaica Rum

in the name of H. Ruttonjee & Son, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of rum in Class 43.

Registration of this Mark shall give no right to the exclusive use of the words "Fine Old Jamaica Rum" appearing thereon.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Mark, of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 256 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs.

Mimosa A. G., trading as Mimosa A.-G., of Dresden, Germany, have by an application dated the 21st day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

Mimosa

in the name of the said Mimosa A.-G., claim to be the proprietors thereof.

who

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Photographic films and plates in Class 1, and in respect of photographic papers in Class 39.

A facsimile of the said Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of July, 1935.

MIMOSA A.-G., Applicants.

The Mark has been used by the Applicants since 1907 in respect of medical preparation in Class 3.

The words 46

Waterbury Chemical Company Inc." appearing in red thereon have been de- clared distinctive by order of His Excellency the Officer Administering the Government pur- suant to Section 95 of the Trade Marks Ordin- ance 1909.

Registration of this Mark shall give no right to the exclusive use of the fish device appear- ing thereon.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 5th day of July, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE NO. 111 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that Foggitt Jones Proprietary Limited, a Company duly incorporated according to the laws of the State of Victoria, in the Commonwealth of Australia, and having its Head Office at Turbot Street, Brisbane, in the State of Queensland, Manu- facturers, have on the 6th day of March, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

REX

in the name of Foggit Jones Proprietary Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants or their predecessors in business since about the month of August in the year 1904, in respect of the following goods:-

Hams, Bacon, Butter, Cheese of all kinds including luncheon cheese and processed cheese, Canned meats, Canned fruits, and Tomato Juice, in Class 42.

Dated the 5th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1

1726

LEGISLATIVE COUNCIL.

No. S. 280.-The following Bills were read a first time at a meeting of the Council held on the 12th September, 1935:-

A BILL

[No. 31-5.9.35.-1.]

:

Short title.

Appropria- tion.

INTITULED

An Ordinance to apply a sum not exceeding Twenty-three million eight hundred and forty thousand four hundred and sixteen Dollars to the Public Service of the year 1936.

WHEREAS the expenditure required for the service of this Colony for the year 1936 has, apart from the contribution to the Imperial Government in aid of Military Expenditure and Charges on account of Public Debt, been estimated at the sum of Twenty-three million eight hundred and forty thousand four hundred and sixteen Dollars:

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

1. This Ordinance may be cited as the Appropriation for 1936 Ordinance, 1935.

2. A sum not exceeding Twenty-three million eight hundred and forty thousand four hundred and sixteen Dollars shall be and the same is hereby charged upon the revenue and other funds of the Colony for the service of the year 1936, and the said sum so charged may be expended as hereinafter specified, that is to say:

EXPENDITURE.

His Excellency the Governor

Colonial Secretary's Department and Legislature.

$

137,363

322.513

Secretariat for Chinese Affairs

151,987

Treasury

Audit Department

234,691

101,246

District Office, North

69,336

District Office, South

46,973

Post Office

498,847

Wireless Telegraph Services

183.614

Imports and Exports Office

394,345

Harbour Department

1,019,276

Air Services

38,331

Carried forward..

$

3,198,522

#1727

Brought forward...

3,198,522

Royal Observatory

71,071

Fire Brigade

309,759

Supreme Court

215,667

Attorney General

44,898

Crown Solicitor's Office

41,585

Official Receiver

22,561

Land Office

47,310

Magistracy, Hong Kong

62,582

Magistracy, Kowloon

43,114

Police Force

2,820,786

Prisons Department

819,457

Medical Department

1,651,378

Sanitary Department

1,021,517

Botanical and Forestry Department

127,629

Education Department

1,892,303

Kowloon-Canton Railway

779,870

Volunteer Defence Corps

151,569

Naval Volunteer Force

36,988

Miscellaneous Services

Charitable Services

Pensions

Public Works Department

1,612,258

179,836

1,810,000

2,203,196

1,469,000

3,207,560

TOTAL

$23,840,416

Public Works, Recurrent

Public Works, Extraordinary

(C.S.O. 4798/35.)

Short title.

1728

[No. 23:-3.7.35.-4.]

A BILL

INTITULED

An Ordinance to consolidate and amend the law regulating

the registration of practitioners in medicine and surgery.

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

1. This Ordinance may be cited as the Medical Registra- tion Ordinance, 1935.

Interpreta- tion.

2. In this Ordinance

Saving of rights of Chinese

persons who practise according to Chinese methods.

Register of practi- tioners.

First

Schedule Form No. 1.

Ordinance

No. 21 of 1934.

66

(a) Person registered

وو

>

         or words to the like effect, shall be deemed to refer to a person registered under this Ordinance.

(b) "Practise" includes the diagnosis of any form or forms of disease whether the cases diagnosed be treated medically or surgically or not: Provided that laboratory assistants who work for or under a registered practitioner shall not by reason only of such laboratory work be deemed to practise medicine or surgery.

3. Nothing in this Ordinance shall be deemed to affect the right of any Chinese person to practise medicine or surgery according to purely Chinese methods and to demand and recover reasonable charges in respect of such practice: Provided that such person does not take or use any name, title or addition calculated to induce anyone to believe that he is qualified to practise medicine or surgery according to modern scientific methods.

-(1) The Director of Medical and Sanitary Services shall keep a register of medical and surgical practitioners qualified to practise medicine and surgery in this Colony, as nearly as may be according to Form No. 1 in the First Schedule.

(2) Such register shall be divided into two parts. Part I shall contain the names of persons qualified to practise medicine and surgery generally. Part II shall contain the names of persons authorised by the Governor to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934, under the proviso to section 9 (1) of this Ordinance.

- 1729

(3) Every person registered shall furnish to the Medical Board an address within the Colony at which all notices from the Medical Board may be served on him. This address shall be entered in the register.

register and

register.

5. The names of persons added to the register shall be Publication published in the Gazette. A copy of the register as it then of copy of stands shall be published by the Director of Medical and of additions Sanitary Services in the first Gazette issued after every 3rd to the of May. The absence of the name of any person therefrom and from subsequent issues of the Gazette shall be prima facie evidence that such person is not registered: Provided that the latest copy of the register and the latest list of persons authorised to sign medical certificates of the cause of death published under any Ordinance repealed by this Ordinance shall be effective until replaced under this section.

alterations

6.-(1) The Director of Medical and Sanitary Services Making shall make the necessary alterations in the addresses or in register. qualifications of the persons registered, and cancel in the register the names of all persons registered who have died or ceased to be qualified.

(2) The Director of Medical and Sanitary Services may send a letter to any registered person addressed to him according to his address in the register, to inquire whether he has changed his residence, and if he does not receive an answer within six months he may cancel the name of such person.

Ordinances

7. Subject to the provisions of any Ordinance relating Subject to to stamp duty, every registered person shall be entitled to Stamp practise medicine and surgery in this Colony, and, except in registered the case of a person whose conditions of employment do not person may permit him to do so, to demand and recover reasonable recover charges for medical or surgical aid rendered and the cost charges. of medicines or surgical appliances supplied by him.

practise and

person not

8. Subject to the provisions of section 3, no person shall Unregistered. be entitled to recover in any action any charge for any to recover practice of medicine or surgery by any person not registered. charges.

of certificate-

9.-(1) No certificate which is, by any Act of Parliament Avoidance or Ordinance, required to be signed by a physician, a surgeon, of unregister- an apothecary, or any other medical or surgical practitioner ed person. shall be valid unless the person signing it is registered in Exceptions.. Part I of the register: Provided that medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934, if signed by any person Ordinance- authorised in that behalf by the Governor, shall be valid in all respects if such person is registered in Part II of the register.

(2) The Governor in Council shall have power to make regulations to be observed by persons so authorised and the Governor shall have power to withdraw his authorisation from any person who in his opinion has failed to observe any of the said regulations. When such authorisation is withdrawn such person's name shall be deleted from Part II of the register.

No. 21 of

1934.

Second Schedule,

Constitution of Medical Board.

Persons entitled

to be regis- tered in Part I of the register.

Evidence of

of person

1730

(3) The regulations in the Second Schedule shall be in force except as they may be rescinded, suspended, amended or added to by regulations under sub-section (2).

10.-(1) A Board, to be styled the Medical Board, shall continue to function and shall consist, as heretofore, of the Director of Medical and Sanitary Services and the Senior Naval and Military Medical Officers for the time being in the Colony, and two registered medical practitioners and three other fit persons willing to serve who may be appointed by the Governor.

(2) A member appointed by the Governor shall hold office for three years, and may be re-appointed or removed by the Governor at his pleasure.

(3) Three members of the Medical Board shall form a quorum.

(4) The Director of Medical and Sanitary Services shall be ex officio the chairman of the Medical Board; but in the case of his absence from any meeting of the Board, the members of the Board present shall appoint any other of its members as chairman. The chairman shall have a deliberative

and a casting vote.

(5) The Board may make Standing Orders for regulating the procedure at, and in connection with its meetings.

11. The following persons shall be entitled to be registered in Part I of the register :-

(a) Any person who is duly registered according to law as a medical and surgical practitioner in any other part of His Majesty's dominions and therein is entitled to practise medicine, surgery and midwifery: Provided that such person's qualification is accepted by the General Council of Medical Education and Registration of the United Kingdom as admitting to registration by them;

(b) Any person who holds any degree of medicine and surgery granted by the University of Hongkong.

(c) Any person who holds a degree, diploma or licence in medicine and surgery of any medical school in Europe, the United States of America or the Empire of Japan, the degrees, diplomas, and licences of which are recognised as entitling to registration by the General Council of Medical Education and Registration of the United Kingdom:

(d) Any professor of the Faculty of Medicine in the University of Hongkong.

Provided always that any such person shall prove to

the satisfaction of the Medical Board that he is of good character.

12. (1) Documentary or other evidence of the identity qualification of any person applying for registration under section 11 and applying of the facts and qualifications therein referred to shall be submitted to and forthwith considered by the Medical Board.

to be registered.

First

Schedule

Form No. 2.

(2) If the Medical Board is satisfied with the proofs submitted, it shall grant to such person a certificate in Form No. 2 in the First Schedule or as near thereto as circumstances will permit.

+

1731

(3) Such certificate shall be impressed with a stamp of twenty-five dollars, and, on production to the Director of Medical and Sanitary Services, shall entitle such person to registration as a medical practitioner.

(4) Every person applying for registration under section 11 shall furnish to the Medical Board an address within the Colony at which all notices from the Medical Board may be served on him. Notice of the decision of the Medical Board shall be served on the applicant at the address so furnished.

Medical

strike off

13. (1) If any registered practitioner is convicted of Power of any offence or after due inquiry is considered by the Medical Board to Board to have been guilty of infamous conduct in any pro- censure or fessional respect, the Medical Board may either censure the the register. said registered practitioner or direct that his name be struck off the register.

(2) It shall be lawful for the Medical Board to publish the result of any inquiry held under this section either with or without an account of proceedings at the said inquiry.

(3) The Medical Board may also after due inquiry direct. the name of any person to be struck off the register who, in their opinion-

(a) has obtained registration by fraud or misrepresenta- tion; or

(b) was not at the time of registration entitled to be registered.

(4) Reasonable notice of any proposed inquiry under this section shall be served on the person concerned.

Notice of the decision of the Medical Board shall in all cases under this section be served on the person concerned.

(6) The striking off the register under this section or the publication under sub-section (2) shall not take place until after the expiration of fourteen days from the date of the service of the decision of the Medical Board on the person concerned and in case of appeal shall await the decision of the Governor in Council.

14. Every person who fraudulently procures or attempts Fraudulent to procure himself or any other person to be registered by registration. making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either oral or in writing, and every person who aids and assists him therein, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding two years.

15. Every person who-

(1) Wilfully and falsely takes or uses any name, title, addition implying a qualification to practise medicine

surgery; or

or

Penalty on person falsely taking name

or implying

(2) not being registered, practises for gain, professes to practise, or publishes his name as practising medicine or surgery, or receives any payment as practising medicine or surgery

shall upon summary conviction be liable to a fine not exceed- ing one thousand dollars and to imprisonment for any term not exceeding six months.

qualifica- tion.

Service of notices.

Appeaì.

Saving as to Government,

Naval, Military or Air Force Medical Officers.

Amendment

of Ordin- ance No. 31 of 1911, s. 39 E (9) and Ordin- ance No. 16 of 1914, s. 3 (1).

1732

16. Any notice directed to be served on any person under the provisions of this Ordinance shall, if such notice shall have been posted by registered post to his address given in the register, or, if such person be not registered, then to the address furnished by him to the Medical Board, be deemed to have been served on such person at the time of posting.

17. A right of appeal from any decision of the Medical Board under this Ordinance shall lie to the Governor in Council. Such appeal shall be by means of a written petition. Such petition shall be presented within fourteen days from the date of service of the notice of the decision of the Medical Board on the person concerned. With such petition the Governor in Council may consider any written reply of the Medical Board to such petition. The decision of the Governor in Council upon such petition shall be final.

18. All Government medical officers, all medical officers of His Majesty's Navy, Army or Air Force, respectively serving in the Colony shall be deemed to be medical practitioners; but nothing in this Ordinance shall be deemed to require that they shall be registered whilst so serving.

19.-(1) Sub-section (9) of group E in section 39 of the Interpretation Ordinance, 1911, is amended by the substitution of the words "duly registered or deemed to be a medical practitioner under the Medical Registration Ordinance, 1935," for the words "duly registered under the Medical Registration Ordinance, 1884."

(2) Sub-section (1) of section 3 of the Dentistry Ordin- ance, 1914, is amended by the substitution of the words "medical practitioners" for the words "persons registered under the provisions of the Medical Registration Ordinance, 1884."

Repeal of Ordinances

20. The Medical Registration Ordinance, 1884, the Medical Registration Amendment Ordinance, 1927, and the 1884, No. 20 Medical Registration Amendment Ordinance, 1932, are of 1927, and

No. 1 of

No. 8 of

1932.

repealed..

!

1733

FIRST SCHEDULE.

FORM No. 1.

[s. 4 (1)].

MEDICAL REGISTER.

PART I.

Persons Qualified to practise Medicine and Surgery generally.

Name.

Address.

Nature of qualification.

Date of qualification.

PART II.

Persons authorised by the Governor to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934.

Name.

Address.

Nature of qualification.

Date of authorisation.

FORM NO. 2.

[s. 12 (2)].

CERTIFICATE OF QUALIFICATION FOR REGISTRATION IN PART I

OF THE REGISTER.

HONGKONG

Impressed Stamp.

$25.

This is to certify that A.B. has satisfied the Medical Board that he is duly registered accord- ing to law as a medical practitioner in

and

therein is entitled to practise medicine, surgery and midwifery, and also that he is entitled to be registered by the General Council of Medical Education and Registration of the United Kingdom (or that

1734

he holds the degree of

of the University of Hongkong, or that he holds a degree, diploma or licence in medicine and surgery of

which is а medical school the degrees, diplomas and licences of which are recognised as entitling to registration by the General Council of Medical Education and Registration of the United Kingdom); that he is of good character; and that he is entitled to be registered in Part I of the register under the Medical Registration Ordinance, 1935.

Dater the

day of

By order,

19......

C. D.

Secretary of the Medical Board.

SECOND SCHEDULE.

Ts. 9 (3)].

Regulations to be observed by persons authorised by the Governor under the proviso to section 9 (1) of the Medical Registration Ordinance, 1935, to sign certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934.

1. No certificate of the cause of death shall be granted in any case unless the person giving it was in professional attendance on the patient for a period of not less than forty-eight hours before death.

2. No charge shall be made for a certificate of the cause of death.

3. No certificate of death from cholera shall be granted except with the approval of a Health Officer.

4. In every case presenting choleraic symptoms, the practitioner shall if possible collect in a clean stoppered wide mouthed bottle a specimen of the patient's intestinal discharges, and forward the same without delay to a Health Officer who will decide as to the necessity for a bacteriological examination of such discharges.

5. The name and address of every case of plague, small-pox, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing fever, paratyphoid fever or puerperal fever shall be reported by the practitioner without delay to a Health Officer, and in the case of Chinese patients a notification shall be sent at the same time by the practitioner to the nearest Chinese Public Dispensary.

6. In all cases of doubt as to whether a patient is suffering from an infectious disease, the practitioner shall consult a Health Officer before notifying the case to the nearest Chinese Public Dispensary.

7. Cases of a medico-legal nature which may possibly involve a charge of assault, murder or attempted suicide, and accidents likely to result in death, shall be sent if possible to a public hospital, and failing that the practitioner shall consult with a registered medical practitioner or with a Government medical officer.

8. A weekly return of all certificates of the cause of death issued by each person authorised by the Governor to sign such certificates shall be forwarded by him to a Health Officer and the entries in these returns must correspond exactly with the wording of the certificates with which they will be compared.

9. Every person authorised by the Governor to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1934, shall on or before the 1st day of April in each year apply in writing to the Director of Medical and Sanitary Services for the publication of his name in the list of the persons authorised.

1735

Objects and Reasons.

1. This Ordinance consolidates and amends the Medical Registration Ordinances and Regulations.

2. A Table of Correspondence showing the source of each provision and the extent to which it has been varied is added.

3. The principal change is the division of the register into two parts. Part I will include those who have hitherto been entitled to registration under section 12 of Ordinance No. 1 of 1884 as well as the professors of Medicine of the University of Hongkong, who under section 19 of that Ordinance (as amended by No. 20 of 1927, s. 11) were not required to register but were "deemed to be" registered. Part II will include persons authorised by the Governor to sign medical certificates whose names were published annually in a list in the Gazette under section 9 (2) of Ordinance No. 1 of 1884.

4. One effect of the above change in the register will be to make the persons in Part II of the register "medical practitioners" and as such liable to take out and pay the fees for annual certificates to practise under section 21 (1) of the Stamp Ordinance, No. 8 of 1921. Persons whose whole time is at the disposal of the Crown, professors of the Faculty of Medicine of the University of Hongkong, and persons exempted by the Governor in Council on the ground that their whole time is at the disposal of some charitable institution, do not have to take out such certificates to practise as they are exempted under section 21 (3) of Ordinance No. 8 of 1921, as amended by No. 26 of 1929 and this new Ordinance does not affect that exemption.

5. Another effect of requiring registration in the case of practitioners, who were not required to register under Ordinance No. 1 of 1884, is that it is made clear that these persons are brought under the jurisdiction of the Medical Board, which after due inquiry, in cases of conviction or infamous conduct in any professional respect, may censure a registered practitioner or direct that his name be struck off the register.

July, 1935.

C. G. ALABASTER,

Attorney General.

1736

TABLE OF CORRESPONDENCE.

Medical

Registration Ordinance, 1935, section.

Medical Registration Ordinance

No. 1 of

1884, section.

1

1

2

N

3

3 (1)

4 (1)

4 (1)

Remarks.

4 (2)

4 (3)

10

5

as amended by No. 20 of 1927, s. 2 (a.) and No. 5 of 1928, s. 2. "First Schedule" substituted for "Schedule".

New, but last part founded on s. 3 (2) of

No. 1 of 1884.

4 (2) As enacted by No. 20 of 1927, s. 2 (b). and (3)

10

5

6

6

7

7

As amended by No. 20 of 1927, 8. 3 and No. 5 of 1928, s. 2. "The names of persons added to the register shall be published in the Gazette", "and from subsequent issues of the Gazette" and the proviso are new.

As amended by No. 20 of 1927, s. 4 and

No. 5 of 1928, s. 2.

As amended by No. 20 of 1927, s. 5 but "any Ordinance relating to stamp duty" substituted for "section 21 of the Stamp Ordinance, 1921" and except in the case of a person whose conditions of

of employment do not permit him to do so, added.

8

8

9 (1)

9 (1)

"in part I of the register" added "1934" substitued for 1896" and "if such person is registered in part II of the register" substituted for "as if they were signed by a registered person".

Omitted.

Covered by section 5.

Last sentence is new.

1

9 (2)

9 (2)

9 (3)

New.

9 (3)

10 (1)

10 (1)

As amended by No. 5 of 1928, s. 2. "shall continue to function and shall consist, as heretofore, substituted for "shall be established, and shall consist".

10 (2)

10 (2)

10 (3)

10 (3)

10 (4)

10 (4)

As amended by No. 8 of 1982, s. 2.

10 (5)

10 (5)

do.

11

12

First two lines redrafted. Paragraph (d)

added.

i

1737

Table of Correspondence,-Continued.

Medical

Registration Ordinance, 1935, section.

Medical Registration

Ordinance

No. 1 of 1884, section

Remarks.

12 (1)

12 (2)

13 (1)

13 (2)

"section 11" substituted for "section 12".

12 (3)

13 (3)

12 (4)

13 (4)

"Form No. 2 in the First Schedule" sub- stituted for "Form No. 3 in the' Schedule".

As amended by No. 20 of 1927, S. 6 (1)

and No. 5 of 1928, s. 2.

As enacted by No. 20 of 1927, 8. 6 (2). "Section 11" substituted for "section 12".

As enacted by No. 20 of 1927, .s 7.

13

14

14

16

15

17

16

15

17

18

18

19

19

20

First

Schedule.

Schedule.

Form No 1.

Form No. 2.

Second

Schedule.

As amended by No. 20 of 1927, s. 9.

As enacted by No. 20 of 1927, s. 8.

As enacted by No. 20 of 1927, s. 10.

Redrafted. Reference to professors added by No. 20 of 1927, s. 11 omitted.

New.

New.

Form No 1.

Form No. 3.

Redrafted and divided into 2 Parts.

"In part I of the register" added in two

places.

Regulations of Hong Kong, 1844-1926 pp. 114-115 as amended by G. N. 348 of 1926. "a Health Officer" substituted for "The Medical Officer of Health or Assistant Medical Officer of

an

Health".

1738

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 281.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

 ports from 1st April. Steerage passengers must comply with the vaccination requirements.

All ports in the United States of America, including the

Inspections outside the

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

13th September, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S, 301.

R. A. D. FORrest,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

  No. S. 282.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 27th day of September, 1935.

The Lot is to be let for the term of Five years from the date of auction for a Fish Pond only at the highest Annual Crown Rent that shall be bid at the time of letting, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (c) and Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Acre.

Upset

Upset. Annual Price. Crown

N.

S.

E.

W.

Rent.

Lantao Demarcation District

No. 302, Lot No. 244.

Tai 0.

:

$

*82

Nil. 8.20

Subject to readjustment as provided by the

Conditions of

Sale.

1738

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 281.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

 ports from 1st April. Steerage passengers must comply with the vaccination requirements.

All ports in the United States of America, including the

Inspections outside the

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

13th September, 1935.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S, 301.

R. A. D. FORrest,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

  No. S. 282.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 27th day of September, 1935.

The Lot is to be let for the term of Five years from the date of auction for a Fish Pond only at the highest Annual Crown Rent that shall be bid at the time of letting, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (c) and Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Acre.

Upset

Upset. Annual Price. Crown

N.

S.

E.

W.

Rent.

Lantao Demarcation District

No. 302, Lot No. 244.

Tai 0.

:

$

*82

Nil. 8.20

Subject to readjustment as provided by the

Conditions of

Sale.

1739

SPECIAL CONDITIONS.

  1. The lessee shall not cut or cause damage to the public path on the eastern side of the pond.

  2. Any such damage shall be repaired to the satisfaction of District Officer, South, and at the lessee's expense.

7th September, 1935.

J. S. MACLAREN, District Officer, Southern District.

No. S. 283.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Fire Service Installation at The New Central British School, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 23rd day of September, 1935.

The work consists of supplying and fixing :-

Fire Hydrants, Adaptors, and Branch Pipes. Canvas Hoses, Couplings, and Spanners. Foam Fire Extinguishers. Illuminated Exit Signs. Lantern Light Gearing.

Projector Room Shutters.

As security for the proper performance of the works under this Contract the successful tenderer will be required to deposit in cash a sum of $100 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

W. A. CORNELL, Architect for

Central British School.

9th September, 1935.

1

PUBLIC WORKS DEPARTMENT.

No. S. 284.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Air Conditioning Installation, Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of October, 1935. The work consists of the supply and installation of an Air-Contioning Plant to certain portions of the hospital block.

As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $3,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th September, 1935.

R. M. HENDerson,

Director of Public Works.

1739

SPECIAL CONDITIONS.

  1. The lessee shall not cut or cause damage to the public path on the eastern side of the pond.

  2. Any such damage shall be repaired to the satisfaction of District Officer, South, and at the lessee's expense.

7th September, 1935.

J. S. MACLAREN, District Officer, Southern District.

No. S. 283.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Fire Service Installation at The New Central British School, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 23rd day of September, 1935.

The work consists of supplying and fixing :-

Fire Hydrants, Adaptors, and Branch Pipes. Canvas Hoses, Couplings, and Spanners. Foam Fire Extinguishers. Illuminated Exit Signs. Lantern Light Gearing.

Projector Room Shutters.

As security for the proper performance of the works under this Contract the successful tenderer will be required to deposit in cash a sum of $100 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

W. A. CORNELL, Architect for

Central British School.

9th September, 1935.

1

PUBLIC WORKS DEPARTMENT.

No. S. 284.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Air Conditioning Installation, Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of October, 1935. The work consists of the supply and installation of an Air-Contioning Plant to certain portions of the hospital block.

As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $3,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th September, 1935.

R. M. HENDerson,

Director of Public Works.

[1

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 8 of 1932.

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), Kowloon, in the Colony of Hong Kong, clerk.

T was ordered on the 17th day of July, 1935, that the above-named Cecilio Paulo Pintos's discharge be suspended for four calender months, and that he be discharged as from the 17th day of November, 1935.

Dated this 13th day of September, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 10 of 1935.

Re Wing Tai Loong and Company, of No. 57 Wing Lok Street, Victoria, in the Colony of Hong Kong, and Li Cheung Chiu the sole proprietor thereof.

ECEIVING Order made 7th day of Date and place of

R. September, 1935.

first meeting of Creditors, 19th day of Septem-

A

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 8 of 1932.

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), Kowloon, in the Colony of Hong Kong, clerk.

SECOND and final dividend is intended

to be declared in this matter. Creditors who have not proved their debts by the 23rd day of October, 1935, will be excluded.

Dated the 13th day of September, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Adjudication and Appointment of Trustee.

No. 8 of 1935.

Re Chui Yuen Restaurant, of No. 2 Peel Street, Victoria, in the Colony of Hong Kong, and Kwan Chung Man, the managing partner therein.

HE above-named Chui Yuen Restaurant

ber, 1935, at 10.30 a.m. in the Official Recei-and Kwan Chung Man, Managing Part-

ver's Office.

NOTE. All debts due to the estate should be paid to me.

No. 13 of 1935.

Re Alvaro Alvares Alves residing at No. 11 MacDonnell Road, Victoria, in the Colony of Hong Kong, and formerly carrying on business at Stock Exchange Building, Ice House Street, Victoria aforesaid, Stock and Share Broker.

ECEIVING Order made 7th day of

R September, 1935. Date and place of

first meeting of Creditors, 19th day of Septem- ber, 1935, at 11.30 a.m. in the Official Recei- ver's Office.

NOTE. All debts due to the estate should be paid to me.

No. 11 of 1935.

Re Kan Iu Cho (簡耀初)

of Nos. 84 and 98 Queen's Road West, Victoria, in the Colony of Hong Kong, and lately carrying on business at No. 84 Queen's Road West, in the name of Wing Tai firm, No. 60E Belcher Street, in the name of Wing Tai Chan, K.I. Lot No. 1026 Hoi Tan Street, in the name of Wing Tai Chan, Shamshui- po, N.K.I. Lot 1897 in the name of Wing Tai Chan, Lot 521 Cheung Sha Wan, in the name of Wig Mow Cheong, Kansu Street, Yaumati, in the name of Wing Shing, No. 98 Queen's Road West, in the name of Wing Shing Cheong, No. 375 Lock- hart Road, in the name of Wing Shing Cheung and Marsh Road, in the name of Wing Shing Cheong sawmill.

7th day of September, 1935. Date and place of first meeting of Creditors, 20th day of September, 1935, at 11.00 a.m. in the Official Receiver's Office.

RECEIVING Order made

NOTE. All debts due to the estate should be paid to me.

Dated the 13th day of September, 1935.

JAMES J. HAYDEN,

Official Receiver

ner therein, were adjudicated Bankrupt on the 7th day of September, 1935, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt firm.

No. 9 of 1935.

Re Augusto Arthur Mattos, of No. 66, Parkes Street, (First Floor), Kow- loon, Clerk.

HE above-named Augusto Arthur Mattos,

Tras adjudicated Bankrupt on the 7th day

of September, 1935, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

Dated the 13th day of September, 1935.

AT

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG,

(COMPANIES WINDING-UP)

No. 5 OF 1935.

In the Matter of the Companies Ordin-

ance, 1932,

and

In the Matter of The Outdoor Sports Equipment Company, Limited.

NOTICE is hereby given that a Petition for the winding-up of the above-named Com- pany by the Supreme Court of Hong Kong was, on the 6th day of September, 1935, presented to the said Court by Messrs. Jardine Matheson and Company Limited, whose registered office is situate at No. 18 Pedder Street, Victoria, in the Colony of Hong Kong. And that the said Petition is directed to be heard before the Court, sitting at the Supreme Court on Monday the 30th day of September, 1935, at 10 o'clock in the forenoon: and any creditor or contribu- tory of the said Company desirous of supporting or opposing the making of an Order on the said Petition may appear at the time of hearing by himself or his counsel for that purpose; and a copy of the Petition will be furnished to any creditor or contributory of the said Company requiring the same by the undersigned on payment of the regulated charge for the same.

Dated the 9th day of September, 1935.

LO AND LO, Alexandra Building, Des Voeux Road Central,

Hong Kong.

Solicitors for the Ietitioners,

NOTE: Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above- named, notice in writing of his inten- tion to do so. The notice must state

the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, of his or their Solicitor (if any), and must be served, or if posted, must be sent by post in suffi- cient time to reach the above-named not later than six o'clock in the after- noon of the 29th day of September, 1935.

NOTICE.

Foreign Attachment.

In the Matter of The Companies Ordin- NOTICE is hereby given that by a Writ of

ance, 1932

and

In the Matter of The Sun Hing Knitting

Company, Limited.

EXTRAORDINARY RESOLUTION

T an Extraordinary General Meeting of the members of the abovenamed Com- pany duly convened and held at its Registered Office at No. 200 Nanchang Street, Shamshuipo, Kowloon, in the Colony of Hong Kong, at 11.30 o'clock a.m. on the 31st day of August, 1935, the following resolution was passed as an Extraordinary Resolution:-

"That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily

Summons issued in an action entituled "In the Supreme Court of Hong Kong, Sum- mary Jurisdiction, Action No. 1188 of 1935, Between The Sham Mow Timber and Saw Mills Company Limited, Plaintiffs and Li Yau formerly trading as Li Sang Company Yau Kee otherwise known as Li Sang Company, Defendant", dated the 1st day of August, 1935, and amended on the 14th day of August, 1935, the Plaintiffs The Sham Mow Timber and Saw Mills Company Limited whose registered office is situate at Hunghom Inland Lots Nos. 238 and 239, Hunghom, Kowloon in the Colony of Hong Kong, claim against the Defendant Li Yau formerly trading as Li Sang Company Yau Kee otherwise known as Li Sang Company formerly carrying on business at No 72 Argyle Street, First Floor, Kowloon aforesaid the sum of $735.63 balance due for timber sold and delivered AND NOTICE is further given that pursuant to Chapter XVII of the Code of Civil Procedure, Section 453, a Writ of Foreign Attachment was, on the 5th day of September,

and that Wong Chai Hing (1935, issued by the Registrar of the Supreme

of No. 203 Cheung

Sha Wan Road (2nd floor), Sham-

shuipo, Kowloon aforesaid be ap- pointed Liquidator for the purposes of such winding up ".

Dated the 5th day of September, 1935.

吳煜存

Chairman.

Court commanding the Bailiff of the Supreme Court to forthwith attach all the property, movable and immovable, of the abovenamed Defendant, which shall be found within the Colony, and to return the said Writ into the said Court on the 27th day of September, 1935.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Plaintiffs.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of John Duncan Thomson formerly of Kobe, Japan, late of Barbreck, Bentick Drive, Troon, in the County of Ayr, Scotland, Retir- ed Insurance Agent deceased.

NOTICE is hereby given that the Court has

      by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 5th day of October, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 13th day of September, 1935.

DEACONS,

Solicitors for the Executors, No. 1, Des Vœux Road Central, Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION,

In the Goods of Leonor Maria Marques late of Macau in the Portuguese Colony of Macau, Spinster, deceused.

NOTICE is hereby given that the Court

      has by virtue of the provisions of Sec- tion 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to the 5th day of October, 1935.

    All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 13th day of September, 1935.

DEACONS,

Solicitors for the Administrator,

1, Des Voeux Road Central,

Hong Kong.

1747

THE HONGKONG LAND INVESTMENT & AGENCY CO., LTD.

N

4% DEBENTURES

OTICE is hereby given that Interest for the six months ending the 30th September, 1935, on the above Debentures will be payable at the Offices of the Company on Monday, the 30th September, 1935.

The Register of Debentures will be closed from Monday, the 23rd September, to Saturday, the 28th September, both days inclusive, during which period no transfer of Debentures can be registered.

A

Dated the 13th day of September, 1935.

By Order of the Board of Directors,

O. EAGER,

Secretary.

NATIONAL TRADING CO., LTD.

(In Voluntary Liquidation.)

T an Extraordinary General Meeting of the Members of the above Company held on Monday the 2nd day of September, 1935, at No. 8A, Des Voeux Road Central, 1st floor, Victoria, in the Colony of Hong Kong, a Special Resolution was passed that the Company be wound up voluntarily and that two Liquidators be appointed to be named by the Board of Directors and the Chairman, and in pursuance thereof, it was resolved that Mr. Ow Yeung Kin Hing of No. 157 Wing Lok Street, Victoria aforesaid, auditor, and Mr. To Wui Chuen of No. 9 Li Kwan Road, Victoria aforesaid, mer- chant, be appointed Liquidators.

Dated the 12th day of September, 1935.

HENRY T. WONG,

Attorney.

NOTICE.

(FILE No. 320 of 1935) TRADE MARKS OR DINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Naamlooze Vennootschap Philips Gloeilampenfa- bricken of Emmasingel 29, Eindhoven, Hol- land, have on the 1st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

'PHILIPS "

in the name of Naamlooze Vennootschap Philips Gloeilampenfabricken, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1923 in Class 13 in respect of electric lamps (ordinary) electric lamp fittings and lamp reflectors, all being goods of ordinary metal but not including electric lamp fittings for use on vehicles and reflectors for vehicle lamps.

The mark has been declared to be distinctive by Order of His Excellency the Officer Ad- ministrating the Government pursuant to Sec- tion 9(5) of the Trade Marks Ordinance 1907.

Facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of September, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 370 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that The Grand

Dispensary Limited, of China Building, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 30th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

ship theretofore subsisting between the

N

OTICE is hereby given that the Partner-

白告項出頂承

H

Canton Neco Neon Company

國光管公司) of Canton in the

Retiring Partners) carrying on business under

Vœux Road Central, Victoria aforesaid Neon

Sign makers has been dissolved so far as the

快活汁

(2)

HAPPY KID BABY WATER

who claim to be the sole proprietors thereof.

The Trade Marks has been used by The Grand Dispensary Limited in respect of Patent Medicine for infants and children in Class 3 since August, 1934.

Province of Kwangtung, in the Republic of -

                 China, (hereinafter called the Continuing Part- 九頂華興怡九與貨欄者 ners) & Fung Yue (馮裕) alias Fung Yuen 三人洋全隆月集物經香 Shin Tong (馮元善堂) and Tam Ho 五並轉記興十福架由港 Hing (譚河卿) alias Hop Sing Tong 年不欄名六堂生各梅(合成堂) both of Victoria, in the 九資未有字日承像股芳 Colony of Hong Kong, hereinafter called the Ƒ⭑the Ƒ✶ the style or firm name of Neco Neon Company, in the name of The Grand Dispensary Limited, 十清者到上易經裝議二(利國光管公司) of No. 144 Des =ACKA 日及由號地楚立按 出承 交出貨址交約櫃全號 頂頂 涉頂揭照易收銀 In JHK 人人特人附常之定再生十 怡集 此怡會營後訂賒意二 聲降担業承期出連號 明興保尙頂一貨同怡 欄等日人九賬招隆 理項前擬三等牌興 安與怡仍五項舖全

欄堂

abovenamed Retiring Partners are concerned -- who have retired from the said company.

Notice is hereby further given that the Con-

tinuing Partners alone and no other person is authorised to enter into any contract or create of the said Neco Neon Company as from the

any liability or incur any obligation on behalf

1st day of September, 1935.

Dated the 13th day of September, 1935.

Y. ATONG HSU,

Managing Partner,

CANTON NECO NEON CO.

Registration of the Happy Kid Baby Water Trade Mark shall give no right to the exclusive use of the words "Baby Water" appearing thereon.

Registration of the

Trade

Mark shall give no right to the exclusive use of the Chinese character thereon.

appearing

Dated the 13th day of September, 1935.

THE GRAND DISPENSARY LIMITED,

Hong Kong, Applicants.

174%

(FILE No. 356 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that Wm. Wrigley Jr. Company, a Corporation

        organized and existing under the laws of the State of Delaware, with a principal place of business at 400 N. Michigan Avenue, City of Chicago, County of Cook, State of Illinois, United States of America, have on the 28th, day of August, 1935, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Marks:-

(1)

(2)

(FILE No. 361 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Nam

NOTIC

Long Firm,) of Songo- joedan, Sourabaya, Dutch East Indies, have, by an application dated the 29th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

WHOA MIN ODDIHO

Avedwo

up kalbim wm

WRIGLEY'S

P.K.

CHEWING GUM

PEPPERMINT FLAVOR

REG.U.S.PAT.OFF.

P.K.

PACKED TIGHT

KEPT RIGHT 4 PIECES

WRIGLEY'S P.K.

CHEWING GUM

PEPPERMINT FLAVOR

MADE IN USA. 1921

吸喱製造 美國老 留蘭香味 口氣芬芳

WRIGLEY'S FR

SPEARMINT

CHEWING SWEET

MADE IN U.S.A.

TRADE MARK

THE FLAVOUR Lasts

THE

TRADE

LASTS

NEW YORK Wm. Wrigley Jr. Company, CHICAGO

白牙齒 止渴 食開胃 培養功

NEW YORK Wm. Wrigley Jr. Company, CHICAGO

(3)

BUFFALO

MARK

in the name of the said Nam Long Firm, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Common soap in Class 47.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

WRIGLEY'S

JUICY FRUIT

ZCHEWING SWEET

FIVE STICKS

mvrigley & Co.

CHICAGO

TE

NEW YORK

(FILE No. 387 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Man Tsun Firm (萬春茶莊)of No.

8 Western Street, (first floor), Victoria, Hong Kong, have, by an application dated the 6th day of September, 1935, applied for the regis tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

消食開

in the name of Wm. Wrigley Jr. Company, who claim to be the proprietors. thereof.

       Trade Mark No. 1 has been used by the Applicants, in the colors Yellow Red and Green since 25th August, 1921, Trade Mark No. 2 has been used by the Applicants in the colors Green and Red since 22nd September, 1917 and Trade Mark No. 3 has been used by the Applicants in the colors Purple, Gold and Green since 22nd September, 1917, (and registration is. limited to such colors respectively) all in respect of the following goods:-

Chewing Gum, in Class 42.

COW BRAND

in the name of the said Man Tsun Firm, who claim to be the proprietors thereof.

        Trade Marks Nos. 1 and 2 are associated with each other and with Trade Marks Nos. 1 of 1916, 121 of 1927, and 214 of 1927, and Trade Mark No. 3 is associated with Trade Marks Nos. 14 of 1918 and 368 of 1921. The Registration of Trade Mark No. I shall give no right to the exclusive use of the word Wrigley's" and the letters "P. K." appearing thereon either in by the applicants forthwith in respect of combination or separately. The Registration of Trade Marks Nos. 2 and 3 shall give no right to the exclusive use of the word "Wrigley's" appearing theron respectively.

66

Dated the 12th day of September, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

The said Trade Mark is intended to be used

Chinese tea in Class 42.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

(FILE No. 351 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Luen Fung

& Co., of 49, Nathan Road, Kowloon, Hong Kong, and of 13, Sun Hing Street,

Canton, China, on the 26th day of August, 1935,

applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following

Trade Mark:-

1749

(FILE NO. 284 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Wai Shiu Pak alias Vi-Khai trading as Yee

Tin Tong Dispensary of No. 182 Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 29th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

YEE TIN TONG BUDDHA BALM

「天堂葯行創湫

5 佛標铁盒二天商

TEPEKONG BALSEM

(1)

TRADE

MARK

TEPEKONG BALSEM

NTASTI İSTİNATATIRENIN

BUDDHA BALM

perferi

This wonderful Beim vemarty for Che Cold, Cough, Mandache

Rheumanum Sorrow Toothache Gov Lumbago Scorza Warpion, Asthma, Insect bits. Slings Gas Buses Crames and all other bady

Comanes

(2)

BUDDHA

BALM

FEE TIN

TEPENONG

ONG

   in the name of Luen Fung & Co., who claim to be the proprietors thereof.

    The Trade Mark has been used by the Ap- plicants in respect of Fire-works and Fire- crackers in Class 20.

    The registration of this Mark shall give no right to the exclusive use of the firm name in English and Chinese and of the numerals "80/16" and "1" appearing thereon in com- bination or separately.

Dated the 13th day of September, 1935.

LUEN FUNG & CO., Applicants.

(FILE No. 341 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

【OTICE is hereby given that Hok Lap Hin

NOT

(F), of No. 124, Wing Lok Street, Hong Kong, have on the 19th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

HOK

標商

LAP

牌立鶴

HIN

in the name of Wai Shiu Pak alias Vi-Khai trading as Yee Tin Tong Dis- pensary, who claims to be the Proprietor thereof.

The Trade Marks 1 and 2 are intended to be used by the applicant in Class 3 in respect of Chemical Substances prepared for use in medicine and pharmacy.

The registration of the 2 marks is limited to the colours as shown on

the marks.

The Trade Marks 1 and 2 are associated with each other and with Trade Marks Nos. 147 of 1928, 250 of 1930, 214 to 220 of 1931 and with the "Wahiren & Budha " mark of pending application No. 220 of 1934.

The applicant disclaims the right of the exclusive use of the tin device in Trade Mark No. 1.

Trade Mark No. 2 is registered as a series of Trade Marks and are associated with each other.

Facsimile of such Trade Marks can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

RUSS & CO., Solicitors for the Applicant, No. 6, Des Voeux Road Central, Hong Kong.

RADE

R

Trade and Shipping Returns for the month of July, 1935.

by

in the name of Hok Lap Hin (#), COMPILED to the Statistical

of (鶴立軒),

who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to

use it forthwith in respect of Joss Sticks in

Class 50.

     A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of September, 1935.

HOK LAP HIN,

Applicants.

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),..... Half year, Three months,

$18.00

(do.), (do.),

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

$1.001 for let $0.20 ƒ insertion.

5 cents. Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

(FILE No. 259 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that United States Drug Store, of No. 5, Wing Lok Street, Ground floor, Victoria, in the Colony of Hong Kong, have on the 22nd day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TABLETTEN

30

SATOBEN

TRADE

MARK

SOLE AGENTS:- U. S. D. S.

H. K.

片藥毒血綠茶

理經行爍 鞎婚

30 TABLETTEN

THANE SATOBEN

MARK

in the name of United States Drug Store, who claim to be the proprietors thereof.

     The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

     The above Trade Mark is associated with Trade Marks No. 204 of 1934 and No. 252 of 1935.

The applicants disclaim the right to the ex- clusive use of the letters (U.S.D.S. H.K) in combination or separately and the Chinese

Characters) appearing thereon.

      A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO. Solicitors for the Applicants, York Building, Second floor, Hong Kong.

(FILE No. 252 of 1935)

TRADE MARKS ORDINANCE, 1909..

N

Application for Registration of a

Trade Mark.

OTICE is hereby given that United States Drug Store, of No. 5, Wing Lok Street,

ground floor, Victoria, in the Colony of Hong Kong, have on the 18th day of June, 1935,

applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Mark :--

「經

理邦!

1750

(FILE No. 240 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that United States Drug Store of No. 5, Wing Lok Street, ground floor, Victoria, in the Colony of Hong Kong, have on the 6th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

STRENGTHENING THE KIDNEY

ΙΣ

STRENGTHENING

THE KIDNEY

SELOVER

in the name of United States Drug Store, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

A facimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building. Second floor,

Hong Kong.

(FILE Nos. 22 AND 302 Of 1935) TRADE MARKS ORDINANCE 1909.

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Standard- Vacuum Oil Company of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broad- way, New York City, New York, United States of America, and Union Building, Victoria,

(FILE No. 303 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Texas

Company, a corporation organized and existing under the laws of the State of Dela- ware, United States of America, having an office at 135 East 42nd Street, City and State of New York, United States of America, have on the 27th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

MARFAK

in the name of The Texas Company, who claim to be the sole proprietors thereof.

The above Mark has been used by the Appli- cants in respect of Heating, lighting and lubri- cating oils and greases in Class 47 since about April 20th, 1911.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

(FILE No. 326 of 1935)

TRADE MARKS ORDINANCE, 1909.

Hong Kong have on the 17th day of January, N

1935, and 19th day of July, 1935, respectively, applied for the registration in liong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :--

(1)

牌風順

Application for Registration of a Trade Mark.

OTICE is hereby given that the lung

Koon Chow Tai Yeuk Hong

of No. 221 Queen's Road

Central, Victoria, in the Colony of Hong Kong,

have on the 27th day of July, 1935, applied for\

the registration in Hong Kong, in the Register

of Trade Marks, of the following Trade Mark namely:-

行藥大洲冠染

62)

in the name of United States Drug Store, who claim to be the proprietors thereof.

     The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

      The Trade Mark is associated with Trade Mark No. 259 of 1935.

The applicants disclaim the right to the ex- clusive use of the Chinese characters ( #) appearing thereon.

     A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second floor, Hong Kong.

(2)

ESSOLEUM

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark (2) is associated with Trade Marks Nos. 89, 90, 91 and 92 of 1935 and with the Esso-Mar mark of pending application No. 239 of 1935.

11

Mark (1) has hitherto been used by the applicants in respect of Illuminating Oils in Class 47.

Mark (2) has not hitherto been used by the applicants but it is their intention to use it

in the name of the said Hung Koon Chow Tai

Yeuk Hong,(洪冠洲大藥行)

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 3 in respect of Chemical substances prepared for use in medicine.

The applicants disclaim the right to the ex- clusive use of the Chinese characters

in respect of "Refined, semi-refined and un-"appearing thereon.

refined oils, greases and other products made from petroleum, both with and without the admixture of animal, vegetable or mineral substances for illuminating, burning, power, fuel, lubricating, solvent and other purposes in Class 47.

Dated the 9th day of August, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

Asst. General Manager.

66

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 9th day of August, 1935.

P. H. SIN & CO., Solicitors for the Applicants,

Asia Life Building, Hong Kong.

(FILE No. 271 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given, that Cheong On

Metal Works of Nos. 19 to 31 Sharp Street East, Victoria, in the Colony of Hong Kong, have on the 5th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :-

(FILE No. 204 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE & Bone, Limited, of 22, Albert

OTICE is hereby given that Haythornth-

Street, Brierfield, Lancashire, England, Manu- applied for the registration in Hong Kong, in facturers, have on the 26th day of March, 1935,

the Register of Trade Marks of the following Trade Mark :-

GRENFELL CLOTH

(FILE No. 246 of 1935).

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tin Heung Company, of No. 80, Bouham Strand East, Victoria, in the Colony of Hong Kong, have on the 13th day of June, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark:-

TRADE TIGERM

MARK

PREPARED BY SAM YUE CO. WENCHOW, CHEKIANG

CHEONG ON METAL WORKS

TRADE MARK

TRAIN BRAND MADE IN HONGKONG

CHEONG ON METAL WORKS

CANTON & HONGKONG

"TRAIN BRAND"

FLASHLIGHTS & BATTERIES Our "Train Brand" Flash lighta & Batteries have gained world wide Reputation. All latest improvements. duce let class quality goods at moderate prices to suit every requirement, cboice and purse. Obtainable in standard sizes of latest de-

signs.

Pro-

SATISFACTION SURE & CERTAIN SERVICE

GUARANTEED.

CANTON FACTORY

15. Sin Lom Hong.

Wol Fook Road, C CANTON

HONGKONG FACTORY 17.31, Sharp Street, E.

P. O. Box No. 823

HONGKONG. T. A. "CHEON"

اله

THAYTHOR

LODGE MILL BURNLE

MADE IN

ENGLAND

FOR GRENFELL OF LABRADOR

in the name of Haythornthwaite & Sons, Limit- ed who claim to be the sole proprietors thereof. The Trade Mark has been used by the Ap- plica ts in respect of piece goods composed wholly or mainly of cotton in Class 24.

The Applicants disclaim the right to the exclusive use of word " Grenfell" appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 12th day of July, 1935.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

WEIGHT 14 OUNCES

PREPARED IN CHINA

MANUFACTURED BY SAM C. YUE OWKIANG. REGISTERED AT THE INDUSTRIAL BUREAU OF THE CENTRAL GOVERNMENT

in the name of the Tin Heung Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since June, 1933, in respect of the following goods :-

Condensed Milk, in Class 42.

Dated the 12th day of July, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

PRADE IN HONGKĄ NË

  in the name of Cheong On Metal Works, who claim to be the proprietors thereof.

>"

The Trade Mark has been used by the Appli- cants since the year 1925 in Class 8 in respect of Electrical Flash Lights and Batteries.

   The Applicants disclaim the right to the exclusive use of the letters

"T.A.

and the words "Cheon" and "Cheong On ".

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building, Second Floor,

Hong Kong.

NOW READY.

STREET INDEX

Twenty-Third Edition

REVISED

EVISED Edition, which includes all alterations up to February,

1935.

    Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

Price $50 COPY

obtainable at

NORONHA & CO.

NOTIC

(FILE No. 260 of 1935)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Coleman and Company, Limited, of Win- carnis Works, Lower Westwick Street, Norwich, England, have by an application dated the 16th day of May, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

COLEMAN'S

VITACUP

The Family

VITACUP

Food

n a delicious, Nughly convenerand on food, made from Man. Mik, Eggi and Chocolate

Imort nowwhing and muly digestible, so that it may be mkun micly by young children and adulu dike. It is particularty recommended for-levalda and Convaincants whose digurtion as weakened or smpared

GUARANTEE-Coleman and Company guarantee VITACUP to be made from the finest ingradasm obminable 3r ́s packed in an up-to-date honey under the man careful supernues of fully qushfed chemiso

DIRECTIONS FOR USE-Fill cup with hot (ner boikoa) milk, or milk and weter, and then four two or more spoonful of VITACUP 16, 199 #mid var. Sugie may be added if desired

in Hot Weather-Same as above, wing cold malt má

under instead of hon

On Broad, Porridge, Fruit, Milk Puddings, etc. Children love the dry VITACUP gesmule spred on brend and barer It gives them tươourishment. A spoonful of two speakled over breakfast porridge adda y descasa favour to the porridge and grudly incresim in food valu Try sprinking "VITĂCUP over milk puddings, weed fruit, KK, her serving

IMPORTANT - Replace lid and store in a dry place COLEMAN AND COMPANY LIMITED, NORWICH,

EXPORT PACK

FARM

EGCS

DELICIOUS

FOOD BEVERAGE

FULL

CREAM

MILK

FROM ENGLISH

COLEMAN'S VITACUP

CHOCOLATE

-ĠUARANTE

AND WHOLESOME

COLEMAN, & COMPANY OR

DAIRY FARMS

BARLEY MALT

in the name of the said Coleman and Company, Limited, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in respect of a preparation containing malt, milk, eggs and chocolate for making a beverage in Class 42.

The registration of the said Trade Mark shall give no right to the exclusive use of the word COLEMAN'S".

"C

Dated the 12th day of July, 1935.

GEO. K. HALL BRUTTON & CO,,

Solicitors for the Applicants, George's Building, Hong Kong.

PRINTED ANd Published by NORONHA & CO.. PRINTERS TO THE Hong Kong GovernmenT.

1754

NOTICES

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 285.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is-

lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

20th September, 1935.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

R. A. D. FORrest,

Colonial Secretary.

HARBOUR DEPARTMENT.

   No. S. 286.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to S. L. 'G. P. O. 2", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of October, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

   The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

20th September, 1935.

G. F. HOLE,

Harbour Master.

}

1755

SANITARY DEPARTMENT.

  No. S. 287.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Earthenware Urns", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 8th day of October, 1935, for the supply of Earthenware Urns for use in the Government Cemeteries, for the period of one year from the 1st January next :-

500 urns (400 medium and 100 small) for Chai Wan Cemetery. To be delivered

on or about 2nd July, 1936, in one consignment.

7,000 medium urns for Aplichau Cemetery. To be delivered in monthly con-

signments of 1,000 medium urns commencing from 1st March, 1936.

  Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of their tender, which sum shall be for- feited to the Crown, should the successful tenderer fail or refuse to carry out his tender.

Prices to be quoted in Hong Kong currency.

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

  The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $500 in the Colonial Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

20th September, 1935.

SANITARY DEPARTMENT.

  No. S. 272.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for re-numbering old Head Stones", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 24th day of September, 1935, for re-numbering old Head Stones in the Government Cemeteries, for the period of one year from the 1st January next.

  Tenderers must produce a receipt that they have deposited in the Treasury the sum of $10 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the tender be accepted.

For full particulars apply at the Office of the Secretary to the Sanitary Board. For form of tender apply at the Colonial Secretary's Office.

  The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $50 in the Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

6th September, 1935.

IN THE SUPREME COURT OF HONG KONG

TAK

(COMPANIES WINDING UP.)

No. 3 of 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of The Hong Kong

Amusements Limited.

AKE NOTICE that the Court has fixed Monday, the 30th day of September, 1935, at the Chambers of His Honour the Chief Justice Sir Alasdair Duncan Atholl MacGregor, K. C., at 10.30 o'clock in the forenoon, for considering the resolutions and determinations of the meetings of creditors and contributories held herein, deciding differences, and making such order thereon as shall be necessary, in- cluding hearing the application for the appoint- ment of Mr. John Hennessey Seth as liquidator and Messrs. P. M. N. da Silva, J. P. Ulderup and W. E. Denison all of Hong Kong as the Committee of Inspection.

Dated this 20th day of September, 1935.

JAMES J. HAYDEN, Official Receiver and Provisional

Liquidator.

THE NATIONAL COMMERCIAL AND SAVINGS BANK, LIMITED.

N OTICE is hereby given that a Meeting

of the Creditors of The National Com- mercial and Savings Bank, Limited, will be held at the registered office of the Bank, No. 8A, Des Vœux Road Central, Victoria, Hong Kong, on Saturday, the 28th day of September, 1935, at 2.30 o'clock in the afternoon, pursuant to Section 227 of the Companies Ordinance, 19.2.

Dated the 17th day of September, 1935.

By Order of the Board,

MANN K. WONG, Secretary.

1761

NOTICE OF TRANSFER

IN pursuance of Section 3 of the Fraudulent

Transfer of Businesses Ordinance No. 25 of 1923, Notice is hereby given that Lau Ching Chuen, Chu Cho Ting, Chan Wai Nam and Ho Shiu Kang carrying on busi- nes as Timber Merchants under the name of Wing On Firm, at Great George Street, Vic- toria, in the Colony of Hong Kong, (hereinafter called "the Transferors ") intend to transfer the said business on the 15th day of October, 1935, to Ip Yat Shing of No. 4 Tin Lok Lane, Victoria aforesaid Merchant (hereinafter called "the Transferee ") who will carry on the said business at the same address. It is not intend- ed that the Transferee shall assume any of the liabilities incurred in the said business by the Transferors.

Dated this 15th day of September, 1935.

HASTINGS & CO., Solicitors for the Transferors, RUSS & CO.,

Solicitors for the Transferee.

(FILE No. 499 of 1934)

TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that International

General Electric Company Incorporated of No. 120 Broadway, New York City, New York, in the United States of America, have on the 20th day of September, 1934, applied for registration of the following Trade Mark :-

燈電明發生迪安

NOTICE.

NOTICE is hereby given that by an Inden-

ture dated the 19th September, 1935, made between the undersigned the Executors

of Woo Hay Tung (胡禧堂) alias U Hang Shing (deceased of the one part and O Hop Kee (at

柯合記) the other part All That share of the said de ceased of the nominal value of $1,000 in the

Nam Tai Hang Kee firm (D);

of No. 127 Des Voeux Road Central, Hong Kong was for the consideration therein men- tioned assigned to the said O Hop Kee by the i undersigned as such Executors as aforesaid.

Dated the 19th day of September, 1935.

C. BERNARD BROWN,

S. T. BUTLIN AND

H. R. FORSYTH.

(FILE No. 350 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Nestle and

Anglo-Swiss Condensed Milk Company (a Company incorporated according to the Laws of Switzerland), of Cham and Vevey, Switzerland; and St George's House, 68, Eastcheap, London, E.C., England; Manufac- turers, have, by two applications both dated the 12th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

BORDEN'S

;

PEERLESS BRAND-

NOTICE.

Foreign Attachment.

1-

OTICE is hereby given that by a Writ of Summons issued in an action entituled In the Supreme Court of Hong Kong, Sur mary Jurisdiction, Action No. 1188 of 1935, Between The Sham Mow Timber and Saw Mills Company Limited, Plaintiffs and Li Yau formerly trading as Li Sang Company Yau Kee otherwise known as Li Sang Company, Defendant", dated the 1st day of August, 1935, and amended on the 14th day of August, 1935, the Plaintiffs The Sham Mow Timber and Saw Mills ompany Limited whose registered office

             { is situate at lunghom Inland Lots Nos. 238 and 239, Hunghom, Kowloon in the Colony of Hong Kong, claim against the Defendant Li Yau formerly trading as Li Sang Company Yau Kee otherwise known as Li Sang Company formerly carrying on business at No 72 Argyle Street, First Floor, Kowloon aforesaid the sum of $735 63 balance due for timber sold and delivered AND NOTICE is further given that pursuant to Chapter XVI! of the Code of Civil Procedure. Section 453, a Writ of Foreign Attachment was, on the 5th day of September, 1935, issued by the Registrar of the Supreme Court commanding the Bailiff of the Supreme Court to forthwith attach all the property, movable and immovable, of the abovenamed Defendant, which shall be found within the Colony, and to return the said Writ into the said Court on the 27th day of September, 1935.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Plaintiffs.

NOSIOW

CHINA GENERAL EDISON CO., INCORPORATED,

in the name of the said International General Electric Company Inc., who claim to be the sole proprietors thereof.

The above Trade Mark has been used by the applicants since 1917 in respect of all kinds of electric lamps and all other goods properly belonging thereto in Class 13.

The word "Edison" appearing thereon has been declared to be distinctive by order of His Excellency the Officer Administering the Government pursuant to Section 9 (5) of the Trade Marks Ordinance 1909.

The Trade Mark is to be associated with Mark No. 1 of File No. 499 of 1934 and with Trade Mark No. 217 of 1928.

The Registration of Trade Mark shall give no right to the exclusive use of the electric

light bulb devices.

Facsimile of the said Trade Mark may be seen at the Office of the Registrar of Trade Marks or of the undersigned.

Dated the 20th day of September, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(2)

BORDEN'S

ST.CHARLES

BRAND

in the name of the said Nestle and Anglo-Swiss Condensed Milk Company, who claim to be the proprietors thereof.

The said Trade Marks have been used by the Applicants and their predecessors in business in respect of Evaporated Milk and are also intended to be used by the Applicants forth- with in respect of Condensed Milk in Class 42.

The Trade Marks are associated with each other and the Trade Mark No. 1 is associated with Trade Marks Nos. 1 of 1874, 50 of 1903 and 111 of 1904 and the Trade Mark No. 2 is associated with Trade Marks Nos. 1 of 1874, 50 of 1903, 62 of 1904 and 111 of 1904.

Dated the 20th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Chater Road,

Hong Kong.

In the Matter of The Companies Ordin-

auce, 1932.

and

In the Matter of The Sun Tack Loong

Company, Limited.

(IN LIQUIDATION).

OTICE is hereby given in pursuance of

N Section 234 of the Companies Ordinance

1932, that a Meeting of the Creditors of the abovename Company will be held at the office of Messrs. Leo. D'Almada & Co., first floor of No. 67, Des Vœux Road Central, Hong Kong, on Monday the 21st day of October, 1935, at 3 o'clock in the afternoon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquida- tor, and also of determining the manner in which the books, accounts and documents of the Company, and of the Liquidator thereof shall be disposed.

Dated the 20th day of September, 1935.

LEE KEANG CHEE,

Liquidator.

In the Matter of the Companies Ordin-

ance No. 39 of 1932,

and

In the Matter of The Ka Wah Life Assurance Company, Limited.

(IN VOLUNTARY Liquidation).

NOTICE OF EXTRAORDINARY GENERAL Meeting.

OTICE is hereby given that an Extra-

ordinary General Meeting of the above- named Company shall be held at Room No. 115 Asia Life Building, on Friday, the 27th day of September, 1935, at 4 o'clock in the afternoon, for the purpose of discussing and if thought fit, of passing as an Extraordinary Resolution the following:-

"That owing to the resignation of Mr.

Lam Kiu Tang (林喬騰),

another Liquidator be appointed in his place ".

Dated the 20th day of September, 1935.

CHAN TAT SAM,

TAM WING KWONG,

Remaining Liquidators.

(FILE No. 257 of 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Mitsubishi Shoji Kaisha Limited, a company in- corporated under the laws of the Empire of Japan and having a registered office situate at No. 14, Pedder Street, Victoria, Hong Kong, Importers and Exporters and General Mer- chants, have, by five applications all dated the 24th day of June, 1935, applied for the Re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

N

(FILE No. 247 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Liggett & Myers Tobacco Co. (China) Ltd., whose registered office is situated at 175, Soochow Road, Shanghai, Tobacco Manufacturers, have on the 13th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

20 ZEPHYR

CIGARETTES

Zephyr

-MENTHOL COOLED

CIGARETTES

20 ZEPHYR

CIGARETTES

N

Zephyr

-MENTHOL COOLED

CIGARETTES-

LIGGETT & MYERS TOBACCO CO (CHINA) LTD.

in the name of the said Mitsubishi Shoji Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants in Japan and is intended to be used forthwith by them in Hong Kong in respect of Cotton piece goods of all kinds in Class 24; Yarns of wool, worsted or hair in Class 33; Cloths and stuffs of wool, worsted or hair in Class 34; Woollen and worsted and hair goods not included in classes 33 and 34 in Class 35 and artificial silk piece goods, artificial silk yarn and artificial silk yarn thread in Class 50.

Dated the 19th day of July, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

Zephyr

in the name of Liggett & Myers Tobacco Co. (China) Ltd., who claim to be proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of manufactured tobacco in Class 45.

Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks of Hong Kong.

Dated the 17th day of July, 1935.

LIGGETT & MYERS TOBACCO CO. (CHINA) LTD., F. STAFFORD SMITH,

Attorney,

P. & O. Building, Connaught Road Central.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),................ Half year, Three months,

$18.00

(do.), (do.),

10.00

6.00

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 liues and under,. Each additional line,

Chinese, per Character, Repetitions,

.$1.00 for 1st .$0.20 ƒ insertion.

5 cents. Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

N

(FILE NO. 382 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

1763

(FILE No. 383 or 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The AsiaticNOTICE is hereby given that Rothman's

      Petroleum Co. (South China) Ltd., of Helen's Court, Great St. Helen's, London, E.C. 3, on the 19th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

DERVOIL

in the name of the said The Asiatic Petroleum Co. (South China) Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of all goods in Class 47, especially lubricating oils for high speed Diesel engines for road traction.

Dated the 20th day of September, 1935.

HASTINGS & CO.

Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE NO. 307 of 1935) TRADE MARKS ORDINANCE, 1909

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Tominaga Yoko of No. 25, Des Voeux Road, Central, First floor, Victoria, in the Colony of Hog Kong, have on the 25th day of July, 1935, applied for the registration in Houg

Kong, in the Register of Trade Marks, of the following Trade Mark:-

圖望公太

Limited, of Nos. 13-17, Underwood Street, London, England, on the 9th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

Rothmans

Columin

精心

in the name of the said Rothman's Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following Class viz :---

Tobacco, whether manufactured or un-

manufactured in Class 45. The Applicants disclaim the right to the exclusive use of the word "Rothmans"

appear- ing in the mark.

Dated the 20th day of September, 1935.

N

HASTINGS & CO.

Solicitors for the Applicants, Gloucester Building,

Hong Kong.

(FILE No. 355 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Standard

Brands Incorporated, a corporation organized under the laws of the State of Dela- ware, United States of America, having its principal place of business at 595 Madison Avenue, City, County and State of New York, United States of America, Manufacturers, have on the 7th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

in the name of Standard Brands Incorporated, who claim to be the proprietors thereof.

Such Trade Mark has been used by the Applicants in respect of Yeast in Class 42 since December 7th, 1929.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Mark, of Hong Kong and of the undersigned.

Dated the 20th day of September, 1935.

(FILE No. 393 OF 1935)

WILKINSON & GRIȘT,

Solicitors for the Applicants,

2, Queen's Road Central,

TRADE MARKS ORDINANCE, 1909.

Hong Kong.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Morinaga Condensed Milk Company Limited, of No. 12, 1 chome Tamachi Shiba-ku, Tokyo, Japan, on the 9th day of May, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

THREE

ARROW

公式

204

REGISTERED PAITORIO

AIKONG 204

大公204

行洋永富

in the name of Tominaga Yoko, who claim to

be the proprietors thereof.

The Trade Mark has been used by the Ap-

plicants since the year 1934 in Class 24 in res-

pect of Cotton piece goods of all kinds.

The Applicants disclaim the right to the ex-

WHOLE

MILK POWDER

FOR INFANT AND INVALID

NET WEGHT LB.

clusive use of the numerals "204" appearing in the name of the said Morinaga Condensed Milk Company Limited, who

thereon either in combination or separately.

A facsimile of such Trade Mark can be seen

claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of

at the Offices of the Registrar of Trade Marks Milk Powder in Class 42. of Hong Kong and of the undersigned.

Dated the 20th day of September, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building,

Hong Kong,

Dated the 20th day of September, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building,

Hong Kong.

(FILE NO. 334 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Wing Cheong

        Hong, of No 28, Connaught Road Cen- tral, 1st floor, Victoria, in the Colony of Hong Kong, have on the 7th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark:-

WING CHEONG HOW- BEST

WASHING SOAP

in the name of Wing Cheong Hong, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 47 in respect of candles, common soan, detergents, illuminat- ing, heating, or lubricating oils, matches, and starch, blue, and other preparations for laundry purposes.

The registration of the above Trade Mark shall give no right to the exclusive use of the words 'Wing Cheong Hong appearing thereon.

"

Facsimiles of the above Trade Mark can be seen at the Offices of the Register of Trade Marks of Hong Kong and also of the under- signed.

Dated the 16th day of August, 1935.

NOTICE

LEO. D'ALMADA & CO.,

Solicitors for the Applicants, No. 67, Des Vœux Road Central, Hong Kong.

(FILE No. 300 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Utoomal

and Assudamal Company, of No. 25, Wyndham Street, Victoria, in the Colony of Hong Kong, have on the 22nd day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MAHAL

TAJ

BRAND

in the name of Utoomal and Assudamal Com- pany, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 38 in respect of Cotton, Singlets, Stockings and Socks.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 16th day of August, 1935.

LEO. D'ALMADA & CO., Sclicitors for the Applicants, No. 67, Des Voeux Road Central, Hong Kong.

(FILE No. 297 of 1935).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Nippon Paint Kabushiki Kaisha, of 10, Urae-Kita-4-Chome, Nishiyodogawa-Ku, Osaka City in the Empire of Japan, on the 9th day of July, 1935, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

LION TOWER

(FILE NO. 224 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Booth's Dis-

tilleries Limited, of 83 to 85, Turnmill Street, London, England, on the 21st day of February, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

BOOTH'S

in the name of the said Booth's Distilleries, Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Gin, Whisky, Ginger Brandy, Alcoholic Peppermint and Cocktails, in Class 43.

The words "Borth's" has been declared to be distinctive by Order of His Excellency the Governor under Sectiou 9(5) of the Trade Marks Ordinance 1909.

Dated the 19th day of July, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

Hong Kong.

(FILE No. 327 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Duckson Dispensary(德臣葯廠)

province of Kwong Tung in the Republic of China, Druggists, have on the 30th day of July, 1935, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark :-

of No. 24, Tai Ping Sa Street, Canton in the

in the name of the said Nippon Paint Kabushiki Kaisha, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicant in respect of Boiled oils, drying oils and all other kinds of oils used in manufactures and not included in other classes and dyes other than mineral in Class 4.

Dated the 16th day of August, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building,

Hong Kong.

in the name of Duckson Dispensary, who claim to be the proprietors thereof.

The above Mark has been used by the Appli- cants in respect of pills and medicines for human use in Class 3, since 1932.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, of Hong Kong, and of the undersigned.

Dated the 16th day of August, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central,

Hong Kong.

1765

(FILE No. 253 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Twenty-One Trade Marks.

OTICE is hereby given that The Orient Paint, Colour and Varnish Company, Limited, of Shanghai, have, on the 18th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

PAINT

COLADER

VARNISH

CO

(1)

(2)

PAINT

COLOUR &

(3)

PAINT

COLOUR

VARNISH

COL

(4)

SHANGHAI

EB?

光永

(5)

OPAL

(6)

(7)

OPALESCO

OPALETTE

(8)

(9)

(10)

OPALOID

(13)

瑪瑙德

PAINT

(11)

OPALUX OPALIN 瑪瑙石

(14)

(12)

瑪瑙珠

(15)

(16)

瑪瑙樂

瑪瑙露

瑪瑙靈

(18)

(19)

COLOUR

VARMIEN

(17)

ORIENT

THE

SHANGHAI

OPAVCO

瑪瑙顆

(20)

Same as No. 5 Mark

(21)

Same as No. 11 Mark

in the name of The Orient Paint, Colour and Varnish Company, Limited, who claim to be the sole proprietors hereof.

      Trade Marks Nos. 1 to 16 are intended to be used in respect of Paints and Varnishes in Class 1; Nos. 17 to 19 in respect of Floor Wax in Class 50; Nos. 20 and 21 in respect, of Vegetable Oils in Class 4.

""

The "Bear" Marks of No. 1, the "Ram Marks of No. 2, the "Neptune" Marks of No. 3 and the "Mermaid" Marks of No. 4 are registered as a series of Trade Marks under Section 26 of the Trade Marks Ordinance 1909 and are associated with each other, ie., the two marks appearing on each of the respective applications are to be associated with each other.

The Bull "Marks of No. 17 are also registered as a series of Trade Marks under Section 26 of the Trade Marks Ordinance 1909.

Trade Marks Nos. 5 to 16 are associated with one another and the Marks Nos. 20 and 21 are associated with each other.

Dated the 19th day of July, 1935.

BUTTERFIELD & SWIRE,

HONG KONG,

General Agents & Attorneys for and on behalf of

THE ORIENT PAINT, COLOUR AND VARNISH COMPANY, LIMITED.

PRINTED AND PUBLISHED BY NORONHA & Co., PRINTERS TO THE HONG KONG GOVERNMENT.

1768

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 288.-The following Bills are published for general information:-

C.S.O. 2860/26C.

[No. 19-23.9.35.-11.]

A BILL

Short title.

Substitu. tion for Ordinance No. 1 of

1901, ss. 2

and 3.

Yearly

INTITULED

An Ordinance to amend the Defence Contribution Ordinance,

1901.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Defence Contribu- tion Amendment Ordinance, 1935.

2. Sections 2 and 3 of the Defence Contribution Ordi- nance, 1901, are repealed and the following sections are substituted :--

2. A sum equivalent to twenty per centum of the Colonial Contribution Revenues shall be appropriated yearly to the Imperial Govern- ment as a contribution to the defence of the Colony.

for defence of Colony.

Definition of "Colonial Revenues."

Exclusion of certain

revenues.

3.-(1) The Colonial Revenues for the purposes of this Ordinance shall include, subject to the provisions of sub- sections (2), (3) and (4), the gross receipts by the Colony from all sources of revenue.

(2) The following sources of revenue shall be excluded:- (i) the proceeds of land sales and premia on leases or statutory land grants.

(ii) revenue received from condemned stores.

(iii) contributions received from the Chinese Government for the maintenance of Gap Rock Lighthouse.

(iv) contributions received for anti-piracy escorts.

(v) over payments recovered in respect of previous years. (vi) sums transferred to revenue under Colonial Regula- tion 275 in respect of the appreciation of investments repre- senting merely book profits."

(vii) profits arising from the appreciation of investments when realised.

(viii) moneys receivable from officers and specially exempted by any Ordinance for Widows and Orphans Pensions from contribution under this Ordinance.

(ix) moneys, dividends, interest or the produce of invest- ments specially exempted by any Loan Ordinance from con- tribution under this Ordinance.

(x) moneys received as punitive rates specially exempted under the provisions of any Ordinance for the time being in force relating thereto from contribution under this Ordinance.

1769

(xi) revenue from the profits arising from the Crown Agents' routine realisations.

of certain

taken.

(3) (i) The charges for working expenses and mainten- Net receipts ance of the British Section of the Kowloon Canton Railway, ondertakings and of any railways, telephones or other productive under- only to be takings of a similar character already established or which may hereafter be established, and for interest and sinking fund on any sums raised by loan and utilised for the con- struction of such railways, telephones or undertakings, shall be deducted from the gross receipts of such railways, tele- phones or undertakings respectively, and the percentage struck on the net receipts only in each case.

(ii) For the purposes of this sub-section the Government Opium Monopoly, the Government Wireless Telegraphy Ser- vices, the Government Motor Meat Van Services, and the Water Installation (House Service) Account shall be recognised as productive undertakings in respect of which the main- tenance, cost of manufacture and other working expenses shall be deducted from the gross receipts.

when pro-

taking is

revenue.

(4) In the case of any productive undertaking (including Deduction the Government Wireless Telegraphy Services) the capital ex- of percentage penditure on which, or a part thereof, has been or may be ductive defrayed out of the revenue of the Colony, and not by means under- of a loan, there shall be deducted annually from the gross constructed receipts of such undertaking, during a period of fifty con- out of secutive years from the date of such expenditure or, if later, the date from which the undertaking is recognized for the purposes of sub-section (3) (i), a sum calculated at the rate of four per centum on such capital expenditure incurred prior to 1915, at the rate of five and a half per centum in respect of such expenditure incurred during the period 1915 to 1932, both years inclusive, and at the rate of four per centum in respect of such expenditure which has been or may be incurred from 1933 onwards. The percentage required for appropria- tion under section 2 shall be struck on the net receipts, if any, of the undertaking after making the said deductions.

Objects and Reasons.

1. This Amendment Bill when enacted will repeal sections 2 and 3 of the principal Ordinance and substitute two sections which represent their effect as modified by agreement contained in instructions received from the Secretary of State.

2. The new section 2 corresponds with section 2 of the Straits Settlements Ordinance No. 64 (Defence Contribution) and also with the first paragraph of the repealed section 3 of the principal Ordinance.

3. The new section 3 (1) corresponds with section 3 (1) of the Straits Settlements Ordinance and with the repealed section 2 of the principal Ordinance with the exception of the inclusion of a saving reference to sub-sections (2), (3) and (4) and of the omission of the reference to land sales, premia or leases and statutory land grants which are now included in sub-section (2) of the new section 3.

4. The new section 3 (2) gives a list of sources of revenue excluded.

:

1770

Paragraph (i), relating to land sales, comes from the latter part of the repealed section 2.

Paragraph (ii), relating to condemned stores, appears in Appendix II of the draft Estimates for 1934 as authorised by C.O. despatch 129 of 29th April, 1922.

Paragraph (iii), relating to Gap Rock Lighthouse, ex- presses the agreement by the Army Council in paragraph 4 of the War Office letter of the 25th April, 1932, enclosed with the Secretary of State's despatch of the 3rd June, 1932.

Paragraph (iv), relating to anti-piracy escorts, and para- graph (v) relating to overpayments, expresses the agreement by the Army Council in paragraph 5 of the said letter.

Paragraphs (vi) and (vii), relating to transfers to revenue under Colonial Regulation 275 formerly numbered 291 and to profits from the appreciation of investments when realised, represent the understanding referred to in Colonial Office letter of 14th October, 1932, to the War Office enclosed with the Secretary of State's Despatch of the 22nd October, 1932.

Paragraph (viii) refers to section 5 of the Widows and Orphans Pension Ordinance, No. 15 of 1908, the consolidation of which with its amending ordinances is in course of pre- paration.

Paragraph (ix) refers to the War Loan Ordinance, 1916, (No. 12 of 1916), which has not been repealed although the loan authorised and raised thereunder has been repaid, to the Public Works Loan Redemption Ordinance, 1933, (No. 15 of 1933), and to the Hong Kong Dollar Loan Ordinance, 1934, (No. 11 of 1934), under which a sum not exceeding $25,000,000 is to be raised by borrowing for various projects, including the redemption last year, at a cost of $3,864.943 of the balance of the Hong Kong 31% Inscribed Stock 1918/43.

Paragraph (x) refers to section 9 (8) of Ordinance No. 41 of 1912, the operation of which Ordinance is, however, suspended by Proclamation No. 3 in the Hong Kong Govern- ment Gazette of the 7th February, 1913.

Paragraph (xi) refers to routine realisations dealt with in paragraphs 12 and 13 of the Governor's despatch No. 400 of 10th September, 1929, and agreed to in paragraph 11 of the War Office letter to the Colonial Office of the 25th April, 1932.

5. The new section 3 (3) (i) represents the first proviso to the repealed section 3 of the principal Ordinance, with the words "already established or" added after the words "similar character" as directed by the Secretary of State's telegrams of the 18th October and 27th October, 1933.

The new section 3 (3) (ii) sets out the productive under- takings other than railways and telephones which have been recognised as entitled to similar treatment. The Opium Mono- poly appears in Appendix II of the draft Estimates for 1934 as recognised under Colonial Office despatch No. 173. of 10th July, 1914. The Government Wireless Telegraphy Services were recognised in paragraph 2 of the War Office letter of 25th April, 1932, enclosed with the Secretary of State's des-

1771

patch of 3rd June, 1932. The Government Motor Meat Van Services and the Water Installation (House Service) Account were recognised in paragraphs 3 and 5 of the same letter.

6. The new section 3 (4) relates to the deduction at the rate of 5 per cent in respect of the capital expenditure on the Government Wireless Telegraphy Services for the years 1915 to 1932 referred to in paragraph 2 of the War Office letter of 25th April, 1932, enclosed with the Secretary of State's despatch of 3rd June, 1932, and in paragraph 3 of the War Office letter of 25th February, 1933, enclosed with the Secretary of State's despatch of 7th March, 1933. It has been redrafted to comply with the Secretary of State's despatch of the 27th February, 1934, enclosing the War Office letter of the 30th January, 1934.

7. The Bill for this Ordinance in its present form (except for the necessary change of date in the Short title and for the change of number in section 3 (2) (vi) from 291 to 275 necessitated by the renumbering of the relevant Colonial Regulation in the 1935 edition of such regulations) was submitted to the Secretary of State with the Governor's despatch of the 19th July, 1934 and approved by the Secretary of State's telegram of the 9th September, 1935.

September, 1935.

C. G. ALABASTER,

Attorney General.

1772

A BILL

[No. 26-5.9.35.-2.]

INTITULED

...

Short title.

Interpreta- tion.

Ordinance

No. 13 of 1935.

Penalty for cruelty to animals.

An Ordinance to provide for the Prevention of Cruelty to

Animals.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Prevention of Cruelty to Animals Ordinance, 1935.

2. In this Ordinance, unless there is something repugnant in the context-

"Animal" means any bird, beast, fish, reptile or insect, whether wild or tame;

"Colonial Veterinary Surgeon" includes any Veterinary Surgeon authorised by the Governor to perform the duties of the Colonial Veterinary Surgeon under this Ordinance and also any assistant Colonial Veterinary Surgeon.

"Food Officer" means any person appointed as such by the Urban Council under section 2 of the Public Health (Food) Ordinance, 1935.

"Vessel" includes any ship or

       ship or boat or any other description of vessel used in navigation.

3.-(1) Any person who-

(a) cruelly beats, kicks, ill-treats, over-rides, over- drives, over-loads, tortures, infuriates, or terrifies any animal, or causes or procures or, being the owner, permits any animal to be so used, or, by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary suffering or, being the owner, permits any unnecessary suffering to be so caused to any animal; or

(b) being in charge of any animal in confinement or captivity or in the course of transport from one place to another, neglects to supply such animal with sufficient food and sufficient fresh water; or

(c) conveys or carries, or causes or procures or, being the owner, permits to be conveyed or carried, any animal in such a manner or position or in a case, crate or basket of such construction or such small dimensions as to subject it to unnecessary pain or suffering; or

1773

(d) loads any animal into or discharges any animal from any vessel or railway truck on to another vessel or railway truck or on to a wharf or on to the shore, or on to any platform in such a way or with such appliances as to subject such animal to needless or avoidable suffering; or

(e) causes, procures or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of any premises or place for the purpose, cr partly for the purpose, of fighting or baiting any animal, or permits any premises or place to be so kept, managed or used, or receives, or causes or procures any person to receive, money for the admission of any person to such premises or place; or

(f) employs, or causes or procures or, being the owner, permits to be employed, in any work or labour any animal which, in consequence of any disease, infirmity, wound or sore, or otherwise, is unfit to be so employed; or

(g) brings into the Colony, or drives, carries, transports, removes, or has or keeps, or knowingly suffers to be had or kept under his control or on his premises, any animal in any way which may cause it needless or avoidable suffering,

shall be liable on summary conviction to a fine not exceeding two hundred dollars and to imprisonment for any term not exeeding six months.

(2) For the purposes of this section, an owner shall be deemed to have permitted cruelty within the meaning of this Ordinance if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom: Provided that where an owner is convicted of permitting cruelty within the meaning of this Ordinance by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.

(3) Nothing in this section shall apply to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering.

seizure

search.

4. (1) Any Colonial Veterinary Surgeon, Food Officer or Power of Police Officer may arrest without warrant any person who he arrests, has reason to believe is guilty of an offence against section 3 or entry and against any regulation under this Ordinance, whether upon his own view thereof or upon the complaint and information of any other person. Any such other person shall declare his name and place of abode to any such surgeon or officer.

(2) Any animal, conveyance or article concerning or by which any such offence has been committed may be seized by any such officer and taken to a police station or to any convenient place, and there kept, unless given up sooner by order of a Magistrate, until the charge is decided in due course of law.

(3) Any such surgeon or officer may stop in any street or public place and examine any animal in respect of which he suspects that an offence has been committed under section

3.

*

Orders by

1774

(4) Any such officer may enter and search any building or vessel in or on board of which such officer may have reason to suspect that any offence against any of the pro- visions of this Ordinance or of any regulation made there- under is being or has been committed.

5.--(1) When any person has been convicted by a Magistrate. Magistrate of an offence under section 3 or of any regulations made under this Ordinance, the Magistrate may order that any animal in respect of which the offence has been committed-

Power to order destruction

of animals.

(a) shall not be used, or

(b) shall be removed to and detained in such place and for such time as is stated in the order.

(2) Any order that an animal shall not be used or shall be detained in any place may, instead of stating any period of time, direct that the animal shall not be used or shall be detained until it recovers, and such animal shall not be used or shall be detained, as the case may be, until a Colonial Veterinary Surgeon certifies in writing that it may properly be used or released.

(3) If any animal has been taken to any place in pur- suance of an order made under this section any person who has been convicted of an offence in respect of such animal shall be liable to pay the prescribed fees for its maintenance and treatment for so long as it shall remain therein, and such fees may be recovered as a fine: Provided that, if the owner of any such animal shall request the officer in charge of the animal to destroy it, such officer shall forthwith cause the animal to be destroyed, and no fees shall be payable in respect of the maintenance or treatment of such animal for any time subsequent to such request.

(4) Any person who acts in contravention of any order made under this section shall be liable on summary conviction to a fine not exceeding two hundred dollars and to imprison- ment for any term not exceeding six months.

6. Any Magistrate, Colonial Veterinary Surgeon, Food Officer, Government Medical Officer, or Police Officer not below the rank of sub-inspector who has satisfied himself by personal inspection--

(a) that an animal is so severely injured that it is cruel to keep the animal alive, or

(b) that an animal is so severely injured or in such a physical condition that in his opinion, having regard to the means available for removing the animal, there is no possibility of removing it without cruelty and that it is cruel to keep it alive,

may by order in writing direct such animal to be destroyed, and such order may forthwith be carried out by or under the direction of such officer or of any police officer:

Provided that if any such animal is in any house, stable, shed or enclosure proper for such animal and not in a street or other public place, no such order shall be made until the owner of the animal (if present) or the person in charge thereof (if any) has been informed of the state of the animal.

1776

SCHEDULE.

Part I.

GENERAL REGULATIONS.

(1) Baskets, crates and cages, other than pig crates, shall be large enough to allow free movement in all directions of every animal therein.

(2) Bird cages shall have sliding or removable bottoms and the bottoms shall be of such construction as to prevent droppings from birds in one cage falling on to birds in another cage.

(3) Perches in bird cages shall be so arranged that droppings from birds on higher perches do not fall on birds on lower perches and the perches to each cage shall be sufficient for all the birds in such cage to find room to roost.

(4) Adequate shelter from sun or rain shall be provided for all animals in captivity.

(5) Baskets, crates and cages, containing animals shall be kept' clean and properly ventilated.

(6) All premises in which animals are in confinement shall be kept clean, properly lighted, ventilated, drained, and in good repair.

(7) All animals shall have a constant and adequate supply of clear fresh water.

(8) All maimed or ailing animals shall be separately confined.

(9) Any basket, crate or cage in which any pig, bird, dog or cat is carried or kept shall be so constructed as to prevent any such anima! from being injured.

Part II.

LIVE STOCK IMPORT AND EXPORT REGULATIONS.

CATTLE, ETC.

1. The master, owner, or agent of every vessel leaving any port of the Colony carrying more than ten head of cattle for export shall provide suitable food and fresh water for all cattle carried in the said vessel sufficient for the intended voyage, and in addition shall provide

(1) for voyages of less than three days average duration, one day's extra ration for each head of cattle; or

(2) for voyages of more than three days average duration, two days extra rations for each head of cattle.

He shall also cause all the cattle carried in the said vessel to be provided with a sufficient quantity of food and water in every twenty- four hours from the time of embarkation till the time of final disembarkation, and shall carry such number of men as shall, in the opinion of the Colonial Veterinary Surgeon, be requisite to attend to the cattle on board. Such men shall not be employed on any other duties during the voyage.

2. No cattle carried on board any vessel shall be secured by the nose, but

all such cattle shall be tied by a halter of a length sufficient to permit the animal to lie down, and of a strength sufficient to bear the weight of the animal.

1775

tion not

7. No compensation shall be payable to any person in Compensa- respect of the destruction of any animal in pursuance of an payable. order made under section 6, or in compliance with a request as provided in section 5 (3) by any person professing to be the owner of such animal, provided in the latter case that the officer in charge of the animal in good faith believed that the person making the request was in fact the owner.

make

8.(1) For the purpose of preventing cruelty the Power to Governor in Council may make regulations prescribing the regulations. conditions under which animals may be kept in confinement in any place, vessel or vehicle.

(2) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulations shall be rescinded or amended in any manner whatsoever, the said regulations shall, without pre- judice to anything done thereunder, be deemed to be rescinded or amended as the case may be as from the date of publication in the Gazette of the passing of such resolution.

(3) The regulations in the Schedule shall be deemed to have been made under this Ordinance and shall be in force, except in so far as they may be rescinded, suspended, added to or amended by regulations made by the Governor in Council under sub-section (1).

tion of

9.-(1) Every act, failure, neglect or omission whereby Contraven- any requirement of any such regulation is contravened, and regulations. every refusal to comply with any such requirement, shall be deemed a contravention of such regulation.

s. 4).

(2) Any person who contravenes any regulation shall be Penalty. liable to a fine which shall not exceed for any one offence the sum of one hundred dollars, or, in the case of a continuing offence, the sum of twenty dollars for every day during which the offence continues.

of master

(3) The master of every vessel shall (in addition to the Liability actual offender) be demed to be guilty of any contravention of vessel. of any regulation which may occur while he is on board his ship and shall be liable to be proceeded against and punished accordingly.

10. The following enactments are repealed:-

Repeals.

(i) Subsection (6) of section 7 of the Summary Offences s. 7 (6) of Ordinance, 1932,

ance,

Ordinance No. 40 of 1932.

(ii) Section 72 of the Public Health (Sanitation) Ordin- s. 72 of

1935.

Ordinance. No. 15 of 1935.

(iii) The Live Stock Import and Export Ordinance, 1903, Ordinance and all the regulations made thereunder.

1903 and regulations thereunder..

1777

than

ten

head for the

of cattle use of

the

3. Every vessel carrying more

footholds secure shall be provided with cattle on board, and shall be fitted with weather boards or other protection for such cattle from sun and rain and sea, and with a sufficient number of pens. No pen shall be constructed of bamboo, and no pen shall accommodate more than four head of cattle (two calves under six months being counted as one). The pens shall be arranged SO that the cattle stand athwartships and shall be substantially constructed and securely fastened so as to stand rough weather. The pens shall be cleansed at least once a day.

4. The Colonial Veterinary Surgeon, any Food Officer and any Police Officer may board any vessel within the territorial waters of the Colony at any time in order to ascertain whether regulations Nos. 1 to 4 (both inclusive) of these regulations are complied with.

5. No vessel shall be permitted to carry more than two hundred head of cattle for export at any one time.

6. Each animal conveyed in any vessel shail, except as herein- after provided, have not less than fourteen square feet of deck-space allotted. Footholds shall be provided to prevent slipping, and the animals shall stand athwartships and shall be secured by a halter and not be tied by the nose :

Provided that in the case of cattle under two years of age the deck-space allotted shall be fourteen square feet for every two such cattle.

SHEEP AND GOATS.

7. Sheep and goats shall be carried in any vessel in substantially built pens containing not more than forty in each pen, and three square feet shall be allowed per head.

PIGS.

8. Not more than forty pigs in any vessel shall be placed in one pen.

Three square feet shall be allowed per head, two pigs each under 80 lbs. live weight to count as one, three pigs each under 50 lbs. live weight to count as one.

When carried in crates, a separate crate shall be assigned to each pig. Every such crate shall be of sufficiently large dimenions to hold the pig comfortably and shall also have a small enough mesh to prevent the pig from being injured. Crates shall be arranged in rows and, if stacked, there shall be two layers or tiers only. Rows, if not single, shall be two deep only. Crates shall be so arranged that all the pigs' heads in a single row face the same way, and in a double row face outwards. On the side or sides of а row on which the pigs' heads face, an alleyway shall be left, eighteen inches wide, to allow food and water to be given. All the crates in a row which is not stacked shall be securely fastened together. In the case of a stacked row there shall be pairs of strong upright posts, which may be of a detachable type, of a height not less than the top of the upper layer or tier, securely fastened to the deck and supporting the row or stack. Such pairs of posts shall be fixed at each end of the stack and at intervals of not more than five crates in the stack's length. Each pair of posts supporting a stack shall be securely fastened together. Large flat- bottomed boats shall be used for conveying pigs across the harbour.

POULTRY.

9. The baskets or crates in which poultry are carried are to be supplied with mats or to be otherwise so constructed as to prevent the poultry getting their legs through.

GENERAL.

10. The Harbour Master may, and, if requested to do so by the Colonial Veterinary Surgeon, shall, refuse to grant a port clearance for any vessel on board of which the requirements of these regulations have not been or are not being complied with.

1778

Objects and Reasons.

1. This Bill, dealing with cruelty to animals, as defined by Clause 2, is founded in the main upon the provisions of the Straits Settlement Ordinance No. 10 of 1930, and upon the by-laws made under that Ordinance on the 27th March, 1931.

2. In the interpretation Clause 2 the definition of Colonial Veterinary Surgeon is copied from section 2 (1) (f) of Ordin- ance No. 16 of 1935, the definition of Food Officer is adapted from section 2 of Ordinance No. 13 of 1935 and the definition of vessel is copied from the definition in section 2 (i) of Ordinance No. 2 of 1933.

3. Paragraph (1) (d) of Clause 3 has no counterpart in the Straits Settlements Ordinance, but is obviously needed in order to prevent cruelty in the loading or discharging of animals.

Paragraph (1)(g) of Clause 3 is copied (omitting the words "or other creatures') from the slightly amended version of Section 53 of Ordinance 1 of 1903, which appears in Section 72 of the recent Public Health (Sanitation) Ordinance, 1935, and seems appropriate for insertion in a cruelty to animals bill, like the present.

Subsection (4) of Clause 4 of this Bill supplements the Straits Settlements Ordinance by granting a power of search to the officers mentioned in subsection (1) of that clause.

For reasons of economy in administration the present Bill does not follow Straits Settlement legislation in regard to the Government providing infirmaries for animals (as is done by section 6 of the Straits Ordinance), nor is it thought necessary to provide (as is done in section 8 of the Straits Ordinance) for the recovery of the expenses of the burial and removal of animals destroyed.

Clauses 5, 6 and 7 of this Bill follow, mutatis mutandis, the provisions of sections 5, 7 and 9 of the Straits Settlements Ordinance.

Clause 8 (1) of this Bill re-enacts the substance of Section eleven of the Straits Settlement Ordinance, with the import- ant exception that it is not thought necessary to provide for the licensing of animal shops, because it is realised that the introduction of such a new provision in this Colony might inflict hardship upon the owners of bird-shops by compelling them to reconstruct their premises at considerable expense. It has, however, been found necessary to include in Part I of the Schedule to this Bill, regulations which are based to a great extent upon the conditions attached to the licences of animal and bird-shops in the Straits Settlements. This part of the Schedule lays down certain obviously humane conditions under which animals and birds ought to be kept and carried.

Clause 9 (1) of the Bill is based upon the provisions of section 4 of the Live Stock Import and Export, Ordinance, 1903, which Ordinance, with the Regulations made thereunder are repealed by this Bill. Clause 9 (3) is copied from No. 11 of those regulations.

Clause 10 of this Bill repeals subsection (6) of Section 7 of the Summary Offences Ordinance, 1932, because the

-

1779

provisions of that subsection in regard to cruelty are amply covered by Clause 3 of this Bill. It also repeals section 72 of the Public Health (Sanitation) Ordinance, 1935, because the provisions of that section are covered by Clause 3 (1) (8) of this Bill, and likewise repeals the Live Stock Import and Export Ordinance, 1903, and the Regulations made there- under, because they are in effect provisions for the prevention of cruelty to animals whilst being imported to or exported from the Colony, and are revised and re-enacted in Clause 9 of this Bill and in Part II of the Schedule.

September, 1935.

C. G. ALABASTER,

Attorney General.

The New

Ordinance Section.

1780

TABLE OF CORRESPONDENCE

Straits Settlements

Ordinance No. 10 of 1930 Section.

Remarks.

1

1

2

2

The definition of Animal is from the

Straits Settlements Model.

The definition of Colonial Veterinary Sur- geon is from Ordinance No. 16 of 1935, s. 2 (1) (f).

The definition of Food Officer is adapted

from Ordinance No. 13 of 1935, s. 2.

The definition of vessel is from Ordinance No. 2 of 1933, s. 2 (i).

3 (1) (a)

3 (1) (a)

46

3 (1) (b)

3 (1) (b)

3 (1) (c)

3 (1) (c)

'sufficient fresh added before "water".

or in a case, crate or basket of such Construction or such small dimensions added after position ".

New.

66

3 (1) (d)

3 (1) (e)

3 (1) (d)

3 (1) (f)

3 (1) (e)

or

added at end.

3 (1) (g)

Final

paragraph

No. 15 of 1935, s. 72 redrafted.

on con-

66

and

on summary conviction for viction before a police court to " for or to ". or to both omitted.

66

3 (2)

3 (2)

3 (3)

3 (3)

4 (1)

4 (1)

4 (2)

4 (2)

"any Colonial Veterinary Surgeon, Food Officer or Police Officer" for "any Government veterinary officer, police officer, and, within the limits of any Municipality any municipal officer ap- pointed in writing in that behalf by the President of the Municipal Com- missioners".

6 6

66

46

66

""

of this Ordinance omitted.

or against any regulations under this

Ordinance added

""

46

Any such person shall for who

shall ".

surgeon or inserted before "officer"

in the last line.

a police station or to any convenient place" for a pound, police station. or infirmary".

44

Magistrate for Police Court ".

1781

Table of Correspondence,-Continued.

The New

Ordinance

Section.

Straits Settlements

Ordinance No. 10 of 1930

Section.

Remarks.

4 (3)

4 (3)

of this Ordinance

omitted.

4 (4)

New.

5 (1)

5 (1)

5 (2)

5 (2)

5 (3)

5 (3)

5 (4)

5 (4)

6

6

7

8

Magistrate for Police

Ordinance" omitted.

' of this

"or of any regulations made under this

Ordinance" added.

66

66

Magistrate" for "Court"

>>

66

such place and for an infirmary".

66

any place for an infirmary".

Colonial for

""

66

Government

any place for an infirmary

"in charge of the animal" for "in charge

of the infirmary".

summary conviction

before a Police Court

for conviction

"

"and to imprisonment for any term not

exceeding six months" for "or to im prisonment of either description for any term not exceeding six months or to both ". c.f. No. 30 of 1911 s. 11.

omitted, not considered necessary.

"}

Colonial Veterinary Surgeon

ernment Veterinary Officer inspector" for "inspector". Officer' added.

for "Gov-

66

sub- "Food

In paragraphs (a) and (b) of 6 reference to the diseased nature of the animal is omitted in order not to clash with section 7 of Ordinance 16 of 1935.

Omitted. Not considered necessary.

46

7

9

8 (1)

8 (2)

8 (3)

10

*1 (1)

64

'6 for 7

"in charge of the animal" for "in charge

of the infirmary".

Omitted as unnecessary.

The reasons for the differences between 8 of this Bill and 11 (1) of the Straits Ordinance are explained in the objects. and reasons.

Is the usual Hong Kong clause providing for regulations being laid on the table at the Legislative Council..

Founded on precedent. cf. No. 13 of 1935,

s. 6.

The New Ordinance Section.

1782

Table of Correspondence,-Continued.

Straits Settlements

Ordinance

No. 10 of

1930 Section.

Remarks,

9 (1)

9 (2)

9 (8)

10 (i)

10 (ii)

10 (iii)

Schedule

Defines what is deemed to be contraven- tion of regulations, and is taken from section 4 of Ordinance No. 15 of 1903, which Ordinance with the regulations therennder is repealed by clause 10 of this Bill.

Dorived from section 11 (4) of the Straits

Selllements Ordinance of 1930.

This provision is the same (except that "any regulation" is substituted for "these regulations") as Number eleven of the Live Stock Import and Export Regulations which will be repented by clause 10 of this Bill. It is considered more regular to embody such a substantive provision in the body of the bill rather than in a regulation.

Repeals 7 (6) of the Summary Offences Ordinance, 1932, AB being amply covered by clause 3 of the present Bill.

Repeals section 72 of the Public Health -

(Sanitation) Ordinance as being cover- ed by clause 3 (1) (g) of the Bill.

Repeals the Live Stock Import and Export Ordinance, 1903 and all the regulations made under that Ordinance, because that Ordinance and the regulations are all of them directed to the prevention of cruelty, and it seems conveneient to include all the Hong Kong enactments relating to cruelty in one Bill.

Part 1 of the Regulations is the based upon the conditions of licences in the Straits Settlements Regulations, of 1931, relating to Animals and Bird shops, revised and redrafted to suit local conditions.

Part 11 of the Regulations is based upon the Live Stock Import and Export Regulations published the Regulations of Hong Kong 1844-1925 at pages 303- 305 As amended by Government Notification 596 of 26/9/30, published on p. 217 of the regulations for that year, revised and redrafted to suit present conditions. The references to the dimensions and mesh of the pig- crates and to the use of flatbottomed boats for the conveyance of pigs across the Harbour in regulation 8 are new.

1783

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 289.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

27th September, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

R. A. D. FORREST,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 290.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

1st April.

Inspections outside the ports from

Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

27th September, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

R. A. D. FORREST,

Colonial Secretary.

1784

No. S. 291.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the supply and laying of black earth and turf at The New Central British School, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of October, 1935.

The work consists of supplying and laying black earth and turf to The Playing Field, and the Grounds around the School Building.

As security for the proper performance of the works under this Contract the successful tenderer will be required to deposit in cash a sum of $500 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Office of Mr. W. A. CORNELL, F.R.I.B.A., Hong Kong Stock Exchange, Ice House Street.

The Government does not bind itself to accept the lowest or any tender.

19th September, 1935.

W. A. CORNELL, Architect for

Central British School.

PUBLIC WORKS DEPARTMENT.

   No. S. 292.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Patent Roofing for New Magistracy, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of October, 1935. The work consists of the supplying and laying of patent roofing.

   As security for the proper performance of the work under this contract, the suc- cessful tenderer will be required to deposit, in cash, the sum of $200 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

26th September, 1935.

R. M. HENDERSON,

Director of Public Works.

1785

PUBLIC WORKS DEPARTMENT.

  No. S. 293.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Printing Shop, Baths, Laundry, etc., New Gaol at Stanley", will be received at the Colonial Secretary's Office until Noon of Monday, the 14th day of October, 1935. The work consists of the erection of steel and concrete framed buildings with brick panels.

  As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $10,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

26th September, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 294.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the Chinese and Indian Staff Quarters at The New Stanley Gaol", will be received at the Colonial Secretary's Office until Noon of Monday, the 21st day of October, 1935. The works consist of Site formation and the erection of eight blocks of New Quarters, Drainage, Septic tanks and approach paths.

  As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash the sum of $10,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

21st September, 1935.

R. M. HENDERSON,

Director of Public Works.

A

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 8 of 1935.

Re Chui Yuen Restaurant, of No. 2 Peel Street, Victoria, in the Colony of Hong Kong, and Kwan Chung Man, the managing partner therein.

FIRST and final dividend is intended

to be declared in this matter.

Creditors who have not proved their debts oy the 26th day of October, 1935, will be excluded.

Dated the 27th day of September, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP.)

Notice of Dividend Declared.

No. 3 of 1931.

In the Matter of the Companies Ordin-

ance, 1911,

and

In the Matter of The Hong Kong Ex- cavation Pile Driving and Construc- tion Company, Limited.

A SECOND dividend

cent has

been declared in the above matter.

NOTICE is hereby given that the above-

        mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 30th day of September, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

     Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 27th day of September, 1935.

JAMES J. HAYDEN, Official Receiver and Liquidator.

1787

HONG KONG FINANCE CO., LTD.

ISSUE OF $1,350,000 SERIES "A DEBENTURES.

NOTICE is hereby given that, in pursuance

HONG KONG & CHINA PROPERTY

718 COMPANY, LIMITED.

ISSUE OF $2,200,000 SERIES A" DEBENTURES.

of the conditions upon which the above NOTICE is hereby given that, in pursuance

issue was made, Debentures Nos. 27 to 34 in- clusive will be repaid at the offices of the Company on or after 31st October, 1935.

By order of the Board,

of the conditions upon which the above issue was made, Debentures Nos. 53 to 69 in- clusive will be repaid at the offices of the Company on or after 31st October, 1935.

By Order of the Board,

A. MURDOCH, Secretary.

A. MURDOCH, Secretary.

Hong Kong, 27th September, 1935.

Hong Kong 27th September, 1935.

(FILE No. 391 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Tai on

Manufacturing Company Limited, whose Registered Office is situate at No. 40 Hing Lung Street, Victoria, Hong Kong, have, by two applications both dated the 9th day of Septem- ber, 1935, applied for .he registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

狗仔

TRE BIK

DOG BRAND

(2)

(FILE No. 293 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Lo Ying Kwan() of No. 81,

Des Voeux Road Central, First Floor, Hong Kong, has on the 17th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

--

in the name of Lo Ying Kwan, who claims to be the sole proprietor thereof.

Such Trade Mark has not hitherto been used by the applicant but it is his intention so to use it forthwith in respect of Patent medicines and medicated articles in Class 3.

Representations of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 26th day of July, 1935.

LO YING KWAN, Applicant.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Miss Isabella Brown Milne late of 8 Pitcullen Crescent, Perth, Scotland, deceased.

NOTICE is hereby given that the Court

has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 23rd day of October, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 27th day of September, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executrix,

Prince's Building, Ice House Street, Hong Kong.

商標

MONKEY BRAND

猴子

in the name of the said Tai On Manufacturing Company Limited, who claim to be the proprie- tors thereof.

The Trade Marks have been used by the applicants in respect of Mosquito destroying incense in Class 2.

Dated the 27th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

(FILE No. 328 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Pun Kai

Shiu () of No. 161

Des Voeux Road Central, (ground floor), Vic- toria, in the Colony of Hong Kong, have on the 31st day of July, 1935, applied for the Regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

林治江

in the name of Pun Kai Shiu, who claim to be the proprietor thereof.

The above Mark has been used by the Ap- plicant since the last four years in respect of Substances used as Chinese Medicine in Class 3. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 30th day of August, 1935.

DENNYS & COMPANY, Solicitors for the Applicant, National Bank Building,

Hong Kong.

(FILE No. 360 or 1935) TRADE MARKS ORDINANCE, 1809.

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Sam Fong Face

Νο

(FILE No. 397 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Powder Factory, (A) NOTICE is hereby given that M. P. San &

of Nos. 163 and 165 Pak Tai Street, Kowloon City, Hong Kong, have, by three applications all dated the 22nd day of August, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Marks:-

-

(1)

TRADE

MARK

Co., having its Office at No. 293, Des Vœux Road Central, Hong Kong and its Fac- tory at Nos. 34 to 46, Whitfield, Causeway Bay, Hong Kong, Confectionery and Biscuit Manu- facturers, have on the 14th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

糖呷呻

(FILE No. 330 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Leung Fa

Tong (梁輝堂) of No. 40

Lyndhurst Terrace ground floor, Victoria, in the Colony of Hong Kong, Merchant, Managing

Partner of the Man Kee firm (萬記號)

of the above address have on the 16th day of September, 1935, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :---

BEDAK BOTAN

粉香丹社

品出莊粉鳳三州廣

SAM FONG FACE POWDER FACTORY

(2)

(3)

路九下市州獎

旅粉鳳

粉施西

WHISTLE BRAND

in the name of M. P. San & Co., who claim to be the sole proprietors thereof.

The Trade Mark is intended to be used forth-

with by M. P. San & Co., in respect of Confec- tionery in Class 42.

Dated the 27th day of September, 1935.

M. P. SAN & CO.,

Applicants.

(FILE No. 398 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Sunbeam Manufacturing Company, of Nos. 6 to 100, Kilung Street, Shamshuipo, Kowloon, Hong Kong, have on the 16th day of Septem- ber, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

牌角鹿

TRADEMARK

Mankee ace Powder

in the name of the Man Kee firm,

who claim to be the sole proprietors

thereof.

The said Trade Mark is intended to be used by the Applicant in Class 48 in respect of Face Powder.

The Applicant disclaims the right to the exclusive use of the words "Man Kee" and of the numerals "300" appearing thereon.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 27th day of September, 1935.

D'ALMADA & MASON, Solicitors for the Applicant, 33, Queen's Road Central, Hong Kong.

(FILE No. 399 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Leung So Kee Firm, of No. 129 Wai Oi Road West,

Canton, China, and of No. 187, Fa Yuen Street, top floor, Mongkok, Kowloon, Hong Kong, Umbrella Makers, have on the 17th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Sam Fong Face Powder

Factory, who claim to be the proprietors thereof.

The Trade Marks have been used by the Applicants in respect of Chinese face powder

in Class 48.

The Trade Marks are associated with one

another and with Trade Mark No. 5 of 1930.

1

    The registration of the Trade Marks shall give no right to the exclusive use of the following, namely, on Mark No. 1, the words "Bedak

Botan", the Chinese characters 牡丹香

", the representation of a peony except as

shown on the Mark and the firm name appear- ing thereon; on Mark No. 2, the Chinese characters

66

海棠粉" and "

"in combination or separately and and on Mark the firm name appearing thereon; No. 3, the Chinese characters"" and the firm name appearing thereon.

Dated the 27th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, Hong Kong.

in the name of The Sunbeam Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants in respect of Flashlights in Class 8 and is also intended to be used forthwith by the appli- cants in respect of Flashlight Cells in Class 8.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 27th day of September, 1935.

THE SUNBEAM MANUFACTURING CO.,

Applicants, Hong Kong.

梁蘇記迹

in the name of Leung So Kee Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by Leung So Kee Firm in respect of Umbrellas in Class 50 since the year 1932.

Registration of this Trade Mark shall give no right to the exclusive use of the Chinese

characters "梁蘇記遮" appearing

thereon.

Dated the 27th day of September, 1935.

LEUNG SO KEE FIRM,

Applicants.

(FILE NC. 338 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Indian Refin-

ing Company, a corporation organized and existing under the laws of the State of Maine, United States of America, located at Lawrenceville, State of Illinois, United States

of America, Manufacturers, have on the 23rd

day of April, 1935, applied for the registration

in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark:-

HAVOLINE

in the name of Indian Refining Company, who claim to be the sole proprietors thereof.

   The Trade Mark has been used by the Appli- cants in respect of Candles, common soap, detergents, illuminating, heating, or lubricat- ing oils, matches, and starch, blue and other preparations for laundry purposes in Class 47.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of August, 1935.

WILKINSON AND GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 346 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE No. 331 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Societa Anonima Egidio Galbani of Melzo,

Italy, a company incorporated under the laws of Italy, have, by two applications both dated the 4th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

OTICE is hereby given that Tat Hing

N Company,(A) of No.

95 Jervois Street, (2nd floor), Hong Kong, have, by an application dated the 21st day of August, 1935, applied for the registration in

Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

標商嘜象

(1)

FORMAGGIO

PROMESSI SPOS

SOCANEGIDIO GALBANIELZOSO

(2)

WALIAN

ROQUEFORT

MELIS

Recina

નાના નાના

ITALIAN

ROQUEFORT

St St, ELISA LATCASE

REGINA

ITALIAN

ROQUEFORT

ROQUEFORE

ENVIVI

Recina

પાણી માં ત્યારે પ

SAN EN GATON MEL20

Regina

SELAN EGIDILIMAN,

MELZIJ

ITALIAN

ROQUEFORT

MELZO

SAN FORUS GAY SER

MELO

ROQUEFORT

ITALIA

ซนเอจา

ITALIAN

司公興達

in the name of the said Tat Hing Company,

who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Singlets, and it is their intention to use it forthwith in respect of underwear and hosiery in Class 38.

   Registration of the said Trade Mark shall give no right to the exclusive use of the

Chinese characters 達興公司

appearing thereon.

Dated the 30th day of August, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

in the name of the said Societa Anonima Egidio Galbani who claim to be the

proprietors thereof.

The said trade marks have been used by the Applicants in respect of Cheese, Butter, Milk Products in general, Hams, Bacon, Canned goods (meats, luncheon, cheese fruits) and processed cheese in Class 42.

Registration of Mark No. (2) shall give no right to the exclusive use of all the words appearing thereon.except the word "REGINA" and the name of the Applicant Company.

Dated the 30th day of August, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

(FILE NO. 337 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 340 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Apol- NOTICE is hereby given that Zenith Radio Corporation, a corporation

        linaris Company Limited, of 4 Stratford Place, Oxford Street, London, W.1. England, on the 24th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

"Presta

in the name of the said Apollinaris Company Limited, who claim to be the proprietors thereof.

       The Trade Mark has been used by the Appli- cants in respect of the following goods respec- tively, in the following classes respectively, viz :-

Syrups, cordials and beverages included in Class 42 and preparations in- cluded in Class 42 for making syrups, cordials and beverages; Mineral and aerated waters, natural and artificial including ginger beer in Class 44.

       The Applicants disclaim the right to the ex- clusive use of the representation of the mug appearing in the mark.

Dated the 30th day of August, 1935.

HASTINGS & CO.,

Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE No. 342 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

organized and existing under the laws of the State of Illinois, U.S. A. with a principal office at 3620, Iron Street, City of Chicago, County of Cook, State af Illinois, United States of America, have on the 16th day of August, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ENITH

in the name of Zenith Radio Corporation, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention so to use it forthwith, in respect of the following goods :-

Electrical apparatus, radio telephone and telegraph and signaling

and transmission-of-power apparatus, in Class 8. Dated the 30th day of August, 1935.

(FILE No. 347 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

OTICE is hereby given that the Amoy

Nanning Corporation Limited,

OTICE is hereby given that United States LXĦOf

NOTIC

        Drug Store, of No. 5, Wing Lok Street, Ground floor, Victoria, in the Colony of Hong Kong, have on the 16th day of August, 1935, applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Mark:-

名著界世

丸 台科司美製

MESCO

Special

The Most Acute

Effective And Chronic

DIRECTIONS

2 TABLETS A TIME

ONE HOUR AFTER EVERY

MEAL THREE TIMES A DAY

SOLE AGENTS & DISTRIBUTOR:

THE UNITED STATES DRUG STORE.

HONGKONG.

門淘化大同灌頭有限公司)

of New Kowloon Inland Lot No. 53, Kowloon, in the Colony of Hong Kong, General Merchants,

on the 22nd day of August, 1935, applied for

registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

司公限有頭罐同大化淘門廈

**

THE AMOY CANNING CORPORATION LTD.

in the name of the Amoy Canning Corporation

Limited, (廈門淘化大同灌頭

A)

in the name of United States Drug Store, who who claim to be the pro- claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since the year 1934 in Class 3 in res- pect of Medicines and Medicated Articles.

      The applicants disclaim the right to the ex- clusive use of the word "Special" appearing thereon.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second floor,

Hong Kong.

prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 42 in respect of Preserved meats, fruits, vegetables, soy and other preserved edibles.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 30th day of August, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 333 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kwong Tin Manufacturing Company,

of No. Tak Firework Manufac rentral, First

254, Des Voeux Road

Floor, Hong Kong, have on the 7th day of

August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

MADE

FIN

CHINA

徳天光

TJAP KING KONG L

KHÔNG TIN TAK

HONG KONG:

in the name of Kwong Tin Tak Firework Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used

by the applicants but it is their intention so to use it forthwith in respect of Fireworks and firecrackers in Class 20.

Representations of the Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 30th day of August, 1935.

KWONG TIN TAK FIREWORK MFG.,

COMPANY.

Hong Kong, Applicants.

(FILE No. 288 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Abdulhusein

      Jafferjee of Bankshall Street, Colombo, in the Colony of Ceylon, Merchants, have on the 12th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

DOUBLE

JAVAN

SPECIALLY MADE FOR ABDULHUSEIN JAFFERJEE MADE IN China

   in the name of Abdulhusein Jafferjee who claim to be the proprietors thereof.

The said Trade Mark has not hitherto been used by the Applicants but it is the Applicants' intention so to use it forthwith in respect of fire-crackers in Class 20:

Facsimiles of the said mark can be seen at the offices of the Register of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of July, 1935.

LYSON AND HALL, Solicitors for the Applicants, No. 6, Queen's Road Central,

Hong Kong.

(FILE No. 209 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

that Imperial

Chemical Industries Limited, a Com- pany duly incorporated under the Laws of Great Britain, of Imperial Chemical House,

Millbank. London, S.W.1, England, as Associa

tion of Merchants and Manufacturers,

    applied for the Registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MAXO CLOR

in the name of Imperial Chemical Industries Limited, who claim to be the Proprietors thereof.

    The said Trade Mark is used by the Appli- cants in respect of the following goods :-

Chemical substances used in manufac- tures, photography, or philosophical research, and anticorrosives, in Class 1;

Chemical substances used for agricul- tural, horticultural, veterinary and sanitary purposes, in Class 2; Candles, common Soap, detergents; illuminating, heating or lubricating oils; matches; and starch, blue and other preparations for laundry purposes, in Class 47.

Dated the 26th day of July, 1935.

REMFRY & SON,

Patent and Trade Mark Attorneys,

"Stephen House Dalhousie Square,

Calcutta.

(FILE No. 208 of 1935): TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that New-York

Hamburger Gummi-Waaren Compagnie, a Company organized under the Laws of Germany, of 30, Hufnerstrasse, Hamburg, Germany, Manufacturers and Merchants, have applied for the Registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark :-

-

FATURAN

in the name of New-York Hamburger Gummi- Waaren Compagnie, who claim to be the Pro- prietors thereof.

The said Trade Mark is used by the Ap- plicants in respect of the following goods :-

Moulding or plastic compositions setting under heat and/or pres-ure made wholly or principally of synthetic or natural resins, or of casein or of cellulose esters or cellulose ethers, sold in the form of powder, granules, pieces, rods, tubes, sheets, slabs, or blocks and articles made from such compositions, in Class 50.

Dated the 26th day of July, 1935.

REMFRY & SON,

"

Patent and Trade Mark Attorneys,

Stephen House", Dalhousie Square, Calcutta.

(FILE No. 286 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Holland China Trading Co., Ltd., of No. 67 to 69, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have on the 10th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz-:-

CONDENSED 'MILK ·

STRONG MAN BRAND

FULL CREAM SWEETENED

• TEK 210/

健牌煉乳

MANUFACTURED IN HOLLAND FOR HOLLAND CHINA TRADING CO., LTD

HONG 理代行洋時好 KONG

in the name of the said Holland China Trading Co., Ltd., who claim to be the sole proprietors thereof.

The above Trade Mark is intended to be used by the applicants as follows:-

Condensed Milk in Class 42. Registration of the mark shall give no right to the exclusive use of the Chinese characters

appearing thereon.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 26th day of July, 1935.

HOLLAND CHINA TRADING CO., LTD., Applicants.

(FILE No. 292 of 1935). TRADE MARKS ORDINANCE 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that The General

Tire & Rubber Company, a Corporation organized under the laws of the State of Ohio, in the United States of America, and located and doing business at Akron, in the County of Summit, State of Ohio. U. S. A., Mauufacturers, have on the 15th day of July, 1935, applied for registration in Ilong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

GENERAL

(2)

JUMBO

(3)

streamline

in the name of The General Tire & Rubber Company, who claim to be the proprietors thereof.

Trade Marks Nos 1 and 2 have been used by the Applicants since the year 1916 and Trade Mark No. 3 has been used by the Appli- cants since the year 1931, all in respect of the following goods :-

Goods manufactured from India-Rubber and Gutta Percha nct included in other classes, in Class 40.

Dated the 26th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 296 of 1935)

TRADE MARKS ORDINANCE, 1909.

J

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Ruberoid Company Limited, of Lin-

coln House, 296-302 High Holborn, London W. C. 1. Manufacturers, have on the 19th day of July, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ASTOS

in the name of The Ruberoid Company Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not been used by the Applicants, but it is their intention so to use it forthwith, in respect of the following goods :-

Dampcourses for use in buildings and other structures: waterproof mater- ials for lining buildings and other structures, in Class 17

and

Roofing felts, in Class 50.

The "Astos" mark in Class 17 and the Astos" mark in Class 50 are associated with each other.

Dated the 26th day of July, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

1.

1792

(FILE No. 328 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Pan Kai Shiu () of No. 161 Des Voeux Roal Central, (ground floor), Victoria, in the Colony of Hong Kong, have on the 30th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

CI N

17

in the name of Pun Kai Shiu, who claims to be the proprietor thereof.

The above Mark has been used by the Appli- cant since May, 1935, in respect of Substances used as Chinese Medicine in Class 3.

Dated the 23rd day of August, 1935.

DENNYS & CO., Solicitors for the Applicant,

The National Bank Building,

Hong Kong.

THE NEW

VEHICLES AND TRAFFIC

REGULATION

is for Sale at NORONHA & CO., Government Printers

Price: $1 per Copy.

Trade and Shipping Returns for the month of August, 1935.

Co

(OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),..... Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line, Chinese, per Character,

Repetitions,

$18.00

10.00

6.00

$1.00 for 1st .$0.20 ƒ insertion 5 cents. Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

t

i

1

1794

LEGISLATIVE COUNCIL.

No. S. 295.-The following Bills were read a first time at a meeting of the Council held on the 3rd October, 1935 :--

C.S.O. 2860/26C.

[No. 19-23.9.35.-11.]

A BILL

Short title.

Substitu tion for Ordinance No. 1 of

1901, ss. 2

and 3.

Yearly Contribution for defence of Colony.

Definition of "Colonial Revenues."

Exclusion of certain

revenues.

INTITULED

An Ordinance to amend the Defence Contribution Ordinance,

1901.

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

1. This Ordinance may be cited as the Defence Contribu- tion Amendment Ordinance, 1935.

2. Sections 2 and 3 of the Defence Contribution Ordi- nance, 1901, are repealed and the following sections are substituted:

2. A sum equivalent to twenty per centum of the Colonial Revenues shall be appropriated yearly to the Imperial Govern- ment as a contribution to the defence of the Colony.

3.-(1) The Colonial Revenues for the purposes of this Ordinance shall include, subject to the provisions of sub- sections (2), (3) and (4), the gross receipts by the Colony from all sources of revenue.

(2) The following sources of revenue shall be excluded:- (i) the proceeds of land sales and premia on leases or statutory land grants.

(ii) revenue received from condemned stores.

(iii) contributions received from the Chinese Government for the maintenance of Gap Rock Lighthouse.

(iv) contributions received for anti-piracy escorts.

(v) over payments recovered in respect of previous years.

(vi) sums transferred to revenue under Colonial Regula- tion 275 in respect of the appreciation of investments repre- senting merely book profits.

(vii) profits arising from the appreciation of investments when realised.

(viii) moneys receivable from officers and specially exempted by any Ordinance for Widows and Orphans Pensions from contribution under this Ordinance.

(ix) moneys, dividends, interest or the produce of invest- ments specially exempted by any Loan Ordinance from con- tribution under this Ordinance.

(x) moneys received as punitive rates specially exempted under the provisions of any Ordinance for the time being in force relating thereto from contribution under this Ordinance.

:

1795

(xi) revenue from the profits arising from the Crown Agents' routine realisations.

of certain

taken.

(3) (i) The charges for working expenses and mainten- Net receipts ance of the British Section of the Kowloon Canton Railway, undertakings and of any railways, telephones or other productive under- only to be takings of a similar character already established or which may hereafter be established, and for interest and sinking fund on any sums raised by loan and utilised for the con- struction of such railways, telephones or undertakings, shall be deducted from the gross receipts of such railways, tele- phones or undertakings respectively, and the percentage struck on the net receipts only in each case.

(ii) For the purposes of this sub-section the Government Opium Monopoly, the Government Wireless Telegraphy Ser- vices, the Government Motor Meat Van Services, and the Water Installation (House Service) Account shall be recognised as productive undertakings in respect of which the main- tenance, cost of manufacture and other working expenses shall he deducted from the gross receipts.

under-

out of

revenue.

(4) In the case of any productive undertaking (including Deduction the Government Wireless Telegraphy Services) the capital ex-

of percentage when pro- penditure on which, or a part thereof, has been or may be ductive defrayed out of the revenue of the Colony, and not by means

                              taking is of a loan, there shall be deducted annually from the gross constructed receipts of such undertaking, during a period of fifty con- secutive years from the date of such expenditure or, if later, the date from which the undertaking is recognized for the purposes of sub-section (3) (i), a sum calculated at the rate of four per centum on such capital expenditure incurred prior to 1915, at the rate of five and a half per centum in respect of such expenditure incurred during the period 1915 to 1932, both years inclusive, and at the rate of four per centum in respect of such expenditure which has been or may be incurred from 1933 onwards. The percentage required for appropria- tion under section 2 shall be struck on the net receipts, if any, of the undertaking after making the said deductions.

Objects and Reasons.

1. This Amendment Bill when enacted will repeal sections 2 and 3 of the principal Ordinance and substitute two sections which represent their effect as modified by agreement contained in instructions received from the Secretary of State.

2. The new section 2 corresponds with section 2 of the Straits Settlements Ordinance No. 64 (Defence Contribution) and also with the first paragraph of the repealed section 3 of the principal Ordinance.

3. The new section 3 (1) corresponds with section 3 (1) of the Straits Settlements Ordinance and with the repealed section 2 of the principal Ordinance with the exception of the inclusion of a saving reference to sub-sections (2), (3) and (4) and of the omission of the reference to land sales, premia or leases and statutory land grants which are now included in sub-section (2) of the new section 3.

4. The new section 3 (2) gives a list of sources of revenue

avaludad

1796

Paragraph (i), relating to land sales, comes from the latter part of the repealed section 2.

Paragraph (ii), relating to condemned stores, appears in Appendix II of the draft Estimates for 1934 as authorised by C.O. despatch 129 of 29th April, 1922.

Paragraph (iii), relating to Gap Rock Lighthouse, ex- presses the agreement by the Army Council in paragraph 4 of the War Office letter of the 25th April, 1932, enclosed with the Secretary of State's despatch of the 3rd June, 1932.

Paragraph (iv), relating to anti-piracy escorts, and para- graph (v) relating to overpayments, expresses the agreement by the Army Council in paragraph 5 of the said letter.

Paragraphs (vi) and (vii), relating to transfers to revenue under Colonial Regulation 275 formerly numbered 291 and to profits from the appreciation of investments when realised, represent the understanding referred to in Colonial Office letter of 14th October, 1932, to the War Office enclosed with the Secretary of State's Despatch of the 22nd October, 1932.

Paragraph (viii) refers to section 5 of the Widows and Orphans Pension Ordinance, No. 15 of 1908, the consolidation of which with its amending ordinances is in course of pre- paration.

Paragraph (ix) refers to the War Loan Ordinance, 1916, (No. 12 of 1916), which has not been repealed although the loan authorised and raised thereunder has been repaid, to the Public Works Loan Redemption Ordinance, 1933, (No. 15 of 1933), and to the Hong Kong Dollar Loan Ordinance, 1934, (No. 11 of 1934), under which a sum not exceeding $25,000,000 is to be raised by borrowing for various projects, including the redemption last year, at a cost of $3,864,943 of the balance of the Hong Kong 31% Inscribed Stock 1918/43.

Paragraph (x) refers to section 9 (8) of Ordinance No. 41 of 1912, the operation of which Ordinance is, however, suspended by Proclamation No. 3 in the Hong Kong Govern- ment Gazette of the 7th February, 1913.

Paragraph (xi) refers to routine realisations dealt with in paragraphs 12 and 13 of the Governor's despatch No. 400 of 10th September, 1929, and agreed to in paragraph 11 of the War Office letter to the Colonial Office of the 25th April, 1932.

5. The new section 3 (3) (i) represents the first proviso to the repealed section 3 of the principal Ordinance, with the words "already established or" added after the words "similar character" as directed by the Secretary of State's telegrams of the 18th October and 27th October, 1933.

The new section 3 (3) (ii) sets out the productive under- takings other than railways and telephones which have been recognised as entitled to similar treatment. The Opium Mono- poly appears in Appendix II of the draft Estimates for 1934 as recognised under Colonial Office despatch No. 173 of 10th July, 1914. The Government Wireless Telegraphy Services were recognised in paragraph 2 of the War Office letter of 25th April, 1932, enclosed with the Secretary of State's des-

1797

patch of 3rd June, 1932. The Government Motor Meat Van Services and the Water Installation (House Service) Account were recognised in paragraphs 3 and 5 of the same letter.

6. The new section 3 (4) relates to the deduction at the rate of 5 per cent in respect of the capital expenditure on the Government Wireless Telegraphy Services for the years 1915 to 1932 referred to in paragraph 2 of the War Office letter of 25th April, 1932, enclosed with the Secretary of State's despatch of 3rd June, 1932, and in paragraph 3 of the War Office letter of 25th February, 1933, enclosed with the Secretary of State's despatch of 7th March, 1933. It has been redrafted to comply with the Secretary of State's despatch of the 27th February, 1934, enclosing the War Office letter of the 30th January, 1934.

7. The Bill for this Ordinance in its present form (except for the necessary change of date in the Short title and for the change of number in section 3 (2) (vi) from 291 to 275 necessitated by the renumbering of the relevant Colonial Regulation in the 1935 edition of such regulations) was submitted to the Secretary of State with the Governor's despatch of the 19th July, 1934 and approved by the Secretary of State's telegram of the 9th September, 1935.

September, 1935.

C. G. ALABASTER,

Attorney General.

1798

A BILL

INTITULED

[No. 26-5.9.35.-2.]

Short title.

Interpreta- tion.

Ordinance

No. 13 of 1935.

Penalty for cruelty to animals.

An Ordinance to provide for the Prevention of Cruelty to

Animals.

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

1. This Ordinance may be cited as the Prevention of Cruelty to Animals Ordinance, 1935.

2. In this Ordinance, unless there is something repugnant in the context-

"Animal" means any bird, beast, fish, reptile or insect, whether wild or tame.

"Colonial Veterinary Surgeon" includes any Veterinary Surgeon authorised by the Governor to perform the duties of the Colonial Veterinary Surgeon under this Ordinance and also any assistant Colonial Veterinary Surgeon.

"Food Officer" means any person appointed as such by the Urban Council under section 2 of the Public Health (Food) Ordinance, 1935.

"Vessel" includes any ship or boat or any other description of vessel used in navigation.

3.-(1) Any person who-

(a) cruelly beats, kicks, ill-treats, over-rides, over- drives, over-loads, tortures, infuriates, or terrifies any animal, or causes or procures or, being the owner, permits any animal to be so used, or, by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary suffering or, being the owner, permits any unnecessary suffering to be so caused to any animal; or

(b) being in charge of any animal in confinement or captivity or in the course of transport from one place to another, neglects to supply such animal with sufficient food and sufficient fresh water; or

(c) conveys or carries, or causes or procures or, being the owner, permits to be conveyed or carried, any animal in such a manner or position or in a case, crate or basket of such construction or such small dimensions as to subiect it to unnecessary pain or suffering; or

1799

(d) loads any animal into or discharges any animal from any vessel or railway truck on to another vessel or railway truck or on to a wharf or on to the shore, or on to any platform in such a way or with such appliances as to subject such animal to needless or avoidable suffering; or

(e) causes, procures or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any premises or place to be so kept, managed or used, or receives, or causes or procures any person to receive, money for the admission of any person to such premises or place; or

(f) employs, or causes or procures or, being the owner, permits to be employed, in any work or labour any animal which, in consequence of any disease, infirmity, wound or sore, or otherwise, is unfit to be so employed; or

(g) brings into the Colony, or drives, carries, transports, removes, or has or keeps, or knowingly suffers to be had or kept under his control or on his premises, any animal in any way which may cause it needless or avoidable suffering,

shall be liable on summary conviction to a fine not exceeding two hundred dollars and to imprisonment for any term not exceeding six months.

(2) For the purposes of this section, an owner shall be deemed to have permitted cruelty within the meaning of this Ordinance if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom: Provided that where an owner is convicted of permitting cruelty within the meaning of this Ordinance by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.

(3) Nothing in this section shall apply to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering.

seizure

search.

4. (1) Any Colonial Veterinary Surgeon, Food Officer or Power of Police Officer may arrest without warrant any person who he arrests, has reason to believe is guilty of an offence against section 3 or entry and against any regulation under this Ordinance, whether upon his own view thereof or upon the complaint and information of any other person. Any such other person shall declare his name and place of abode to any such surgeon or officer.

(2) Any animal, conveyance or article concerning or by which any such offence has been committed may be seized by any such officer and taken to a police station or to any convenient place, and there kept, unless given up sooner by order of a Magistrate, until the charge is decided in due course of law.

(3) Any such surgeon or officer may stop in any street or public place and examine any animal in respect of which he suspects that an offence has been committed under section

3.

Orders by

1800

(4) Any such officer may enter and search any building or vessel in or on board of which such officer may have reason to suspect that any offence against any of the pro- visions of this Ordinance or of any regulation made there- under is being or has been committed.

5.--(1) When any person has been convicted by a Magistrate. Magistrate of an offence under section 3 or of any regulations made under this Ordinance, the Magistrate may order that any animal in respect of which the offence has been committed-

Power to order destruction

of animals.

(a) shall not be used, or

(b) shall be removed to and detained in such place and for such time as is stated in the order.

(2) Any order that an animal shall not be used or shall be detained in any place may, instead of stating any period of time, direct that the animal shall not be used or shall be detained until it recovers, and such animal shall not be used or shall be detained, as the case may be, until a Colonial Veterinary Surgeon certiiles in writing that it may properly be used or released.

(3) If any animal has been taken to any place in pur- suance of an order made under this section any person who has been convicted of an offence in respect of such animal shall be liable to pay the prescribed fees for its maintenance and treatment for so long as it shall remain therein, and such fees may be recovered as a fine: Provided that, if the owner of any such animal shall request the officer in charge of the animal to destroy it, such officer shall forthwith cause the animal to be destroyed, and no fees shall be payable in respect of the maintenance or treatment of such animal for any time subsequent to such request.

(4) Any person who acts in contravention of any order made under this section shall be liable on summary conviction to a fine not exceeding two hundred dollars and to imprison- ment for any term not exceeding six months.

6. Any

Magistrate, Colonial Veterinary Surgeon, Food Officer, Government Medical Officer, or Police Officer not below the rank of sub-inspector who has satisfied himself by personal inspection-

(a) that an animal is so severely injured that it is cruel to keep the animal alive, or

(b) that an animal is so severely injured or in such a physical condition that in his opinion, having regard to the means available for removing the animal, there is no possibility of removing it without cruelty and that it is cruel to keep it alive,

may by order in writing direct such animal to be destroyed, and such order may forthwith be carried out by or under the direction of such officer or of any police officer.

Provided that if any such animal is in any house, stable, shed or enclosure proper for such animal and not in a street or other public place, no such order shall be made until the owner of the animal (if present) or the person in charge thereof (if any) has been informed of the state of the animal.

1801

tion not

payable.

7. No compensation shall be payable to any person in Compensa- respect of the destruction of any animal in pursuance of an order made under section 6, or in compliance with a request as provided in section 5 (3) by any person professing to be the owner of such animal, provided in the latter case that the officer in charge of the animal in good faith believed that the person making the request was in fact the owner.

make

8. (1) For the purpose of preventing cruelty the Power to Governor in Council may make regulations prescribing the regulations. conditions under which animals may be kept in confinement in any place, vessel or vehicle.

(2) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legislative Council held after such regulations. have been laid on the table of the said Council resolving that any such regulations shall be rescinded or amended in any manner whatsoever, the said regulations shall, without pre- judice to anything done thereunder, be deemed to be rescinded or amended as the case may be as from the date of publication in the Gazette of the passing of such resolution.

(3) The regulations in the Schedule shall be deemed to have been made under this Ordinance and shall be in force, except in so far as they may be rescinded, suspended, added to or amended by regulations made by the Governor in Council under sub-section (1).

tion of

9. (1) Every act, failure, neglect or omission whereby Contraven- any requirement of any such regulation is contravened, and regulations. every refusal to comply with any such requirement, shall be (15 of 1903 deemed a contravention of such regulation.

s. 4).

(2) Any person who contravenes any regulation shall be Penalty. liable to a fine which shall not exceed for any one offence the sum of one hundred dollars, or, in the case of a continuing offence, the sum of twenty dollars for every day during which the offence continues.

of master

(3) The master of every vessel shall (in addition to the Liability actual offender) be demed to be guilty of any contravention of vessel.

occur while he is on board

of any regulation which may his ship and shall be liable to be proceeded against and punished accordingly.

10. The following enactments are repealed:--

Repeals.

(i) Subsection (6) of section 7 of the Summary Offences s. 7 (6) of Ordinance, 1932,

Ordinance No. 40 of 1932.

(ii) Section 72 of the Public Health (Sanitation) Ordin- s. 72 of ance, 1935.

Ordinance No. 15 of 1935.

(iii) The Live Stock Import and Export Ordinance, 1903, Ordinance and all the regulations made thereunder.

1903 and regulations

thereunder.

1802

SCHEDULE.

Part I.

GENERAL REGULATIONS.

(1) Baskets, crates and cages, other than pig crates, shall be large enough to allow free movement in all directions of every animal therein.

(2) Bird cages shall have sliding or removable bottoms and the bottoms shall be of such construction as to prevent droppings from birds in one cage falling on to birds in another cage.

(3) Perches in bird cages shall be so arranged that droppings. from birds on higher perches do not fall on birds on lower perches and the perches to each cage shall be sufficient for all the birds in such cage to find room to roost.

(4) Adequate shelter from sun or rain shall be provided for all animals in captivity.

(5) Baskets, crates and cages, containing animals shall be kept clean and properly ventilated.

(6) All premises in which animals are in confinement shall be kept clean, properly lighted, ventilated, drained, and in good repair.

(7) All animals shall have a constant and adequate supply of clear fresh water.

(8) All maimed or ailing animals shall be separately confined.

(9) Any basket, crate or cage in which any pig, bird, dog or cat is carried or kept shall be so constructed as to prevent any such anima! from being injured.

Part II.

LIVE STOCK IMPORT AND EXPORT REGULATIONS.

CATTLE, ETC.

1. The master, owner, or agent of every vessel leaving any port of the Colony carrying more than ten head of cattle for export shall provide suitable food and fresh water for all cattle carried in the said vessel sufficient for the intended voyage, and in addition shall provide-

(1) for voyages of less than three days average duration, one day's extra ration for each head of cattle; or

(2) for voyages of more than three days average duration, two days' extra rations for each head of cattle.

He shall also cause all the cattle carried in the said vessel to be provided with a sufficient quantity of food and water in every twenty- four hours from the time of embarkation till the time of final disembarkation, and shall carry such number of men as shall, in the opinion of the Colonial Veterinary Surgeon, be requisite to attend to the cattle on board. Such men shall not be employed on any other duties during the voyage.

2. No cattle carried on board any vessel shall be secured by the nose, but all such cattle shall be tied by a halter of a length sufficient to permit the animal to lie down, and of a strength sufficient to bear the weight of the animal.

1803

3. Every vessel carrying more than ten head of cattle shall be provided with secure footholds for the use of the cattle on board, and shall be fitted with weather boards or other protection for such cattle from sun and rain and sea, and with a sufficient number of pens. No pen shall be constructed of bamboo, and no pen shall accommodate more than four head of cattle (two calves under six months being counted as one). The pens shall be arranged SO that the cattle stand athwartships and shall be substantially constructed and securely fastened so as to stand rough weather. The pens shall be cleansed at least once a day.

4. The Colonial Veterinary Surgeon, any Food Officer and any Police Officer may board any vessel within the territorial waters of the Colony at any time in order to ascertain whether regulations Nos. 1 to 4 (both inclusive) of these regulations are complied with.

5. No vessel shall be permitted to carry more than two hundred head of cattle for export at any one time.

6. Each animal conveyed in any vessel shail, except as herein- after provided, have not less than fourteen square feet of deck-space allotted. Footholds shall be provided to prevent slipping, and the animals shall stand athwartships and shall be secured by a halter and not be tied by the nose: Provided that in the case of cattle under two years of age the deck-space allotted shall be fourteen square feet for every two such cattle.

SHEEP AND GOATS.

7. Sheep and goats shall be carried in any vessel in substantially built pens containing not more than forty in each pen, and three square feet shall be allowed per head.

PIGS.

8. Not more than forty pigs in any vessel shall be placed in one pen.

Three square feet shall be allowed per head, two pigs each under 80 lbs. live weight to count as one, three pigs each under 50 lbs. live weight to count as one.

When carried in crates, a separate crate shall be assigned to each pig. Every such crate shall be of sufficiently large dimensions to hold the pig comfortably and shall also have a small enough mesh to prevent the pig from being injured. Crates shall be arranged in rows and, if stacked, there shall be two layers or tiers only. Rows, if not single, shall be two deep only. Crates shall be so arranged that all the pigs' heads in a single row face the same way, and in a double row face outwards. On the side or sides of a row on which the pigs' heads face, an alleyway shall be left, eighteen inches wide, to allow food and water to be given. All the crates in a row which is not stacked shall be securely fastened together. In the case of a stacked row there shall be pairs of strong upright posts, which may be of a detachable type, of a height not less than the top of the upper layer or tier, securely fastened to the deck and supporting the row or stack.

Such pairs of posts shall be fixed at each end of the stack and at intervals of not more than five crates in the stack's length. Each pair of posts supporting a stack shall be securely fastened together. Large flat- bottomed boats shall be used for conveying pigs across the harbour.

POULTRY.

9. The baskets or crates in which poultry are carried are to be supplied with mats or to be otherwise so constructed as to prevent the poultry getting their legs through.

GENERAL.

10. The Harbour Master may, and, if requested to do so by the Colonial Veterinary Surgeon, shall, refuse to grant a port clearance for any vessel on board of which the requirements of these regulations have not been or are not being complied with.

1804

Objects and Reasons.

1. This Bill, dealing with cruelty to animals, as defined by Clause 2, is founded in the main upon the provisions of the Straits Settlement Ordinance No. 10 of 1930, and upon the by-laws made under that Ordinance on the 27th March, 1931.

2. In the interpretation Clause 2 the definition of Colonial Veterinary Surgeon is copied from section 2 (1) (f) of Ordin- ance No. 16 of 1935, the definition of Food Officer is adapted from section 2 of Ordinance No. 13 of 1935 and the definition of vessel is copied from the definition in section 2 () of Ordinance No. 2 of 1933.

3. Paragraph (1) (d) of Clause 3 has no counterpart in the Straits Settlements Ordinance, but is obviously needed in order to prevent cruelty in the loading or discharging of animals.

Paragraph (1)(g) of Clause 3 is copied (omitting the words "or other creatures') from the slightly amended version of Section 53 of Ordinance 1 of 1903, which appears in Section 72 of the recent Public Health (Sanitation) Ordinance, 1935, and seems appropriate for insertion in a cruelty to animals bill, like the present.

Subsection (4) of Clause 4 of this Bill supplements the Straits Settlements Ordinance by granting a power of search to the officers mentioned in subsection (1) of that clause.

For reasons of economy in administration the present Bill does not follow Straits Settlements legislation in regard to the Government providing infirmaries for animals (as is done by section 6 of the Straits Ordinance), nor is it thought necessary to provide (as is done in section 8 of the Straits Ordinance) for the recovery of the expenses of the burial and removal of animals destroyed.

Clauses 5, 6 and 7 of this Pill follow, mutatis mutandis, the provisions of sections 5, 7 and 9 of the Straits Settlements Ordinance.

Clause 8 (1) of this Bill re-enacts the substance of Section eleven of the Straits Settlements Ordinance, with the import- ant exception that it is not thought necessary to provide for the licensing of animal shops, because it is realised that the introduction of such a new provision in this Colony might inflict hardship upon the owners of bird-shops by compelling them to reconstruct their premises at considerable expense. It has, however, been found necessary to include in Part I of the Schedule to this Bill, regulations which are based to a great extent upon the conditions attached to the licences of animal and bird-shops in the Straits Settlements. This part of the Schedule lays down certain obviously humane conditions under which animals and birds ought to be kept and carried.

Clause 9 (1) of the Bill is based upon the provisions of section 4 of the Live Stock Import and Export Ordinance, 1903, which Ordinance, with the Regulations made there- under, is repealed by this Bill. Clause 9 (3) is copied from No. 11 of those regulations.

Clause 10 of this Bill repeals subsection (6) of Section 7 of the Summary Offences Ordinance, 1932, because the

j

1805

provisions of that subsection in regard to cruelty are amply covered by Clause 3 of this Bili. It also repeals section 72 of the Public Health (Sanitation) Ordinance, 1935, because the provisions of that section are covered by Clause 3 (1) (8) of this Bill, and likewise repeals the Live Stock Import and Export Ordinance, 1903, and the Regulations made there- under, because they are in effect provisions for the prevention of cruelty to animals whilst being imported to or exported from the Colony, and are revised and re-enacted in Clause 9 of this Bill and in Part II of the Schedule.

September, 1935.

C. G. ALABASTER,

Attorney General.

The New

Ordinance Section.

1806

TABLE OF CORRESPONDENCE

Straits Settlements

Ordinance No. 10 of 1930 Section,

Remarks.

1

1

2

2

The definition of Animal is from the

Straits Settlements Model.

The definition of Colonial Veterinary Sur- geon is from Ordinance No. 16 of 1935, s. 2 (1) (f).

The definition of Food Officer is adapted

from Ordinance No. 13 of 1935, s. 2.

The definition of vessel is from Ordinance No. 2 of 1933, s. 2 (i).

3 (1) (a)

3 (1) (a)

3 (1) (b)

3 (1) (b)

sufficient fresh

added before "water".

3 (1) (c)

3 (1) (e)

or in a case, crate or basket of such Construction or such small dimensions added after position ".

New.

""

3 (1) (d)

3 (1) (e)

3 (1) (d)

3 (1) (f)

3 (1) (e)

ΟΙ

added at end.

3 (1) (g)

Final

paragraph

No. 15 of 1935, s. 72 redrafted.

on con-

and

on suminary conviction for

viction before a police court ". to for or to "." or to both omitted.

46

3 (2)

3 (2)

3 (3)

3 (3)

4 (1)

4 (1)

4 (2)

4 (2)

"any Colonial Veterinary Surgeon, Food Officer or Police Officer" for "any Government veterinary officer, police officer, and, within the limits of any Municipality any municipal officer ap- pointed in writing in that behalf by the President of the Municipal Com- missioners".

66

""

of this Ordinance

omitted.

or against any regulations under this

Ordinance added

"

Any such person shall for who

shall ".

"

surgeon or inserted before "officer"

in the last line.

"

a police station or to any convenient place for a pound, police station or infirmary"

Magistrate" for "Police Court ".

The New

Ordinance

Section.

1807

Table of Correspondence,--Continued.

Straits Settlements

Ordinance No. 10 of 1930 Section.

Remarks.

4 (3)

4 (3)

4 (4)

of this Ordinance omitted.

New.

5 (1)

5 (1)

5 (2)

5 (2)

5 (3)

5 (3)

5 (4)

5 (4)

6

6

1-

8 (1)

8 (2)

8 (3)

9

Magistrate for "Police

Ordinance omitted.

"of this

"or of any regulations made under this

Ordinance" added.

66

66

Magistrate for Court

such place and for an infirmary".

(6

any place for an infirmary

"Colonial for Government ".

46

any place" for "an infirmary

"in charge of the animal" for "in charge

of the infirmary".

summary conviction

before a Police Court

for

conviction

"and to imprisonment for any term not exceeding six months" for "or to im- prisonment of either description for any term not exceeding six months or to both ". c.f. No. 30 of 1911 s. 11.

omitted, not considered necessary.

66

""

for "Gov-

sub- "Food

Colonial Veterinary Surgeon

ernment Veterinary Officer inspector" for "inspector". "inspector". Officer' added.

In paragraphs (a) and (b) of 6 reference to the diseased nature of the animal is omitted in order not to clash with section 7 of Ordinance 16 of 1935.

Omitted. Not considered necessary.

66

6

for

، ،

'7"

10.

31 (1)

"in charge of the animal" for "in charge

of the infirmary".

Omitted as unnecessary.

The reasons for the differences between 8 of this Bill and 11 (1) of the Straits Ordinance are explained in the objects and reasons.

Is the usual Hong Kong clause providing for regulations being laid on the table. at the Legislative Council.

Founded on precedent. cf. No. 13 of 1935,

s. 6.

1808

Table of Correspondence,--Continued.

Straits Settlements

The New Ordinance

Section.

Ordinance

No. 10 of

1930

Section.

Remarks,

9 (1)

9 (2)

9 (3)

10 (i)

10 (1)

10 (iii)

Schedule

Defines what is deemed to be contraven- tion of regulations, and is taken from section 4 of Ordinance No. 15 of 1903, which Ordinance with the regulations thereunder is repealed by clause 10 of this Bill.

Derived from section 11 (4) of the Straits

Settlements Ordinance of 1930.

This provision is the same (except that "any regulation" is substituted for "these regulations") as Number eleven of the Live Stock Import and Export Regulations which will be repealed by clause 10 of this Bill. It is considered more regular to embody such substantive provision in the body of the bill rather than in a regulation.

Repeals 7 (6) of the Summary Offences. Ordinance, 1932, as being amply covered by clause 3 of the present Bill.

Repeals section 72 of the Public Health (Sanitation) Ordinance as being cover- ed by clause 3 (1) (g) of the Bill.

Repeals the Live Stock Import and Export Ordinance, 1903 and all the regulations made under that Ordinance, because that Ordinance and the regulations are all of them directed to the prevention of cruelty, and it seems convenient to include all the Hong Kong enactments relating to cruelty in one Bill.

Part I of the Regulations is based upon the conditions of licences in the Straits Settlements Regulations, of 1931, relating to Animals and Bird shops, revised and redrafted to suit local conditions.

Part II of the Regulations is based upon the Live Stock Import and Export Regulations published in the Regula- tions of Hong Kong 1844-1925 at pages 303-305 as amended by Government Notification 596 of 26/9/30, published on p. 217 of the regulations for that year, revised and redrafted to suit present conditions. The references to the dimensions and mesh of the pig- crates and to the use of flatbottomed boats for the conveyance of pigs across the Harbour in regulation 8 are new.

1809

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 296. Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th September, 1935, as certified by the Managers of the respective Banks :---

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

$

Chartered Bank of India, Australia and China

14,071,657

8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

114.852,851

$9,200,000†

1,693,503

1,350,000§

TOTAL

$

130,618,011

98,850,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £765,000.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

4th October, 1935.

R. A. D. Forrest,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

 No. S. 297.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

4th October, 1935.

1111-1121

R. A. D. FORREST,

Colonial Secretary.

1810

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 298.-The following names of successful tenderers are notified for general information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 233 of 8.8.35.

Tender for Two Blocks of Messrs. Kin Lee & Co.

Flats.

S. 234 of 7.8.35.

Tender for Collection and

Storage of Sand.

Messrs. The Union Construc-

tion Co.

S. 246 of 14.8.35.

S. 232 of 9.8.35.

S. 238 of 16.8.35.

S. 250 of 21.8.35.

S. 260 of 28.8.35.

S. 251 of 23.8 35.

S. 278 of 4.9.35.

S. 261 of 28.8.35.

S. 283 of 9.9.35.

1st October, 1935.

Tender for Waterworks Depots Messrs. Sang Hop & Co.

at Taipo and Un Long.

Tender for Old Material, Public

Works Department.

Tender for Matsheds and Pro- visions and Stores, etc., Fanling Camp.

Tender for repairs to No. 2

Police Launch.

Tender for Piling Contract,

New Gaol at Stanley.

Messrs. Fook Hing Cheung,

Mr. Tsang Kai Chuen, Messrs. Yan Yick, Lam Cheong Kee, Tack Wo Cheung, Wan Kee, Wing Tak and Tai Tack Shing Co.

Messrs. Wellman & Co.

Messrs. The Hong Kong and Whampoa Dock Co., Ltd.

Messrs. The Vibro Piling Co.,

Ltd.

Tender for making, clearing Messrs. Shun Kee.

and repairing Forestry Paths and Fire Barriers, 1935.

Tender for Addition to the Entrance Lodge, Kowloon Hospital.

Messrs. Chung Lee & Co.

Tender for Eastern Pumping Messrs. Hop Hing & Son.

Scheme-Pump Houses.

Tender for Fire Service Instal- lation at The New Central British School, Kowloon,

Messrs. Reiss, Massey & Co.,

Ltd.

R. A. D. FORREST,

Colonial Secretary.

ت خسته است

1811

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 299.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

Authority.

Notification No. 729 of 23rd September,

1935.

R. A. D. FORREST,

Colonial Secretary.

4th October, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 300. -Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

4th October, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

R. A. D. FORrest,

Colonial Secretary.

1812

GOVERNMENT LABORATORY.

Description.

  No. S. 301.--Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 30th September, 1935.

Number of Samples.

Number found genuine.

Number found adulterated.

Bread

23

23

0

Cheese

1

Ι

0

Coffee

1

1

0

Flour

20

19

1

Milk, condensed

I

1

0

Milk, fresh

20

19

Ι

Sugar

GO

3

3

0

Tea

1

1

0

1st October, 1935.

70

70

68

2

A. JACKSON,

Government Analyst.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 302.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the purchase of Unserviceable Stores, K.C.R.", will be received at the Colonial Secretary's Office until Noon of Monday, the 14th day of October, 1935.

Each tenderer must attach to his tender a receipt to the effect that he has deposited in the Colonial Treasury the sum of $25 as a pledge of the bona fides of his offer. The said deposit shall be forfeited to the Crown should the tenderer refuse or fail to carry out the whole or any portion of the tender, if the whole or any portion thereof is accepted.

Tenders will be accepted for either the whole or any lots of the list of articles, full particulars of which may be obtained on application at the Head Offices, Kowloon-Canton Railway at Kowloon.

The Government does not bind itself to accept the highest or any tender.

4th October, 1935.

R. D. WALKer, Manager & Chief Engineer.

1813

HARBOUR DEPARTMENT.

No. S. 303.-It is hereby notified that sealed tenders in quintuplicate, which 3' ", will be received should be clearly marked "Tender for repairs to S. T. 'S. D. 3 at the Colonial Secretary's Office until Noon of Friday, the 18th day of October, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

  The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

1st October, 1935.

G. F. HOLE,

Harbour Master.

SANITARY DEPARTMENT.

No. S. 304.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Slaughter House Contract, Sai Wan Ho", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 22nd October, 1935, for the privilege of slaughtering animals for the food of man in the Government Slaughter House at Sai Wan Ho, for the period of one year from the 1st January next.

For full particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $75 as a pledge of the bona fides of his offer.

 The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $550 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

4th October, 1935.

1814

SANITARY DEPARTMENT.

  No. S. 305.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Slaughter House Contract, Aberdeen", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 22nd day of October, 1935, for the privilege of slaughtering animals for the food of man in the Government Slaughter House at Aberdeen, for the period of one year from the 1st January next.

For full particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $75 as a pledge of the bona fides of his offer.

The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $200 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

4th October, 1935.

PUBLIC WORKS DEPARTMENT.

No. S. 306.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Heating and Hot Water Service to The New Gaol at Stanley" will be received at the Colonial Secretary's Office until Noon of Monday, the 21st day of October, 1935. The work consists of the supply of boilers, calorifiers, tanks and piping for heating and hot water service at the New Gaol at Stanley.

As security for the proper performance of the works under this contract the success- ful tenderer will be required to deposit in cash a sum of $1,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

2nd October, 1935.

R. M. HENDERSON,

Director of Public Works.

1815

DISTRICT OFFICE, SOUTH.

 No. S. 307.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 18th day of October, 1935.

 The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

 The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,250.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Annual

Upset Crown

Price.

Rent.

N.

S.

E.

W.

$

$

Lantao

Demarcation District.

No. 310,

Lot No. 316.

Luk Wu.

2,000

20

2.50

Subject to

readjustment as

provided by the

Conditions of

Sale.

4th October, 1935.

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

No. S. 308.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 21st day of October, 1935, at 3 p.m.

1

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent. Price.

Sale.

N.

S.

E.

W.

1

Kowloon Inland Lot No. 3617.

feet.

feet. feet.

feet.

$

$

About

Junction of Boundary Street, Poplar Street & Yu Chau Street, Mong Kok Tsui.

As per sale plan.

1,800

34

5,400

4th October, 1935.

R. M. HENDERSON,

Director of Public Works.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 309.--Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th September, 1935.

Language

111

Title of Book.

which it is

written.

Name of

Author,

Translator,

Place of

Name or

Firm of

Date of

Number

of

Number of

Printing

Issue

Printer and

Subject.

and

from

Name or

Sheets,

Leaves,

Size.

or

Editor.

Place of

Publication.

the

Number

of

Edition.

Whether Copies of Printed

Name and

Price at

which the

Residence of the

Firm of

or

which the

Edition

consists.

'or

Book is

Press.

Publisher.

Pages.

Litho-

graphed.

sold to the

Public.

Proprietor of the Copyright or any Portion of such Copyright.

No. 17.-Chinese Chow-How to order and appreciate.

English and

Chinese.

G. F.

Gilbert.

Ordering of Hong Kong.

Printer,

12.7.35.

Chinese

food.

Ye Olde

26

leaves.

5" x 33"

First.

1,000

Printed.

$1.00

Printerie Ld.

Publisher,

G. F. Gilbert,

105, Cheung

Sha Wan Road,

Ground floor.

Tell the

World

Publishing

Co.

No. 18.-The Study of mines in

English.

China, Indo-China and Malaya.

E. M. de

Villa.

Mines.

Do.

Hong Kong | 29.7.35. Daily Press

Ltd.

130

leaves.

6" × 9"

Do.

500

Do

$10.00 E. M. de Villa, P. O. Box 923, Hong Kong.

Fung Hon, 161, Wong Nei Chung Road, Hong Kong.

No. 19-Rhymic Vocabulary of the Cantonese Dialect.

Chinese.

Fung Hon.

Vide title.

Do.

5.8.35.

The

62

leaves.

3" x 72"

Do.

500

Do.

40 cents.

Millan

字檢聲音粵

Printing

Co.

No. 20.-Commercial and

English.

Industrial Hong Kong.

J. M. L.

Gutierrez.

Commercial Printer, 50, Hong Kong.

Printer, The 28.8.35.

Wellington

Street,

Publisher,

Empire

Printing

100

leaves.

11" x 91" Do.

500

Do.

Free to

Adverti-

ser, $5

Press,

to

public.

Bank of

China Build-

Publisher,

The

ing, 2nd floor. Bedikton Co.

J. M. L.

Gutierrez,

26, Robinson Road, and L. V. Xavier, 62, Waterloo

Road.

1816

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th September, 1935,-Continued.

Language

Name of

Author,

Place of

Name or

Firm of

Date of

in

Title of Book.

Translator,

which it is

Subject.

Printing

and

Issue

Printer and

from

Name or

Number

of

Sheets,

Leaves,

Number

Size.

or

written.

Editor.

Place of

Publication.

the

of

Edition.

Number of

Copies of which the

Edition

Whether

Printed

Price at

or

which the

Book is

Name and Residence of the Proprietor of the

Firm of

or

consists.

Press.

graphed.

Litho-sold to the Copyright or any

Public.

Portion of such

Copyright.

Publisher.

Pages.

No. 21.-War Clouds over the Pacific.

Chinese.

Hou Yiu.

雲風的上洋平太

No.

22.-Nanyang Chinese

Hygiene Readers (Book 1-4). 書科生衞洋南

(册四至一)

2nd October, 1935.

Do.

Au: S. F.

Wong Ed: L. S.

Chung.

Novel

describing the future

war in the

Pacific

Ocean.

43, Des

The

Vœux Road,

Central.

Industrial

August.

1935.

234

leaves.

6" x 8" First.

3,000

Printed.

$1.00

& Com-

The

Industrial & Commercial

mercial

Daily Press

Ltd.

Daily Press Ltd., 43, Des Vœux Road,

Central.

Hygiene for Hong Kong. Children.

The

Commercial

Press, Ltd.

1.7.35

189

pages

in 4

71" × 51" Do.

3,000

Do.

20

cents

each.

books.

The

Commercial

Press, Ltd.

35, Queen's

Road, Central.

A. G. CLARKE,

p. Secretary for Chinese Affairs

1817

No. S. 310.

1818

NOTICE TO MARINERS.

No. 77/1935.

   In connection with the harbour dredging now in progress, dredging and surveying operations will take place from time to time in the following areas :-

Area (1).-In the vicinity and north of Buoys A.10, A.8, and A.9.

Area (2).--Bounded by a line joining Buoys A.1, A.2, A.8, A.11 and a position

1000 feet South of Kowloon Point.

Area (3).-Bounded by lines joining the following positions:-

Lat. 29° 18′ 00′′ N.

Long. 114° 11' 51" E.

99° 17' 48" N.

114° 11' 54" E.

22° 17' 51" N.

114° 12' 15" E.

22° 18′ 04′′ N.

114° 12' 15" E.

   Masters of vessels are warned to keep clear of the dredging plant and all sampans, motor boats and buoys used on survey work.

Craft used in survey work will carry a

red flag. A good look out should be kept for all craft so employed.

   Notice to Mariners No. S. 173 (No. 55 of 1935) and Notice to Mariners No. S. 235 (No. 69 of 1935) are hereby cancelled.

Harbour Department,

3rd October, 1935.

G. F. HOLE,

Harbour Master, &c.

SANITARY DEPARTMENT.

   No. S. 287.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Earthenware Urns", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 8th day of October, 1935, for the supply of Earthenware Urns for use in the Government Cemeteries, for the period of one year from the 1st January next :-

500 urns (400 medium and 100 small) for Chai Wan Cemetery. To be delivered

on or about 2nd July, 1936, in one consignment.

7,000 medium urns for Aplichau Cemetery. To be delivered in monthly con-

signments of 1,000 medium urns commencing from 1st March, 1936.

   Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of their tender, which sum shall be for- feited to the Crown, should the successful tenderer fail or refuse to carry out his tender.

Prices to be quoted in Hong Kong currency.

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

   The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $500 in the Colonial Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

W. J. CARRIE,

Head of the Sanitary Department.

20th September, 1935.

IN THE SUPREME COURT OF HONG KONG.

W

(COMPANIES WINDING-UP.)

No. 5 or 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of George Henry Bosch, late of Sydney in the State of New South Wales in the Commonwealth of Australia, Merchant deceased.

In the Matter of the Outdoor Sports NOTICE is hereby given that the Court has

Equipment Company, Limited.

INDING-UP Order made on the 30th day of September, 1935. Date and place of First Meetings:-

    Creditors, Thursday, the 17th day of Octo- ber, 1935, at 10.30 o'clock in the forenoon at the Official Receiver's Office, Supreme Court, Hong Kong.

Contributories, Thursday, the 17th day of October, 1935, at 11.30 o'clock in the fore- noon at the Official Receiver's Office, Supreme Court, Hong Kong.

Dated the 4th day of October, 1935.

A

JAMES J. HAYDEN, Official Receiver and Provisional Liquidator.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 12 of 1934.

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 26th day of October, 1935.

hereby required to send their claims to the All Creditors and others are accordingly

undersigned on or before that date.

Dated the 4th day of October, 1935.

Re The Kung Cheung Loong Firm, Rice N

Merchants, of No. 69 Connaught Road West, Victoria, in the Colony of Hong Kong.

FIRST and final dividend is intended to

be declared in this matter.

Creditors who have not proved their debts by the 19th day of October, 1935, will be excluded.

Dated the 3rd day of October, 1935.

CHAN SHI (OR TSZ) CHIU,

18, Bonham Strand West,

Victoria, Hong Kong, Trustee in Bankruptcy,

In the Matter of the Companies Ordin-

ance, 1911,

and of

THE KWONG SHING CHEONG SANDALWOOD ASSOCIATION LIMITED.

No

(IN VOLUNTARY LIQUIDATION)

OTICE is hereby given that the Final General Meeting of the above-named Company will be held in the Board Room of Messrs. Lowe, Bingham & Matthews, Mercantile Bank Building, 7 Queen's Road Central, Hong Kong, on Monday, 4th November, 1935, at 12 o'clock Noon precisely, for the purpose of having the Account of the Liquidators, showing the manner in which the Winding-up has been conducted and the Property of the Company disposed of, laid before such Meeting and of hearing any explanation that may be given by the Liquidators, and to pass the following Extraordinary Resolution, viz :--

"That the Books, Accounts and Docu- ments of the Company, and of the Liquidators thereof be retained by the Liquidators, they undertaking to destroy the same at the expiration of Five years from the Dissolution of the Company."

A. RITCHIE, C.A. Liquidator.

Hong Kong, 3rd October, 1935.

DEACONS,

Solicitors for the Executor, No. 1, Des Voeux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Ethel Annie Thurburn late of No. 58 London Road Read- ing in the County of Berks, England, Spinster, deceased.

OTICE is hereby given that the Court

has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 24th day of October, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 30th day of September, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Executor, Prince's Building, Ice House Street, Hong Kong.

In the Matter of the Companies Ordin-

ance, 1932,

and

In the Matter of The National Com- mercial and Savings Bank, Limited.

NOTICE is hereby given that the creditors

of the abovenamed company which is being voluntarily wound up, are required, on or before the 31st day of October, 1935, being the day for that purpose fixed by Philip Gockchin, of Nos. 207-225, Des Voeux Road Central, Lo Chung Wan, of No. 12, Des Voeux Road Cen- tral, and Mann K. Wong, of No. 1, Garden Terrace, all of Victoria, in the Colony of Hong Kong, the liquidators of the said company, to send their names and addresses, the particulars of their debts or claims, and the names and addresses of their solicitors, if any, to the undersigned, the liquidators of the said com- pany and, if so required by notice in writing from the said liquidators, are personally or by their solicitors, to come in and prove their debts or claims at such time and place as shall be specified in such notice, or in default there- of, they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this 1st day of October, 1935.

LO CHUNG WAN, PHILIP GOCKCHIN, MANN K. WONG,

Liquidators.

IN THE SUPREME COURT OF

HONG KONG

BY

(COMPANIES WINDING UP.)

No. 3 of 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of The Hong Kong

Amusements Limited.

ORDER of the Court dated the 30th

nessey Seth, of Messrs. Percy Smith, Seth and Fleming, Incorporated Accountants, was ap- the above-named pointed Liquidator of company and Messrs. P. M. N. da Silva, J. P. Ulderup and W. E. Denison, all of Hong Kong, were appointed Committee of Inspection.

Dated the 4th day of October, 1935.

N

JAMES J. HAYDEN, Official Receiver and Provisional

Liquidator.

NATIONAL TRADING COMPANY

LIMITED.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given that Creditors of the above-named Company, which is being voluntarily wound up, are required on or before the 31st day of October, 1935, being the day for that purpose fixed by the under- signed, the Liquidators of the said Company, to send their names and addresses, and particu- lars of their debts and claims, and the names and addresses of their solicitors, if any, to the Office of the undersigned at No. 157, Wing Lok Street, Victoria, Hong Kong, and if so required by notice in writing from the undersigned, or by their solicitors, to come in and prove their said debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 30th day of September, 1935.

OW YEUNG KIN HENG,

TO WAI CHENG,

Liquidators.

In the Matter of The Companies Ordin

ance, 1932.

and

In the Matter of The National Com- mercial and Savings Bank, Limited.'

(CREDITORS VOLUNTARY WINDING-UP).

OTICE is hereby given that at an Extra-

sy

named Company duly convened and held at the registered office of the Company, No. Sa, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, on Saturday, the 28th day of Sep- tember, 1935, at 12 o'clock noon, the subjoined Extraordinary Resolution was duly passed viz :-

That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company he wound up voluntarily, and that Messrs. Philip Gockchin of Nos. 207-225 Des Voeux Road Central, Lo Chung Wan of No. 12 Des Voeux Road Central, and Mann K. Wong of No. 1, Garden Terrace,. all of Victoria aforesaid, be and they are hereby nominated liquida- tors for the purpose of such wind- ing up.

Dated the 1st day of October, 1935.

MA WING CHAN, Chairman, of the Meeting.

THE KA WAH LIFE ASSURANCE COMPANY, LIMITED.

IN VOLUNTARY LIQUIDATION.

EXTRAORDINARY RESOLUTION.

AT an of

Tan Extraordinary General Meeting of

1822

(FILE No. 344 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 336 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mak Ming NOTICE is hereby given that Hing Ah and

() trading as Mak Ming Kee Tooth Brush Factory

A

(麥明記牙

    pany duly convened and held at Room No. 115 Asia Life Building, Queen's Road Central, Victoria, Hong Kong on Friday, the 27th day of September, 1935, at 4 p.m. it was resolved) of No. 99 Yuk Tsze Hong, Canton,

as follows:-

"That Chan Tsz Chiu (H)

of No. 18 Bonham Strand East, Victoria, Hong Kong, be and he is hereby appointed as one of the Liquidators in place of Lam Kiu

Tang () resigned."

Dated the 27th day of September, 1935.

CHAN TAT SAM,

TAM WING KWONG, Liquidators.

In the Matter of the Companies Ordin-

ance, 1932,

and

In the matter of the Wuchow Receiving

Agency, Limited.

(In Liquidation).

is in

Section 233 of the Companies Ordin- ance, 1932, that a meeting of the Creditors of the abovenamed Company will be held at No. 40 Bonham Strand, East, (1st floor), Hong Kong, at 2 o'clock in the afternoon, on Tues- day, the 15th day of October, 1935, for the purpose of having an account laid before them for the year ending 14th August, 1935, and of hearing any explanations that may be given by the Liquidator.

Dated the 1st day of October, 1935.

MA TSUI CHIU,

Liquidator.

In the Matter of The Companies Ordi-

nance, 1932,

and

In the Matter of the Wuchow Receiv-

ing Agency, Limited.

(IN LIQUIDATION).

OTICE is hereby given in pursuance of Section 233 of the Companies Ordinance, 1932, that a General Meeting of the Members of the abovenamed Company will be held at No. 40 Bonham Strand, East. (1st floor), Hong Kong, at 12 o'clock noon, on Tuesday, the 15th day of October, 1935, for the purpose of having

an account laid before them for the year ending 14th August, 1935, and of hearing any explana- tions that may be given by the Liquidator.

Dated the 1st day of October, 1935.

MA TSUI CHIU,

Liquidator.

白告股退承

承退九與受份今名又關六者

一概承股股杜股日百啓

承退一退自交退下耀杜十本

天關年人該歸人股堂司號荷

China, and of Ho Tung Building, Victoria, Hong Kong, has, by an application dated the 21st day of August, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

in the name of the said Mak Ming trading as Mak Ming Kee Tooth Brush Factory, who claims to be the proprietor thereof.

The said Trade Mark has been used by the

applicant in respect of Tooth Brushes in Class

50.

Registration of the said trade mark shall give no right to the exclusive use of the Chinese characters 麥明記 appearing on the mark and of the Chinese characters

66

66

99

麥明 save in the manner as shown in

the centre of the mark,

Dated the 6th day of September, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicant,

St. George's Building,

Hong Kong.

(FILE NO. 289 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Jik Tak Hong

of No. 349, Hennessy Road, Victoria,

in the Colony of Hong Kong, have on the 13th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

股股五股後出股退德任一港 in the name of Jik Tak Hong, who claim to be

號杜

the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Lubri-

十無號與自人占理天李 cating Oil in Class 47. 月涉生天愿合有占壽活

·四謹意壽將共壹有長道 號此盈號應實股股生門 佈公占占即份店牌 聞一盤各三關貳原二

Dated the 2nd day of Augnst, 1935.

JIK TAK HONG, 349, Hennessy Road,

Hong Kong, Applicants.

Company, of No. 5 Hing Loong Street, Victoria, in the Colony of Hong Kong, have on the 12th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

梅皮陳

開胃生津

**

MARK

* *

TRADE

梅皮陳製精司公亞興發

HONGKONG.

HING AH & Co.

CHAN PEE MOY

HING AH & Co.

PRESERVERS OF ALL KINDS OF FRUITS

HONGKONG, CANTON, & SHANGHAI, CHINA.

MADE IN CHINA,

化痰止渴

司公亞典

in the name of Hing Ah and Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of substances used as food or as ingredients in food in Class 42.

The Trade Mark is associated with Trade Marks Nos. 338 of 1924, 10 to 12 of 1927, 73 of 1932, 175 and 176 of 1935.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 6th day of September, 1935.

DENNYS & CO.,

Solicitors for the Applicants, No. 8A, Des Voeux Road Central, Hong Kong.

(FILE NO. 275 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Oxidite Battery Corporation, 137, Seymour Road, Shanghai, have on the 10th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

OXIDITE

in the name of the Oxidite Battery Corpora-

tion, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the Applicants in Class 8 in respect to Batteries.

Dated the 2nd day of August, 1935.

HONG KONG MOTOR ACCESSORY COMPANY, LIMITED,

AGENTS FOR THE OXIDITE BATTERY

CORPORATION,

Shanghai, China.

TOZD

(FILE No. 388 of 1935)

TRADE MARKS ORDINANGE, 1909.

Application for Registration of

a Trade Mark.

(FILE NO. 272 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Tai Tung NOTICE is hereby given that C. M. Chau of No. 19 Sharp Street, and No.

Dispensary, of No. 54 Bonham Strand West, Victoria, in the Colony of Hong Kong, have on the 9th day of September, 1935, appli- ed for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :--

15, Yu Wah Street, Victoria, in the Colony of Hong Kong, has on the 30th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Tai Tung Dispensary, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Chemical sub- stances prepared for use in medicine and Phar- macy in Class 3.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks "and also at the office of the undersigned.

Dated the 4th day of October, 1935.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

TRADE

MARK

CROWN

in the name of C. M. Chau, who claims to be the proprietor thereof.

The Trade Mark has been used by the applicant since the beginning of this year in Class 8 in respect of Electrical flashlights and batteries.

A fascimile of such Trade Mark can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of October, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicant, York Building, Second floor, Hong Kong.

(FILE No. 401 OF 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Li Ting Cheung, () trading as Po

On Tong and as Ma-Li-U (

Z

of No. 22, West Street,

  Victoria, Hong Kong, has, by an application dated the 17th day of September, 1935, applied for the Registration in Hong Kong, in the

Register of Trade Marks, of the following Trade Mark :-

(FILE No. 343 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Batten and Company, (A▲ī))

of China Building, Victoria, Hong Kong, Importers and Exporters and General Merchants, have, by an application dated the 21st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

CHILD &

ABBIT

in the name of the said Li Ting Cheung trading

as Po On Tong and as Ma-Li-U, who claims to

be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Medicated Tea, Medi- cines and Medicated Articles in Class 3.

Dated the 4th day of October, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

in the name of the said Batten and Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in respect of Milk in Class 42.

The Trade Mark is associated with Trade Mark No. 374 of 1932.

Dated the 6th day of September, 1935.

BATTEN AND COMPANY,

Applicants.

(FILE No. 400 of 1935) TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Chon

Fon Me-Chai Company of Shanghai,

China,(中國上海中方味齋廠)

having its branch office situate at No. 187 Wing Lok Street, West, Victoria, in the Colony of Hong Kong, General Merchants on the 17th day of September, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :---

N

1824

(FILE Nos. 294 AND 295 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

OTICE is hereby given that K. S. Pavri and Sons, of No. 32, Wyndham Street, Victoria, in the Colony of Hong Kong, have by five applica- tions dated the 17th, 17th, 17th, 17th and 19th days of July, 1935, respective- ly, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

(3)

£565%

ME-CHAI

**EX

WHEELTE

品出廠齋味方中海L國中

PRODUCED BY RYK WANG

MANUFACTURED BY

CHỌN FON ME-CHAI CO.

SHANGRA DO CHINA

in the name of The Chon Fon Me-Chai Com-

pany, (中國上海中方味齋廠)

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants forthwith in Class 42 in respect of Gourmet Powder.

        Facsimiles of the above Trade Mark can be seen at the Office of the Registrar of Trade Marks and also at the undersigned.

      It is hereby stated that the registration of this mark gives no right to the exclusive use of the words "Me-Chai" and the Chinese Charac-

66

ters

་་

appearing thereon.

Dated the 4th day of October, 1935.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

(FILE No. 308 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N

OTICE is hereby given that Chi Yuen Tong, of No. 6, Yuen Yuen Street, Happy Valley, Hong Kong, have on the 27th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

UMBRELLA

BRAND

in the name of Chi Yuen Tong, who claim to

be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Patent Medicines and Medicated Articles in Class 3.

Dated the 2nd day of August, 1935.

CHI YUEN TONG, Applicants.

PAVRIS

POWDER

Electro

JAVRI'S

OWDER

Silvo

PAVRIS

POWDER

Alumno

(4)

(5)

你行利苍

in the name of K. S. Pavri and Sons, who claim to be the proprietors thereof.

Trade Marks Nos. 1, 2, 3 and 4 have not hitherto been used by K. S. Pavri and Sons but it is their intention so to use them forthwith in respect of Fire Crackers in Class 20.

Trade Mark No. 5 has been used by K. S. Pavri and Sons in respect of Fire Crackers in Class 20 since 1934.

Registration of Trade Marks Nos. 1, 2, and 3 shall give no right to the exclusive use of the word "Pavri's" appearing thereon.

Registration of Trade Mark No. 4 shall give no right to the exclusive use of the Chinese characters) appearing thereon and of the representation of a female figure except as shown on the mark.

Registration of Trade Mark No. 5 shall give no right to the exclusive use of the Chinese characters (1) appearing thereon and of the representation of a female figure except as shown on the mark.

Dated the 2nd day of August, 1935.

K. S. PAVRI AND SONS, No. 32, Wyndham Street,

Hong Kong, Applicants.

1825

A

(FILE No. 298 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Pharmaceuticals (Far East) Limited, (*) of No. 306, Gloucester Building, of

Victoria, in the Colony of Hong Kong, have, on the 19th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks namely:-

(1)

(2)

POLISEX

**

商 POLISEX標

POLISEX

有 料

1

in the name of the said Pharmaceuticals (Far East) Limited,

A) who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the Applicants in Class 3 in respect of Chemical Substances prepared for use in medicine and pharmacy.

The Trade Marks "POLISEX" (word) mark and the "POLISEX" (word and device) mark are associated with each other and that the Registra- tion of the "POLISEX" (word) Mark shall give no right to the exclusive use of the letters "P" and "X" and that the applicants undertake not to use the cross appearing on the "POLISEX" (word and device) mark in red on a white ground or white on a red ground.

Facsimiles of such above Trade Marks can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 2nd day of August, 1935.

P. H. SIN & CO., Solicitors for the Applicants,

Asia Life Building,

Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1828

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 311.-The following Bill is published for general information :-

(C.S.O. 499/20).

A BILL

[No. 8-26.9.35.-5.]

Short title.

Amendment of Corps Units in Ordinance No. 10 of 1933, First Schedule

r. 3 (1).

Amendment

of Ordinance

No. 10 of 1933, s. 5.

New section

16A inserted

INTITULED

An Ordinance to amend the Volunteer Ordinance, 1933.

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

1. This Ordinance may be cited as

               as the Volunteer Amendment Ordinance, 1935.

2. The list of Corps Units in regulation 3 (1) in the First Schedule to the Volunteer Ordinance, 1933, is amended-

by the substitution of "(m) Air Arm." for "(m) Flying Section."

3. Section 5 of the Volunteer Ordinance, 1933, is amended-

(i) by the insertion of the words "of the Air Arm or". after the word "member" in the second line of sub-section (3).

(ii) by the addition of the following sub-section :-

(4) Notwithstanding anything hereinbefore contained every member of the Air Arm shall be deemed to have engaged himself to serve in that unit for a period of four years from the date of his admission to that unit, and should he continue therein then for a further period or periods of four years at a time, and if he without the permission of the Commandant ceases so to serve he shall, if called upon so to do, pay to the Commandant such sum, not exceeding five hundred dollars, as shall represent, in the opinion of the Commandant, the cost to the Government of his training during the then current period of four years.

     4. The Volunteer Ordinance, 1933, is amended by the in Ordinance insertion of the following new section after section 16:-

No. 10 of

1933.

Additional

penalty for failure of

member of

16A. Every member of the Air Arm who in the opinion of the Commandant fails without reasonable excuse to complete the requirements of efficiency in any year shall also fulfil obliga- pay to the Commandant such sum, not exceeding five hundred dollars, as shall represent, in the opinion of the Commandant, the cost to the Government of his training during that year.

Air Arm to

tions as to efficiency.

1829

5. The Volunteer Ordinance, 1933, is amended by the New section insertion of the following new section after section 26-

26A inserted in Ordinance No. 10 of

1933.

treatment

26A. If any officer of the corps or volunteer receives Conditions any wound or other injury whilst on duty, or suffers from of medical illness or disability directly incurred in the execution of duty, where he shall be entitled to treatment in a Government Hospital injury or on terms similar to those granted to Government officers.

6. The Volunteer Ordinance, 1933, is also amended-

wounds,

illness

are incurred on duty.

Amendment of Ordinance

(i) in section 3 (1) by the substitution of the word No. 10 of "volunteer" for the words "member thereof";

(ii) in section 11 (5) by the insertion of the words "of the corps" after the word "officer";

(iii) in the proviso to section 15 (1) (iv) by the substitution of the words "assembly of the corps" for the words "assembly of his corps'; and

(iv) in section 16 (5) by the substitution of the word "volunteer" for the words "member of the corps", "member of the volunteer corps" and "member" respectively.

1933, ss. 3, 11, 15 and 16.

7. Regulation 9 in the First Schedule to the Volunteer Amendment Ordinance, 1933, is amended-

of Ordinance No. 10 of 1933, First

(i) by the substitution of the words "ten shillings" for Schedule,

                                  Regulation the words "twenty shillings" in sub-section (1); and

(ii) by the substitution of "five shillings" for "ten shillings" in sub-section (2).

y.

8. The First Appendix to the First Schedule to the Amendment Volunteer Ordinance, 1933, is amended-

of Ordinance No. 10 of 1933, First

(i) by the substitution of "4, 5, 6, 6A, 7 and 8" for Schedule "4, 5 and 6" in the first line of paragraph 3.

(ii) by the substitution of "paragraphs 3 and 4" for "paragraph 3" in the third line of paragraph 5.

(iii) by the insertion of the following new paragraph after paragraph 6:-

6A. (1) Every officer and volunteer of the Air Arm shall undergo the following training annually:-

(a) Annual inspection.

(b) A minimum of six hours flying per quarter.

(c) A course of lectures.

(2) The Camp for this unit will be optional.

First Appendix.

9. The Second Appendix to the First Schedule to the Amendment Volunteer Ordinance, 1933, is amended by the addition at of Ordinance the end thereof of the following paragraph:-

No. 10 of 1933, First Schedule

Officers of the Air Arm are issued with the following Second articles on loan:-

Appendix.

1 Suit overalls

1 Flying helmet

1 Pair goggles

1 Pair earphones

1 Flying training manual

Amendment

1830

   10. The Third Appendix to the First Schedule to the of Ordinance Volunteer Ordinance, 1933, is amended by the addition of

the following paragraph at the end thereof :-

No. 10 of

1933, First Schedule Third Appendix.

Amendment

(8) Members of the Air Arm are issued with the follow- ing articles on loan:-

1 Suit overalls

1 Flying helmet

1 Pair goggles

1 Pair earphones

1 Flying training manual.

   11. The Fourth Appendix to the First Schedule to the of Ordinance Volunteer Ordinance, 1933, is amended by the addition of

the following paragraph at the end thereof:-

No. 10 of

1933, First Schedule Fourth

Appendix.

9 Return of flying hours. 1st of each month.

Objects and Reasons.

The principal object of this Ordinance is to substitute. an Air Arm for the Flying Section of the Hong Kong Volunteer Defence Corps and to enact provisions in the Volunteer Ordinance, 1933, and the regulations thereunder appropriate to this unit. The cost of training members of this unit will be considerable. It is considered therefore that they should engage to serve for periods of four years at a time, and not merely for three years as is the case in the other Corps units.

If they cease, without permission, to serve in the unit during any such period they will be required to refund the cost to the Government of their training in that period up to a maximum of $500. Similarly they will be required to make a refund in respect of any year in which they do not complete the requirements of efficiency, which will be at least six flying hours per quarter.

The new section 26A, providing for medical attendance in a Government Hospital for wounds, injuries or illness incurred whilst on duty on terms similar to those granted to Government Officers, is applicable to all members of the Corps and not merely to members of the Air Arm.

Clause 6 makes certain verbal changes in the principal Ordinance as the result of suggestions contained in the War Office letter of the 29th September 1933 enclosed with the Secretary of State's despatch of the 9th November 1933.

Section 7 makes a reduction in the allowances which will be made to officers, warrant officers and non-commissioned officers attending courses of instruction in the United Kingdom.

C. G. ALABASTER,

Attorney General.

September, 1935.

1831

NOTICES.

f

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 312.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

Authority.

Notification No. 729 of 23rd September, 1935.

R. A. D. FORREST,

Colonial Secretary.

11th October, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 313.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

11th October, 1935.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

R. A. D. Forrest,

Colonial Secretary.

1832

PUBLIC WORKS DEPARTMENT.

No. S. 314.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the maintenance, repair, etc., of Government Buildings", will be received at the Colonial Secretary's Office until Noon of Monday, the 28th day of October, 1935, for such works as may be ordered in the maintenance, repair, alterations and additions to Government Buildings in the Colony of Hong Kong, Kowloon and New Territories during the year 1936.

As securities for the proper performance of the works under these contracts the successful tenderers will be required to deposit, in cash, with the Colonial Treasury the sums of:-

$2,000 for Central District.

$1,000 for Outside District.

$1,000 for New Territories District.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th October, 1935.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 315.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for providing and fixing boundary stones to lots", will be received at the Colonial Secretary's Office until Noon of Monday, the 28th day of October, 1935, for providing and fixing boundary stones to lots in the Colony of Hong Kong, Kowloon, New Kowloon and the New Territories during the year 1936.

   As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit, in cash, a sum of $250 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th October, 1935.

R. M. HENDERSON,

Director of Public Works.

1833

PUBLIC WORKS DEPARTMENT.

 No. S. 316.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Chinese Cemeteries ", will be received at the Colonial Secretary's Office until Noon of Monday, the 28th day of October, 1935, for the supply of labour and material for Chinese Cemeteries in Hong Kong, Kowloon and New Kowloon during the year 1936.

As security for the proper performance of the works under this contract, the suc- cessful tenderer will be required to deposit, in cash, a sum of $500 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th October, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

 No. S. 317.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Asphaltum ", will be received at the Colonial Secretary's Office until Noon of Monday, the 4th day of November, 1935, for the supply and delivery of the following Stores required by this Department for period commencing 1st January, 1936, to 30th June, 1936.

1. Asphaltum, Penetrations 31/40 (to Specification). 2. Asphaltum, Penetrations 61/70 (to Specification).

3. Asphaltum, Penetrations 81/90 (to Specification).

 Every tenderer must deposit with the Colonial Treasurer the sum of $500 (Dollars five hundred) and the Deposit Receipt must be attached to the tender when this is forwarded to the Colonial Secretary.

 In the case of a successful tender the deposit will not be released but will be exchanged at the Colonial Treasury for a Deposit Receipt, bearing interest, as security for the due performance of the Contract; in the event of acceptance of part only of the tender, the deposit may be reduced by an amount to be determined by the Government; in no case shall any deposit be less than $50 (Dollars fifty). The said deposit shall be forfeited to the Government should the Tenderer refuse or fail to carry out to the satis- faction of the Government the whole or any portion of the tender which shall be accepted. The deposit, with interest thereon, shall be released on the satisfactory termination of the Contract.

 The deposit made by an unsuccessful Tenderer will be returned after notice of non- acceptance shall have been posted to him.

 For Specifications and Forms of Tender apply at the office of Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

 The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the Specification.

R. M. HENDERSON,

Director of Public Works.

11th October, 1935.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the matter of the Estate of Arthur Bayley Worthington Bramwell, late

of St. Francis Hotel, Hong Kong, N

Retired Ship's Officer, deceased.

NOTICE is hereby given that the Court has,

by virtue of Section 58 of The Probates Ordinance 1897, made an order limiting the time to the 25th October, 1935, for sending in to the undersigned claims against the above

estate.

Dated this 8th day of October, 1935.

N

E. P. H. LANG, Official Administrator.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Chin Chong late of Santa Cruz in the State of Cali- fornia in the. United States of America, Gentleman, deceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section

In the Matter of the Companies Ordin-

ance, 1932,

and

In the matter of The Yuk Sang Land Investment Company, Limited.

(In Liquidation).

OTICE is hereby given in pursuance of

Section 225 of the Companies Ordin- ance, 1932, that a final General Meeting of the members of the abovenamed Company will be held at No. 120, Kennedy Road, Victoria, in the Colony of Hong Kong, on Thursday, the 7th day of November, 1935, at 12 o'clock in the forenoon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts and documents of the Company, and of the Liquidator thereof, shall be disposed of.

Dated the 5th day of October, 1935.

李煜堂

Liquidator.

(FILE No. 370 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

58 of the Probates Ordinance No. 2 of 1897, NOTICE is hereby given that The Grand

made an Order that the time for Creditors and others to send in their claims against the above estate shall be limited to 5th day of November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date..

Dated the 8th day of October, 1935.

HASTINGS & CO.,

Solicitors for the Administrators,

Gloucester Building, 2nd floor,

Hong Kong.

NOTICE OF TRANSFER

Dispensary Limited, of China Building, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 30th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

快活汁

THE TAI CHING COMPANY, LIMITED.

MEMBERS' VOLUNTARY WINDING-UP.

NoTech 1225 of the Companies Ordinance

OTICE is hereby given in pursuance of

1932, that a General Meeting of the members of the above Company will be held at Messrs. Sang Kee's office at No. 4A, Des Voeux Road Central on the 20th November, 1935, at 12 noon, for the purpose of having an account laid before them, showing the manner in which the winding up has been conducted, and the pro- perty of the Company disposed of and of hearing any explanation that may be given by the Liquidators, and also of determining by an Extraordinary Resolution the manner in which the books, accounts and documents of the Company, and of the Liquidators thereof, shall be disposed of.

Dated the 8th day of October, 1935.

PANG SHAU CHUN,

CHENG PANG FEI, Liquidators.

(FILE No. 320 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Naamlooze Vennootschap Philips Gloeilampenfa- bricken of Emmasingel 29, Eindhoven, Hol- land, have on the 1st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

"

PHILIPS "

in the name of Naamlooze Vennootschap Philips Gloeilampenfabricken, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1923 in Class 13 in respect of electric lamps (ordinary) electric lamp fittings and lamp reflectors, all being goods of ordinary metal but not including electric lamp fittings for use on vehicles and reflectors for vehicle lamps.

The mark has been declared to be distinctive by Order of His Excellency the Officer Ad- ministrating the Government pursuant to Sec- tion 9(5) of the Trade Marks Ordinance 1907.

Facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of September, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

I

N pursuance of Section 3 of the Fraudulent Transfers of Business Ordinance, No. 25 of 1923, Notice is hereby given that Yu

Kee June() of No. 199, Hen-

  nessy Road, Victoria, in the Colony of Hong Kong, hitherto carrying on business under the style and firm name of D'Asis and Company at Gloucester Arcade Victoria aforesaid and at No. 13, Wyndham Street, first floor, Victoria aforesaid, photographers and retailers of photo- graphic goods has entered into an agreement for the sale of the business of the said D'Asis and Company together with its good-will, stock-in-trade, furniture trade fixtures and

fittings to Fu Chan (10) of Shumchun in the province of Kwong-tung in the Republic of China. The said Fu Chan intends to con- tinue the said business at Gloucester Arcade Victoria aforesaid and shall not assume any of the liabilities incurred by the said Yu Kee June the Transferor in connection with the said business.

Dated the 11th day of October, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the said Yu Kee June and Fu Chan.

( 2 )

HAPPY KID BABY WATER

in the name of The Grand Dispensary Limited, who claim to be the sole proprietors thereof.

The Trade Marks has been used by The Grand Dispensary Limited in respect of Patent Medicine for infants and children in Class 3 since August, 1934.

Registration of the Happy Kid Baby Water shall give no right to the exclusive

Trade Mark words "Baby Water" appearing

use of the thereon.

Registration of the Trade

快活汁 Mark shall give no right to the exclusive use of the Chinese character

appearing thereon.

Dated the 13th day of September, 1935.

THE GRAND DISPENSARY LIMITED,

Hong Kong, Applicants.

Trade and Shipping Returns for the month of

August, 1935.

Branch of the Imports and Ex-

(OMPILED by the Statistical

ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

CHEONG ON METAL WORKS

TRADE MARK

(FILE No. 404 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Shing Hing Company,(z)

     of No. 80, Prince Edward Road, Kowloon, in the Colony of Illong Kong, have, by an applica- tion dated the 23rd day of September, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

SAFETY MATCHES

(FILE No. 351 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N & Co., of 49, Nathan Road, Kowloon, NOTICE is hereby given that. Luen Fung Hong Kong, and of 13, Sun Hing Street, Canton, China, on the 26th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

---

(FILE No. 271 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Street East, Victoria, in the Colony of Hong NOTICE is hereby given that Cheong On

Metal Works of Nos. 19 to 31 Sharp

Kong, have on the 5th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

上等火柴

SHING HING CO.

in the name of the said Shing Hing Company,

who claim to be the proprietors thereof.

       The said Trade Mark has been used by the applicants in respect of Matches in Class 47.

Registration of the said Trade Mark shall

give no right to the exclusive use of the words

Shing Hing Co. " appearing thereon.

46

Dated the 11th day of October, 1935.

GEO, K. HALL BRUTTON & CO. Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 392 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Hang Fong Cheung Kee Firm, (恒芳祥記)

of No. 6, Siu Cheung Fong, 2nd floor, Victoria, in the Colony of Hong Kong, Tea Merchants, have on the 11th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

HANG FONGCHEUNG KEECHINESE TEA

芳鼍恒

標商虎金

in the name of Hang Fong Cheung Kee Firm,

who claim to be the proprietors thereof.

      The above mark has been used by the Ap- plicants in respect of tea in Class 42 since 1920.

       A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Registration of this Trade Mark shall give no right to the exclusive use of the firm name appearing thereon.

Dated the 11th day of October, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

MADE IN CHINA

in the name of Luen Fung & Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Fire-works and Fire- crackers in Class 20.

The registration of this Mark shall give no right to the exclusive use of the firm name in English and Chinese and of the numerals 80/16" and "13" appearing thercon in com- bination or separately.

Dated the 13th day of September, 1935.

LUEN FUNG & CO., Applicants.

(FILE NO. 341 or 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Hok Lap Hin

(F), of No. 124, Wing

Lok Street, Hong Kong, have on the 19th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

HOK

LAP

標商

牌立鶴

TRADE

HIN

MARK

in the name of Hok Lap Hin (鶴立軒),

who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Joss Sticks in Class 50.

A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of September, 1935.

HOK LAP HIN, Applicants.

TRAIN BRAND

HONGKONG

MADE IN

CHEONG ON METAL WORKS

CANTON & HONGKONG

"TRAIN BRAND" FLASHLIGHTS & BATTERIES

Our "Train Brand" Flach. lights & Battories have gained world wide Reputation. A!! Pro- latest improvemente. duce 1st class quality goods st moderate prices to soit every requirement, choice and purse. Obtainable in all standard sizes of latest de-

sigus.

SATISFACTION SURE & CERTAIN SERVICE

GUARANTEED.

CANTON FACTORY

15. Sin Lun Hong. Wat Fook Rood, C CANTON

HONGKONG FACTORY 17.31, Sharp Street, E. P. O. Box No. 823 HONGKONG,

T. A. "CHEON"

MADE IN HONGKONG

in the name of Cheong On Metal Works, who claim to be the proprietors thereof.

The Trade Mark has been used by the Appli- cants since the year 1925 in Class 8 in respect of Electrical Flash Lights and Batteries.

The Applicants disclaim the right to the exclusive use of the letters "T.A." and the words "Cheon" and "Cheong On ".

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second Floor,

Hong Kong.

THE NEW

VEHICLES AND TRAFFIC

REGULATION

is for Sale at NORONHA & CO., Government Printers

Price: $1 per Copy.

(FILE NO. 356 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

ར་--

NOTICE is hereby given that Wm. Wrigley Jr. Company, a Corporation organized and existing under the laws of the State of Delaware, with a principal place of business at 400 N. Michigan Avenue, City of Chicago, County of Cook, State of Illinois, United States of America, have on the 28th, day of August, 1935, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Marks:--

(2)

(FILE No. 361 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Nam Long Firm, (E) of Songo-

joedan, Sourabaya, Dutch East Indies, have, by an application dated the 29th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MOA MEN QOVDIHO

Kuedwo

un Kəlbim um

WRIGLEY'S

P.K.

CHEWING GUM

PEPPERMINT FLAVOR

REG.U.S.PAT.OFF.

P.K.

PACKED TIGHT

KEPT RIGHT

吸喱製造 美國老廠 留蘭香味 口氣芬芳

WRIGLEY'S FR

SPEARMINT

FLAVOUR

TRADE

LASTS

TRADE MARK

CHEWING SWEET

MADE IN U.S.A.

THE FLAVOUR LASTS

NEW YORK Wm. Wrigley Jr. Company, CHICAGO

潔白牙齒 止渴生 食開胃 培養功效

4 PIECES

WRIGLEY'S P.K.

CHEWING GUM

PEPPERMINT FLAVOR

MADE IN U.S.AN 1921

NEW YORK Wm. Wrigley Jr. Company, CHICAGO

(3)

BUFFALO

MARK

in the name of the said Nam Long Firm, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Common soap in Class 47.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Hong Kong.

WRIGLEY'S

JUICY FRUIT

7CHEWING SWEET

FIVE STICKS

Wrigley g

CHICAGO -------- NEW YORK

(FILE No. 387 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that. The Man Tsun Firm (*) of No.

8 Western Street, (first floor), Victoria, Hong Kong, have, by an application dated the 6th day of September, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

----

E MASAK

in the name of Wm. Wrigley Jr. Company, who claim to be the proprietors thereof.

      Trade Mark No. 1 has been used by the Applicants, in the colors Yellow Red and Green since 25th August, 1921, Trade Mark No. 2 has been used by the Applicants in the colors Green and Red since 22nd September, 1917 and Trade Mark No. 3 has been used by the Applicants in the colors Purple, Gold and Green since 22nd September, 1917, (and registration is limited to such colors respectively) all in respect of the following goods :-

Chewing Gum, in Class 42.

       Trade Marks Nos. 1 and 2 are associated with each other and with Trade Marks Nos. 1 of 1916, 121 of 1927, and 214 of 1927, and Trade Mark No. 3 is associated with Trade Marks Nos. 14 of 1918 and 368 of 1921. The Registration of Trade Mark No. 1 shall give no right to the exclusive use of the word "Wrigley's" and the letters "P. K. " appearing thereon either in combination or separately. The Registration of Trade Marks Nos. 2 and 3 shail give no right to the exclusive use of the word "Wrigley's" appearing theron respectively.

Dated the 12th day of September, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

COW BRAND

in the name of the said Man Tsun Firm, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the applicants forthwith in respect of Chinese tea in Class 42.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

(FILE NO. 259 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

NOTICE is hereby given that United States

        Drug Store, of No. 5, Wing Lok Street, Ground floor, Victoria, in the Colony of Hong Kong, have on the 22nd day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRADE

TRADE

30 TABLETTEN

SATOBENARK

SOLE AGENTS:- U. S. D. S.

H. K.

片藥毒血 綠茶

理理行扱期

TABLETTEN.

MARK

SATOBEN

in the name of United States Drug Store, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

      The above Trade Mark is associated with Trade Marks No. 204 of 1934 and No. 252 of 1935.

The applicants disclaim the right to the ex- clusive use of the letters (U.S.D.S. H.K) in combination or separately and the Chinese

Characters) appearing thereon.

      A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO. Solicitors for the Applicants, York Building, Second floor, Hong Kong.

(FILE No. 252 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a

Trade Mark.

OTICE is hereby given that United States Drug Store, of No. 5, Wing Lok Street,

ground floor, Victoria, in the Colony of Hong Kong, have on the 18th day of June, 1935,

applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Mark: --

經聯

《理邦

(FILE No. 240 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that United States

Drug Store of No. 5, Wing Lok Street, ground floor, Victoria, in the Colony of Hong Kong, have on the 6th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

STRENGTHENING THE KIDNEY

THE KIDNEY

• STRENGTHENINE

SELOVER

in the name of United States Drug Store, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

A fac-imile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building. Second floor,

Hong Kong.

(FILE Nos. 22 AND 302 Of 1935) TRADE MARKS ORDINANCE 1909.

Application for Registration of Two Trade Marks.

TOTICE is hereby given that Standard- Vacuum Oil Company of 100 West 10th Street, Wilmington, Delaware, in the United States of America, and No. 26 Broad- way, New York City, New York, United States of America, and Union Building, Victoria,

(FILE No. 303 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N

OTICE is hereby given that The Texas Company, a corporation organized and existing under the laws of the State of Dela- ware, United States of America, having an office at 135 East 42nd Street, City and State of New York, United States of America, have on the 27th day of December, 1934, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

MARFAK

in the name of The Texas Company, who claim to be the sole proprietors thereof.

The above Mark has been used by the Appli- cants in respect of Heating, lighting and lubri- cating oils and greases in Class 47 since about April 20th, 1911.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

(FILE No. 326 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that the Hung

lfong Kong, have on the 17th day of January, Koon Chow Tai Yeuk Hong (

1935, and 19th day of July, 1935, respectively, applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Marks, viz :-

(1)

牌風順

M

of No. 221 Queen's Road

Central, Victoria, in the Colony of Hong Kong,

have on the 27th day of July, 1935, applied for

the registration in Hong Kong, in the Register

of Trade Marks, of the following Trade Mark namely:-

行藥大洲冠染

in the name of United States Drug Store, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1934 in Class 3 in respect of Medicines and Medicated Articles.

The Trade Mark is associated with Trade Mark No. 259 of 1935.

The applicants disclaim the right to the ex- clusive use of the Chinese characters

appearing thereon.

     A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second floor, Hồng Kong.

(2)

ESSOLEUM

in the name of Standard-Vacuum Oil Company, who claim to be the proprietors thereof.

Mark (2) is associated with Trade Marks Nos. 89, 90, 91 and 92 of 1935 and with the Esso-Mar mark of pending application No. 239 of 1935.

"

Mark (1) has hitherto been used by the applicants in respect of Illuminating Oils in Class 47.

M

Mark (2) has not hitherto been used by the applicants but it is their intention to use it in respect of Refined, semi-refined and un- refined oils, greases and other products made from petroleum, both with and without the admixture of animal, vegetable or mineral substances for illuminating, burning, power, fuel. lubricating, solvent and other purposes in Class 47.

""

Dated the 9th day of August, 1935.

STANDARD-VACUUM OIL COMPANY,

F. D. TRACY,

Asst. General Manager.

in the name of the said Hung Koon Chow Tai

Yeuk Hong, (洪冠洲大藥行)

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 3 in respect of Chemical substances prepared for use in medicine.

The applicants disclaim the right to the ex- clusive use of the Chinese characters

冠洲 "appearing thereon.

66

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks aud of the undersigned.

Dated the 9th day of August, 1935.

P. H. SIN & CO.,

Solicitors for the Applicants,

Asia Life Building,

Hong Kong.

1841

A

(FILE No. 284 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Wai Shiu Pak alias Vi-Khai trading as Yee Tin Tong Dispensary of No. 182 Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 29th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

YEE TIN TONG BUDDHA BALM

(1)

7、二天堂葯行創製

省佛標铁盒一天商

TEPEKONG BALSEM

TRADE

#

4305

15

MARK

TEPEKONG BALSEM MTASTYIS: İġiziouna! BUDDHA BALM

Thi aonderful Balm is a res

marty Fire Cole Cough, Menda Rheum

Tocina:he

T

algia Cour Lumban Scier ca amon Asthma Inseri buves Sung Cs, Buy Cramps and all orner body complaint

(2)

BUDDHA

JJAP

YEE

BALM

TEPERONG

TIN

TONG

in the name of Wai Shiu Pak alias Vi-Khai trading as Yee Tin Tong Dis- pensary, who claims to be the Proprietor thereof.

The Trade Marks 1 and 2 are intended to be used by the applicant in Class 3 in respect of Chemical Substances prepared for use in medicine and pharmacy.

The registration of the 2 marks is limited to the colours as shown on the marks.

The Trade Marks 1 and 2 are associated with each other and with Trade Marks Nos 147 of 1928, 250 of 1930, 214 to 220 of 1931 and with the "Wahiren & Budha " mark of pending application No. 220 of 1934.

The applicant disclaims the right of the exclusive use of the tin device. in Trade Mark No. 1.

Trade Mark No. 2 is registered as a series of Trade Marks and are associated with each other.

Facsimile of such Trade Marks can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of August, 1935.

RUSS & CO., Solicitors for the Applicant, No. 6, Des Voeux Road Central, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1844

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 318.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

Authority.

Notification No. 729 of 23rd September,

1935.

R. A. D. FORREST,

Colonial Secretary.

18th October, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 319.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the

Hawaiian Is- lands.

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the

ports from 1st April.

Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

18th October, 1935.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

R. A. D. Forrest,

Colonial Secretary.

1845

HARBOUR DEPARTMENT.

No. S. 320. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to Hulk 'Aldecoa'", will be received at the Colonial Secretary's Office until Noon of Friday, the 1st day of November, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the hulk to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

15th October, 1935.

G. F. HOLE,

Harbour Master, &c.

HARBOUR DEPARTMENT.

No. S. 321-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to S. L. Kwong Lee'", will be received at the Colonial Secretary's Office until Noon of Friday, the 1st day of November,

1935.

 A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

 The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

15th October, 1935,

G. F. HOLE,

Harbour Master.

1846

POLICE DEPARTMENT.

No. S. 322.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Rations for Indian Police", for the supply and delivery of the articles therein mentioned as required to Police Stations from the 1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 1st November, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following:-

Atta

Dhall

Ghee (Buffalo) Massala...

Salt

1 lb. 8 oz.

Ghee shall conform to the following specification :-

Reichert Meissl Value

Saponification Value

21/1

∞ 2 NI

HAM TO

::

""

""

above 28

above 225

Refractive Index @ 40° C....not above 42.5

For forms of tender and any other imformation apply to the Police Department, Police Headquarters.

    The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

1

1

18th October, 1935.

D. BURLINGHAM, Inspector General of Police.

PRISON DEPARTMENT.

    No. S. 323.-It is hereby notified, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Rations to Indian Prison Staff" for the supply and delivery of the articles therein mentioned as required to the Prison Department, Hong Kong, and the Laichikok Branch Prison, from the 1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 1st November, 1935.

    No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following:-

Atta

Dhall

Ghee

Massala

Salt

...

...

...

1 tb. 8 oz.

по со

2 ""

21

HQ 2/3 2

""

:

""

1846

POLICE DEPARTMENT.

No. S. 322.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Rations for Indian Police", for the supply and delivery of the articles therein mentioned as required to Police Stations from the 1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 1st November, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following:-

Atta

Dhall

Ghee (Buffalo) Massala...

Salt

1 lb. 8 oz.

Ghee shall conform to the following specification :-

Reichert Meissl Value

Saponification Value

21/1

∞ 2 NI

HAM TO

::

""

""

above 28

above 225

Refractive Index @ 40° C....not above 42.5

For forms of tender and any other imformation apply to the Police Department, Police Headquarters.

    The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

1

1

18th October, 1935.

D. BURLINGHAM, Inspector General of Police.

PRISON DEPARTMENT.

    No. S. 323.-It is hereby notified, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Rations to Indian Prison Staff" for the supply and delivery of the articles therein mentioned as required to the Prison Department, Hong Kong, and the Laichikok Branch Prison, from the 1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 1st November, 1935.

    No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following:-

Atta

Dhall

Ghee

Massala

Salt

...

...

...

1 tb. 8 oz.

по со

2 ""

21

HQ 2/3 2

""

:

""

1847

Ghee shall conform to the following specification :-

Ghee shall be pure ghee composed of clarified butter, and of such quality that upon analysis the following standards are attained or excelled :-

Reichert Meissl Value

...above 28.

Saponification Value...

Refractive Index at 40° C...

...above 225.

...not above 42·5.

For forms of tender and any other information apply at the Prison Department Office, Victoria Gaol.

  The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

18th October, 1935.

J. W. FRANKS,

Superintendent.

PUBLIC WORKS DEPARTMENT.

  No. S. 324-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Boots and Shoes", will be received at the Colonial Secretary's Office until Noon of Friday, the 25th day of October, 1935, for the supply and delivery of the undermentioned items, to Government Departments by 1st April, 1936.

Boots and Shoes.

Boots, Light, ankle

approx. 1,330 pairs (more or less).

Boots, ankle, with patent clip

Boots, Wellington 16"

80

64

""

""

Shoes, lacing, European type, men

150

""

99

Shoes, lacing, European type, women

16

""

""

""

Tenders may be sent in for all or any part of the articles specified.

  Each tenderer must produce with each Tender a receipt that he has deposited in the Colonial Treasury the sum of $100 (One hundred dollars) as a pledge of the bona fides of his tender. In the event of acceptance of part only of a tender the deposit may be increased or reduced by an amount to be determined by Government. The said deposit shall be forfeited to the Crown should the Tenderer refuse or fail to carry out to the satisfaction of the Government the whole or any portion of the tender which shall be accepted. The deposit shall be released on the satisfactory termination of the con-

tract.

The deposit shall be returned to any Tenderer whose tender is not accepted.

  For specifications and forms of Tender, apply at the Office of the Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

  The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting for all or any part of each specification.

R. M. HENDERSON,

18th October, 1935.

Director of Public Works.

1847

Ghee shall conform to the following specification :-

Ghee shall be pure ghee composed of clarified butter, and of such quality that upon analysis the following standards are attained or excelled :-

Reichert Meissl Value

...above 28.

Saponification Value...

Refractive Index at 40° C...

...above 225.

...not above 42·5.

For forms of tender and any other information apply at the Prison Department Office, Victoria Gaol.

  The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

18th October, 1935.

J. W. FRANKS,

Superintendent.

PUBLIC WORKS DEPARTMENT.

  No. S. 324-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Boots and Shoes", will be received at the Colonial Secretary's Office until Noon of Friday, the 25th day of October, 1935, for the supply and delivery of the undermentioned items, to Government Departments by 1st April, 1936.

Boots and Shoes.

Boots, Light, ankle

approx. 1,330 pairs (more or less).

Boots, ankle, with patent clip

Boots, Wellington 16"

80

64

""

""

Shoes, lacing, European type, men

150

""

99

Shoes, lacing, European type, women

16

""

""

""

Tenders may be sent in for all or any part of the articles specified.

  Each tenderer must produce with each Tender a receipt that he has deposited in the Colonial Treasury the sum of $100 (One hundred dollars) as a pledge of the bona fides of his tender. In the event of acceptance of part only of a tender the deposit may be increased or reduced by an amount to be determined by Government. The said deposit shall be forfeited to the Crown should the Tenderer refuse or fail to carry out to the satisfaction of the Government the whole or any portion of the tender which shall be accepted. The deposit shall be released on the satisfactory termination of the con-

tract.

The deposit shall be returned to any Tenderer whose tender is not accepted.

  For specifications and forms of Tender, apply at the Office of the Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

  The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting for all or any part of each specification.

R. M. HENDERSON,

18th October, 1935.

Director of Public Works.

1848

DISTRICT OFFICE, TAI PO.

  No. S. 325.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 6th day of November, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a), (b) and (c) in the above Government Notification and to Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

No. D.D, Lot.

N.

E.

W.

feet. feet. feet. feet.

Contents in

Upset

Annual Crown

Price.

Acre.

Rent.

$

6

1230

Shek Ku Lung.

As per plan deposited in the District Office, North."

.12 acre.

14

.20

12

SPECIAL CONDITIONS.

1. The purchaser.shall within seven days from the date of sale pay to the Licensee of Forestry Lot No. 545 the sum of $2.20 as compensation for fir trees growing on the lot.

89

??

2. The water in the channel running through the lot shall be diverted to a channel as shown on sale plan by blue line. This channel shall be constructed to the satisfac-. tion of District Officer, North, before any development of the lot is undertaken.

15th October, 1935.

T. MEGARRY, District Officer, North.

?

District Office, Tai Po.

No. S. 326.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 7th day of November, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 3 as Building Lots and Serial Nos. 4 to 7 as Agricultural Lots subject to the General Conditions of Sale published in Government, Notification No. 364 of 1934. Serial Nos. 1 to 3 are further subject to Special Condition No. 2 (a).. Serial Nos. 4 to 7 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

   The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 àre $750, $750 and $250 respectively.

1848

DISTRICT OFFICE, TAI PO.

  No. S. 325.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo at 11.30 a.m., on Wednesday, the 6th day of November, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Agricultural Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a), (b) and (c) in the above Government Notification and to Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

No. D.D, Lot.

N.

E.

W.

feet. feet. feet. feet.

Contents in

Upset

Annual Crown

Price.

Acre.

Rent.

$

6

1230

Shek Ku Lung.

As per plan deposited in the District Office, North."

.12 acre.

14

.20

12

SPECIAL CONDITIONS.

1. The purchaser.shall within seven days from the date of sale pay to the Licensee of Forestry Lot No. 545 the sum of $2.20 as compensation for fir trees growing on the lot.

89

??

2. The water in the channel running through the lot shall be diverted to a channel as shown on sale plan by blue line. This channel shall be constructed to the satisfac-. tion of District Officer, North, before any development of the lot is undertaken.

15th October, 1935.

T. MEGARRY, District Officer, North.

?

District Office, Tai Po.

No. S. 326.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 7th day of November, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 3 as Building Lots and Serial Nos. 4 to 7 as Agricultural Lots subject to the General Conditions of Sale published in Government, Notification No. 364 of 1934. Serial Nos. 1 to 3 are further subject to Special Condition No. 2 (a).. Serial Nos. 4 to 7 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

   The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 àre $750, $750 and $250 respectively.

1849

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D.

Lot.

N.

S.

E.

W.

in Acres, or Square feet.

Annual

Upset Crown

Price.

Rent.

feet. feet. feet. feet.

$

$

1

115

1321

Shan Pui.

As per plan deposited in the District Office, North.

1,054 sq. ft.

300

LO

1322

1323

4

107

1795

Sha Po Wai.

5

1797

""

6

1798

7

1801

""

1,054

22

3.00

372

8

1.00

""

22 acre.

•18

""

22:23

24

.30

20

.20

•12

14

.20

"

99

$19

21

.20

15th October, 1935.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

  No. 8. 327. It is hereby notified that the following Sale of Crown Land by Public Action, will be held at the Offices of the Public Works Department on Monday, the 4th day of November, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent. Price.

S.

E.

W.

feet. feet. feet.

feet.

1

Rural Building

South Bay Road.

As per sale plan.

About

20,600

-་་་

236 3,090

Lot No. 374.

18th October, 1935.

R. M. HENDERSON,

Director of Public Works

1849

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D.

Lot.

N.

S.

E.

W.

in Acres, or Square feet.

Annual

Upset Crown

Price.

Rent.

feet. feet. feet. feet.

$

$

1

115

1321

Shan Pui.

As per plan deposited in the District Office, North.

1,054 sq. ft.

300

LO

1322

1323

4

107

1795

Sha Po Wai.

5

1797

""

6

1798

7

1801

""

1,054

22

3.00

372

8

1.00

""

22 acre.

•18

""

22:23

24

.30

20

.20

•12

14

.20

"

99

$19

21

.20

15th October, 1935.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

  No. 8. 327. It is hereby notified that the following Sale of Crown Land by Public Action, will be held at the Offices of the Public Works Department on Monday, the 4th day of November, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent. Price.

S.

E.

W.

feet. feet. feet.

feet.

1

Rural Building

South Bay Road.

As per sale plan.

About

20,600

-་་་

236 3,090

Lot No. 374.

18th October, 1935.

R. M. HENDERSON,

Director of Public Works

TO ALL WHOM IT MAY CONCERN.

NOTICE is hereby given that the ADMINISTRATOR IN HONG KONG OF THE CATHOLIC MISSION OF MACAO intends at an early date to apply to the Legislative Council of the Colony of Hong Kong for the Enactment of a Bill intituled "An Ordinance to provide for the incorporation of the Administrator in Hong Kong of the Catholic Mission of Macao".

A copy of the proposed Bill is printed hereunder.

Dated this 18th day of October, 1935.

DEACONS, Solicitors for the

ADMINISTRATOR IN HONG KONG OF THE CATHOLIC MISSION OF MACAO,

1, Des Voeux Road Central, Hong Kong.

[No. 30:-28.8.35.-2.]

A BILL

INTITULED

An Ordinance to provide for the incorporation of the Adminis- trator in Hong Kong of the Catholic Mission of Macao.

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

1. This Ordinance may be cited as the Catholic Mission Short title. of Macao Incorporation Ordinance, 1935.

tion.

2. The Very Reverend Don José da Costa Nunes, Bishop Incorpora- of Macao, and his successors in the said office of Bishop of Macao shall be a corporation sole (hereinafter called "the Corporation') and shall have the name of "The Administrator in Hong Kong of the Catholic Mission of Macao" and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a Common Seal.

3.-(1) Subject to the provisions of sub-section (2), the Powers of Corporation shall have power to acquire, accept leases of, Corporation. purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situated, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements or upon the mort- gages, debentures, stocks, funds, shares or securities of any government, municipality, corporation, company or person, and also to purchase acquire and possess vessels and other goods and chattels of what nature and kind soever.

(2) Notwithstanding the provisions of sub-section (1) the Corporation shall not acquire any immovable property in the Colony unless it shall have previously obtained the special consent of the Governor in Council in each case.

(3) The Corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, ex- change, partition, yield up, mortgage, demise, reassign, trans- fer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, share or securities, or vessels or other goods and chattels, which are for the time being vested in or belonging to the Corporation, upon such terms as to the Corporation may seem fit.

1855

to corpora-

4. The legal estate in any property whatsoever transferred Property to the Corporation in any manner whatsoever shall in the transferred event of the death of the Administrator in Hong Kong of the tion to Catholic Mission of Macao for the time being, or in the event pass to of his ceasing to hold office as such Administrator pass to his successor in such office when appointed.

successors.

Adminis-

5.-(a) Until the appointment of such successor as afore- Appointment said the Vicar Capitular of the Diocese of Macao appointed of temporary by the Chapter of the Diocese of Macao or by the Sub-Bishop trator. of Goa shall on his furnishing to the Governor satisfactory evidence of his appointment be entitled to exercise on behalf of the Corporation all the powers and authorities hereby con- ferred.

(b) A notification in the gazette under the hand of the Colonial Secretary that such evidence has been furnished to the Governor by such person shall be conclusive evidence of his authority to act.

6. All deeds and other instruments requiring the seal of Execution of the Corporation shall be sealed in the presence of the said documents. Administrator or his attorney and shall be signed by him or his attorney, and such signing shall be taken as sufficient evidence of the due sealing of such deeds and other instru- ments, and all deeds instruments and other documents and writings requiring the signature of the Corporation shall be signed by such Administrator or his attorney.

the rights

7. Nothing in this Ordinance shall affect or be deemed Saving of to affect the rights of His Majesty The King, His Heirs or of the Successors, or the rights of any body politic or corporate or of Crown any other person except such as are mentioned in this Ordin- certain ance and those claiming by from or under them.

and of

other persons.

Objects and Reasons.

1. The Diocese of Macao extends to and covers as its territory the Portuguese Colony of Macao, a part of the Pro- vince of Kwangtung in the Republic of China, two Parishes in the Colony of the Straits Settlements and the Portuguese Colony of Timor.

2. The administration of the diocese is vested in the Bishop of Macao who is also responsible for the safe custody and administration of the diocesan funds. Such funds are the property of the Catholic Mission of Macao and a portion there- of is invested in the Colony of Hong Kong in the name of the present Bishop of Macao.

3. In order to secure perpetual succession and the other advantages of incorporation it is proposed that the Bishop of Macao and his successors in office be incorporated as a Cor- poration sole with the name of "The Administrator in Hong Kong of the Catholic Mission of Macao".

4. The bill now proposed follows in its main lines incor- poration ordinances which have been passed from time to time and more particularly the Bishop of Victoria Incorporation Ordinance, 1925, and the Salesian Society Incorporation Ordinance, 1931.

August, 1935.

A

matter.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 6 of 1934.

Re The Kowloon Silk Store of No. 31 Nathan Road, Kowloon, in the Colony of Hong Kong, dealers in Silk goods, and Tarachand Jhamat- mal, of an unkown address, Wong Yung of No. 2 Shelley Street, 2nd floor, Victoria, in the Colony of Hong Kong, married woman and Nelly Wong of the same address, partners therein.

FIRST and final dividend of $9.20 per cent has been declared in the above-

NOTICE is g may be received at

OTICE is hereby given that the above-

the Official Receiver's Office, Victoria, aforesaid on the 21st day of October, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 18th day of October, 1935.

JAMES J. HAYDEN,

Official Receiver

HONG KONG CRICKET CLUB.

NOTICE.

NOTICE is hereby given that on Thursday, the 24th October, 1935, a drawing for the redemption of thirty (30) Debentures will be held in the Pavilion at 5.30 p.m.

      The numbers of the Debentures drawn will be published in the Hong Kong Government Gazette and the local Newspapers, and holders of drawn Debentures may, upon giving notice to the Treasurers waiving the six months' notice to which they are entitled, apply on the 31st October, 1935, to the Treasurers, Messrs. Percy Smith, Seth & Fleming, for payment of the Principal and interest to the 31st October, 1935.

By Order of the Committee,

A. K. MACKENZIE, Hon. Secretary.

Hong Kong, 14th October, 1934.

(FILE NO. 395 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tin Heung Company, of No. 80 Bonham Strand

    East, Victoria, in the Colony of Hong Kong, have on the 12th day of September, 1935,

registration in Hong Kong, in the

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION,

In the Goods of Frank Reginald Smith, late of Iona Greenway Crescent

Taunton in the County of Somerset in the United Kingdom, Gentleman, deceased.

NOTICE is hereby given that the Court has

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 14th day of November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 18th day of October, 1935.

DEACONS,

Solicitors for the Executor, No. 1, Des Voeux Road Central, Hong Kong.

NOTICE.

Foreign Attachment.

NOTICE is hereby given that by a Writ of Summons issued in an action intituled "In the Supreme Court of Hong Kong, Ori- ginal Jurisdiction, Action No. 255 of 1935, Between Li Shiu Pang alias Li Chok Hang, Plaintiff and Kum Ho, G. L. Fenton and Y. M. Lo, Defendants". dated the 9th day October, 1935, the Plaintiff Li Shiu Pang alias Li Chok Hang of The Min Cheong Bank, Hong Kong Stock Exchange Building, 1st floor, Victoria, in the Colony of Hong Kong, claims against the Defendants Kum Ho, G. L. Fenton and Y. M. Lo: (a) to have an account taken of the partnership dealings between the Plaintiff and the Defendants in respect of the Min Cheong Bank and to have the affairs of the partnership wound up (b) payment of the amount found due to the Plaintiff on the said account; (c) Dissolution; and (d) A declaration that the said partnership is dissolved AND NOTICE is further given that pursuant to Chapter XVII of the Code of Civil Procedure. Section 453, a Writ of Foreign Attachment was, on the 9th day of Uctober, 1935, issued by the Registrar of the Supreme Court commanding the Bailiff of the Supreme Court to forthwith attach all the property, movable and immovable, of the abovenamed Defendant, Kum Ho, which shall be found within the Colony, and to return the said Writ into the said Court on the 24th day of October, 1935.

Dated the 18th day of October, 1935.

M. A. DA SILVA, Solicitor for the Plaintiff.

In the Matter of the Companies Ordin-

ance, No. 39 of 1932,

and

In the matter of The Wing Yuen Cotton

Yarn Company, Limited.

(In Liquidation).

OTICE in pursuance of

applied for paste Marks in Class 47 in respect NTTO, is hereby given in punies ordin

of common soap of the following Trade Mark :-

DOUBLE COCKS

牌老鷄双

in the name of the Tin Heung Company, who claim to be the proprietors thereof.

    The Trade Mark has been used by the appli- cants since the beginning of 1935.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

ance, 1932, that a General Meeting will be held at On Lok Yuen, No. 25 Des Voeux Road, Central, Victoria, in the Colony of Hong Kong, on Saturday, 23rd November, 1935, the Credi- tors at 3.00 p.m. and the Members at 3.30 p.m. for the purpose of having an account laid before them, showing the manner in which the wind- ing-up has been conducted, and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquida- tor, and also of determining by Extraordinary resolution the manner in which the books, accounts and records of the Company and of the Liquidator thereof shall be disposed of.

Dated the 18th day of October, 1935.

WOO YEE TUNG,

Liquidator.

(FILE No. 350 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Nestle and Anglo-Swiss Condensed Milk Company (a Company incorporated according to the Laws of Switzerland), of Cham and Vevey, Switzerland; and St George's House, 6 & 8, Eastcheap, London, E.C., England: Manufac- turers, have, by two applications both dated the 12th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

BORDEN'S

PEERLESS BRAND-

(2)

BORDEN'S

ST.CHARLES

in the name of the said Nestle and Anglo-Swiss Condensed Milk Company, who claim to be the proprietors thereof.

The said Trade Marks have been used by the Applicants and their predecessors in business in respect of Evaporated Milk and are also intended to be used by the Applicants forth- with in respect of Condensed Milk in Class 42.

The Trade Marks are associated with each other and the Trade Mark No. 1 is associated with Trade Marks Nos. 1 of 1874, 50 of 1903 and 111 of 1904 and the Trade Mark No. 2 is associated with Trade Marks Nos. 1 of 1874, 50 of 1903, 62 of 1904 and 111 of 1904.

Dated the 20th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Chater Road, Hong Kong.

The Hong Kong

Government Gazette

Local Subscription. Per annum (payable in advance),. Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

$18.00

10.00

6.00

Terms of Advertising.

For

lines and under,.. Each additional line,

$1.00 .$0.20

for 1st insertion.

5

cents.

Half price.

Chinese, per Character,

Repetitions,

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

(FILE No. 524 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTION is heil Company Limited, of The

[OTICE is hereby given that The Cumber-

Pencil Works, Main Street, Keswick, Cumber- land, England, Manufacturers, a Company duly incorporated under the Laws of Great Britain, have on the 28th day of December, 1934, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(FILE NO. 411 OF 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The United States Playing Card Company, Inc.,

(FILE No. 299 of 1935).

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

whose registered office is situate at Cincinnati, NOTICE is hereby given that Paramount

Ohio, in the United States of America, have on the 26th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Productions, Inc., a corporation or- ganized under the laws of the State of Dela- ware, of 100 West 10th Street, Wilmington, County of New Castle, State of Delaware, United States of America, have on the 22nd day of July, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark :--

CUMBERLAND PENCIL Co.

in the name of The Cumberland Pencil Com- pany Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 15th May, 1899, in respect of the following goods :-

Pencils, in Class 39.

The Trade Mark has been declared to be distinctive by order of His Excellency the Officer Administering the Government pur- suant to Section 9 (5) of the Trade Marks Ordinance 1909.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Ice House Street,

Hong Kong.

MADE IN U.STA.

TOP ON

CARAVAN

PLAYING CARDS

CARAVAN

Paramount

THE UNITED STATES PLAYING CAPO CO CINCINNATI, OHIO USA

in the name of Paramount Productions, Inc., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 1921, in respect of the following goods :-

Motion and sound (Talking) pictures and sound recording devices, their parts and accessories, in Class 8.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Ice House Street,

Hong Kong.

(FILE No. 526 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Tamura Kogyo Kaisha Limited, of Sanchome, Kusunokicho, Hiroshima, Japan, on the 5th day of July, 1934, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

HANEWUMA NE PLUS ULTRA BETWS

NO 1

DIAMONO DRILLO EYED

H

NAUVO DNIAVIJ

NVAVIVO

in the name of The United States Playing Card Company, Inc., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 39 in respect of Playing Cards.

The registration of the above Trade Mark shall give no right to the exclusive use of the abbreviations and numerals " No. 491" appear- ing thereon either in combination or separately. Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 18th day of October, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants,

No. 67, Des Voeux Road Central, Hong Kong.

(FILE NO. 327 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Duckson

NOTI

Dispensary(德臣葯廠)

of No. 24, Tai Ping Sa Street, Canton in the China, Druggists, have on the 30th day of province of Kwong Tung in the Republic of July, 1935, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark :-

in the name of the said Tamura Kogyo Kaisha Limited, who claim to be the proprietors thereof.

THE NEW

The Trade Mark has been used by the VEHICLES AND

Applicants in respect of Needles in Class 13.

The Applicants disclaim the right to the exclusive use of the following :--

The words " NË PLUS ULTRA"

The letters "SSS"

The abbreviation "BETWS"

The abbreviation and numeral "No. 1

either in combination or separately.

Dated the 18th day of October, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

... Hong Kong.

TRAFFIC

REGULATION

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

in the name of Duckson Dispensary, who claim to be the proprietors thereof.

The above Mark has been used by the Appli- cants in respect of pills and medicines for human use in Class 3, since 1932.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks, of Hong Kong, and of the undersigned.

Dated the 16th day of August, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central,

Hong Kong.

(FILE NO. 382 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Asiatic

Petroleum Co. (South China) Ltd., of St. Helen's Court, Great St. Helen's, London, E.C. 3, on the 19th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark viz :-

DERVOIL

in the name of the said The Asiatic Petroleum Co. (South China) Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of all goods in Class 47, especially lubricating oils for high speed Diesel engines for road traction.

Dated the 20th day of September, 1935.

HASTINGS & CO.

Solicitors for the Applicants, Gloucester Building,

Hong Kong.

(FILE No. 307 of 1935)

TRADE MARKS ORDINANCE, 1909

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tominaga Yoko of No. 25, Des Vœux Road, Central, First floor, Victoria, in the Colony of Hong Kong, have on the 25th day of July, 1935, applied for the registration in Hong

Kong, in the Register of Trade Marks, of the following Trade Mark :--

圖望公太

1858

(FILE No. 383 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

NOTICE is hereby given that Rothman's

Limited, of Nos. 13-17, Underwood Street, London, England, on the 9th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

Rothmans

Columin

in the name of the said Rothman's Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following Class viz :-

Tobacco, whether manufactured or un-

manufactured in Class 45. The Applicants disclaim the right to the exclusive use of the word "Rothmans" appear- ing in the mark,

Dated the 20th day of September, 1935.

HASTINGS & CO. Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE No. 355 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Standard Brands incorporated, a corporation organized under the laws of the State of Dela- ware, United States of America, having its principal place of business at 595 Madison Avenue, City, County and State of New York, United States of America, Manufacturers, have on the 7th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark --

in the name of Standard Brands Incorporated, who claim to be the proprietors thereof.

Such Trade Mark has been used by the Applicants in respect of Yeast in Class 42 since December 7th, 1929.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Mark, of Hong Kong and of the undersigned.

Dated the 20th day of September, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 393 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Morinaga Condensed Milk Company Limited, of No. 12, 1 chome Tamachi Shiba-ku, Tokyo, Japan, on

the 9th day of May, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

THREE

ARROW

公太

204

REGISTERED PUITEN

TAIKONG 2 04

大公204

行洋示富

in the name of Tominaga Yoko, who claim to

be the proprietors thereof.

      The Trade Mark has been used by the Ap- plicants since the year 1934 in Class 24 in res- pect of Cotton piece goods of all kinds.

      The Applicants disclaim the right to the ex- clusive use of the numerals "204" appearing thereon either in combination or separately.

       A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 20th day of September, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building,

Hong Kong.

WHOLE

MILK POWDER

FOR INFANT AND INVALID

NET WEGHT ILB.

in the name of the said Morinaga Condensed Milk Company Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Milk Powder in Class 42.

Dated the 20th day of September, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building,

Hong Kong.

(FILE No. 334 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Wing Cheong

Hong, of No. 28, Connaught Road Cen- tral, 1st floor, Victoria, in the Colony of Hong Kong, have on the 7th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark:-

WING CHEONG HONG BEST WASHING SAll

in the name of Wing Cheong Hong, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 47 in respect of candles, common soap, detergents, illuminat- ing, heating, or lubricating oils, matches, and starch, blue, and other preparations for laundry

purposes.

The registration of the above Trade Mark shall give no right to the exclusive use of the words Wing Cheong Hong" appearing

thereon.

""

Facsimiles of the above Trade Mark can be seen at the Offices of the Register of Trade Marks of Hong Kong and also of the under- signed.

Dated the 16th day of August, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants, No. 67, Des Voeux Road Central, Hong Kong.

(FILE NO. 300 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that Utoomal

Wyndham Street, Victoria, in the Colony of and Assudamal Company, of No. 25,

1935, applied for the registration in Hong Hong Kong, have on the 22nd day of July,

Kong, in the Register of Trade Marks, of the following Trade Mark :--

MAHAL

TAJ M

BRAND

in the name of Utoomal and Assudamal Com- pany, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by of Cotton, Singlets, Stockings and Socks. the Applicants forthwith in Class 38 in respect

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also of the under- signed.

Dated the 16th day of August, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants, No. 67, Des Voeux Road Central, Hong Kong.

(FILE No. 297 of 1935).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Nippon Paint Kabushiki Kaisha, of 10, Urae-Kita-4-Chome, Nishiyodogawa-Ku, Osaka City in the Empire of Japan, on the 9th day of July, 1935, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

LION TOWER

25

in the name of the said Nippon Paint Kabushiki Kaisha, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicant in respect of Boiled oils, drying oils and all other kinds of oils used in manufactures and not included in other classes and dyes other than mineral in Class 4.

Dated the 16th day of August, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

|

1862

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 328.-The following Bills are published for general information:-

(C.S.O. 1342/25).

A BILL

[No. 19-22.10.35.-2.]

Short title.

Permit required for removal of sand from

land, fore- shore or

sea-bed, not under lease from the Crown.

Permit required

where any sand in

INTITULED

An Ordinance to regulate the importation and the removal

of sand.

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

1. This Ordinance may be cited as the Sand Ordinance, 1935.

2.-(1) No person may take sand from any land, fore- shore or sea bed, not under lease from the Crown, without having previously obtained

      a written removal permit or sale and removal permit from the Director of Public Works applicable to such sand.

(2) Any such permit may prescribe the quantity of sand which may be taken and the places from and to which it may be removed and any such sale and removal permit may also prescribe the price to be paid for the sand to which it relates.

3.-(1) No person may in any junk or lighter, or in any truck or lorry, bring into the Colony or remove from one part of the Colony to another any sand, wherever excess of one obtained and whatever its ultimate destination, in excess of one hundredweight, unless he has in his possession a permit, issued under section 2 (1), or a written removal permit from the Director of Public Works issued under this section, applicable to such sand.

hundred-

weight is imported or removed by

junk,

lighter,

truck or lorry.

Penalties.

(2) Any removal permit issued under this section may prescribe the quantity of sand which may be removed and the places from and to which it may be removed.

4. Any person

  who contravenes any provision of section 2 (1), or section 3 (1), or who brings into the Colony or takes or removes more sand than is prescribed by the permit or sand from or to any place other than the place or places, if any, prescribed in the permit, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding five hundred dollars and to imprison- ment for any term not exceeding six months.

1863

5. The Buildings Ordinance, 1935, is amended-

Amendments

to Ordinance

No. 18 of

(a) by the deletion of the word and comma "sand," in 1935, s. 123

the second line of section 123.

(b) by the deletion of the word and comma "sand," in the first line of regulation 1 in Schedule M.

6. The Sand Ordinance, 1934, is repealed.

and Table

M.

Repeal of Ordinance No. 41 of 1934.

Objects and Reasons.

1. This Ordinance repeals the Sand Ordinance, No. 41 of 1934, and certain references to sand in the Buildings Ordinance, No. 18 of 1935, and substitutes new provisions designed to prevent the theft of sand from land, foreshore or sea bed, not under lease from the Crown and to control the importation and the removal of sand by junk, lighter, truck or lorry.

2. The export of sand, except under an export permit granted by the Superintendent of Imports and Exports, is already forbidden by Government Notification No. 465 of 1934 issued under Ordinance No. 32 of 1935.

3. The Bill for this Ordinance was submitted to the Secretary of State and approved by him in his despatch of the 12th September, 1935.

October, 1935.

:

C. G. ALABASTER.

Attorney General.

1864

[No. 28:-7.10.35.-2.]

A BILL

Short title.

Interpreta- tion.

Schedule.

Incorpora- tion.

INTITULED

An Ordinance to provide for the Incorporation of the

Hong Kong Travel Association.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof as follows:-

1. This Ordinance may be cited as the Hong Kong Travel Association Incorporation Ordinance, 1935.

2. In this Ordinance "Constitution" means the constitu- tion of the Hong Kong Travel Association as set out in the Schedule hereto or any amended constitution approved by the Governor which may be made thereunder.

3.-(1) The members of the Hong Kong Travel Associa- tion, for the time being, from time to time, shall be a body corporate, (hereinafter called "the Corporation") and shall have the name of the "Hong Kong Travel Association" and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal.

(2) The government of the Corporation shall be vested, subject to the conditions of the constitution, in the Board of Directors thereof.

(3) The first Board of Directors shall consist of:

William James Carrie (Chairman)

Charles Henry Benson

Ma Man Fai (馬文輝)

Norman James Perrin

James Harper Taggart

Tang Chung Pat (鄧宗弼)

Reginald David Walker

(4) Subsequent directors, whether appointed in immediate succession to any of the first directors or not, shall be appointed in accordance with the constitution and shall for the time being be deemed to be successors in office of the first directors and to be members of the Corporation.

1865

4.-(1) The Corporation shall have the power to acquire, Powers of accept leases of, purchase, take, hold and enjoy any lands, the Corpor- buildings. messuages or tenements of what nature or kind soever and wheresoever situated, and also to invest moneys upon mortgage of any lands, buildings, messages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever.

(2) The Corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, vield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the Corporation, upon such terms as the Corporation may seem fit.

(3) The Corporation shall also have power to conduct its affairs in accordance with the constitution.

documents,

5. All deeds and other instruments requiring the Execution of corporate seal of the corporation shall be sealed in the presence of two of the directors and shall be signed by the Chairman of the Board of Directors and one other director.

6. All matters of internal management, including any Internal amendment of the constitution, shall be settled and carried management. out in accordance with the constitution.

the rights

7. Nothing in this ordinance shall affect or be deemed Saving of to affect the rights of His Majesty the King, his heirs or of the successors, or the rights of any body politic or corporate or Crown and of any other person except such as are mentioned in the of certain Ordinance and those claiming by from or under them.

other

persons.

SCHEDULE.

[ss. 2 & 3.]

CONSTITUTION OF THE HONG KONG TRAVEL ASSOCIATION.

>>

Name and General Policy.

1. The name of the Association shall be as The Hong Kong Travel Association and the following characters may be used in rendering its name into Chinese:-

2. The objects and purpose of the Association shall be follows:-

as

(i) The encouragement of travel in general and the promotion of travel facilities.

(ii) The rendering of assistance to tourists and travellers while in the Colony.

3. For the accomplishment of these objects the Association may undertake the following:-

(i) Co-operation with railways, steamship companies, air lines and other public carriers, hotels, mercantile houses and institutions directly connected with travel with a view to the improvement of their service and the development of mutual advantages.

(ii) Propagation of information concerning the Colony and afford- ing travel information and facilities to travellers.

1866

(ii) The taking of any measures necessary for the realisation of the objects specified in the foregoing clauses.

Membership.

4. The members of the Association shall be of three classes- honorary members, ordinary members, and representative members.

5. An honorary member shall be nominated by a resolution of the Board of Directors.

6. An ordinary member of the Association shall be one who is intimately connected with travel or in sympathy in the work of the Association.

7. Any member of the Association shall be eligible for electing, or being elected to, the Board of Directors.

8. Any member desirous of withdrawing from the Association shall notify his intention to the Association.

9. Any Government, body corporate or firm which subscribes to the Association may nominate representative members according to the following scale based on the amount of the subscription made to the funds of the Association :·

A subscription of less. than $100: one representative; A subscription of $100 and less than $150 two representatives. Further additional representatives shall be at the rate of one repre- sentative for each additional increment of $50 in the subscrip- tion.

When representatives have been chosen according to the pro- visions of this clause their names shall be notified to the Association and shall be deemed representative members until replaced by other nominees of the Government, body corporate or firm subscribing.

10. Any member may be expelled from membership by the Board of Directors, if he is considered to be guilty of any act in- jurious to the reputation or contrary to the aims of the Association or if he has omitted the payment of his subscription.

General Meetings.

11. All members of the Association who are resident in Hong Kong shall be invited to attend the General Meetings of the Asso- ciation and ten members present shall constitute a quorum.

12. There shall be a regular General Meeting of the Association annually at such time and place as the Board of Directors may decide. Special General Meetings may be called by the Board of Directors or upon the request of more than ten members.

13. The duties and powers of the General Meeting shall include the following:-

(i) To see that the objects and purposes of the Association are carried out.

(ii) To adopt a general programme for the Association.

(iii) To elect a Board of Directors.

(iv) To amend, when necessary, the powers and duties of the Board of Directors.

(v) To consider and adopt the report of the Board of Directors.

A

14. At a general meeting each member shall have one vote. member whose subscription exceeds $50 shall have an extra vote for each additional $50 (a fraction thereof not being counted) in the amount of his subscription.

Where a Government, body corporate or firm has nominated a lesser number of representatives than it is entitled to under Article 9 each representative member shall use one vote and the remaining votes shall be used by one representative member whose name has been specially notified to the Association.

1867

15. Any motion at a general meeting shall be decided by a majority vote of those present. In the event of a tie, the Chairman shall have a casting vote.

Board of Directors.

16. The Chairman of the Board of Directors shall be appointed by the Governor.

17. The Board of Directors (exclusive of the Chairman) shall be duly elected at the regular annual meeting of the members in accord- ance with the constitution.

18. The Board of Directors (exclusive of the Chairman) shall consist of not more than six members who shall serve without emolu- ment for a term of three years and of whom two shall retire each year but, being eligible, may be re-elected.

19. Nomination of candidates for election to the Board of Direc- tors may be made by three or more members and the names of such nominees must be sent to the Chairman at least one week before the regular annual meeting at which the election will be held.

20. Casual vacancies in the Board of Directors shall be filled by the Board, and a Director thus appointed shall serve for the un- expired term of his predecessor.

21. The Board of Directors shall hold regular monthly meetings and three members (including the Chairman) shall constitute. a quorum. Special meetings of the Board may be called at the dis- cretion of the Chairman. All motions put at a meeting of the Board of Directors shall be decided by a majority vote of those present. In the event of a tie, the Chairman shall have a casting vote.

22. The government of the Association shall be vested in the Board of Directors who shall have the following powers and duties :

(i) To carry out the objects and purposes of the Association as set out in Article 2 of this Constitution.

(ii) To execute the decisions of the Association.

(iii) To adopt a programme of activities of the Association. (iv) To adopt measures for the extension of the Association. (v) To adopt a budget and supervise the finances of the Asso- ciation.

(vi) To appoint and discharge employees of the Association.

(vii) To cancel the membership of any member for misconduct or for breach of any articles or regulations of the Association.

(viii) To act as Trustees of the Association in the holding of real and other immovable property.

(ix) To enact and promulgate regulations, not contrary to the Constitution, for the management of branches, departments or sec- tions of the Association.

23. The Chairman may, when urgency demands such a pro- cedure, decide by himself and carry out any matter which comes within the power of the Board of Directors.

Any matter decided and carried out by him in accordance with the provision of this clause shall be reported to the Board of Direc- tors at its next ensuing meeting.

24. Any measure or resolution adopted by a general meeting of members but considered by the Board of Directors as impracticable or requiring modification may be referred back to a general meeting for reconsideration, but a majority of those present at such general meeting may override the veto of the Board.

Subscriptions.

25. The minimum subscription payable by a member (other than an honorary member or representative member) shall be $50 a year.

1868

26. The subscription paid by a member shall not be refunded on his withdrawal or expulsion from the Association.

27. In the event of the winding up of the Association, the dis- position of the property then held by it shall be decided by a resolu- tion of a general meeting of the members, with the exception of any fund which may be created for the granting of allowances to employees on their retirement from service.

The Financial Year.

28. The financial year of the Association shall begin in July 1st every year and end on June 30th of the following year.

Amendments.

29. Amendments to the constitution, except articles 2 and 16 may be made at any general meeting held under article 12, provided that if the proposed amendments are recommended by the Board of Directors notice of the same shall be set out in the notice convening the meeting and if the proposed amendments are suggested by some other member they shall be in writing and forwarded to the Chairman for examination by the Board of Directors at least one month before the next general meeting and provided that no amendment shall be effective unless passed by a two-thirds majority of the votes of all present at the meeting and unless and until the Constitution as so amended is approved by the Governor.

Objects and Reasons.

The object of the Ordinance is to incorporate the Hong Kong Travel Association. It follows the lines of similar local incorporation Ordinances, notably Ordinance No. 16 of 1932.

C. G. ALABASTER,

October, 1935.

Attorney General.

1869

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 329.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

i

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

Authority.

Notification No. 729 of 23rd September, 1935.

R. A. D. FORREST,

Colonial Secretary.

25th October, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 330.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

25th October, 1935.

Reference to

Date.

Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

R. A. D. Forrest,

Colonial Secretary.

1870

MAGISTRACY.

LICENSING SESSIONS.

No. S. 331.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Friday, the 8th day of November, 1935, at 3.30 p.m., at which the following applications will be considered under the Liquors Ordinance, 1931. All applicants for licences, and persons objecting to such applications, must appear in person :-

No.

Name of Applicant.

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant

has held a licence of the same kind to sell liquor in the Colony and, if so, for how long.

1

Frederick Charles Barry.

Publican's Licence.

The Repulse Bay Hotel.

Rural Building Lot 142, Repulse Bay.

2

Alfonso Georges

Hong Kong Hotel.

Piovanelli.

3

Aubrey Kieran

3, Pedder Street and 21, 25 and 27, Queen's Road Central.

Peninsula Hotel. K.I.L. 1461 Salisbury Road.

3 years.

3 years and 9 months.

Dimond.

Isaac Levy

Goldenberg.

Palace Hotel.

42 to 44, Haiphong Road.

10 years.

وو

2, Hankow Road.

5

Cheung Kiu Fong.

6

Edmund Herbert

Patrick White.

7

Paul Lee.

Publican's Licence without Bar.

8 George Albert Bond.

25

9

Chan Wai Chuen.

Kowloon Hotel.

Repulse Bay "Lido". Rural Building Lot 368,

St. Francis Hotel, (1933), Limited.

Café Wiseman.

Hotel Cecil, Ltd.

Repulse Bay.

13A, Queen's Road Central.

Front Portion Basement of Exchange Building, 14, Des Voeux Road Central.

Royal Building, 4, Chater Road, ground to 5th floors only.

3 years and 10 months.

2 months.

2 months.

9 months.

5 years.

10

Charles Fuxman.

""

Marcel Cafe.

70, Nathan Road.

11

Paul Chessex.

Gloucester Building (Residential).

5-15 Pedder Street, 4th to 8th floors, 16-18B Des Voeux Road Central, 4th to 8th floors, 9-11 Pedder Street,

ground floors.

15, Hankow Road, ground floor.

5 months.

12

William K. S. Mok.

David's Cafeteria.

year.

13

Miss Helen

Adelaide Harry.

Hotel Keeper's Adjunct Licence.

Peak Hotel.

R.B.L. 77 Hill District.

6 years and 4 months.

14

Alexander Ogilvie.

15

Chan Hon.

Airlie Hotel.

Tung Shan Hotel.

2 years.

Hotel Asia.

16

Tsoi Kam Hang.

""

8 years.

17

Ma Tau Nam.

""

Empress Hotel.

18

Yu Tung Wai.

Mee Chow Hotel.

21

23-25, Nathan Road.

37, 38 and 39, Connaught Road West.

126 and 127, Connaught Road Central, and 249, 251 and 253, Des Voeux Road Central, and 125, Connaught Road Central, 3rd and 4th floors.

159 to 161, Connaught Road Central.

317, 319 and 321, Des Vœux Road Central.

212-214A and 220-226, Des Voeux Road Central, 1st to 4th floors. 216 and 218,

Des Voeux Road Central,

whole house.

228 and 230, Des Vœux Road Central,

1st to 3rd floors.

9 years.

5 years.

1871

LICENSING SESSIONS,-Continued.

Name

No.

of Applicant.

Description of Licence applied for.

Sign of House.

Situation of House.

19

Chan Cheuk Wan.

Hotel Keeper's Adjunct Licence.

The Great China Hotel.

20

20

Mui Man.

Hotel Nathan.

"

21

Peter Tong.

""

New Asia Hotel,

Limited.

Whether the applicant

has held a licence of

the same kind to sell liquor in the Colony and, if so, for how long,

119, Connaught Road Central, whole house. 120, Connaught Road Central, 1st to 4th floors. 237 to 239,

Des Voeux Road Central, 1st to 4th floors.

372 to 378, Nathan Road.

206, 208, 210, Des Voeux Road Central,

1st to 4th floors.

8 years.

3 years.

1 year and 5 months.

22

22

Chan Chuck Yin.

Luk Kok Hotel.

67 to 77, Gloucester Road.

2 years.

""

23

Mrs. Yoneko

Tokyo Hotel.

Kobayashi.

24

Isekichi Seki.

Chitose Hotel,

""

37A, 37B and 38A, Connaught Road Central. | 18 years.

6, 7 and 8, Hau Fung Lane.

17 years.

25

Mrs. Kikuye

""

Chitose Kwan Hotel.

1 and 3, Hau Fung Lane.

8 months.

Morita.

26

Mrs. Hanako

Fukuzumi Hotel.

66A, Canton Road.

1 year.

多多

Akiyoshi.

27

Kuijiro Suhara.

Restaurant Keeper's Adjunct Licence.

Tokyoan Hotel.

88, Lockhart Road.

4 years.

Yamakawa Hotel.

28

Tainosuke

Yamakawa.

62 to 63, Gloucester Road, ground floors,

3 years.

Asahi Beer Hall.

29

Mrs. Kato Suya.

99

88 and 90, Johnston Road, ground floors.

9 years.

The Prince's Cafe.

30

P. K. Leung.

19

18A, Queen's Road Central.

6 years.

31

S. F. Shum.

""

Canadian Confectionery & Bakery Co.

16, Queen's Road Central.

2 years and 10 months.

32

Andi Kalstrup.

11

Jimmy's Kitchen, (Wanchai).

42, 44 and 46,

8 days.

Lockhart Road,

ground floors.

33

Aaron Landau.

Jimmy's Annex.

Portion of China Building,

1 year.

"1

ground floor.

34

Yuen Hee Hing.

King's Restaurant.

Entertainment Building,

1 year.

""

30, Queen's Road Central, 1st floor.

?

35

Bunshichi Kawahara.

23rd October, 1935.

Kawahara Restaurant.

41, Peking Road, ground floor.

5 months.

S. F. BALFOur, Secretary to the Licensing Board.

1872

TREASURY.

No. S. 332.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Cleaning Typewriters", will be received at the Colonial Secretary's Office until Noon of Saturday, the 9th November, 1935, for the monthly cleaning and maintenance of typewriters in all Government Offices during the year 1936.

For further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

17th October, 1935.

EDWIN TAYLOR,

Colonial Treasurer.

POLICE DEPARTMENT.

,

No. S. 333.-It is hereby notified that sealed tenders in quadruplicate which should be clearly marked "Tender for making Uniforms for Government Departments will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of November, 1935, for the supply and making up of uniform for the use of the Government Departments from 1st January, 1936 to 31st December, 1936.

Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $200 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should such tender be accepted.

The successful tenderer will be required to sign a formal contract and to give security in the sum of $1,000 in cash to be deposited with the Colonial Treasurer for the due and faithful performance of the terms of such contract.

The Government does not bind itself to accept the lowest or any tender.

Forms of tender and further particulars may be obtained at the Office of the Inspector General of Police.

25th October, 1935.

D. BURLINGHAM, Inspector General of Police.

PUBLIC WORKS DEPARTMENT.

No. S. 334.-It is hereby notified that sealed tenders in quintuplicate which should be clearly marked "Tender for repairs to Grab Dredger No. I", will be received at the Colonial Secretary's Office until Noon of Monday, the 4th day of November, 1935, for slipping, repairing and painting Government Grab Dredger No. 1.

A list of work may be obtained at the Government Slipway, Yaumati.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

21st October, 1935.

1873

PUBLIC WORKS DEPARTMENT.

  No. S. 335.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for supply of Junks to Government Grab Dredgers Nos. 1 and 2", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of November, 1935, for the supply of junks including all necessary mainten- ance and labour for efficient working of same throughout the year 1936.

  As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $500 with the Colonial Treasury.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

23rd October, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 336.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for maintenance and repairs to Port Works", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of November, 1935, for maintenance and repairs to sea and quay walls, piers and other sea works, including the construction of minor extensions during the year 1936.

  As securities for the proper performance of the works under these contracts the successful tenderers will be required to deposit, in cash, with the Colonial Treasury the sums of:

$500 for Port District.

$200 for Outside District.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

23rd October, 1935.

NOTICES TO MARINERS.

No. S. 337.

No. 80/1935.

  In connection with harbour dredging now in progress, stagings have been erected in the following positions:

(1)-Lat. 22° 18′ 13′′ N.

Long. 114° 9' 30" E.

(2)- (3)-

22° 18′ 03′′ N. 22° 17' 43" N.

114° 9′ 30′′ E. 114° 9′ 30′′ E.

They will be marked by a red flag by day and two vertical red lights by night.

All stagings, other than the above, referred to in previous notices have been removed.

22nd October, 1935.

]

1873

PUBLIC WORKS DEPARTMENT.

  No. S. 335.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for supply of Junks to Government Grab Dredgers Nos. 1 and 2", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of November, 1935, for the supply of junks including all necessary mainten- ance and labour for efficient working of same throughout the year 1936.

  As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $500 with the Colonial Treasury.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

23rd October, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 336.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for maintenance and repairs to Port Works", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 6th day of November, 1935, for maintenance and repairs to sea and quay walls, piers and other sea works, including the construction of minor extensions during the year 1936.

  As securities for the proper performance of the works under these contracts the successful tenderers will be required to deposit, in cash, with the Colonial Treasury the sums of:

$500 for Port District.

$200 for Outside District.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

23rd October, 1935.

NOTICES TO MARINERS.

No. S. 337.

No. 80/1935.

  In connection with harbour dredging now in progress, stagings have been erected in the following positions:

(1)-Lat. 22° 18′ 13′′ N.

Long. 114° 9' 30" E.

(2)- (3)-

22° 18′ 03′′ N. 22° 17' 43" N.

114° 9′ 30′′ E. 114° 9′ 30′′ E.

They will be marked by a red flag by day and two vertical red lights by night.

All stagings, other than the above, referred to in previous notices have been removed.

22nd October, 1935.

]

1874

No. 81/1935.

  Torpedo ranging will commence early in November on the Lai-Chi-Kok Torpedo Range.

pier.

During each run a red flag will be hoisted on the target and also on the end of the

The target is now in position and is distinguished at night by one white light.

  Until further notice vessels are warned against attempting to pass between Lai-Chi- Kok Torpedo Range and Chung Hue Rock whilst these red flags are displayed.

The attention of all junks and other small craft is especially drawn to this notice.

Harbour Department,

23rd October, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

9

No. S. 314.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the maintenance, repair, etc., of Government Buildings will be received at the Colonial Secretary's Office until Noon of Monday, the 28th day of October, 1935, for such works as may be ordered in the maintenance, repair, alterations and additions to Government Buildings in the Colony of Hong Kong, Kowloon and New Territories during the year 1936.

As securities for the proper performance of the works under these contracts the successful tenderers will be required to deposit, in cash, with the Colonial Treasury the sums of:-

$2,000 for Central District.

$1,000 for Outside District.

$1,000 for New Territories District.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th October, 1935.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Adjudication and Appointment of Trustee.

TH

No. 10 of 1935.

Re Wing Tai Loong and Company, of No. 57 Wing Lok Street, Victoria, in the Colony of Hong Kong.

HE above-named Wing Tai Loong and Company, was adjudicated Bankrupt on the 19th day of October, 1935, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt firm.

No. 11 of 1935.

Re Kan Iu Cho (††)

of Nos. 84 and 98 Queen's Road West, Victoria, in the Colony of Hong Kong, and lately carrying on business at No. 84 Queen's Road West, in the name of Wing Tai firm, No. 60E Belcher Street, in the name of Wing Tai Chan, - K.I. Lot No. 1026 Hoi Tan Street, in the name of Wing Tai Chan, Shamshui- po, N.K.I. Lot 1897 in the name of Wing Tai Chan, Lot 521 Cheung Sha Wan, in the name of Wig Mow Cheong, Kansu Street. Yaumati, in the name of Wing Shipg. No. 98 Queen's Road West, in the name of Wing Shing Cheong, No. 375 Lock- hart Road, in the name of Wing Shing Cheung and Marsh Road, in the name of Wing Shing Cheong sawmill.

THE

HE above-named Kan Iu Cho was adjudi- cated bankrupt on the 19th day of Octo- ber, 1935, and Mr. Lau Yuk Wan of the Hong Nin Life Insurance Co. Ltd., No. 188 Des Vux Road, Hong Kong, was appointed Trustee of the estate of the bankrupt and that Messrs. Horace Lo, Parkin Wong and Chau Ngan Ting were appointed committee of in- spection in this bankruptcy, for the purpose of superintending the administration of the pro- perty of the bankrupt by the Trustee.

No. 13 of 1935.

Re Alvaro Alvares Alves residing at No. 11 MacDonnell Road, Victoria, in the Colony of Hong Kong, and formerly carrying on business at Stock Exchange Building, Ice House Street, Victoria aforesaid, Stock and Share Broker.

HE above-named Alvaro Alvares Alves

1879--

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 7 of 1932.

Re Fung Yuk Wing of No. 24, Queen's Road East, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

SECOND dividend is intended to be de-

Aclared in this matter.

Creditors who have not proved their debts by the 25th day of November, 1935, will be excluded.

Dated the 25th day of October, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Herbert Phelps Whit- marsh late of Baguio Philippine Islands, decensed.

NOTICE is hereby given that the Court

has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 16th day of November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 21st day of October, 1935.

I was adjudicated Bankrupt on the 19th N

   day of October, 1935, and The Official Receiver was appointed Trustee of the Estate of the Bankrupt.

I,

Dated the 25th day of October, 1935.

JAMES J. HAYDEN,

Official Receiver

Notice of Change of Surname.

LILIAN MAY FITZGERALD of No. 2, College View Victoria, in the Colony of Hong Kong, heretofore called and known by the name of LILIAN MAY SOO HEREBY GIVE NOTICE that on the 23rd day of October, 1935, I re- nounced and, abandoned the use of my said 'surname of Soo and assumed in lieu thereof the surname of Fitzgerald AND FURTHER that such change of name is evidenced by a deed dated the 23rd day of October, 1935, duly executed by me and attested.

Dated the 25th day of October, 1935.

LILIAN MAY FITZGERALD, late LILIAN MAY SOO.

JOHNSON, STOKES & MASTER,

Solicitors for the Executor, Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Heu Chock Shee alias Heu Chock Man alias Hiu Chock Shee alias Hiu Chock Man alias Chock Man late of City and County of Honolulu in the Territory of Hawaii, Widow, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 16th day of November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 21st day of October, 1935.

JOHNSON. STOKES & MASTER, Solicitors for the Executor, Prince's Building, Ice House Street, Hong Kong

HONG KONG CRICKET CLUB.

NOTICE.

in the Pavilion on Monday, the 4th HE Annual General Meeting will be held

November, 1935, at 5.30 p.in.

A. K. MACKENZIE, Hon. Secretary.

Hong Kong, 25th October, 1935.

HONG KONG CRICKET CLUB.

OTICE is hereby given that the following I Debentures were drawn at the Pavilion on Thursday, the 24th day of October, 1935: -

Nos. Nos. Nos. Nos. Nos. Nos.

650

430

528

689

74 247 294 414 443 640 81 253 363 419 475 137 274 371 226 278 374 436 535 751 234 279 412 439 624 826

Holders of drawn Debentures who desire to be paid on the 31st October, 1935, are request- ed to inform the Treasurers, Messrs. Percy Smith, Seth & Fleming, on or before Wednes- day, the 30th October, 1935.

AND NOTICE is hereby given that Debentures numbered as above which are not cashed on the 31st October, 1935, will be paid on the 30th April, 1936, after which date they will cease to bear interest.

By Order of the Committee,

A. K. MACKENZIE, Hon. Secretary.

Hong Kong, 25th October, 1935.

NOTICE.

Foreign Attachment.

NOTICE is hereby given that by a Writ of

Summons issued in an action intituled

"In the Supreme Court of Hong Kong, Ori- ginal Jurisdiction, Action No. 255 of 1935, Between Li Shiu Pang alias Li Chok Hang, Plaintiff and Kum Ho, G. L. Fenton and Y. M. Lo, Defendants". dated the 9th day of October, 1935, the Plaintiff Li Shiu Pang alias Li Chok Hang of The Min Cheong Bank, Hong Kong Stock Exchange Building, 1st floor, Victoria, in the Colony of Hong Kong, claims against the Defendants Kum Ho, G. L. Fenton and Y. M. Lo: (a) to have an account taken of the partnership dealings between the Plaintiff and the Defendants in respect of the Min Cheong Bank and to have the affairs of the partnership wound up; (b) payment of the amount found due to the Plaintiff on the said account; (c) Dissolution; and (d) A declaration that the said partnership is dissolved. AND NOTICE is further given that pursuant to Chapter XVII of the Code of Civil Procedure, Section 453, a Writ of Foreign Attachment was, on the 9th day of ctober, 1935, issued by the Registrar of the Supreme Court commanding the Bailiff of the Supreme Court to forthwith attach all the property, movable and immovable, of the abovenamed Defendant, Kum Ho, which shall be found within the Colony, and to return the said Writ into the said Court on the 24th day of October, 1935.

Dated the 18th day of October, 1935.

M. A. DA SILVA, Solicitor for the Plaintiff.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance), Half year, Three months,

(do.), (do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character,

Repetitions.

$18.00

10:00

6.00

$1.00 for 1st $0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

TOSU

(FILE No. 409 OF 1935).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered in the Empire of Japan having a branch office at No. 5 Ice House Street, Victoria, in the Colony of Hong Kong, on the 30th day of September, 1935, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz :-

(FILE NO. 391 or 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of Two Trade Marks.

OTICE is hereby given that Tai On

Nanufacturing Company Limited, whose

Registered Office is situate at No. 40 Hing Lung Street, Victoria, Hong Kong, have, by two applications both dated the 9th day of Septem- ber, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:- (1)

SYLVIA

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect

of Perfumed Soap in Class 48.

Dated the 25th day of October, 1935.

HASTINGS & CO.

Solicitors for the Applicants, Gloucester Building,

Hong Kong.

狗仔

TRO BIK

DOG BRAND

商標

(2)

猴子

(FILE No. 253 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 428 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Orient NOTICE is hereby given that Chee Hien

Paint, Colour and Varnish Co., Ltd., of

Shanghai have on 18th day of June, 1935, applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Mark:-

PAINT

THE OF

COLOUR &

COLED

SHANGHA

in the name of The

             Orient Paint, Colour and Varnish Co., Ltd., who claim to be the sole proprietors thereof.

      This Trade Mark is intended to be used in respect of Paints and varnishes in Class 1.

The two facsimiles shown above are regis- tered as a series of Trade Marks under Section 26 of the Trade Mark Ordinance 1909 and are associated with each other.

Dated this 25th day of October, 1935.

BUTTERFIELD & SWIRE,

Hong Kong. General Agents & Attorneys for and on behalf of

THE ORIENT PAINT, COLOUR & VARNISH CO., LTD.

Ink Company, of No. 544, Nathan Road, Yaumati, Hong Kong, has on the 16th day of October, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

商 標

H

in the name of Chee Hien Ink Company, who claims to be the sole proprietor thereof.

The Trade Mark has not hitherto been used by Chee Hien Ink Company but it is their intention so to use it forthwith in respect of Inks, Chinese Inks, Gum and Paste in Class 39.

Dated the 25th day of October, 1935.

CHEE HIEN INK CO., No. 544, Nathan Road, Yaumati, Hong Kong, Applicants.

MONKEY BRAND

in the name of the said Tai On Manufacturing Company Limited, who claim to be the proprie- tors thereof.

The Trade Marks have been used by the applicants in respect of Mosquito destroying incense in Class 2.

Dated the 27th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 328 or 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Pun Kai

Shiu () of No. 161

Des Voeux Road Central, (ground floor), Vic- toria, in the Colony of Hong Kong, have on the 31st day of July, 1935, applied for the Regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

林治江

in the name of Pun Kai Shiu, who claim to be the proprietor thereof.

The above Mark has been used by the Ap- plicant since the last four years in respect of Substance used as Chinese Medicine in Class 3. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 30th day of August, 1935.

DENNYS & COMPANY, Solicitors for the Applicant, National Bank Building,

Hong Kong.

(FILE No. 360 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Sam Fong Face

No

1881

(FILE No. 397 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Powder Factory, (A) NOTICE is hereby given that M. P. San &

of Nos. 163 and 165 Pak Tai Street, Kowloon City, Hong Kong, have, by three applications all dated the 22nd day of August, 1935, applied for the registration in Hong Kong, in the Regis ter of Trade Marks, of the following Trade Marks:-

(1)

TRADE

MARY:

having its Office at No. 293, Des Vœux Road Central, Hong Kong and its Fac- tory at Nos. 34 to 46, Whitfield, Causeway Bay, Hong Kong, Confectionery and Biscuit Manu- facturers, have on the 14th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

糖啤啤

(FILE No. 330 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Leung Fa

NOTIC

Tong (E) of No. 40

Lyndhurst Terrace ground floor, Victoria, in the Colony of Hong Kong, Merchant, Managing

Partner of the Man Kee firm (†)

of the above address have on the 16th day of September, 1935, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark:-

BEDAK BOTAN

粉香丹社

品出莊粉處三州廣

SAM FORO FACE POWDER FACTORY

(2)

BRADEN GATEWA

(3)

旅粉鳳三

粉施西

商 標

WHISTLE BRAND

in the name of M. P. San & Co, who claim to be the sole proprietors thereof.

The Trade Mark is intended to be used forth- with M. P. San & Co., in respect of Confec- tionery in Class 42.

Dated the 27th day of September, 1935.

M. P. SAN & CO.,

Applicants.

(FILE No. 398 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Sunbeam Manufacturing Company, of Nos. 6 to

10C, Kilung Street, Shamshuipo, Kowloon, Hong Kong, have on the 16th day of Septem- ber, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

:-

牌角鹿

TRADEMARK

Lowder

Mankee

(萬記

in the name of the Man Kee firm,

who claim to be the sole proprietors

thereof.

The said Trade Mark is intended to be used by the Applicant in Class 48 in respect of Face Powder.

++

The Applicant disclaims the right to the exclusive use of the words "Man Kee and of the numerals "300" appearing thereon.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 27th day of September, 1935.

D'ALMADA & MASON, Solicitors for the Applicant, 33, Queen's Road Central, Hong Kong.

(FILE No. 399 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Leung So Kee Firm, of No. 129 Wai Oi Road West,

Canton, China, and of No. 187, Fa Yuen Street, top floor, Mongkok, Kowloon, Hong Kong, Umbrella Makers, have on the 17th day of

September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

in the name of the said Sam Fong Face Powder

Factory, who claim to be the proprietors thereof.

     The Trade Marks have been used by the Applicants in respect of Chinese face powder in Class 48.

     The Trade Marks are associated with one another and with Trade Mark No. 5 of 1930.

    The registration of the Trade Marks shall give no right to the exclusive use of the following, namely, on Mark No. 1. the words 'Bedak

Botan", the Chinese characters"

      ", the representation of a peony except as shown on the Mark and the firm name appear- ing thereon; on Mark No. 2, the Chinese

characters "海棠粉" and "

in combination or separately and the firm name appearing thereon; and on Mark No. 3, the Chinese characters" and the firm name appearing thereon.

Dated the 27th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

Hong Kong.

22

in the name of The Sunbeam Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants in respect of Flashlights in Class 8 and is also intended to be used forthwith by the appli- cants in respect of Flashlight Cells in Class 8.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 27th day of September, 1935.

THE SUNBEAM MANUFACTURING CO.,

Applicants, Hong Kong.

in the name of Leung So Kee Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by Leung So Kee Firm in respect of Umbrellas in Class 50 since the year 1932.

Registration of this Trade Mark shall give no right to the exclusive use of the Chinese

characters "梁蘇記遮" appearing

thereon.

Dated the 27th day of September, 1935.

LEUNG SO KEE FIRM,

Applicants.

1882

(FILE NO. 337 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 340 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N

OTICE is hereby given that The Apol-NOTICE is hereby given that Zenith Radio Corporation, a corporation

linaris Company Limited, of 4 Stratford Place, Oxford Street, London, W.1. England, on the 24th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

Presta

in the name of the said Apollinaris Company Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect of the following goods respec- tively, in the following classes respectively, viz :-

Syrups, cordials and beverages included

in Class 42 and preparations in- cluded in Class 42 for making syrups, cordials and beverages; Mineral and aerated waters, natural and artificial including ginger beer in Class 44.

The Applicants disclaim the right to the ex- clusive use of the representation of the mug appearing in the mark.

Dated the 30th day of August, 1935.

HASTINGS & CO.,

Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE No. 342 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

organized and existing under the laws of the State of Illinois, U.S. A. with a principal office at 3620, Iron Street, City of Chicago, County of Cook, State af Illinois, United States of America, have on the 16th day of August, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ZENITH

in the name of Zenith Radio Corporation, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention so to use it forthwith, in respect of the following goods :-

Electrical apparatus, radio telephone and telegraph and signaling

and transmission-of-power apparatus, in Class 8. Dated the 30th day of August, 1935.

(FILE No. 347 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

OTICE is hereby given that the Amoy

(FILE No. 333 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Kwong Tin

No Canning Corporation Limited, of No. Tak Firework Manufacturing Company

NOTICE is hereby given that United States ADIDĦTAJ) States)

Drug Store, of No. 5, Wing Lok Street, Ground floor, Victoria, in the Colony of Hong Kong, have on the 16th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

名著界世、

丸 百科司美製

MESCO

Special

The Most Acute

Effective And Chronic

DIRECTIONS

2 TABLETS A TIME

ONE HOUR AFTER EVERY

MEAL THREE TIMES A DAY SOTE AGENTS & DISTRIBUTOR:-

THE UNITED STATES DRUG STORE.

HONGKONG.

of New Kowloon Inland Lot No. 53, Kowloon, in the Colony of Hong Kong, General Merchants,

on the 22nd day of August, 1935, applied for

registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

司公限有頭罐同大化淘門厦

Floor, Hong Kong, have on the 7th day of

August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark :-

705

¡MADE

MINA

THE AMOY CANNING CORPORATION LTD.

in the name of the Amoy Canning Corporation

Limited, (廈門淘化大同灌頭

in the name of United States Drug Store, who) who claim to be the pro-

claim to be the proprietors thereof.

     The Trade Mark has been used by the Ap- plicants since the year 1934 in Class 3 in res- pect of Medicines and Medicated Articles.

     The applicants disclaim the right to the ex- clusive use of the word "Special" appearing thereon.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of August, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicants, York Building, Second floor,

Hong Kong.

prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 42 in respect of Preserved meats, fruits, vegetables, soy and other preserved edibles.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 30th day of August, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

徳天光

TJAP KING KONG

KHONG TIN TAK MONG KORS

in the name of Kwong Tin Tak Firework Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Fireworks and firecrackers in Class 20.

Representations of the Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 30th day of August, 1935.

KWONG TIN TAK FIREWORK MFG.,

COMPANY.

Hong Kong, Applicants.

!

1885

(FILE No. 338 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Indian Refin-

ing Company, a corporation organized and existing under the laws of the State of Maine, United States of America, located at Lawrenceville, State of Illinois, United States of America, Manufacturers, have on the 23rd day of April, 1935, applied for the registration

NOTICE

(FILE NO. 331 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Societa Anonima Egidio Galbani of Melzo, Italy, a company incorporated under the laws of Italy, have, by two in Hong Kong, in the Register of Trade Marks, applications both dated the 4th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

of the following Trade Mark :-

HAVOLINE

in the name of Indian Refining Company, who claim to be the sole proprietors thereof.

    The Trade Mark has been used by the Appli- cants in respect of Candles, common soap, detergents, illuminating, heating, or lubricat- ing oils, matches, and starch, blue and other preparations for laundry purposes in Class 47.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of August, 1935.

WILKINSON AND GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

AEGIDIO GAL

BANIE

(1)

SPOST

SOCAN EGIDIO GALBANIZOSOCA

PROM

(2)

સરગવા

ભારત તેના

N

(FILE No. 346 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Tat Hing

Company, (A) of No.

95 Jervois Street, (2nd floor), Hong Kong, have, by an application dated the 21st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

*****

MELES

Sex An FOD AURAN

Kecin

ITALIAN --

ROQUEFORT

CORBU ESDW GALEG

FORMARG

REGINA

ALIAN

BE IN FOLDS GALDAM

T

Recina

ROQUEFORT

MELZ

FORMAU

REGINA

SAS ECIDIOURDAN

ITALIAN

ROQUEFORT

MELZO

ROQUEFORT ITALIAN

GA DAY

ROQUEFORT

興達

in the name of the said Tat Hing Company,

who claim to be the proprietors thereof.

   The said Trade Mark has been used by the applicants in respect of Singlets, and it is their intention to use it forthwith in respect of underwear and hosiery in Class 38.

   Registration of the said Trade Mark shall give no right to the exclusive use of the

66

Chinese characters 達興公司

appearing thereon.

Dated the 30th day of August, 1935.

""

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building,

Hong Kong.

in the name of the said Societa Anonima Egidio Galbani who claim to be the proprietors thereof.

The said trade marks have been used by the Applicants in respect of Cheese, Butter, Milk Products in general, Hams, Bacon, Canned goods (meats, luncheon, cheese fruits) and processed cheese in Class 42.

Registration of Mark No. (2) shall give no right to the exclusive use of all the words appearing thereon except the word "REGINA" and the name of the Applicant Company.

Dated the 30th day of August, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

(FILE No. 328 OF 1935) -

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

1884

OTICE is hereby given that Pun Kai

Trade and Shipping Returns for the month of September, 1935.

Shiu () of No. 161 Des COMPILED by the Statistical

Vœux Road Central, (ground floor), Victoria, in the Colony of Hong Kong, have on the 30th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

宮之寶

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers

18, Ice House Street.

in the name of Pun Kai Shiu, who claims to be

the proprietor thereof.

The above Mark has been used by the Appli- cant since May, 1935, in respect of Substances used as Chinese Medicine in Class 3.

Dated the 23rd day of August, 1935.

DENNYS & CO., Solicitors for the Applicant, The National Bank Building,

Hong Kong.

ORDINANCES FOR 1934.

BOUND

DOUND volumes of Ordinances of Hong Kong, including Pro- clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

Price per volume: $3

NORONHA & CO.

18, Ice House Street.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

+

1886

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 338.-The following Bills are published for general information:-

[No. 29 :-9.10.35.-6.]

A BILL

Short title.

Interpreta- tion.

Ordinance

No. 35 of 1932.

42 & 43

Vict., c. 19,

s. 3.

2 Edw. 7,

c. 28, s. 5.

15 & 16 Geo. 5, c. 51, s. 3.

Ordinance No. 35 of 1935.

Grounds on

which a married

woman may apply for an order.

58 & 59

Vict., c. 39, s. 4.

2 Edw. 7, c. 28, s. 5

(1).

15 & 16 Geo. 5, c. 51, s. 1 (1) & (2).

Ordinance No. 2 of 1865.

INTITULED

An Ordinance to make better provision in this Colony for the granting by magistrates of separation and maintenance orders.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Separation and Maintenance Orders Ordinance, 1935.

2. In this Ordinance-

Wife" and "married woman mean the wife of any man by any Christian marriage or its civil equivalent recog- nised by the law of this Colony, and, where no such marriage subsists, include--

(a) the kit fat or tin fong spouse of any Chinese man, married to him in accordance with the laws or customs of China;

(b) any woman married to any man, not being Chinese, by a non-Christian customary marriage, duly celebrated ac- cording to the personal law and religion of the parties.

<<

Christian marriage or its civil equivalent same meaning as in the Divorce Ordinance, 1932.

" has the

"Habitual drunkard "

    and " drug addict mean a per- son who is, by reason of habitual intemperate drinking of intoxicating liquor, or habitual taking or using, except upon and in accordance with medical advice, of opium, or any dangerous drug within the meaning of the Dangerous Drugs Ordinance, 1935, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, and his or her affairs.

3. Every married woman whose husband---

(a) has been convicted summarily, under section 38 of the Offences against the Person Ordinance, 1865, of an assault upon her which in the opinion of the convicting magistrate is of an aggravated character;

(b) has been convicted upon indictment of an assault upon her, and sentenced to pay a fine of more than one hundred dollars or to a term of imprisonment exceeding two months;

(c) has deserted her;

(d) has been guilty of persistent cruelty to her or her children;

1887

(e) has been guilty of wilful neglect to provide reason- able maintenance for her or her infant children whom he is legally liable to maintain;

(f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;

(g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict,

may apply to a magistrate for an order under this Ordinance. Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself.

4. The husband of every married woman who-

Grounds on which the

(a) has been guilty of persistent cruelty to his children; husband of (b) is a habitual drunkard or a drug addict,

may apply to a magistrate for an order under this Ordinance.

a married woman may

apply for an order.

2 Edw. 7, c. 28, s. 5 (2).

15 & 16 Geo. 5, c. 51, s. 1 (3).

5. On any application under section 3 or 4, the magis- Fowers of

Magistrate. trate may make one or more orders containing all or any of the following provisions :--

58 & 59 Vict., c. 39, s. 5.

10 & 11 Geo.

(a) that the applicant be no longer bound to cohabit with her husband, or, as the case may be, that the applicant be 5, c. 63, s. 1. no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);

(b) that the legal custody of any children of the marriage be committed to the husband, or to his wife;

(c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum, not exceeding fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable;

(d) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum not exceeding ten dollars for the maintenance of each child of the marriage committed to her custody under paragraph (b) until such child attains the age of sixteen years;

(e) a provision for payment by the husband or his wife, or both of them, of such reasonable costs of the parties or either of them as the magistrate may think fit.

6. (1) No order shall be made under this Ordinance Limitation of if it is proved that the applicant has committed an act of powers of adultery:

magistrate.

58 & 59

S. 6.

Provided that the husband, or as the case may be, the Vict., c. 39, wife, of the applicant has not condoned, or connived at, or 15 & 16 Geo. by his or her wilful neglect or misconduct conduced to such 5, c. 51, s. 1 (4). act of adultery.

Magistrate

may vary or discharge order.

58 & 59 Vict., c. 39, s. 7.

Magistrate may refuse an order in

cases more

fit for the Supreme Court.

1888

(2) No order made under this Ordinance shall be en- forceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of three months after it is made the married woman and her husband continue to reside together.

7. Any magistrate may on the application of the married woman or her husband, and upon cause being shown on fresh evidence at any time alter, vary or discharge any order made under this Ordinance, and may from time to time increase or diminish the amount of any weekly payment ordered to be made, so that the same do not in any case exceed such weekly sum as might be ordered to be paid under section 5.

If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband, or as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged:

Provided that if the order was made on the application of a married woman, the magistrate may, if he thinks fit-

(a) refuse to discharge the order if in his opinion such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the magistrate he was able to make under the order; and

(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum not exceeding ten dollars until the child attains the age of sixteen years. In making such an order the magistrate shall have regard primarily to the interests of the children.

8. If in the opinion of a magistrate the matters in question between the parties or any of them would be more conveniently dealt with by the Supreme Court, the magistrate may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal 58 & 59 Vict. conferred by the Magistrates Ordinance, 1932, no appeal shall lie from the magistrate's decision: Provided that the Supreme Court shall have power by order in any proceeding in the Supreme Court relating to or comprising the same subject matter as the application so refused as aforesaid, or any part thereof, to direct the magistrate to rehear and determine the same.

c. 39, s. 10.

Ordinance No. 41 of 1932.

Power to

payments

cation for

maintenance

9.-(1) Where on the hearing of an application for an order interim order of maintenance, the application is adjourned for any where appli- period exceeding one week, the magistrate may order that the husband do pay to the wife or to the magistrate's clerk is adjourned. Or any third person on her behalf a weekly sum, not exceed- 15 & 16 Geo. ing such an amount as might be ordered to be paid under a final order, for the maintenance of the wife and any child or children in her custody until the final determination of the case:

5, c. 51, s. 6.

Provided that the order directing such payment shall not remain in operation for more than three months from the date on which it was made.

1889

(2) Any such order shall be enforced in like manner as if it were a final order of the magistrate.

address.

10. Any person for the time being under an obligation to Notice of make payments, including costs, under an order under this change of Ordinance shall give notice to such persons, if any, as may 15 & 16 Geo. be specified in the order of any change of address, and any 5, c. 51, s. 4. person failing to give such notice without reasonable excuse shall be liable on summary conviction to a fine not exceeding fifty dollars.

of orders as

s. 5.

11. Where an order under this Ordinance contains a Enforcement provision committing to the applicant the legal custody of any to custody of children of the marriage, a copy of the order may be served children. upon any person in whose actual custody the children may 15 & 16 Geo. for the time being be, and thereupon the provision may, with- 5, c. 51, out prejudice to any other remedy open to the applicant, be enforced under subsection (2) of section 34 of the Magis- Ordinance trates Ordinance, 1932, as if it were an order of the magis- No. 41 of trate requiring that person to give up the children to the applicant.

1932.

12. All applications under this Ordinance shall be made Procedure. and be dealt with and all orders be enforced in accordance with the Magistrates Ordinance, 1932.

Ordinance No. 41 of 1932.

13. The Married Women (Desertion) Ordinance, 1905, Repeal of is repealed.

Ordinance No. 10 of 1905.

Objects and Reasons.

The object of this Ordinance is to incorporate in the local law relating to husband and wife the amendments effected in England by the Married Women (Maintenance) Act, 1920, (10 & 11 Geo. 5, c. 63), the Summary Jurisdiction (Separation and Maintenance) Act, 1925, (15 & 16 Geo. 5, c. 51), and section 5 of the Licensing Act, 1902, (2 Edw. 7, c. 28), (relating to habitual drunkards).

2. The definition of "married woman" in Section 2 of this Ordinance makes it clear that the Ordinance is intended to apply primarily to the parties to a marriage as defined in the Divorce Ordinance, 1932, but the provisions of section 2 of Ordinance No. 10 of 1905 extending the operation of that Ordinance to Chinese and other customary marriages" duly celebrated according to the personal law and religion of the parties" have been retained for the benefit of the large non- European population of this Colony. The racial distinction between Asiatics and others contained in section 2 of Ordi- nance No. 10 of 1905 has however been abolished, except as regards a Chinese first (or kit fat) marriage, or a marriage between a Chinese widower and his second (or tin fong) spouse, where it is necessary to define the two recognised forms of Chinese customary marriage.

3. The Married Women (Desertion) Ordinance, 1905, is repealed by Saction 13 of this Ordinance, and its provisions recast, together with the amendments, as shown in the attached Table of Correspondence.

C. G. ALABASTER,

Attorney General.

October, 1935.

1890

TABLE OF CORRESPONDENCE.

BETWEEN

THE MARRIED PERSONS (SEPARATION AND MAINTENANCE)

ORDINANCE, 1935,

AND

The Summary Jurisdiction (Married Women) Act, 1895, (58 & 59

Vict., c. 39),

The Married Women (Maintenance) Act, 1920, (10 & 11 Geo. 5, c. 63), The Summary Jurisdiction (Separation and Maintenance) Act, 1925,

(15 & 16 Geo. 5, c. 51), and

Section 5 of the Licensing Act, 1902, (2 Edw. 7, c. 28),

showing the corresponding sections of the Married Women (Desertion)

Ordinance, 1905, (No. 10 of 1905).

Section of Section of

this Ordinance.

English Act.

Section of

Ordinance

No. 10 of

1905.

Remarks.

1

2

42 & 43 V., c. 19, s. 3.

2 E. 7, C. 28, s. 5.

15 & 16 G. 5, c. 51,

s. 3.

1

2, 8

3

58 & 59 V.,

3

c. 39, s. 4.

2 E. 7, c.

28, s. 5 (1). 15 & 16 G.

5, c. 51, s. 1 (1) & (2).

Short title.

Incorporates, with amendments, the definition contained in the old Ordinance; "spouse" used in preference to "wife" as applied to a Chinese customary marriage.

66

Christian marriage or its civil equivalent defined as in the Divorce Ordinance, 1932.

66

Definition of habitual drunk- ard', as defined in s. 3 (b) of the Habitual Drunkards Act, 1879, applied by s. 5 of the Licensing Act, 1902, and extended to drug ad- dicts by s. 3 of the Sum- mary Jurisdiction (Separa- tion and Maintenance) Act, 1925, with the addition of the words and in accord- ance with" before "medical advice "; "the Dangerous Drugs Ordinance, 1935," for the Dangerous Drugs Acts, 1920 and 1923 ".

""

"

English provisions combined; "under section 38 of the Offences against the Person Ordinance, 1865, of an assault upon her which in the opinion of the convicting magistrate is of an aggravat- ed character, for of an aggravated assault upon her within the meaning of sec- tion forty-three of the Offen- ces against the Person Act, 1861,

as the word "aggra- vated" appears in the Eng- lish Act but not the local Ordinance; "one hundred dollars" for "five pounds"; "magistrate" for "court" in this section and in sections 5, 7, 9 and 11.

""

"

1891

Table of Correspondence,-Continued.

Section of Section of

this Ordinance.

English Act.

Section of Ordinance No. 10 of 1905.

Remarks.

4

2 E. 7, c.

28, s. 5 (2).

15 & 16 G.

5, c. 51, s.

1 (3).

5

58 & 59 V.,

4

c. 39, s. 5.

10 & 11 G.

5, c. 63, s. 1.

6 (1)

7

(2)

58 & 59 V., c. 39, s. 6.

15 & 16 G.

5, c. 51, s. 1 (4).

58 & 59 V.,

c. 39, s. 7.

8

58 & 59 V., c. 39, s. 10.

СЛ

5

A new section, enabling a hus- band to apply for an order on the same grounds as in England.

English provisions combined: court". "magistrate" for

etc.; wording of paras. (a), (b) and (c) amended by the substitution where neces- sary of "wife" for "applic- ant, since a husband may apply for an order under s. 4; "while under the age of sixteen years

omitted in

66

para. (b), (cf. para. (d), which provides for mainten- ance by the husband till the children attain sixteen years); fifty dollars" for "two pounds" in para (c); "magistrate's clerk" for "any officer of the court" in paras. (c) and (d); ten dollars" for "ten shillings" in para. (d); costs of the court" omitted in para. (e), there being no such costs in a local magistrate's court.

6 6

English provisions combined and amended to make this sec- tion apply to an application by a husband under s. 4.

CO

6

64

court" for

Ordinance

66

"magistrate for

etc.;

Act in this section and in SS. 9 and 10; such weekly sum as might be ordered to be paid under section 5 for the weekly sum of two pounds "; pro- visions relating to discharge of an

order amended to apply to an order obtained by a husband under s. 4; magistrate's clerk for "any officer of the court", and "ten dollars" for "ten shillings", in para. (b) of proviso.

"magistrate" for "court" etc.; "Supreme Court" for "High Court"; "Ordinance" for "Act"; "without prejudice to the general right of appeal conferred by the Magistrates Ordinance, 1932," inserted for clearness, there being no

1892

Table of Correspondence,-Continued.

Section of

this Ordinance.

Section of English Act.

Section of Ordinance No. 10 of 1905.

Remarks.

section in this Ordinance to correspond with section 11 of the Act 58 & 59 Vict. c. 39, relating to appeals; 66 or a judge thereof" omitted, as the Supreme Court includes a judge sitting separately, in court or in chambers (v. Úrlin- ance No. 3 of 1873, s. 2 (a)).

for court

etc.; "magistrate's clerk" officer of the

a

15 & 16 G. 5, c. 51, s. 6.

""

magistrate "

for court".

""

an

10

15 & 16 G. 5, c. 51, s. 4.

Ordinance

""

11

15 & 16 G.

5, c. s. 5.

51,

12

7

13

for

66

Act ;

"

(4

fifty dollars for two pounds "

Ordinance

for

Act

"magistrate" for "court"; "subsection (2) of section 34 of the Magistrates Ordi- nance, 1932" for "sub- section (2) of section thirty- four of the Summary Juris- diction Act, 1879 ".

Procedure.

Repeals Ordinance No. 10 of

1905.

1

1893

[No. 34-14.10.35.-1.]

A BILL

INTITULED

An Ordinance to amend the law relating to the custody of

infants.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Infants Custody Short title. Ordinance, 1935.

as to

of infants.

49 & 50 Vict.

2. (1) The court, upon the application of the father or Court may the mother of any infant, and whether or not the mother is make orders then residing with the father, may make such order as it custody and may think fit regarding the custody of such infant and the maintenance right of access thereto of either parent, having regard to the welfare of the infant, and to the conduct of the parents, and c. 27, s. 5; to the wishes as well of the mother as of the father, and may 15 & 16 Geo.

                                   5, c. 45, further order that the father shall pay to the mother towards the maintenance of the infant such weekly or other periodical 18 & 19 Geo. sum as the court, having regard to the means of the father, may think reasonable.

(2) No such order, whether for custody or maintenance, shall be enforceable and no liability shall accrue while the mother resides with the father, and any such order shall cease to have effect if for a period of three months after it is made the mother of the infant continues to reside with the father.

(3) The court may alter, vary or discharge any order made under sub-section (1) on the application of either parent, or, after the death of either parent, of any guardian of the infant, and in every case may make such order respecting the costs of the mother and the liability of the father for the same or otherwise as to costs as the court may think just.

s. 3;

5, c. 26,

s. 16.

infant in case of

deed

3. No agreement contained in any separation deed made Custody of between the father and mother of an infant shall be held to be invalid by reason only of its providing that the father of separation such infant shall give up the custody or control thereof to between the mother:

father and mother.

c. 12, s. 2.

Provided that no court shall enforce any such agreement 36 & 37 Vict. if the court is of opinion that it will not be for the benefit of the infant to give effect thereto.

an Enforcement

4. (1) Any person for the time being under

for payment obligation to make payments in pursuance of any order for of orders the payment of money under this Ordinance shall give notice of money. of any change of address to such person, if any, as may be 15 & 16 Geo. specified in the order, and any person failing without reason- 5, c. 45, able excuse to give such a notice shall be liable on summary conviction to a fine not exceeding fifty dollars.

s. 8.

:

Extension of jurisdic- tion to magistrates.

15 & 16 Geo. 5, c. 45, s. 7.

Ordinance No. 41 of 1932.

Ordinance

No. 41 of 1932.

Repeal of Ordinance No. 2 of 1886.

1894

(2) Where the Supreme Court has made any such order, the court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where there is any pension or income payable to the person against whom the order is made and capable of being attached, after giving the person by whom the pension or income is payable an opportunity of being heard, to order that such part as the court may think fit of any such pension or income, be attached and paid to the person named by the court, and such further order shall be an authority to the person by whom such pension or income is payable to make the payment so ordered, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the person by whom the pension or income is payable.

5. (1) In this Ordinance the expression "the court" shall also include a magistrate:

Provided that a magistrate shall not be competent-

(a) to entertain any application, other than an applica- tion for variation or discharge of an existing order under this Ordinance, relating to an infant who has attained the age of sixteen years, unless the infant is physically or mentally incapable of self-support; or

(b) to award the payment of sums towards the mainten- ance of any infant exceeding ten dollars a week.

(2) The provisions of the Magistrates Ordinance, 1932, shall apply to every proceeding before, and every order by a magistrate under this section, and-

(i) the application may be heard and determined other- wise than in open court;

(ii) where the magistrate considers that the matter is one which would more conveniently be dealt with by the Supreme Court, he may refuse to make an order, and in such case, without prejudice to the general right of appeal conferred by the Magistrates Ordinance, 1932, no appeal shall lie from the decision of the magistrate;

(iii) an order for the payment of money shall be enforce- able in like manner as an order for the payment of a civil debt recoverable summarily before a magistrate;

(iv) where an order contains a provision committing to the applicant the legal custody of any infant a copy of the order may be served on any person in whose actual custody the infant may for the time being be, and thereupon the provision may, without prejudice to any other remedy open to the applicant, be enforced under sub-section (2) of section 34 of the Magistrates Ordinance, 1932, as if it were an order of the magistrate requiring that person to give up the infant to the applicant.

6. The Infants Custody Ordinance, 1886, is repealed.

(

1895

Objects and Reasons.

1. This Ordinance repeals the Infants Custody Ordin- ance, No. 2 of 1886, and enacts in its place new provisions relating to the custody of infants based upon corresponding provisions in the Guardianship of Infants Acts, 1886 (49 & 50 Vict. c. 27) and 1925 (15 & 16 Geo 5, c. 45), with the amendment contained in section 16 of the Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26).

2. Section 3 of this Ordinance re-enacts section 2 of the Custody of Infants Act, 1873 (36 & 37 Vict. c. 12) (= section 3 of Ordinance No. 2 of 1886), and section 5 of this Ordinance extends to magistrates the jurisdiction given to courts of summary jurisdiction in England by section 7 of the 1925

Act.

3. The attached Table of Correspondence shows the source of each section of this Ordinance and the variations, if

any, from the corresponding section of the English Act.

October, 1935.

C. G. ALABASTER,

Attorney General.

1896

TABLE OF CORRESPONDENCE.

BETWEEN

THE INFANTS CUSTODY ORDINANCE, 1935,

AND

Section 2 of the Custody of Infants Act, 1873 (36 & 37 Vict. c. 12),

Section 5 of the Guardianship of Infants Act, 1886 (49 & 50 Vict.

c. 27),

Sections 3, 7 and 8 of the Guardianship of Infants Act, 1925, (15 &

16 Geo. 5, c. 45),

and Section 16 of the Administration of Justice Act, 1928 (18 & 19

Geo. 5, c. 26).

Section

of this

Ordinance.

Corresponding section of English Act.

Remarks.

1

2

49 & 50 Vict.

c. 27, s. 5.

LO

5

15 & 16 Geo. 5, c. 45, s. 3.

18 & 19 Geo. 5, c. 26, s. 16.

36 & 37 Vict.

c. 12, s. 2.

15 & 16 Geo. 5, c. 45, s. 8.

15 & 16 Geo. 5, c. 45, s. 7.

Short title.

49 & 50 Vict. c. 27, s. 5, with the

following amendments:-

s.s. (1) "upon the application either of the father or the mother of any infant' -see 18 & 19 Geo. 5, c. 26, s. 16; "who may apply without next friend" omitted; "and whether or not the mother is then residing with the father" -see 15 & 16 Geo. 5, c. 45 (1) and (2);

"and may further order that the

father shall pay......reasonable" -see 15 & 16 Geo. 5, c. 45, s. 3 (2);

s.s. (2) "No such order..

..father"

-see 15 & 16 Geo. 5, c. 45, s. 3 (3);

s.s. (3) Power to alter, vary or dis- charge an order, contained in 49 & 50 Vict. c. 27, s. 5, combined with the power in 15 & 16 Geo. 5, c. 45, s. 3 (4).

s.s. (1) "this Ordinance" for "the Guardianship of Infants. Act, 1886, as amended by this Act";

"fifty dollars" for "two pounds";

s.s. (2) Supreme Court for "court";

s.s. (1) "this Ordinance" for the Guardianship of Infants Act", etc. Para. (b) of the proviso to s.s. (1) of the Act omitted, as no power relating to trust pro- perty is conferred by this Ordin- ance. In para. (b) of the proviso = para. (c) of the Act, "ten dollars" for "twenty shil- lings".

Section

of this Ordinance.

1897

Table of Correspondence,-Continued.

Corresponding section of

English Act.

Remarks.

1

s.s. (2) makes proceedings before and orders by magistrates under this Ordinance subject to the pro- visions of the Magistrates Ordin- ance, No. 41 of 1932, and in- corporates, as paragraphs (i) to (v) the substance of sub-sections (2) to (5) of section 7 of the Act.

Repeal of the Infants Custody Ordin-

ance, No. 2 of 1886.

ķ

1898

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 339.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

1st November, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 340.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. must comply with the

Steerage passengers vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

1st November, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

No. S. 301.

1926.

D. W. TRATMAN,

Colonial Secretary.

1899

LICENSING SESSIONS.

MAGISTRACY.

No. S. 341.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Friday, the 8th day of November, 1935, at 3.30 p.m., at which the following further application will be considered under the Liquors Ordinance, 1931.

The applicant for Licence, and persons objecting to such application, must appear in person.

No.

Name of Applicant.

Description of Licence applied for.

Sign of House.

Situation of House.

1

Liu Tai Hong.

Hotel Keeper's Adjunct Licence.

Wo Ping Hotel.

30th October, 1935.

345, Nathan Road, ground to 3rd floors,

343 and 347, Nathan Road,

1st to 3rd floors.

Whether the applicant

has held a licence of the same kind to sell liquor in the Colony and, if so, for how long.

New application.

S. F. BALFOUR,

Secretary to the Licensing Board.

POLICE DEPARTMENT.

No. S. 342.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of meals to Chinese prisoners, Witnesses and Deportees", for one year from 1st January, 1936, will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of November, 1935.

Meals to be supplied as under :-

Prisoners and Witnesses at Police Headquarters.

Deportees at Police Headquarters.

For further particulars and forms of tender apply at Police Headquarters. The Government does not bind itself to accept the lowest or any tender.

1st November, 1935.

D. BURLINGHAM, Inspector General of Police.

POLICE DEPARTMENT.

No. S. 343.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Brass Dog Licence Badges", will be received at the Colonial Secretary's Office until noon of Friday, the 15th day of November, 1935.

More or less 5,000 Brass Dog Licence Badges of approved shape.

No tender will be received, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $30 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person fails or refuses to carry out his tender, should the tender be accepted.

For further particulars and forms of tender apply at Police Headquarters. The Government does not bind itself to accept the lowest or any tender.

D. BURLINGHAM, Inspector General of Police.

1st November, 1935.

!

1900

POLICE DEPARTMENT.

No. S. 344.-It is hereby notified that separate sealed tenders in triplicate, which should be clearly marked "Tender for Photographing", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of November, 1935, for Photograph- ing during one year, commencing from 1st January, 1936, certain persons, and the supply of two and in some cases more unmounted copies of each photograph.

Vehicle Drivers and Chair Bearers Suspicious Characters...

Prisoners

Dead Bodies...

Extra copies.

2 copies of each.

1 copy.

...

4 copies of each.

4 copies of each.

For further particulars and forms of tender apply at Police Headquarters. The Government does not bind itself to accept the lowest or any tender.

D. BURLINGHAM, Inspector General of Police.

1st November, 1935.

HONG KONG NAVAL VOLUNTEER FORCE.

   No. S. 345.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Painting and Repairs of H.M.S. Cornflower'", will be received at the Colonial Secretary's Office until Noon of Monday, the 11th day of November, 1935. The work comprises painting and repairs set forth in the Schedule.

   For form of tender, specification and further particulars apply at the Office of the Force Paymaster, Pay-Lieut. S. H. Ross, H.K.N.V.F. of PERCY SMITH, SETH & FLEMING, Bank of Canton Building.

The Government does not bind itself to accept the lowest or any tender.

A. L. SHIELDS,

Commanding Officer, H.K.N.V.F.

25th October, 1935.

HARBOUR DEPARTMENT.

   No. S. 346.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to R. T. Kausing' will be received

<

>

 at the Colonial Secretary's Office until Noon of Friday, the 15th day of November, 1935.

   A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

:

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the Tug to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

Harbour Master.

26th October, 1935.

1901

DISTRICT OFFICE, SOUTH.

  No. S. 347.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a m., on Friday, the 15th day of November, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

  The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements,

Registry No.

Locality.

Contents in

Annual

Upset

Crown

Square feet.

Price.

Rent.

N.

S.

E.

W.

$

$

Keung Shan.

500

LO

1.00

Lantao

Demarcation District

No. 311, Lot No. 706.

1st November, 1935.

Subject to readjustment as provided by the Conditions of Sale.

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 348.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of November, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $500.

1901

DISTRICT OFFICE, SOUTH.

  No. S. 347.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a m., on Friday, the 15th day of November, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

  The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements,

Registry No.

Locality.

Contents in

Annual

Upset

Crown

Square feet.

Price.

Rent.

N.

S.

E.

W.

$

$

Keung Shan.

500

LO

1.00

Lantao

Demarcation District

No. 311, Lot No. 706.

1st November, 1935.

Subject to readjustment as provided by the Conditions of Sale.

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 348.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of November, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $500.

1902

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

in

Annual

Upset

Crown

Square feet.

Price.

Rent.

N.

E.

W.

Lantao

Demarcation District

No. 311,

Lot No. 707.

1st November, 1935.

Keung Shan.

$

$

600

6

1.00

Subject to

readjustment as

provided by the Conditions of Sale.

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

District OFFICE, SOUTH.

No. S. 349.--It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., ou Friday, the 15th day of November, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

in

Upset

Crown

Square feet.

Price.

Rent.

N.

S.

E.

W.

Lantao Plateau Lot No. 113.

Ngon Ping.

:

:

:

800

Subject to readjustment as provided by the Conditions of Sale.

-€

1st November, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1

1902

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

in

Annual

Upset

Crown

Square feet.

Price.

Rent.

N.

E.

W.

Lantao

Demarcation District

No. 311,

Lot No. 707.

1st November, 1935.

Keung Shan.

$

$

600

6

1.00

Subject to

readjustment as

provided by the Conditions of Sale.

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

District OFFICE, SOUTH.

No. S. 349.--It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., ou Friday, the 15th day of November, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

in

Upset

Crown

Square feet.

Price.

Rent.

N.

S.

E.

W.

Lantao Plateau Lot No. 113.

Ngon Ping.

:

:

:

800

Subject to readjustment as provided by the Conditions of Sale.

-€

1st November, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1

1903

DISTRICT OFFICE, SOUTH.

  No. S. 350.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of November, 1935.

  The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

  The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale $750.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents

in Square feet.

Annual

Upset

Crown

Price.

Rent.

N.

S.

E.

W.

$

$

Lantao Plateau

Ngon Ping.

Lot No. 114.

900

9

1 50

:

:

:

1st November, 1935.

Subject to readjustment as

provided by the Conditions of

Sale.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

DISTRICT OFFICE, TAI Po.

  No. S. 351.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 20th day of November, 1935.

  The Lot is let for the term of one year from the 1st day of July, 1935, as an Orchard lot subject to Special Condition hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Acres.

Upset Price.

Annual Crown Rent.

No. D.D.

Lot.

N.

S.

E.

W.

feet. feet. feet. feet.

$

$

1

7

1851

Tai Hang.

As per plan deposited in the District Office, North.

9.60 acres.

Nil. 19.20

SPECIAL CONDITION.

The successful bidder shall pay to the Licensee of Forestry Lot No. 577 the sum of $322.50 as compensation for 1650 fir trees growing on the Lot.

30th October, 1935.

T. MEGARRY, District Officer, North.

-

1904

DISTRICT OFFICE, TAI PO.

No. S. 352.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 20th day of November, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 and 2 as Building Lots. Serial No. 3 as an Orchard Lot. Serial Nos. 4 to 13 as Orchard and Agricultural Lots and Serial No. 14 as an Agricultural and Garden Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 and 2 are further subject to Special Condi- tion No. 2 (a). Serial Nos. 3 to 14 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification. Serial Nos. 3 to 13 are further subject to Special Conditions hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,750 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents in Acres, or Square

Annual

Upset

Crown

Price.

Rent.

No. D. D.

Lot.

N.

S.

E.

W.

feet.

feet.

feet. feet.

feet.

1

LO

5

690

Chuk Hang.

As per plan deposited in the District Office, North.

2,850 sq. ft.

29

3.50

93

3752

Liu Pok.

325

4

.50

""

""

3

10

5

689

San Wai Tsai.

""

1'63 acres.

178

1.70

4

187

222

Kang Hau.

*02

3

.10

""

""

LO

5

223

*02

3

.10

""

""

""

CO

6

7

224

*02

GO

3

.10

""

19

""

499

*50

55

.50

""

>>

500

*02

3

.10

""

9

411

·02

3

.10

"

""

10

412

•13

15

.20

""

""

""

"

11

414

15

17

.20

"

19

"

12

13

23

497

498

·83

91

.90

"

*37

4 1

.40

""

""

""

14

95 1983

Ku Tung.

*38

83

1.20

""

SPECIAL CONDITIONS TO SERIAL No. 3.

1. The successful bidder shall pay to the Licensee of Foresty Lot No. 4 the sum of $8.50 as compensation for 50 fir trees growing on the Lot.

1905

2. The Purchaser shall within two years from the date of sale plant and trees on the Lot to the satisfaction of the District Officer, North.

SPECIAL CONDITION TO SERIAL Nos. 4 TO 13.

grow fruit

5% of each of the Lots shall be planted with fruit trees within 24 months from the date of sale and the remainder shall be cultivated to the satisfaction of the District Officer, North.

30th October, 1935.

T. MEGARRY, District Officer, North.

PUBLIC WORKS DEPARTMENT.

 No. S. 353.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to Grab Dredger No. 2", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 12th day of November, 1935, for slipping, repairing and painting Government Grab Dredger No. 2.

A list of work may be obtained at the Government Slipway, Yaumati.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

 No. S. 354.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Site Formation and Foundations to Flats for European MO's. at the Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 18th day of November, 1935. The work consists of site formation and foundations including an approach road, the erection of retaining walls and contingent works.

 As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit, in cash, a sum of $1,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

R. M. HENDERSON,

Director of Public Works.

1905

2. The Purchaser shall within two years from the date of sale plant and trees on the Lot to the satisfaction of the District Officer, North.

SPECIAL CONDITION TO SERIAL Nos. 4 TO 13.

grow fruit

5% of each of the Lots shall be planted with fruit trees within 24 months from the date of sale and the remainder shall be cultivated to the satisfaction of the District Officer, North.

30th October, 1935.

T. MEGARRY, District Officer, North.

PUBLIC WORKS DEPARTMENT.

 No. S. 353.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to Grab Dredger No. 2", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 12th day of November, 1935, for slipping, repairing and painting Government Grab Dredger No. 2.

A list of work may be obtained at the Government Slipway, Yaumati.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

 No. S. 354.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Site Formation and Foundations to Flats for European MO's. at the Queen Mary Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 18th day of November, 1935. The work consists of site formation and foundations including an approach road, the erection of retaining walls and contingent works.

 As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit, in cash, a sum of $1,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

R. M. HENDERSON,

Director of Public Works.

1906

PUBLIC WORKS DEPARTMENT.

  No. S. 355.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Road to Smugglers Pass", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 19th day of November, 1935. The work comprises all cutting and filling necessary to construct a road 18 feet wide on the line of the existing path, together with all necessary contingent works.

  The successful tenderer will be required to deposit the sum of $4,000 as security for the due and proper performance of the work.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 356.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Widening of Road from Jat Incline to Customs Pass will be received at the Colonial Secretary's Office until Noon of Tuesday, the 19th day of November, 1935. The work comprises all cutting and filling necessary to widen the existing road to 18-ft., together with all necessary contingent works.

  The successful tenderer will be required to deposit the sum of $2,000 as security for the due and proper performance of the work.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

No. S. 357.

R. M. HENDERSON,

Director of Public Works.

NOTICES TO MARINERS.

No. 82/1935.

The obstruction to the westward of Stonecutters Island has been removed.

Notice to Mariners No. 64/1935 is hereby cancelled.

25th October, 1935.

1906

PUBLIC WORKS DEPARTMENT.

  No. S. 355.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Road to Smugglers Pass", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 19th day of November, 1935. The work comprises all cutting and filling necessary to construct a road 18 feet wide on the line of the existing path, together with all necessary contingent works.

  The successful tenderer will be required to deposit the sum of $4,000 as security for the due and proper performance of the work.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 356.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Widening of Road from Jat Incline to Customs Pass will be received at the Colonial Secretary's Office until Noon of Tuesday, the 19th day of November, 1935. The work comprises all cutting and filling necessary to widen the existing road to 18-ft., together with all necessary contingent works.

  The successful tenderer will be required to deposit the sum of $2,000 as security for the due and proper performance of the work.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th October, 1935.

No. S. 357.

R. M. HENDERSON,

Director of Public Works.

NOTICES TO MARINERS.

No. 82/1935.

The obstruction to the westward of Stonecutters Island has been removed.

Notice to Mariners No. 64/1935 is hereby cancelled.

25th October, 1935.

1907

No. 85/1935.

In connection with the harbour dredging now in progress dredging and surveying operations will take place from time to time in the following area :-

Bounded by lines joining buoys A.1, A.2, A.11, A.14 and a position 1000 feet

south of Kowloon Point.

Masters of vessels are warned to keep clear of the dredging plant and all sampans, motor boats and buoys used on survey work. Craft used on survey work will carry a red flag. A good look out should be kept for all craft so employed.

Notice to Mariners No. S. 310 (No. 77 of 1935) is hereby cancelled.

Harbour Department,

30th October, 1935.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

No. S. 327.-It is hereby notified that the following Sale of Crown Land by Public Action, will be held at the Offices of the Public Works Department on Monday, the 4th day of November, 1935, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

N.

Contents in Sq. feet.

Annual

Upset

Rent.

Price.

E.

W.

feet. feet. feet. feet.

$

$

About

1

Rural Building

South Bay Road.

As per sale plan.

20,600

236

3,090

Lot No. 374.

18th October, 1935.

R. M. HENDErson,

Director of Public Works

PUBLIC WORKS DEPARTMENT.

No. S. 334.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to Grab Dredger No. 1 ", will be received at the Colonial Secretary's Office until Noon of Monday, the 4th day of November, 1935, for slipping, repairing and painting Government Grab Dredger No. 1.

A list of work may be obtained at the Government Slipway, Yaumati.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

21st October, 1935.

R. M. HENDerson,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG

(COMPANIES WInding Up.)

No. 5 of 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of the Outdoor Sports Equipment Company, Limited.

Y ORDER of the Court dated the 29th

B'day 1935, Messrs. Ch

F. Austin, D. L. Newbigging, Ngai Sze Yam, and C. C. Huang, all of Hong Kong, were appointed Committee of Inspection.

Dated the 29th day of October, 1935.

JAMES J. HAYDEN, Official Receiver and Liquidator.

1909

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Votice of Intended Dividend.

No. 10 of 1935.

Re Wing Tai Loong and Company, of

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of William Bowie Buyers sometime of Shanghai, China, but late of Alleyn Park Dulwich, Lon- don England, deceased.

is hereby given that the Court

No. 57 Wing Lok Street, Victoria, NOTICE. by virtue of Section 58 of the

in the Colony of Hong Kong.

FIRST and final dividend is intended to

Abe declared in this matter.

Creditors who have not proved their debts by the 30th day of November, 1935, will be excluded.

Dated the 1st day of November, 1935.

JAMES J. HAYDEN,

Official Receiver.

Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 22nd day of November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 25th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building, Ice House Street, Hong Kong.

+

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 22 of 1934.

Re Henry Cadogan Best residing at No. 327, Prince Edward Road, Kow- loon, in the Dependency of Hong Kong, Engineer.

FIRST and final dividend of $10.80 per

A cent has been declared in the above-

matter.

TOTICE is hereby given that the above-

the Official Receiver's Office, Victoria, aforesaid on the 4th day of November, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 1st day of November, 1935.

JAMES J. HAYDEN,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 39 of 1933.

Re Tat Fat Bank, of No. 61, Bonham Strand East, Victoria, in the Colony of Hong Kong.

FIRST and final dividend of $5.61 per

A cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said on the 4th day of November, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 1st day of November, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS

No. 20 of 1935.

In the Matter of Nickel & Lyons, Ltd.

and

In the Matter of the Companies Ordı-

nance, 1932.

OTICE is hereby given that a petition presented to the Supreme Court of

N Hong Kong, on the 19th day of September, N

1935, for confirming the reduction of the capital of the above mentioned Company from Yen 2,000,000 to Yen 1,700,000 is directed to be heard before his Lordship Sir Alasdair Duncan Atholl Macgregor on the Ninth day of December, 1935, at 10 o'clock in the forenoon. Any creditor or shareholder of the Company desiring to oppose the making of an order for the reduction of the capital of the said Com- pany under the above Ordinance should appear at the time of hearing by himself or his counsel for that purpose. A copy of the petition will be furnished to any creditor or shareholder of the Company requiring the same by the under- signed on payment of the regulated charges for the same.

Dated the 29th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors to the above named Company.

Prince's Buildings, Ice House Street, Hong Kong.

GRAND HOTEL DES WAGONS-LITS, LIMITED.

(INCORPORATED UNDER THE COMPANIES ORDIN- ANCES OF HONG Kong).

N

OTICE is hereby given that the Thirty- second Annual General Meeting of Share- holders of the Grand Hotel des Wagons-Lits, Limited, will be held at the Registered Office of the Company. Exchange Building. (2nd Floor) Des Voeux Road Central, Hong Kong on Wednesday, the 27th November, 1935, at 12.15 p.m. for the purpose of receiving a Statement of Accounts and the Report of the Directors for the year ended on the 30th June, 1935, and re-electing a Director and the Auditors.

By Order of the Board,

F. C. BARRY,

Acting Secretary.

Hong Kong, 15th October, 1935.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 53 of 1935.

In the Matter of Lane Crawford Limited.

and

In the Matter of The Companies Ordin-

ance, 1932

OTICE is hereby given that the Order of the Supreme Court of Hong Kong, dated the 28th day of October, 1935, confirming the reduction of capital of the above-named Com- pany from $900,000 to $750,000 and the Minute approved by the Court showing with respect to the capital of the Company as altered the several particulars required by the above mentioned Ordinance were registered by the Registrar of Companies on the 28th day of October, 1935.

Dated the 28th day of October, 1935.

DEACONS,

SOLICITORS FOR LANE CRAWFORD LTD

In the Matter of the Companies Ordin-

ance 1932,

and

In the matter of The Hoo Tin Restau-

rant Limited.

NOTION is

(In Liquidation).

of Section 224 of the Companies Ordin- ance, 1932, a General Meeting will be held at 2nd floor, of Eng Loong Restaurant, No. 318, Des Voeux Road, Central, Victoria, in the Colony of Hong Kong, on Saturday, 7th Decem- ber, 1935, the Creditors at 3.00 p.m. and the Members at 3.30 p.m. for the purpose of having an account laid before them, showing the man- ner in which the winding-up has been conduct- ed and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidators, and also determining by Extraordinary resolution the manner in which the books, accounts and records of the Company, and of the Liquidators thereof shall be disposed of.

Dated the 31st day of October, 1935.

高關何郭周

楚銘

珩起周林能

Liquidators.

1910

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 12 of 1934.

Re Kung Cheong Loon Firm, of No. 69, Connaught Road West, Victoria, in the Colony of Hong Kong. Merchants.

A FIRST and final $7.48

matter.

cent has been declared in the above

OTICE is hereby given that the above

the Office of the Trustee in Bankruptcy, 18 Bonham Strand West, Victoria, above men- tioned, on the 2nd November, 1935, between the hours of 10 a.m. and 5 p.m. and on any subsequent date during office hours.

Creditors applying for payment must produce any Bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 1st day of November, 1935.

CHAN SHI (or TSE) CHIU (7)

Trustee in Bankruptcy.

THE FAR EAST METAL-WARE MANUFACTURING COMPANY, LIMITED.

(MEMBERS' VOLUNTARY LIQUIDATION).

N OTICE is hereby given in pursuance of

        Section 225 of the Companies Ordinance | 1932, that a General Meeting of the members of the abovenamed Company will be held at the offices of Messrs. Geo. K. Hall Brutton & Co. Bank of East Asia Building, 8th floor, Des Vœux Road, Central, Victoria, Hong Kong, on Tuesday, the 3rd day of December, 1935, at 3 o'clock in the afternoon, for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted, and the property of the Company disposed of and of hearing any explanation that may be given by the Liquidator and also of determining by extraordinary resolution the manner in which the books, accounts, and documents of the Company, and of the liquida- tor thereof, shall be disposed of.

Dated the 1st day of November, 1935.

AT

LAM KWOK KWONG,

Liquidator.

In the Matter of the Companies Ordin-

ance, No. 39 of 1932,

and

In the Matter of Consolidated Holding

and Saving Corporation Limited.

T an Extraordinary General Meeting of the above Company duly convened and held at No. 7 Queen's Road Central, Victoria, in the Colony of Hong Kong, on the 28th day of Octo- ber, 1935, the following resolution was duly passed, as a Special resolution, viz :---

66

'That the Company be wound up volun- tarily and that Archibald Ritchie of the firm of Lowe, Bingham & Mat- thews, Victoria, Hong Kong, be appointed Liquidator for the pur- pose of such winding up ".

Dated this 30th day of October, 1935.

N. V. A. CROUCHER,

Witness to the signature

of N. V. A. Croucher.

Chairman.

O. E. C. Marton, Solicitor Hong Kong.

NOTICE.

NOTICE is hereby given that the Partner-

ship heretofore subsisting between us the undersigned carrying on business as Pawn- Brokers at No. 48 Second Street, Hong Kong, under the style or firm of Tak Shing Pawn

Shop() has been dissolved by

mutual consent as from the 29th day of Octo- ber, 1935, so far as concerns the undersigned Luk Yee Tong. All debts due to and owing by the said late firm will be received and paid respectively by the undersigned Chi Shing Tong and Fook Yue Tong who will continue to carry on the said business in partnership under the same style of the said late firm.

Dated the 29th day of October, 1935.

(六堂)

(LUK YEE TONG), Retiring Partner.

(志成堂)

(CHI SHING TONG).

(福裕堂)

(FOOK YUE TONG), Continuing Partners.

(FILE No. 336 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Hing Ah and Company, of No. 5 Hing Loong Street, Victoria, in the Colony of Hong Kong, have on the 12th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

梅皮陳

開胃生津

MARK

TRADE

* F

梅皮製精司公亞興潔

HING AH & Co.

HONGKONG.

CHAN PEE MOY

HING AH & Co.

PRESERVERS OF ALL KINDS OF FRUITS

HONGKONG. CANTON, & SHANGHAI, CHINA. MADE IN CHINA.

化痰止渴

司公亞與

in the name of Hing Ah and Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of substances used as food or as ingredients in food in Class 42.

The Trade Mark is associated with Trade Marks Nos. 338 of 1924, 10 to 12 of 1927, 73 of 1932, 175 and 176 of 1935.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 6th day of September, 1935.

DENNYS & CO., Solicitors for the Applicants, No. 8A, Des Voeux Road Central,

Hong Kong.

(FILE No. 427 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

TOTICE is hereby given that J. Thiriez

Faubourg de Béthune, Lille, in the Republic of France have on the 16th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

L. V.

PARIS

in the name of J. Thiriez Pere et Fils et Cartier-Bresson who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1931 in respect of sewing cotton and cotton yarn in Class 23.

The Registration of this mark shall give no right to the exclusive use of the letters "L. V." appearing thereon either in combination or separately.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of November, 1935.

WILKINSON AND GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 401 OF 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Li Ting Cheung, () trading as Po On Tong and as Ma-Li-U ( REEX of No. 22, West Street,

Z

Victoria, Hong Kong, has, by an application dated the 17th day of September, 1935, applied for the Registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Li Ting Cheung trading as Po On Tong and as Ma-Li-U, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Medicated Tea, Medi- cines and Medicated Articles in Class 3.

Dated the 4th day of October, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

1911

(FILE No. 388 of 1935)

TRADE MARKS ORDINANCE, 1909.

Νο

Application for Registration of a Trade Mark,

OTICE is hereby given that The Tai Tung Dispensary, of No. 54 Bonham Strand West, Victoria, in the Colony of Hong Kong, have on the 9th day of September, 1935, appli- ed for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

(FILE No. 272 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that C. M. Chau of No. 19 Sharp Street, and No.

15, Yu Wah Street, Victoria, in the Colony of Hong Kong, has on the 30th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

حبر

*

   in the name of the said Tai Tung Dispensary, who claim to be the proprietors thereof.

    The Trade Mark is intended to be used by the Applicants in respect of Chemical sub- stances prepared for use in medicine and Phar- macy in Class 3.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 4th day of October, 1935.

N

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

(FILE No. 400 of 1935) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Chon Fon Me-Chai Company of Shanghai,

China,(中國上海中方味齋廠)

having its branch office situate at No. 187 Wing Lok Street, West, Victoria, in the Colony of Hong Kong, General Merchants on the 17th day of September, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:--

水仙

ານ

齋味

ME-CHAI

TRADE

MARK

CROWN

in the name of C. M. Chau, who claims to be the proprietor thereof.

The Trade Mark has been used by the applicant since the beginning of this year in Class 8 in respect of Electrical flashlights and batteries.

A fascimile of such Trade Mark can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of October, 1935.

D'ALMADA REMEDIOS & CO., Solicitors for the Applicant, York Building, Second floor, Hong Kong.

(FILE NO. 343 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Batten and Company, (▲)

of China Building, Victoria, Hong Kong, Importers and Exporters

and General Merchants, have, by an application dated the 21st day of August,

1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

粉味調等優最

劑生先住濟王

品出瞅齋味方中海上國中

PRODUCED BY RYKWANG

MANUFACTURED BY

GEON FORYK-PHẠT C

CHINA

CHILD & RABBIT

in the name of The Chon Fon Me-Chai Com-

pany,(中國上海中方味齋廠)

who claim to be the proprietors thereof.

     The Trade Mark is intended to be used by the Applicants forthwith in Class 42 in respect

of Gourmet Powder.

Facsimiles of the above Trade Mark can be seen at the Office of the Registrar of Trade Marks and also at the undersigned.

     It is hereby stated that the registration of this mark gives no right to the exclusive use of the words "Me-Chai" and the Chinese Charac- ters"

appearing thereon.

Dated the 4th day of October, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

in the name of the said Batten and Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in respect of Milk in Class 42.

The Trade Mark is associated with Trade Mark No. 374 of 1932.

Dated the 6th day of September, 1935.

BATTEN AND COMPANY,

Applicants.

1912

(FILE No. 344 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mak Ming

(H) trading as Mak Ming

Kee Tooth Brush Factory (麥明記

擦廠

of No. 99 Yuk Tsze Hong, Canton, China, and of Ho Tung Building, Victoria, Hong Kong, has, by an application dated the 21st day of August, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

מיר סון

KA

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year,

$18.00

(do.), (do.),

10.00

6.00

Foreign, $6 extra for Postage,

Three months,

Terms of Advertising.

For 5 lines and under,. Each additional line,

Chinese, per Character,

Repetitions,

$1.00 for 1st $0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

TAND

כת

in the name of the said Mak Ming trading as Mak Ming Kee Tooth Brush Factory, who claims to be the proprietor thereof.

The said Trade Mark has been used by the

applicant in respect of Tooth Brushes in Class

50.

Registration of the said trade mark shall

THE NEW

VEHICLES AND

TRAFFIC

give no right to the exclusive use of the Chinese REGULATION

""

characters 麥明記 appearing on

the mark and of the Chinese characters

66

麥明

save in the manner as shown in

the centre of the mark.

Dated the 6th day of September, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicant,

St. George's Building,

Hong Kong.

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1

1914

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 358.-The following Bill is published for general information:--

[No. 36-4.11.35.-2.]

A BILL

Short title.

Interpreta- tion.

Possession of unauthorised badges.

INTITULED

An Ordinance to further and protect the activities of The Girl Guides Association, and to incorporate the Hong Kong Branch thereof.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as The Girl Guides Association (Hong Kong Branch) Ordinance, 1935.

2. In this Ordinance :-

(a) "The Girl Guides Association" means The Girl Guides Association incorporated by Royal Charter dated the 14th day of December, 1922.

(b) "Girl Guide" includes Brownie, Girl Guide, Ranger, and Lone Guide, recognised as such under the rules of The Girl Guides Association, and also all persons recognised as officers under the rules of The Girl Guides Association.

3. No person other than The Girl Guides Association, Hong Kong Branch, shall distribute or sell or expose for sale :-

(a) any badge, token or emblem specifically adopted by The Girl Guides Association for use by Girl Guides; or

(b) any badge, token or emblem containing the words "Girl Guides" or the characters "U" or the characters "女童軍"

4. No person shall, except with the authority of The Girl Guides Association or the The Girl Guides Association, Hong Kong Branch, or with lawful authority or lawful excuse, have in his possession:-

(a) any badge, token or emblem specifically adopted by The Girl Guides Association for use by Girl Guides; or

>>

(b) any badge, token or emblem containing the words. "Girl Guides" or the characters "☀ ☀€!" or the

       "女童義務團 characters "女童軍

,,

5. No person shall without lawful authority or excuse have in his possession:-

(a) any device which so closely resembles any badge, token or emblem specifically adopted by The Girl Guides Association for use by Girl Guides as to lead to the belief that the device in question is such badge, token or emblem, or (b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any Girl Guide as to be calculated

i

1915

authority.

6. No Girl Guide shall, by virtue of her wearing, Wrongful carrying or bearing any badge, token or emblem of The Girl exercise of Guides Association or otherwise, attempt to enforce or exercise authority otherwise than in accordance with the rules of The Girl Guides Association.

bodies.

7.-(1) No person shall form, or work in connection Unauthorised with, or be a member of, any organization which without authority from The Girl Guides Association claims or purports to be "Girl Guides", or any organization, other than The

Girl Guides Association, Hong Kong Branch, which uses the

title of "Girl Guides" or the equivalent Chinese title thereof,

that is to say the Chinese characters

CC

Chinese characters 女童軍

女童義務團 or the

formerly used as

as the

equivalent Chinese title, or any title in any language, with or without additional words or characters, which so closely resembles any of the said titles as to be calculated to deceive or mislead, or any organization which, by the use of any such title or otherwise, without due authority purports or claims to be connected with The Girl Guides Association or with The Girl Guides Association, Hong Kong Branch.

(2) No person shall, without the consent of the Governor in Council, form, or work in connection with or be a member of, any organization, other than The Girl Guides Association, Hong Kong Branch, which carries on or is intended to carry on any work of a similar nature to that carried on by The Girl Guides Association, Hong Kong Branch.

8. Every person who contravenes any of the provisions Penalty. of this Ordinance shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

tion.

9.-(1) The Colony Commissioner, the Assistant Colony Incorpora- Commissioner, the Colony Secretary, and the Colony Treasurer for the time being of The Girl Guides Association, Hong Kong Branch, shall be a body corporate, hereinafter called the corporation, and shall have the name of "The Girl Guides Association, Hong Kong Branch", and in that name shall have perpetual succession, and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal.

(2) For the purposes of this Ordinance, and with the con- sent of The Girl Guides Association first had and obtained, Bella, Lady Southorn, Officer of the Most Excellent Order of the British Empire, shall be the first Colony Commissioner, Evelyn Frances Grist shall be the first Assistant Colony Com- missioner, Winifred Agnes Adams Phillips shall be the first Colony Secretary, and Dorothea Danby shall be the first Colony Treasurer, of The Girl Guides Association, Hong Kong Branch.

(3) When any other person is appointed to the office of Colony Commissioner, Colony Secretary, or Colony Treasurer of The Girl Guides Association, Hong Kong Branch, such per- son shall, within six weeks after her appointment or within such further time as may be allowed by the Governor, furnish to the Governor satisfactory evidence of her appointment, and, in the case of a Colony Commissioner, that the appoint- ment has been made with the consent of The Girl Guides Association first had and obtained.

Vesting of property and rights.

Execution

of docu- ments.

Internal

manage- ment.

Saving the

Crown and

of certain

1916

(4) A notification in the Gazette under the hand of the Colonial Secretary that such evidence has been furnished to the Governor by such person shall be conclusive evidence of such appointment.

10.-(1) Subject to the provisions of sub-section (2) the corporation shall have power to acquire, accept leases of, purchase, take, hold, and enjoy any lands, buildings, messuages or tenements of what nature of kind soever and wheresoever situated, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever.

(2) Notwithstanding the provisions of sub-section (1), the corporation shall not acquire any immovable property in the Colony unless it shall have previously obtained the special con- sent of the Governor in Council in each case.

(3) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, ex- change, partition, yield up, mortgage, demise, re-assign, trans- fer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the corporation upon such terms as to the corporation may seem fit.

11. All property, vessels, goods and chattels, and all rights which immediately before this Ordinance belonged to or were vested in the members of the unincorporated Girl Guides Association, Hong Kong Branch, as such, or in any person in trust for or on behalf of such members, are hereby transferred to and vested in the corporation.

12. All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of, and shall be signed by, the Colony Commissioner for the time being and the Assistant Colony Commissioner for the time being, and all instruments requiring the signature of the corporation shall be signed by such Commissioner and Assistant Commissioner.

13. All matters of internal management shall be settled and carried out in accordance with the constitution, byelaws and rules of The Girl Guides Association, and with any byelaws and rules made by the Hong Kong Branch thereof under the rules of The Girl Guides Association.

14. Nothing in this Ordinance shall affect or be deemed rights of the to affect the rights of His Majesty the KING, His Heirs, or Successors, or the rights of any body politic or corporate or other rights. any other person except such as are mentioned in this Ordin- ance and those claiming by, from or under them, and nothing herein contained shall be deemed to authorise any change in the General spirit of the movement of The Girl Guides Associa- tion as incorporated by the Founder Lieut-General Lord Baden-Powell, G.C.V.O., K.C.B., F.R.G.S., D.C.L., L.L.D., and embodied in his book "Girl Guiding" or in the "Rules, Policy and Organisation" of The Girl Guides Association for the time being in force.

1917

Objects and Reasons.

The object of this Bill is to incorporate the Hong Kong Branch of The Girl Guides Association and to afford it protec- tion similar to the incorporation and protection given to the Hong Kong Branch of The Boy Scouts Association by Ordin- ance No. 22 of 1927, the provisions of which have served as a model.

October, 1935.

C. G. ALABASTER,

Attorney General.

1918

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 359.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st October, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$

Chartered Bank of India, Australia and China

15,101,041

8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

110,829,627

84,100,000+

1,681,528

1,350,000$

TOTAL

CA

127,612,196

93,750,000

*In addition Sterling Securities are deposited with the Crown Agents valued at £741,600.

† In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

8th November, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

  No. S. 360.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

8th November, 1935.

1081-1091

D. W. TRATMAN,

Colonial Secretary.

1919

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 361. The following names of successful tenderers are notified for genera 1 information :-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 273 of 6.9.35.

Tender for

S. 279 of 3.9.35.

S. 286 of 20.9.35.

S. 277 of 6.9.35.

S. 276 of 6.9.35.

S. 275 of 6.9.35.

S. 274 of 6.9.35.

S. 272 of 6.9.35.

S. 271 of 6.9.35.

S. 292 of 26.9.35.

S. 291 of 19.9.35.

S. 287 of 20.9.35.

S. 303 of 1.10.35.

S. 284 of 14.9.35.

S. 294 of 21.9.35.

the supply of Head Stones.

Tender for European Staff

Quarters at the New Gaol.

Tender for repairs to S. L.

"G.P.O. 2".

Tender for the purchase of

nightsoil.

Tender for the supply of labour for the burial of infectious corpses.

Messrs. Cheung Fook.

Messrs. Tak Hing & Co.

Messrs. Kwong Cheung Hing.

Mr. Ling Chung.

Mr. Tsang Pak.

Tender for the Blood and Hair Mr. Hui Shing Kai.

Contract, Kennedy Town.

Tender for the Blood and Hair Contract, Ma Tau Kok.

Tender for re-numbering old

Head Stones.

Tender for the Conservancy

Contract, Shaukiwan.

Tender for Patent Roofing for

new Magistracy, Kowloon.

Tender for the supply and laying of black earth and turf at the new Central British School, Kowloon.

Tender for the supply of

earthenware urns.

Tender for repairs to S.T.

"S.D. 3".

Tender for Air Conditioning Installation, Queen Mary Hospital.

Tender for the Chinese and Indian Staff Quarters at the New Stanley Gaol.

Mr. Hui Shing Kai.

Mr. Cheung Fook.

Messrs. Au Kwong Ming & Li

Wing Hin.

Messrs. Shewan Tomes & Co.

Messrs. Hop Hing & Son.

Messrs. Chan Kee.

Messrs. The Hong Kong and Whampoa Dock Co., Ltd.

Messrs. The Jardine Engineer-

ing Corporation, Ltd.

Messrs. Sang Tai & Co.

GOVERNMENT NOTIFICATION.

S. 293 of 26.9.35.

1920

PARTICULARS.

FIRMS.

Tender for Printing Shop, Messrs. Tung Shan & Co.

Baths, Laundry etc., New Gaol at Stanley.

S. 306 of 2.10.35.

Tender for Heating and Hot Water Service to the New Gaol at Stanley.

Messrs. G. N. Haden & Sons,

Ltd.

8th November, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 362.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

8th November, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

No. S. 363.-Statement of Sanitary Measures adopted against Hong Kong.

Reference to

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Sth November, 1935.

Date.

16th April,

1924.

30th April, 1926.

Government

Notification.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

GOVERNMENT NOTIFICATION.

S. 293 of 26.9.35.

1920

PARTICULARS.

FIRMS.

Tender for Printing Shop, Messrs. Tung Shan & Co.

Baths, Laundry etc., New Gaol at Stanley.

S. 306 of 2.10.35.

Tender for Heating and Hot Water Service to the New Gaol at Stanley.

Messrs. G. N. Haden & Sons,

Ltd.

8th November, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 362.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

8th November, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

No. S. 363.-Statement of Sanitary Measures adopted against Hong Kong.

Reference to

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Sth November, 1935.

Date.

16th April,

1924.

30th April, 1926.

Government

Notification.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1921

HARBOUR Department.

No. S. 364. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to S/T 'S.D. 2'", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of November, 1935.

A list of work may be obtained at the Assistant Government Marine Surveyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the Tug to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

2nd November, 1935.

Harbour Master.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 365.---It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for making Tree Pits, Planting Trees and Sowing Seeds in situ", will be received at the Colonial Secretary's Office until Noon of Monday, the 25th day of November, 1935, for making tree pits, planting trees and sowing tree seeds in situ for the Botanical and Forestry Department during the year 1936.

For forms of tender, specifications and further particulars apply at this Office.

  No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

8th November, 1935.

H. GREEN,

Superintendent.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 366.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for supplying Black soil and Turfing" will be received at the Colonial Secretary's Office until Noon of Monday, the 25th day of November, 1935, for supplying black soil and turfing to the Botanical and Forestry Department during the year 1936.

  For forms of tender apply at this Office, where specifications and other particulars may be obtained.

  No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

8th November, 1935.

H. GREEN,

Superintendent.

1922

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 367-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Purchase of Pine Trees, Brushwood and Prunings from Trees", will be received at the Colonial Secretary's Office until Noon of Monday, the 25th day of November, 1935, for the purchase of Pine Trees, Brushwood and Prun- ings from Trees from the Botanical and Forestry Department for the year 1936.

For forms of tender, specifications and further particulars apply at this office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the highest or any tender.

8th November, 1935.

H. GREEN,

Superintendent.

BOTANICAL AND FORESTRY DEPARTMENT.

   No. S. 368.----It is hereby notified that sealed tenders in triplicate, which should Be clearly marked "Tender for the supply of Flower Pots", will be received at the Colonial Secretary's Office until Noon of Monday, the 25th day of November, 1935, for the supply of flower pots to the Botanical and Forestry Department during the year 1936.

For forms of tender, specifications and further particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $25 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person fails or refuses to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

8th November, 1935.

H. GREEN,

Superintendent.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 369.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Supply of Labour and Stores, Botanical and Forestry Department" will be received at the Colonial Secretary's Office until Noon of Monday, the 25th day of November, 1935, for the supply of labour and stores to the Botanical and Forestry Department during the year 1936.

For forms of tender, specifications and further particulars apply at this Office.

   No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

8th November, 1935.

H. GREEN,

Superintendent.

1923

MEDICAL DEPARTMENT.

 No. S. 370.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Medical Department Contract", will be received at the Colonial Secretary's Office until Noon of Monday, the 18th day of November, 1935, for the supply of Aerated Waters: Milk, etc.: Provisions: Sundries; and Washing, (Schedules Nos. 1 to 5), required locally by this Department, for the period of one year from the first of January next inclusive.

Tenders may be made for the 5 Schedules, or for each separately.

 Tenders must be in triplicate in sealed envelopes, endorsed "Tender for Medical Department Contract".

 No tender will be considered, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $200, as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse or be unable to carry out his tender, should the tender be accepted.

The Contractor will be required to enter into a Bond or to give such other security as the Colonial Treasurer Incorporated shall require for the due fulfilment of his contract, and for the supply of articles of the best quality.

 The Contractor for Schedules Nos. 2 and 3 will be required to deliver the supplies to all or any of the Government hospitals and institutions as required by the Director of Medical and Sanitary Services.

 The Contractor for Schedule No. 3 will be required to supply store accommodation, both in Victoria and Kowloon ample enough for the housing of provisions, and such store must be kept in a sanitary condition to the satisfaction of the Director of Medical and Sanitary Services.

 The Contractor for Schedule No. 5 will be required to collect the soiled bedding and clothing at all or any of the Government hospitals and institutions in Hong Kong, Kowloon and New Kowloon (which designation does not include the New Territories) as required, returning the same to the respective hospitals or institutions when washed.

 Except where otherwise stated, the contractor will be required to deliver all supplies at the Government Civil Hospital.

 The charges stated by the Contractor in his tender shall include the cost of the delivery of all supplies, etc., and no additional charge shall be made for such delivery.

The Government does not bind itself to accept the lowest or any tender.

 All other information may be obtained from the Director, Medical and Sanitary Services, Post Office Building, 3rd floor.

6th November, 1935.

A. R. WELLINGTON, Director of Medical and Sanitary Services,

1924

PUBLIC WORKS DEPARTMENT.

No. S. 371.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Road from Au Tau to Shek Kong", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 26th day of November, 1935. The work comprises all necessary cutting and filling for widening the existing road from Au Tau to Kam Tin to 25 ft. and constructing a new road 25 ft. wide from Kam Tin to Shek Kong, together with all necessary contingent works.'

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

The successful tenderer will be required to deposit the sum of $4,000 as security for the due and proper performance of the work.

R. M. HENDERSON,

Director of Public Works.

6th November, 1935.

NOTICES TO MARINERS.

No. S. 372.

No. 88/1935.

Life Saving Appliances.

List of approved Manufacturers in Hong Kong.

   With reference to Notice to Mariners No. S. 243 published in Government Gazette No. 31 of 10th July, 1931, the following have been approved as Manufacturers of the Hong Kong Standard Life Jackets and Lifebuoys.

Messrs. Cheong Kee, 85, Lockhart Road, 2nd floor, Wanchai, Hong Kong.

6th November, 1935.

No. 89/1935.

   In connection with Harbour dredging now in progress, stagings will be erected in the following positions during the course of next week.

(a) Lat. 22° 17′ 58′′ N. (b) 22° 17' 54"

Long. 114° 09′ 12" E.

(c)

22° 17′ 43′′.

All stagings other than the above will be removed.

114° 09′ 23′′

114° 09' 30"

G. F. HOLE,

Harbour Department,

6th November, 1935.

Harbour Master, &c.

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 8 of 1932.

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), Kowloon, in the Colony of Hong Kong, clerk.

SECOND and final dividend of $8.70 per cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

       mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 12th day of November, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

    Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 8th day of November, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

1927

IN THE SUPREME COURT OF HONG KONG.

N

PROBATE JURISDICTION.

In the Goods of William Dryden late of Victoria, in the Colony of Hong Kong, Master Mariner deceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 30th November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of November, 1935.

DEACONS,

Solicitors for the Administrator, 1, Des Voeux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Chew You late of Red Bluff Tehama County in the State of California, United States of America deceased.

OTICE is hereby given that the Court

In the Goods of David McMurray late of Nhac, by virtue of the provisions of

Tower House III, Sinclair Street, Helensburgh, Scotland, formerly of Floralbank, East Newport in the County of Fife, Scotland deceased.

NOTICE is hereby given that the Court has

       by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 29th day of November, 1935.

    All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of November, 1935.

DEACONS,

Solicitors for the Executor,

No. 1, Des Voeux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of. William Jack late of The Sailors' Home and Seamen's

Institute, Gloucester Road, Victoria

in the Colony of Hong Kong, Re- tired Engineer deceased.

NOTICE is hereby given that the Court

Section 58 of Ordinance No. 2 of 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 30th day of November, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of November, 1935.

IN

DEACONS,

Solicitors for the Administrator, 1, Des Voeux Road Central, Hong Kong.

NOTICE OF TRANSFER

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923, Notice is hereby given that Yau Kwong Ping Tong (4) Suen Wai Kit () Leung Yuet Chan (

珍) and Leung Chik Tak Tong (梁積 德堂 carrying on business at No. 44

Johnston Road. Victoria, in the Colony of Hong Kong, under the style or firm name of the

Oriental Emporium (東方百貨商

E) (hereinafter called "the Transferors") have transferred to Suen Kam Sheung (

has by virtue of the provisions of Sec-) of No. 82 Stone Nullah Lane, 3rd

tion 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to the 29th day of November, 1935.

    All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 8th day of November, 1935.

DEACONS, Solicitors for the Administrator, 1, Des Voeux Road Central, Hong Kong.

floor, Victoria aforesaid (hereinafter called "the Transferee ") All that the Transferors' business of the said Oriental Emporium in-

IN THE SUPREME COURT OF HONG KONG

(COMPANIES WINDING UP.)

No. 7 of 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of the O. K. Gidumal

& Watumull, Limited.

OTICE is hereby given that a Petition for N

the winding-up of the above named Company by the Supreme Court of Hong Kong was, on the 1st day of November, 1935, presented to the said Court by Odharmal Girdharimal and that the said Petition is directed to be heard before the Court sitting at the Courts of Justice, Hong Kong, at 10 a.m. on Thursday, the 28th day of November, 1935, and any creditor or contributory of the said Company desirous of supporting or opposing the making of an Order on the said Petition may appear at the time of hearing by himself or his Counsel for that purpose, and a copy of the Petition will be furnished to any creditor or contributory of the said Company requiring the same by the undersigned on payment of the regulated charge for the same.

Dated the 8th day of November, 1935.

(M. A. DA SILVA), No. 9, Ice House Street, (1st floor),

Victoria, Hong Kong. Solicitor for the above named Odharmal Girdharimal.

NOTE--Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above- named, notice in writing of his inten- tion to do so. The Notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their Solicitor (if any), and must be served, or if posted, must be sent by post in suffi- cient time to reach the above-named not later than six o'clock in the after- noon of the 27th day of November, 1935.

ORDINANCES FOR 1934.

BOUND

volumes of Ordinances of Hong Kong, including Pro- clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready. Price per volume: $3

NORONHA & CO.

18, Ice House Street.

NOW READY.

STREET INDEX Twenty-Third Edition

cluding the goodwill, stock-in-trade, fixture, REVISED Edition, which includes

furniture, book debts and other assets.

The Transferee intends to carry on the said business at the same address and under the same firm name of Oriental Emporium and will not assume the liabilities incurred by the

Transferors in the said business.

Dated the 8th day of November, 1935.

C. Y. KWAN, Solicitor for the parties.

1935.

all alterations up to February,

Invaluable to Banks, Solicitors, Architects, Insurance Cos., Investment Cos., Landowners, Estate Brokers.

Price $50 PER

COPY

obtainable at

NORONHA & CO.

1928

快活汁

(FILE No. 404 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Shing Hing Company, (誠興公司)

of No. 80, Prince Edward Road, Kowloon, in the Colony of Hong Kong, have, by an applica- tion dated the 23rd day of September, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

SAFETY MATCHES

(FILE No. 351 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 370 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Luen Fung NOTICE is hereby given that The Grand

Co., of 49, Nathan Road, Kowloon, Hong Kong, and of 13, Sun Hing Street, Canton, China, on the 26th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:~

Dispensary Limited, of China Building, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 30th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:---

(1)

等火柴

鹿商標

LUEN RING MER

NOIN

SHING HING CO.

in the name of the said Shing Hing Company,

who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Matches in Class 47.

      Registration of the said Trade Mark shall give no right to the exclusive use of the words

Shing Hing Co." appearing thereon.

Dated the 11th day of October, 1935.

GEO. K. HALL BRUTTON & CO. Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 392 of 1935) TRADE MARKS ORDINANCÉ, 1909.

Application for Registration of a Trade Mark.

NOTIC

Cheung Kee Firm, (SHR)

OTICE is hereby given that Hang Fong

of No. 6, Siu Cheung Fong, 2nd floor, Victoria, in the Colony of Hong Kong, Tea Merchants, have on the 11th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

HANG FONG CHEUNG KEECHINESE TEA

芳禁恒

標商虎金

in the name of Hang Fong Cheung Kee Firm,

who claim to be the proprietors thereof.

The above mark has been used by the Ap- plicants in respect of tea in Class 42 since 1920.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

     Registration of this Trade Mark shall give no right to the exclusive use of the firm name appearing thereon.

Dated the 11th day of October, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

MADE IN CHINA

in the name of Luen Fung & Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Fire-works and Fire- crackers in Class 20.

The registration of this Mark shall give no right to the exclusive use of the firm name in English and Chinese and the numerals '80/16" and "13" appearing thereon in com- bination or separately.

66

Dated the 13th day of September, 1935.

LUEN FUNG & CO., Applicants.

(FILE No. 341 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of

a Trade Mark.

OTICE is hereby given that Hok Lap Hin

NOT

(F), of No. 124, Wing

Lok Street, Hong Kong, have on the 19th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

HOK

LAP

#F

標商

牌立鶴

TRADE

NIH

MARK

in the name of Hok Lap Hin (Y),

who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Joss Sticks in Class 50.

A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of September, 1935.

HOK LAP HIN, Applicants.

(2)

HAPPY KID BABY WATER

in the name of The Grand Dispensary Limited' who claim to be the sole proprietors thereof.

The Trade Marks has been used by The Grand Dispensary Limited in respect of Patent Medicine for infants and children in Class 3 since August, 1934.

Registration of the Happy Kid Baby Water Trade Mark shall give no right to the exclusive use of the words Baby Water" appearing thereon.

Registration of the

Trade

Mark shall give no right to the exclusive use of the Chinese character

appearing thereon.

Dated the 13th day of September, 1935.

THE GRAND DISPENSARY LIMITED,

Hong Kong, Applicants.

(FILE No. 320 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Naamlooze Vennootschap Philips Gloeilampenfa- bricken of Emmasingel 29, Eindhoven, Hol- land, have on the 1st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"

PHILIPS "

in the name of Naamlooze Vennootschap Philips Gloeilampenfabricken, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1923 in Class 13 in respect of electric lamps (ordinary) electric lamp fittings and lamp reflectors, all being goods of ordinary metal but not including electric lamp fittings for use on vehicles and reflectors for vehicle lamps.

The mark has been declared to be distinctive by Order of His Excellency the Officer Ad- ministrating the Government pursuant to Sec- tion 9(5) of the Trade Marks Ordinance 1907.

Facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of September, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

Z

(FILE No. 356 of 1935)

1929

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that Wm. Wrigley Jr. Company, a Corporation

(FILE No. 361 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Norganized and existing under the laws of the State of Delaware, with NOTICE is hereby given that The Nam

a principal place of business at 400 N. Michigan Avenue, City of Chicago, County of Cook, State of Illinois, United States of America, have on the 28th, day of August, 1935, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Marks:-

(1)

(2)

Long Firm,) of Songo-

joedan, Sourabaya, Dutch East Indies, have, by an application dated the 29th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

1080A MEN OOVƆIHƆ

Kuedwo

up Kajbum um

WRIGLEY'S

P.K.

CHEWING GUM

PEPPERMINT FLAVOR REG.U.S.PAT.OFF.

PACKED TIGHT KEPT RIGHT

PAN 4 PIECES

WRIGLEY'S P.K.

CHEWING GUM

PEPPERMINT FLAVOR

MADE IN U.S.AM 1921

叻留

喱蘭

唯喱製造 美國老廠 留蘭香味 口氣芬芳

敬芳

WRIGLEY'S FAVOUR

SPEARMINT

CHEWING SWEET

MADE IN U.S.A.

TRADE MARK

THE FLAVOUR LASTS

TRADE

JASTS

NEW YORK Wm. Wrigley Jr. Company, CHICAGO

牙齒 食開胃 培養功效

NEW YORK Wm. Wrigley Jr. Company, CHICAGO

(3)

BUFFALO

MARK

in the name of the said Nam Long Firm, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Common soap in Class 47.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

WRIGLEY'S

JUICY FRUIT

'CHEWING SWEET

FIVE STICKS

Wrigley & Co,

CHICAGO

NEW YORK

潔白牙齒 止渴生津

WK IASI,

in the name of Wm. Wrigley Jr. Company, who claim to be the proprietors thereof.

     Trade Mark No. 1 has been used by the Applicants, in the colors Yellow Red and Green since 25th August, 1921, Trade Mark No. 2 has been used by the Applicants in the colors Green and Red since 22nd September, 1917 and Trade Mark No. 3 has been used by the Applicants in the colors Purple, Gold and Green since 22nd September, 1917, (and registration is limited to such colors respectively) all in respect of the following goods :-

Chewing Gum, in Class 42.

(FILE No. 387 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of a Trade Mark.

OTICE is hereby given that The Man

Tsun Firm () of No.

8 Western Street, (first floor), Victoria, Hong Kong, have, by an application dated the 6th day of September, 1935, applied for the regis tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

墨牛

cow

COW BRAND

in the name of the said Man Tsun Firm, who claim to be the proprietors thereof.

      Trade Marks Nos. 1 and 2 are associated with each other and with Trade Marks Nos. 1 of 1916, 121 of 1927, and 214 of 1927, and Trade Mark No. 3 is associated with Trade Marks Nos. 14 of 1918 and 368 of 1921. The Registration of Trade Mark No. 1 shall give no right to the exclusive use of the word Wrigley's" and the letters "P. K." appearing thereon either in by the applicants forthwith in respect of combination or separately. The Registration of Trade Marks Nos. 2 and 3 shail give no right to the exclusive use of the word "Wrigley's" appearing theron respectively.

46

Dated the 12th day of September, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

The said Trade Mark is intended to be used

Chinese tea in Class 42.

Dated the 13th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, St. George's Building,

Hong Kong.

-

1930

人記項意啓篇

無繼頂今者遵

一九三五年十一月八日

涉續與因出一承出

在承志頂九

上頂圖人三項 開人別向三 地承業在年

點受願油第生

照交將蔴二

承出 頂頂 人入

營之生彌五 業後意敦條 如任全道防 日由盤三範 前承連百僑 出頂裝六

Trade and Shipping Returns for the month of September, 1935.

C

OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each

常易該地十意 Commodity.

告 白

PRICE $2 per copy:

NORONHA & CO.,

Government Printers ̧ 18, Ice House Street.

薛羅張張 頂人修十轉 吉葉名人用傢一讓 芳通氏甫 有囘私號生

任上招合意

The Hong Kong

Government Gazette

劉彭王梁 何海牌夥則 存華細轇大什經例 潤伍記炳 轕旅物營第 欠店按上三 范李頁字櫃海欸 昌海吉 槪號及大規 南東祥與加所 定

Local Subscription. Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

$18.00

10.00

6.00

Foreign, $6 extra for Postage.

Chinese, per Character,

Terms of Advertising.

For 5 lines and under,.. Each additional line,

$1.001 for 1st

5 cents.

.$0.20 ƒ insertion.

Repetitions.

Half price.

承多有店事 頂協賬生宜

Advertisement must reach this office not later

than 3 P.M. on Thursdays for insertion in Friday's isssue.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1932

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 373.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

15th November, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 374.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

Notification.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

16th April,

1924.

30th April, 1926.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

15th November, 1935.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1936

A

IN THE SUPREME COURT OF HONG KONG,

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 8 of 1935.

Re Chui Yuen Restaurant, of No. 2 Peel Street, Victoria, in the Colony of Hong Kong, and Kwan Chung Man, the managing partner therein.

FIRST and final dividend of $8.30 per cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

        mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 18th day of November, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 15th day of November, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG

(COMPANIES WINDING UP,)

No. 7 of 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of the O. K. Gidumal

& Watumull, Limited.

OTICE is hereby given that a Petition for

N

the winding-up of the above named Company by the Supreme Court of Hong Kong was, on the 1st day of November, 1935, presented to the said Court by Odharmal Girdharimal of No. 25, Wyndham Street, Vic- toria, in the Colony of Hong Kong, and that the said Petition is directed to be heard before the Court sitting at the Courts of Justice, Hong Kong, at 10 a.m. on Thursday, the 28th day of November, 1935, and any creditor or contributory of the said Company desirous of supporting or opposing the making of an Order on the said Petition may appear at the time of hearing by himself or his Counsel for that purpose, and a copy of the Petition will be furnished to any creditor or contributory of the said Company requiring the same by the under- signed on payment of the regulated charge for

the same.

Dated the 15th day of November, 1935.

Witness

(WONG TSO CHAN)

(M. A. DA SILVA),

No. 9, Ice House Street, (1st floor),

Victoria, Hong Kong.

Solicitor for the above named Odharmal Girdharimal.

NOTE:-Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above- named, notice in writing of his inten- tion to do so. The Notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their Solicitor (if any), and must be served, or if posted, must be sent by post in suffi- cient time to reach the above-named not later than six o'clock in the after- noon of the 27th day of November, 1935.

N

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Sotheby Godfrey Bird late of St. Edmunds, Scole in the County of Norfolk, England, de- ceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 6th day of December, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 15th day of November, 1935.

N

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP)

No. 8 of 1935.

In the Matter of the Companies Ordin-

ance, 1932,

and

In the Matter of the Universal Rubber

Factory Company, Limited.

OTICE is hereby given that a petition for the winding-up of the abovenamed Company by the Supreme Court of Hong Kong, was, on the 9th day of November, 1935, pre- sented to the said Court by Leung Luk Koo of No. 322, Castle Peak Road, second floor, in the Dependency of Kowloon and Colony of Hong Kong and that the said Petition is directed to be heard before the Court sitting at the Courts of Justice, Hong Kong, at 2.30 p.m. on Tuesday, the 3rd day of December, 1935, and any credi- tor or contributory of the said Company desirous of supporting or opposing the making of an order on the said Petition may appear at the time of hearing by himself or his Counsel for that purpose; and a copy of the Petition will be furnished to any creditor or contribu- tory of the said Company requiring, the same by the undersigned on payment of the regulated charge for the same.

Dated the 15th day of November, 1935.

Witness:-

(WONG TSO CHAN).

M. A. DA SILVA, No. 9, Ice House Street, (1st floor), Victoria, Hong Kong, Solicitor for the abovenamed Leung Luk Koo.

NOTE: Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above- named, notice in writing of his inten- tion to do so. The notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person or firm, of his or their Solicitor (if any), and must be served, or if posted, must be sent by post in suffi- cient time to reach the above-named not later than six o'clock in the after- noon of the 2nd day of December, 1935.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Isabel Gil de Sola Viuda de Tuason, late of 656A. Mabini Street, Manila, in the Philip- pine Islands, Widow, deceased.

NOTICE is hereby given that the Court has,

by virtue of Section 58 of the Probates Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 11th day of December, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 13th day of November, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building, Ice House Street, Hong Kong

(File No. 350 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Nestle and Anglo-Swiss Condensed Milk Company (a Company incorporated according to the Laws of Switzerland), of Cham and Vevey, Switzerland; and St George's House, 6 & 8, Eastcheap, London, E.C., England; Manufac- turers, have, by two applications both dated the 12th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

BORDEN'S

PEERLESS BRAND

(2)

BORDEN'S

ST. CHARLES

in the name of the said Nestle and Anglo-Swiss Condensed Milk Company, who claim to be the proprietors thereof.

The said Trade Marks have been used by the Applicants and their predecessors in business in respect of Evaporated Milk and are also intended to be used by the Applicants forth- with in respect of Condensed Milk in Class 42.

The Trade Marks are associated with each other and the Trade Mark No. 1 is associated with Trade Marks Nos. 1 of 1874, 50 of 1903 and 111 of 1904 and the Trade Mark No. 2 is associated with Trade Marks Nos. 1 of 1874, 50 of 1903, 62 of 1904 and 111 of 1904.

Dated the 20th day of September, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants,

St. George's Building, Chater Road,

Hong Kong.

(FILE Nos. 405 AND 410 OF 1935)

TRADE MARKS ORDINANCE 1909.

N

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Sing Chow

Electric Factory, of Watson Road, Causeway Bay, Hong Kong, Manufacturers, have by three applications two of which dated the 26th September, 1935, and one dated the 2nd October, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following three Trade Marks :-

(FILE No. 301 of 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The National Trading Corporation, of China Build- ings, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 23rd day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz. :- ·

AEROPLANE BRAND "CEYLON TEAS

(FILE No. 299 of 1935). TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that Paramount Productions, Inc., a corporation or- ganized under the laws of the State of Dela- ware, of 100 West 10th Street, Wilmington, County of New Castle, State of Delaware, United States of America, have on the 22nd day of July, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark:-

(1)

CEYLON

Paramount

THREE RING

(2)

in the name of the said National Trading Corporation, who claim to be the sole proprie- tors thereof.

The Trade Mark has been used since Jan- uary, 1935, by the applicants in respect of Tea, Coffee and Cocoa in Class 42.

The registration of this mark shall give no right to the exclusive use of the map device and of the words "Hong Kong" and "Ceylon " appearing thereon.

Facsimiles of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and also at the Office of the undersigned.

Dated the 15th day of November, 1935.

NATIONAL TRADING CORPORATION, China Buildings,

Hong Kong, Applicants.

in the name of Paramount Productions, Inc., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 1921, in respect of the following goods-

Motion and sound (Talking) pictures and sound recording devices, their parts and accessories, in Class 8.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Ice House Street,

Hong Kong.

(3)

:

(FILE NO. 524 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Cumber-

NOTICE

land Pencil Company Limited, of The

Pencil Works, Main Street, Keswick, Cumber- land, England, Manufacturers, a Company duly incorporated under the Laws of Great Britain, have on the 28th day of December, 1934, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

(FILE No. 526 of 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Tamura Kogyo Kaisha Limited, of Sanchome, Kusunokicho, Hiroshima, Japan, on the 5th day of July, 1934, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

DOG BRAND

in the name of Sing Chow Electric Factory, who claim to be the sole proprietors thereof.

The above three Trade Marks are to be registered in Class 8. Trade Mark No. (1) is to be registered in respect of Flashlight tor- ches. Trade Marks Nos. (2) and (3) are to be registered in respect of Flashlight torches and flashlight cells. The above three Trade Marks have not hitherto been used by the applicants but it is their intention so to use them forth- with in respect of the goods mentioned above.

The applicants undertake not to colour the Three Ring Trade Mark in gold.

Dated the 15th day of November, 1935.

SING CHOW ELECTRIC FACTORY, Watson Road, Causeway Bay,

Hong Kong, Applicants.

CUMBERLAND PENCIL Co.

in the name of The Cumberland Pencil Com- pany Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 15th May, 1899, in respect of the following goods :-

Pencils, in Class 39.

The Trade Mark has been declared to be distinctive by order of His Excellency the Officer Administering the Government pur- suant to Section 9 (5) of the Trade Marks Ordinance 1909.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Ice House Street, Hong Kong.

HANEWUMA NE PLUS ULTRA BETWS NO 1 DIAMOND DRILLO EYED

in the name of the said Tamura Kogyo Kaisha Limited, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Needles in Class 13.

The Applicants disclaim the right to the exclusive use of the following:--

The words "NE PLUS ULTRA" The letters "SSS"

The abbreviation "BETWS" The abbreviation and numeral "No. 1" either in combination or separately.

Dated the 18th day of October, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

Hong Kong.

(FILE No. 382 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Asiatic Petroleum Co. (South China) Ltd., of St. Helen's Court, Great St. Helen's, London, E.C. 3, on the 19th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark viz :-

DERVOIL

in the name of the said The Asiatic Petroleum Co. (South China) Ltd., who claim to be the proprietors thereof.

      The Trade Mark is intended to be used by the Applicants in respect of all goods in Class 47, especially lubricating oils for high speed Diesel engines for road traction.

Dated the 20th day of September, 1935.

HASTINGS & CO.

Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE No. 307 of 1935) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that Tominaga

          Yoko of No. 25, Des Voeux Road, Central, First floor, Victoria, in the Colony of Hong Kong, have on the 25th day of July, 1935, applied for the registration in Hong

Kong, in the Register of Trade Marks, of the following Trade Mark :-

· --

圖望公太

1938

(FILE No. 383 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Rothman's

Limited, of Nos. 13-17, Underwood Street, London, England, on the 9th day of July, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

Rothmans

Columin

精山

in the name of the said Rothman's Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following Class viz :-

Tobacco, whether manufactured or un-

manufactured in Class 45. The Applicants disclaim the right to the exclusive use of the word "Rothmans" appear- ing in the mark.

Dated the 20th day of September, 1935.

N

HASTINGS & CO. Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

(FILE No. 355 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

Brands Incorporated, a corporation NOTICE is hereby given that Standard organized under the laws of the State of Dela- ware, United States of America, having its principal place of business at 595 Madison Avenue, City, County and State of New York, United States of America, Manufacturers, have on the 7th day of May, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

in the name of Standard Brands Incorporated, who claim to be the proprietors thereof.

Such Trade Mark has been used by the Applicants in respect of Yeast in Class 42 since December 7th, 1929.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Mark, of Hong Kong and of the undersigned.

Dated the 20th day of September, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE No. 393 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Morinaga Condensed Milk Company Limited, of No. 12. 1 chome Tamachi Shiba-ku, Tokyo, Japan, on the 9th day of May, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

THREE

ARROW

公太

204

REGISTERED NAITENTS

行洋永富

TAIKONG 204

in the name of Tominaga Yoko, who claim to

be the proprietors thereof.

     The Trade Mark has been used by the Ap- plicants since the year 1934 in Class 24 in res- pect of Cotton piece goods of all kinds.

     The Applicants disclaim the right to the ex- clusive use of the numerals "204" appearing thereon either in combination or separately.

      A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 20th day of September, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicants, York Building,

Hong Kong.

WHOLE

MILK POWDER

FOR INFANT AND INVALID

NET WEGHT ILB.

in the name of the said Morinaga Condensed Milk Company Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Milk Powder in Class 42.

Dated the 20th day of September, 1935.

HASTINGS & CO. Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

N

NOTICE.

1939

OTICE is hereby given pursuant to section 2 of the Missions Etrangères Incorpora- tion Ordinance, 1890, that Monsieur Léon Vir- condelet has been appointed the Procureur Général in this Colony of the Society of the Missions Etrangères: Proof of the said ap-

(FILE NO. 411 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

pointment has been submitted to His Excellency NOTICE is hereby given that The United

the Governor.

Dated the 15th day of November, 1935.

DEACONS, Solicitors,

1, Des Voeux Road Central,

Hong Kong.

States Playing Card Company, Inc., whose registered office is situate at Cincinnati, Ohio, in the United States of America, have on the 26th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

(FILE No. 395 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Tin Heung

Company, of No. 80 Bonham Strand East, Victoria, in the Colony of Hong Kong, have on the 12th day of September, 1935, applied for registration in Hong Kong, in the Register of Trade Marks in Class 47 in respect

of common soap of the following Trade Mark :-

DOUBLE

牌老鷄双

COCKS

in the name of the Tin Heung Company, who

claim to be the proprietors thereof.

The Trade Mark has been used by the appli-

cants since the beginning of 1935.

Dated the 18th day of October, 1935.

一千九百三十五年十一月十五日

車務部亞盧同啓

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

聲一轉守動啓

明槪嗣車者

以與後公湛 聲 昭富賒湛司國 鄭士借濟執頑

七免動俱外機名

車 富 重自等在司文

至車歸一之湛

後公湛切職濟

云無個動已在告

涉人及辭富

特自華退士

日啓

此理洋職自

車 論司濟行經前 公

MADE IN U. STA.

16°N

CARAVAN

PLAYING CARDS

THE UNITED STATES PLAWNG CARU JU

CINCINNATI OHO MTA

NAIVO ONJAVA

NVAVIVO

CARAVAN

in the name of The United States Playing Card Company, Inc., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 39 in respect of Playing Cards.

The registration of the above Trade Mark shall give no right to the exclusive use of the abbreviations and numerals " No. 491 " appear- ing thereon either in combination or separately.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 18th day of October, 1935.

LEO. D'ALMADA & CO., Solicitors for the Applicants,

No. 67, Des Voeux Road Central, Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

TAX RA

1942

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 375.-The following Bills are published for general information:-

Short title.

Amendment of Ordin- ance No. 28 of 1917.

A BILL

INTITULED

[No. 37:-25.10.35-1.

An Ordinance to amend the Ferries Ordinance, 1917.

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

1. This Ordinance may be cited as the Ferries Amend- ment Ordinance, 1935.

2. The Ferries Ordinance, 1917, is amended-

(i) by the addition to the long title of the words "and ferry piers":

(ii) by the addition of the following paragraph after paragraph (c) in section 2 (1) thereof :-

(d) "Ferry pier" means any pier which is used for the purposes of a ferry:

(iii) by the insertion of the following sub-section after sub-section (6) in section 5 thereof :-

(6A) for regulating ferry piers.

Objects and Reasons.

1. Section 2 of this Ordinance amends the principal Ordinance by adding thereto a power to the Governor in Council to make regulations for ferry piers.

2. It is considered more appropriate that the power of regulating such piers should be exercised under an express enactment dealing with the subject rather than, as hitherto, under the general provisions of the Public Places Regulation Ordinance, No. 2 of 1870.

3. The amendment is effected by adding to the principal Ordinance, in the long title, the words "and ferry piers", by adding a new paragraph (d) to section 2 (1) defining "ferry pier" and by inserting a new sub-section (6A) in section 5 enabling the Governor in Council to make regulations for ferry piers.

November, 1935.

C. G. ALABASTER,

Attorney General.

1943

[No. 33-4.10.35.-2.]

A BILL

INTITULED

An Ordinance to amend the Probates Ordinance, 1897.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Probates Amend- Short title. ment Ordinance, 1935.

for Part

2. The Probates Ordinance, 1897, is amended by the Substitution repeal of PART VI thereof and by the substitution therefor of the following :-

VI of Ordinance No. 2 of 1897.

PART VI.

Sealing of Probates and Letters of Administration granted by British Courts outside the Colony.

tion.

66. In this Part, unless the context otherwise requires- "British court in a foreign country" means any British Interpreta- Court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise.

"Court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate.

"His Majesty's dominions" includes any British pro- tectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty.

"Probate" and "Letters of Administration" include confirmation in Scotland, and any instrument having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administra- tion respectively.

"Estate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administra- tion is or are granted.

Sealing of probates and letters of administra- tion granted by British

67. Where a Court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has, either before or after the passing of this Ordinance, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted Courts may, on being produced to, and a copy thereof deposited Colony. with the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in the Colony as if granted by that court.

outside the

Conditions

to be

fulfilled before

sealing.

Security

of debts.

1944

68. The Court shall, before sealing a probate or letters of administration under this Part, be satisfied:

(a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate;

and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

69. The Court may also, if it thinks fit, on the application for payment of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.

Duplicate

or copy admissible.

Rules as to practice under this Part.

55 & 56 Vict. c. 6, s. 2 (5).

70. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.

71. The power conferred on the Chief Justice by section. 74 of this Ordinance to make general rules and orders, subject to the approval of the Legislative Council, for regulat- ing the procedure and practice, including fees and costs, in the Supreme Court on and incidental to applications for grants of probate or letters of administration in this Colony shall apply to applications for sealing under this Part, and subject to any exceptions and modifications made by such rules and orders, the enactments for the time being in force in relation to Estate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this Part were applying for probate or letters of administration.

Objects and Reasons.

1. The object of this amending Ordinance is to substitute provisions, relating to the sealing of probates and letters of administration granted by British Courts outside the Colony, based on a model Ordinance enclosed with the Secretary of State's Circular despatch of the 15th August, 1935, for the provisions of Part VI of the Probates Ordinance, No. 2 of 1897, relating to the same subject.

2. Part VI of that Ordinance provided for the re-sealing in the Colony of probates and letters of administration (including confirmation in Scotland) granted by courts of probate in the United Kingdom, British Courts in foreign countries and British possessions, but in the latter case only where the legislatures of such possessions had made provision for reciprocity (see section 70 of Ordinance No. 2 of 1897).

3. In the said Circular despatch the Secretary of State pointed out that though the principle of reciprocity is embodied at present in the United Kingdom Legislation on the subject (see section 1 of the Colonial Probates Act, 1892),

1

1945

it is not desirable to retain it in the Colonial legislation, which he suggests should follow, in all parts of the Colonial Empire, the lines of the model enclosed with the Circular despatch.

4. The passing of this Ordinance will not alter very materially the existing practice of the Court in the Colony, as under the repealed provisions reciprocity has already been recognized and resealing of probates and letters of administra- tion is allowed in the case of British courts in the United Kingdom, China, the Bahamas, Barbados, British Honduras, British Guiana, the Falkland Islands, Fiji, The Gold Coast, Grenada, Lagos, the Leeward Islands, Natal, New South Wales, New Zealand, Queensland, Saint Helena, St. Vincent, South Australia, The Straits Settlements, Tasmania, Trinidad, Bechuanaland Protectorate, Bermuda, British Columbia, Cape Colony, Manitoba, Negri Sembilan, Nigeria, North West Territories, Nova Scotia, Ontario, Orange River Colony, Pahang, Papua (British New Guinea), Perak, Prince Edward Island, Selangor, South Rhodesia, Swaziland, Transvaal, Uganda, Western Australia, the State of Victoria and Ceylon.

5. The absence of Gibraltar, Malta, Jamaica, Kenya, Tanganyika Territory, Mauritius, the Seychelles and a few others from the above list will doubtless be rectified when their legislatures have enacted legislation on the lines of the model Ordinance.

6. A Table of Correspondence between the new pro- visions and the model Ordinance is attached.

October, 1935.

C. G. ALABASTER,

Attorney General.

1946

TABLE OF CORRESPONDENCE.

BETWEEN

The new Ordinance and the draft model Ordinance enclosed with the Secretary of State's Circular despatch of 15th August, 1935.

Section

Section

of new Ordinance.

of model

Ordinance.

Remarks.

1

1

"amendment" for "(Re-sealing)".

2 (prelim-

8

inary)

Repeals Part VI of Ordinance No. 2 of

1897 and substitutes new provisions.

2-66

2

"Estate duty" for "Probate duty" as the latter term is no longer used in the Colony.

2-67

3

2-68

"Part" for "Ordinance".

"Estate duty" for "Probate duty".

2-69

5

2-70

6

"Part" for "Ordinance".

2-71

7

This section has been redrafted to combine the provisions of section 7 of the model, section 2 (5) of the Colonial Probates Act, 1892 (55 & 56 Vict. c. 6) and the repealed sections 67 (5) and 71 (5) of Ordinance No. 2 of 1897.

1947

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 376.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

22nd November, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 377.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

22nd November, 1935.

Reference to

Date.

Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1948

PUBLIC WORKS DEPARTMENT.

  No. S. 378.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Stores

"Tender for Stores", will be received at the Colonial Secretary's Office until Noon of Thursday, the 5th day of December, 1935, for the supply and delivery of the undermentioned Stores required by the Government of Hong Kong during the year 1936-

Class.

No. 1.-Abrasive Cloths and Wheels.

2.-Asbestos and India Rubber

Packings.

3.-Asphalt and Tar.

4.-Bamboo and Cane Goods.

8.-Boat Sundry Equipment.

5.-Belting.

9.-Bolts, Door and Cupboard.

10. Bolts and Nuts.

11.-Boots and Shoes.

12. Bricks and Fireclay Sewage Pipes. 13.-Brooms and Brushes.

14.-Buckets, Iron, Galvanized. 15. Buckets, Wooden.

16.-Canvas.

17.-Castings, Brass.

18.--Castings, Iron.

19.

20.

Chain, Iron.

Class.

No. 55. Hasps and Bolts.

56.-Hinges. 57.-Hosepipes.

58.-Iron and Steel (Angles). 59.--Iron and Steel (Bars). 60.-Iron and Steel (Beams).

63.-Iron and Steel (Plates).

64-Iron and Steel (Sheets). 69.-Lamps.

70.-Leather Goods.

71.-Lime and Portland Cement.

72.-Linen, Household.

73.-Locks.

76.-Metals, Non Ferreous.

77.-Miscellaneous Stores.

78.--Nails and Tacks. 80.-Paints.

81.-Pipes, Iron and Steel. 82.-Polish.

Cloths.

21.-Coal and Coke.

22.--Cooking and Household Utensils.

23.-Cordage, Rope and Twine.

24.-Cotter Pins.

25.-Crockery. 27.--Disinfectants.

36. Electrical Goods (Sundry Fit-

tings).

37.--Electrical Goods (Lamps).

38.-Electrical Goods (Telephone

Accessories).

39.-Electrical Goods (Wire).

44.--Files, Cast Steel.

45.-Firewood.

47.-Furniture.

49.-Gauze, Wire

51.-Glass.

52.-Grease Lubricants.

54. Handles, Drawer.

84.-Rivets.

87.-Screws, Brass, Wood.

88.-Screws, Iron, Wood.

89.--Screws, Iron Coach.

90.-Screws, Brass Metal Thread. 91.-Soap.

96.-Timber.

97.-Tinware.

98.-Tools and Instruments.

99.--Tool Shafts and Handles.

102.-Uniform Clothing.

103.-Upholstery Materials.

104.- Varnishes.

105.--Washers.

106.-Waste, Cotton.

107.-Water and Steam Pipe Fittings. 108.-Wicks.

109.-Wire.

Each of the above is a separate and distinct Specification.

  Tenders may be sent in for one or more Classes and Tenderers may quote for all or any part of each Specification.

Tenderers must produce with each tender a receipt that they have deposited in the Colonial Treasury the sum of Dollars Twenty ($20) as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should such tender be accepted. The deposit shall be returned to any tenderer whose tender is not accepted.

Successful tenderers will be required to deposit in the Colonial Treasury the sum prescribed in the respective Forms of Tender as security for the due and faithful perform- ance of the Contract.

1949

  Forms of Tender and further particulars may be obtained at the Office of the Superintendent of Accounts and Stores, Public Works Department, Lower Albert Road.

The Government does not bind itself to accept the lowest or any tender, and reserves the right to accept ALL OR ANY PART OF EACH Specification.

19th November, 1935.

No. S. 379.

R. M. HENDERSON,

Director of Public Works.

NOTICE TO MARINERS.

No. 90/1935.

Hong Kong-Sham Shui Po.

  A shoal with 11 feet over it at L.W.O.S.T. is in a position, 22° 19′ 40" N., 114° 09, 20" E.

The boulder referred to in Notice to Mariners No. 63/1935 has now been removed.

Harbour Department,

16th November, 1935.

J. B. NEWILL,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

  No. S. 371.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Road from Au Tau to Shek Kong", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 26th day of November, 1935. The work comprises all necessary cutting and filling for widening the existing road from Au Tau to Kam Tin to 25 ft. and constructing a new road 25 ft. wide from Kam Tin to Shek Kong, together with all necessary contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

  The successful tenderer will be required to deposit the sum of $4,000 as security for the due and proper performance of the work.

6th November, 1935.

R. M. HENDerson,

Director of Public Works.

1949

  Forms of Tender and further particulars may be obtained at the Office of the Superintendent of Accounts and Stores, Public Works Department, Lower Albert Road.

The Government does not bind itself to accept the lowest or any tender, and reserves the right to accept ALL OR ANY PART OF EACH Specification.

19th November, 1935.

No. S. 379.

R. M. HENDERSON,

Director of Public Works.

NOTICE TO MARINERS.

No. 90/1935.

Hong Kong-Sham Shui Po.

  A shoal with 11 feet over it at L.W.O.S.T. is in a position, 22° 19′ 40" N., 114° 09, 20" E.

The boulder referred to in Notice to Mariners No. 63/1935 has now been removed.

Harbour Department,

16th November, 1935.

J. B. NEWILL,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

  No. S. 371.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Road from Au Tau to Shek Kong", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 26th day of November, 1935. The work comprises all necessary cutting and filling for widening the existing road from Au Tau to Kam Tin to 25 ft. and constructing a new road 25 ft. wide from Kam Tin to Shek Kong, together with all necessary contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

  The successful tenderer will be required to deposit the sum of $4,000 as security for the due and proper performance of the work.

6th November, 1935.

R. M. HENDerson,

Director of Public Works.

1950

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Intended Dividend.

No. 27 of 1932.

Re Rahmat Din, of No. 131 Woosung Street, (first floor), Kowloon, Chau- ffeur.

FIRST and final dividend is intended to

be declared in this matter.

     Creditors who have not proved their debts by the 28th day of December, 1935, will be excluded.

A

No. 13 of 1924.

Re Chan Shiu Tsun, of No. 63 Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Clerk.

FOURTH and final dividend is intended

        to be declared in this matter. Creditors who have not proved their debts by the 28th day of December, 1935, will be excluded.

Dated the 22nd day of November, 1935.

JAMES J. HAYDEN,

Official Receiver

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 22 of 1920.

Re E. A. Beaumont formerly carrying on business under the style of Beaumont & Co., at Prince's Build- ing, Victoria, in the Colony of Hong Kong, Imports and Exports.

FIRST and final dividend of $0.80 per cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

        mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 26th day of November, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

    Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 22nd day of November, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Wong Mee late of No. 161, Munro Street, in the County of New York, in the United States of America, Labourer.

NOTICE is hereby given that the Court has,

       by virtue of the provisions of Section 58 of the Probates Ordinance No. 2 of 1897, made an Order that the time for Creditors and others to send in their claims against the above estate shall be limited to 20th day of December, 1935.

     All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 21st day of November, 1935.

HASTINGS & CO., Solicitors for the Administrator, Gloucester Building, 2nd floor, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS

No. 63 of 1935.

In the Matter of the National Com-

mercial & Savings Bank, Limited,

and

In the Matter of the Companies Ordı-

nance, 1932.

OTICE is hereby given, that by an Order dated the 16th day of November, 1935, the Court has directed separate meetings of:-

(1) The unsecured creditors, and

(2) The members of the abovenamed Com-

pany respectively to be convened for the purpose of considering and, if thought fit, approving, with or without modification, a Scheme of Arrange- ment proposed to be made between the said creditors and members and the said Company respectively such meetings to be held on Mon- day, the 16th day of December, 1935, at the registered office of the Company, No. 8A, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, at the respective times below mentioned, namely: --

(1) The Meeting of Creditors at 11.30 o'clock

in the forenoon,

(2) The Meeting of the Members at 2.30 o'clock in the afternoon, or so soon there- after as the said Meeting of Creditors is concluded;

at which place and respective times all the said creditors and members are requested to attend.

A print of the said Scheme of Arrangement can be seen and forms of proxy obtained at the office of the liquidators at No. 8A, Des Voeux Road Central, Victoria aforesaid, or of their Solicitors, Messrs. Lo and Lo, Alexandra Build- ings, Victoria aforesaid on any week day between the hours of 10 a.m. and 5 p.m. prior to the date of the said meetings.

The creditors and members respectively may attend such separate meetings as aforesaid and

In the Matter of The Companies Ordin-

ance, 1932,

and

In the Matter of The Wing Cheong

Company, Limited.

(IN LIQUIDATION).

MEMBERS VOLUNTARY WINDING-UP.

NOTICE is hereby given in pursuance of

Section 225 of the Companies Ordinance 1932, that a General Meeting of the members of the above mentioned Company will be held at No. 122 Queen's Road Central, (1st floor), Vic- toria, in the Colony of Hong Kong, on Satur- day, the 4th day of January, 1936, at 3 o'clock in the afternoon, for the purpose of having an account laid before them showing the manner in which the winding up has been conducted and the property of the company disposed of and of hearing any explanation that may be given by the Liquidator and also of determining by Extraordinary Resolution the manner in which the books, accounts, and documents of the Company, and of the Liquidator thereof shall be disposed of.

Dated this 22nd day of November, 1935.

鄭昌

Liquidator.

(FILE No. 389 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

vote in person or by proxy, provided that all NOTICE is hereby given that Quong May

proxies given by the creditors and members be deposited with the said liquidators at No. 8A, Des Voeux Road Central, Victoria aforesaid, not later than 12 o'clock noon on Saturday, the 14th day of December, 1935.

The Court has appointed the Rev. Cheung Chuk Ling or failing him Mr. Mann, K. Wong to act as chairman of the said meetings, and has directed such chairman to report the result of the said meetings to the Court.

The abovementioned Scheme will be subject to the subsequent approval of the Court.

Dated the 22nd day of November, 1935.

LO AND LO, Solicitors for the said Liquidators.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of William Strachan late of No. 30 Tregonwell Road, Bourne- mouth in the County of Hants, England, deceased.

NOTICE is hereby given that the Court

has, by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 13th day of December, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 18th day of November, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building, Ice House Street, Hong Kong.

Co., of No. 328, Lockhart Road, in the Colony of Hong Kong, have on the 9th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ATOTATUTATOT

TOTATOTATOTAT

TATO

FRADE #MARK

POTATO CHIPS

ITS DELICIOUS

(VLDIVLOIVLO

TATOTA TOTA

in the name of Quong May Co., who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Potato Chips in Class 42.

Registration of this Trade Mark shall give no right to the exclusive use of the Chinese characters"

薯脆" and of the word

"

"TATO" appearing round the border of the mark and of the word TATO" save in the manner shown on the face of the mark.

Dated the 22nd day of November, 1935.

QUONG MAY CO., Hong Kong, Applicants.

1951

NOTICE

(FILE No. 409 OF 1935).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

́OTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered in the Empire of Japan having a branch office at No. 5 Ice House Street, Victoria, in the Colony of Hong Kong, on the 30th day of September, 1935, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

(FILE No. 391 of 1935)

TRADE MARKS ORDINANCE, 1909

N

Application for Registration of Two Trade Marks.

OTICE is hereby given that Tai On

Registered Office is situate at No. 40 Hing Lung Street, Victoria, Hong Kong, have, by two applications both dated the 9th day of Septem- ber, 1935, applied for he registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

SYLVIA

  in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect

of Perfumed Soap in Class 48.

Dated the 25th day of October, 1935.

HASTINGS & CO.

Solicitors for the Applicants, Gloucester Building, Hong Kong.

狗仔

HRE BE

DOG BRAND

(2)

商標

Kit

N

(FILE No. 253 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Orient

Paint, Cooper y gi va tish Co., Ltd., at

  Shanghai have on 18th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

ORIENT

THE

(FILE No. 428 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given

Chee Hien

N Ink Company of Kr. 544, Nathan Road,

Yaumati, Hong Kong, has on the 16th day of October, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MONKEY BRAND

in the name of the said Tai On Manufacturing Company Limited, who claim to be the proprie- tors thereof.

The Trade Marks have been used by the applicants in respect of Mosquito destroying incense in Class 2.

Dated the 27th day of September, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

一千九百三十五年十一月十五日 車務部亞盧同啓

聲一轉守動啓 明槪轕嗣車者 以與井後公湛 聲 昭富賒湛司國 鄭十借濟執禛 車富重自等在司又 七免動俱外機名

富七自動車公司謹

至車歸一之

後公湛切職濟 論司濟行經前 無個動已在 涉人及辭富

特自華退士 此理洋職自

  in the name of The Orient Paint, Colour and Varnish Co., Ltd., who claim to be the sole proprietors thereof.

This Trade Mark is intended to be used in respect of Paints and Varnishes in Class 1.

   The two facsimiles shown above_are_regis- tered as a series of Trade Marks under Section 26 of the Trade Mark Ordinance 1909 and are associated with each other.

Dated this 25th day of October, 1935.

BUTTERFIELD & SWIRE,

Hong Kong.

General Agents & Attorneys for and on behalf of

THE ORIENT PAINT, COLOUR & VARNISH CO., LTD.

in the name of Chee Hien Ink Company, who claims to be the sole proprietor thereof.

The Trade Mark has not hitherto been used by Chee Hien Ink Company but it is their intention so to use it forthwith in respect of Inks, Chinese Inks, Gum and Paste in Class 39.

Dated the 25th day of October, 1935.

CHEE HIEN INK CO.,

No. 544, Nathan Road, Yaumati, Hong Kong,

Applicants.

(FILE No. 360 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that Sam Fong Face

1952

(FILE No. 397 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Powder Factory, () NOTICE is hereby given that M. P. San &

of Nos. 163 and 165 Pak Tai Street, Kowloon City, Hong Kong, have, by three applications all dated the 22nd day of August, 1935, applied for the registration in Hong Kong, in the Regis- ter of Trade Marks, of the following Trade Marks:-

:-

(1)

MARK

having its Office at No. 293, Des Voeux Road Central, Hong Kong and its Fac- Hong Kong, Confectionery and Biscuit Manu- tory at Nos. 34 to 46, Whitfield, Causeway Bay, facturers, have on the 14th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

糖啤啤

(FILE NO. 330 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Leung Fai

Tong () of No. 40

Lyndhurst Terrace ground floor, Victoria, in the Colony of Hong Kong, Merchant, Managing

Partner of the Man Kee firm (萬記號)

of the above address have on the 16th day of September, 1935, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :--

BEDAK BOTAN

粉香丹牡

品出莊粉鳳三州廣

SAM FONG FACE POWDER FACTORY

(2)

(3)

ཡོམ :|:དུངས པས རྨོང

旅粉鳳

Powder Mankee

WHISTLE BRAND

in the name of M. P. San & Co, who claim to be the sole proprietors thereof.

The Trade Mark is intended to be used forth-

with by M. P. San & Co., in respect of Confec- tionery in Class 42.

Dated the 27th day of September, 1935.

M. P. SAN & CO.,

Applicants.

(FILE No. 398 OF 1935)

TRADE MARKS ORDINANCE, 1909.

N

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Sunbeam Manufacturing Company, of Nos. 6 to

10C, Kilung Street, Shamshuipo, Kowloon, Hong Kong, have on the 16th day of Septem- ber, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

牌角鹿

TRADE

MARK

AR

in the name of the Man Kee firm,

who claim to be the sole proprietors

thereof.

The said Trade Mark is intended to be used by the Applicant in Class 48 in respect of Face Powder.

The Applicant disclaims the right to the exclusive use of the words "Man Kee" and of the numerals "300" appearing thereon.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks, and of the undersigned.

Dated the 27th day of September, 1935.

D'ALMADA & MASON, Solicitors for the Applicant, 33, Queen's Road Central, Hong Kong.

(FILE No. 399 or 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Leurg So Kee Firm, of No. 129 Wai Oi Road West,

Canton, China, and of No. 187, Fa Yuen Street, top floor, Mongkok, Kowloon, Hong Kong, Umbrella Makers, have on the 17th day of

September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

in the name of the said Sam Fong Face Powder

Factory, who claim to be the proprietors thereof.

The Trade Marks have been used by the Applicants in respect of Chinese face powder in Class 48.

The Trade Marks are associated with one another and with Trade Mark No. 5 of 1930.

      The registration of the Trade Marks shall give no right to the exclusive use of the following, namely, on Mark No. 1, the words " Bedak Botan", the Chinese characters"

", the representation of a peony except as shown on the Mark and the firm name appear- ing thereon; on Mark No. 2, the Chinese

characters "海棠粉" and "三

"1

in combination or separately and the firm name appearing thereon ; and on Mark No. 3, the Chinese characters" and the firm name appearing thereon.

Dated the 27th day of September, 1935.

GEO. K. HALL FRUTTON & CO., Solicitors for the Applicants,

Hong Kong.

Company, who claim to be the proprietors in the name of The Sunbeam Manufacturing

thereof.

The Trade Mark has been used by the appli- cants in respect of Flashlights in Class 8 and is also intended to be used forthwith by the appli- cants in respect of Flashlight Cells in Class 8.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 27th day of September, 1935.

THE SUNBEAM MANUFACTURING CO.,

Applicants, Hong Kong.

梁蘇

in the name of Leung So Kee Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by Leung So Kee Firm in respect of Umbrellas in Class 50 since the year 1932.

Registration of this Trade Mark shall give no right to the exclusive use of the Chinese

characters "梁蘇記遮" appearing

thereon.

Dated the 27th day of September, 1935.

LEUNG SO KEE FIRM,

Applicants.

:

1953

(FILE Nos. 436 AND 441 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby, given that Kanji Ohbora, of 14-banchi, 3-chome,

Umegae-cho, Higashi-ku, Nagoya, Japan, on the 20th day of August, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

OLYMPUS

in the name of the said Kanji Ohbora, who claims to be the proprietor thereof,

The Trade Mark is intended to be used by the Applicant in respect of Cotton yarn for sewing, embroidering and knitting in Class 23, Silk yarn for sewing, embroidering and knitting in Class 30, Artificial silk yarn for sewing, embroidering and knitting in Class 50.

The above Trade Marks in Classes 23, 30 and 50 are to be associated with each other.

Dated the 22nd day of November, 1935.

HASTINGS & CO. Solicitors for the Applicants,

Gloucester Building,

Hong Kong.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

1956

――

LEGISLATIVE COUNCIL.

No. S. 380.-The following Bills were read a first time at a meeting of the Council held on the 28th November, 1935 :-

(C.S.O. 499/20).

A BILL

[No. 8:-26.9.35.-5.]

Short title.

Amendment of Corps Units in Ordinance No. 10 of 1933, First Schedule

r. 3 (1).

Amendment

of Ordinance

No. 10 of 1933, s. 5.

New section

INTITULED

An Ordinance to amend the Volunteer Ordinance, 1933.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Volunteer Amendment Ordinance, 1935.

2. The list of Corps Units in regulation 3 (1) in the First Schedule to the

the Volunteer Ordinance, 1933, is amended-

by the substitution of "(m) Air Arm." for "(m) Flying Section."

3. Section 5 of the Volunteer Ordinance, 1933, is amended-

(i) by the insertion of the words "of the Air Arm or" after the word "member" in the second line of sub-section (3).

(ii) by the addition of the following sub-section :-

(4) Notwithstanding anything hereinbefore contained every member of the Air Arm shall be deemed to have engaged himself to serve in that unit for a period of four years from the date of his admission to that unit, and should he continue therein then for a further period or periods of four years at a time, and if he without the permission of the Commandant ceases so to serve he shall, if called upon so to do, pay to the Commandant such sum. not exceeding five hundred dollars, as shall represent, in the opinion of the Commandant, the cost to the Government of his training during the then current period of four years.

4. The Volunteer Ordinance, 1933, is amended by the 16A inserted insertion of the following new section after section 16:-

in Ordinance

No. 10 of

1933.

Additional

penalty for failure of member of

16A. Every member of the Air Arm who in the opinion of the Commandant fails without reasonable excuse to complete the requirements of efficiency in any year shall also fulfil obliga- pay to the Commandant such sum, not exceeding five hundred dollars, as shall represent, in the opinion of the Commandant, the cost to the Government of his training during that year.

Air Arm to

tions as to efficiency.

1957

5. The Volunteer Ordinance, 1933, is amended by the New section insertion of the following new section after section 26:-

26A inserted in Ordinance No. 10 of

1933.

treatment

26A. If any officer of the corps or volunteer receives Conditions any wound or other injury whilst on duty, or suffers from of medical illness or disability directly incurred in the execution of duty, where he shall be entitled to treatment in a Government Hospital injury or on terms similar to those granted to Government officers.

6. The Volunteer Ordinance, 1933, is also amended (i) in section 3 (1) by the substitution of the word "volunteer" for the words "member thereof";

(ii) in section 11 (5) by the insertion of the words "of the corps" after the word "officer";

(iii) in the proviso to section 15 (1) (iv) by the substitution of the words "assembly of the corps" for the words "assembly of his corps'; and

(iv) in section 16 (5) by the substitution of the word "volunteer" for the words "member of the corps", "member of the volunteer corps" and "member" respectively.

wounds,

illness are incurred on duty.

Amendment

of Ordinance

No. 10 of

1933, ss. 3, 11, 15 and

16.

7. Regulation 9 in the First Schedule to the Volunteer Amendment Ordinance, 1933, is amended-

of Ordinance No. 10 of 1933, First

(i) by the substitution of the words "ten shillings" for Schedule, the words "twenty shillings" in sub-section (1); and

(ii) by the substitution of "five shillings" for "ten shillings" in sub-section (2).

Regulation

y.

8. The First Appendix to the First Schedule to the Amendment Volunteer Ordinance, 1933, is amended-

(i) by the substitution of "4, 5, 6, 6A, 7 and 8" for "4, 5 and 6" in the first line of paragraph 3.

(ii) by the substitution of "paragraphs 3 and 4" for "paragraph 3" in the third line of paragraph 5.

(iii) by the insertion of the following new paragraph after paragraph 6:-

6A.-(1) Every officer and volunteer of the Air Arm shall undergo the following training annually:

(a) Annual inspection.

(b) A minimum of six hours flying per quarter.

(c) A course of lectures.

(2) The Camp for this unit will be optional.

of Ordinance No. 10 of 1933, First Schedule First Appendix.

9. The Second Appendix to the First Schedule to the Amendment Volunteer Ordinance, 1933, is amended by the addition at of Ordinance the end thereof of the following paragraph :-

No. 10 of 1933, First Schedule

Officers of the Air Arm are issued with the following Second articles on loan:-

Appendix.

1 Suit overalls

1 Flying helmet

1 Pair goggles

1 Pair earphones

1 Flying training manual

Amendment

1958

     10. The Third Appendix to the First Schedule to the of Ordinance Volunteer Ordinance, 1933, is amended by the addition of

the following paragraph at the end thereof :-

No. 10 of

1933, First Schedule Third Appendix.

Amendment

of Ordinance No. 10 of 1933, First Schedule Fourth

Appendix.

(8) Members of the Air Arm are issued with the follow- ing articles on loan:-

1 Suit overalls

1 Flying helmet

1 Pair goggles

1 Pair earphones

1 Flying training manual.

11. The Fourth Appendix to the First Schedule to the Volunteer Ordinance, 1933, is amended by the addition of the following paragraph at the end thereof :-

9 Return of flying hours. 1st of each month.

Objects and Reasons.

The principal object of this Ordinance is to substitute. an Air Arm for the Flying Section of the Hong Kong Volunteer Defence Corps and to enact provisions in the Volunteer Ordinance, 1933, and the regulations thereunder appropriate to this unit. The cost of training members of this unit will be considerable. It is considered therefore that they should engage to serve for periods of four years at a time, and not merely for three years as is the case in the other Corps units.

If they cease, without permission, to serve in the unit during any such period they will be required to refund the cost to the Government of their training in that period up to a maximum of $500. Similarly they will be required to make a refund in respect of any year in which they do not complete the requirements of efficiency, which will be at least six flying hours per quarter.

The new section 26A, providing for medical attendance in a Government Hospital for wounds, injuries or illness incurred whilst on duty on terms similar to those granted to Government Officers, is applicable to all members of the Corps and not merely to members of the Air Arm.

Clause 6 makes certain verbal changes in the principal Ordinance as the result of suggestions contained in the War Office letter of the 29th September 1933 enclosed with the Secretary of State's despatch of the 9th November 1933.

!

Section 7 makes a reduction in the allowances which will be made to officers, warrant officers and non-commissioned officers attending courses of instruction in the United Kingdom.

C. G. ALABASTER,

Attorney General.

September, 1935.

1959

[No. 33-4.10.35.-2.]

A BILL

INTITULED

An Ordinance to amend the Probates Ordinance, 1897.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Probates Amend- Short title. ment Ordinance, 1935.

for Part

2. The Probates Ordinance, 1897, is amended by the Substitution repeal of PART VI thereof and by the substitution therefor of the following:

VI of Ordinance No. 2 of 1897.

PART VI.

Sealing of Probates and Letters of Administration granted by British Courts outside the Colony.

tion.

66. In this Part, unless the context otherwise requires- "British court in a foreign country" means any British Interpreta- Court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise.

"Court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate.

"His Majesty's dominions" includes any British pro- tectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty.

"Probate" and "Letters of Administration" include confirmation in Scotland, and any instrument having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administra- tion respectively.

"Estate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administra- tion is or are granted.

Sealing of probates and letters of administra- tion granted by British

Courts

67. Where a Court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has, either before or after the passing of this Ordinance, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited Colony. with the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in the Colony as if granted by that

court.

outside the

Conditions

to be

fulfilled

before

sealing.

Security

of

1960

68. The Court shall, before sealing a probate or letters of administration under this Part, be satisfied:

if

(a) that estate duty has been paid in respect of so much, any, of the estate as is liable to estate duty in the Colony;

and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate;

and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

69. The Court may also, if it thinks fit, on the application. for payment of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.

Duplicate

or copy admissible.

Rules as to practice under this Part. 55 & 56

Vict. c. 6, s. 2 (5).

70. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.

71. The power conferred on the Chief Justice by section 74 of this Ordinance to make general rules and orders, subject to the approval of the Legislative Council, for regulat- ing the procedure and practice, including fees and costs, in the Supreme Court on and incidental to applications for grants of probate or letters of administration in this Colony shall apply to applications for sealing under this Part, and subject to any exceptions and modifications made by such rules and orders, the enactments for the time being in force in relation to Estate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this Part were applying for probate or letters of administration.

Objects and Reasons.

1. The object of this amending Ordinance is to substitute provisions, relating to the sealing of probates and letters of administration granted by British Courts outside the Colony, based on a model Ordinance enclosed with the Secretary of State's Circular despatch of the 15th August, 1935, for the provisions of Part VI of the Probates Ordinance, No. 2 of 1897, relating to the same subject.

2. Part VI of that Ordinance provided for the re-sealing in the Colony of probates and letters of administration (including confirmation in Scotland) granted by courts of probate in the United Kingdom, British Courts in foreign countries and British possessions, but in the latter case only where the legislatures of such possessions had made provision for reciprocity (see section 70 of Ordinance No. 2 of 1897).

3. In the said Circular despatch the Secretary of State pointed out that though the principle of reciprocity is embodied at present in the United Kingdom Legislation on the subject (see section 1 of the Colonial Probates Act, 1892),

1961

it is not desirable to retain it in the Colonial legislation, which he suggests should follow, in all parts of the Colonial Empire, the lines of the model enclosed with the Circular despatch.

4. The passing of this Ordinance will not alter very materially the existing practice of the Court in the Colony, as under the repealed provisions reciprocity has already been recognized and resealing of probates and letters of administra- tion is allowed in the case of British courts in the United Kingdom, China, the Bahamas, Barbados, British Honduras, British Guiana, the Falkland Islands, Fiji, The Gold Coast, Grenada, Lagos, the Leeward Islands, Natal, New South Wales, New Zealand, Queensland, Saint Helena, St. Vincent, South Australia, The Straits Settlements, Tasmania, Trinidad, Bechuanaland Protectorate, Bermuda, British Columbia, Cape Colony, Manitoba, Negri Sembilan, Nigeria, North West Territories, Nova Scotia, Ontario, Orange River Colony, Pahang, Papua (British New Guinea), Perak, Prince Edward Island, Selangor, South Rhodesia, Swaziland, Transvaal, Uganda, Western Australia, the State of Victoria and Ceylon.

5. The absence of Gibraltar, Malta, Jamaica, Kenya, Tanganyika Territory, Mauritius, the Seychelles and a few others from the above list will doubtless be rectified when their legislatures have enacted legislation on the lines of the model Ördinance.

6. A Table of Correspondence between the new pro- visions and the model Ordinance is attached.

October, 1935.

C. G. ALABASTER,

Attorney General.

1962

TABLE OF CORRESPONDENCE.

BETWEEN

The new Ordinance and the draft model Ordinance enclosed with the Secretary of State's Circular despatch of 15th August, 1935.

Section of new Ordinance.

Section

of model

Ordinance.

Remarks.

1

1

"amendment" for "(Re-sealing)".

2 (prelim-

8

inary)

Repeals Part VI of Ordinance No. 2 of

1897 and substitutes new provisions.

2-66

2

"Estate duty" for "Probate duty" as the latter term is no longer used in the Colony.

2-67

2-68

4

"Part" for "Ordinance".

"Estate duty" for "Probate duty".

2-69

5

2-70

6

"Part" for "Ordinance".

2-71

7

This section has been redrafted to combine the provisions of section 7 of the model, section 2 (5) of the Colonial Probates Act, 1892 (55 & 56 Vict. c. 6) and the repealed sections 67 (5) and 71 (5) of Ordinance No. 2 of 1897.

1

1

1963

[No. 28-4.11.35.-3.]

A BILL

INTITULED

An Ordinance to provide for the Incorporation of The

Hong Kong Travel Association.

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

1. This Ordinance may be cited as The Hong Kong Short title. Travel Association Incorporation Ordinance, 1935.

tion.

2. In this Ordinance "Constitution" means the constitu- Interpreta- tion of The Hong Kong Travel Association as set out in the Schedule hereto or any amended constitution approved by the Schedule. Governor which may be made thereunder.

3.-(1) The members of The Hong Kong Travel Associa- Incorpora- tion, for the time being, from time to time, shall be a body tion. corporate, (hereinafter called "the Corporation") and shall have the name of "The Hong Kong Travel Association" and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal.

(2) The government of the Corporation shall be vested, subject to the conditions of the constitution, in the Board of Directors thereof.

(3) The first Board of Directors shall consist of:-

William James Carrie (Chairman)

Charles Henry Benson

Ma Man Fai (馬文輝)

Norman James Perrin

James Harper Taggart

Tang Chung Pat(鄧宗弼)

Reginald David Walker

(4) Subsequent directors, whether appointed in immediate succession to any of the first directors or not, shall be appointed in accordance with the constitution and shall for the time being be deemed to be successors in office of the first directors and to be members of the Corporation.

Powers of the Corpor- ation.

Execution of documents.

Internal

1964

4. (1) The Corporation shall have the power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situated, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever.

(2) The Corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the Corporation, upon such terms as the Corporation may seem fit.

(3) The Corporation shall also have power to conduct its affairs in accordance with the constitution.

5. All deeds and other instruments requiring the corporate seal of the corporation shall be sealed in the presence of two of the directors and shall be signed by the Chairman of the Board of Directors and one other director.

    6. All matters of internal management, including any management. amendment of the constitution, shall be settled and carried

out in accordance with the constitution.

Saving of the rights

of the

Crown and

of certain other

persons.

7. Nothing in this Ordinance shall affect or be deemed. to affect the rights of His Majesty the King, his heirs or successors, or the rights of any body politic or corporate or of any other person except such as are mentioned in the Ordinance and those claiming by from or under them.

SCHEDULE.

[ss. 2 & 3.]

CONSTITUTION OF THE HONG KONG TRAVEL ASSOCIATION.

Name and General Policy.

1. The name of the Association shall be The Hong Kong Travel Association and the following characters may be used in rendering its name into Chinese:

T

2. The objects and purpose of the Association shall be as llows:

(i) The encouragement of travel in general and the promotion of travel facilities.

(ii) The rendering of assistance to tourists and travellers while in the Colony.

3. For the accomplishment of these objects the Association may undertake the following:-

(i) Co-operation with railways, steamship companies, air lines and other public carriers, hotels, mercantile houses and institutions directly connected with travel with a view to the improvement of their service and the development of mutual advantages.

(ii) Propagation of information concerning the Colony and afford- ing travel information and facilities to travellers.

i

1965

(iii) The taking of any measures necessary for the realisation of the objects specified in the foregoing clauses.

Membership.

4. The members of the Association shall be of three classes- honorary members, ordinary members, and representative members.

5. An honorary member shall be nominated by a resolution of the Board of Directors.

6. An ordinary member of the Association shall be one who is intimately connected with travel or in sympathy in the work of the Association.

7. Any member of the Association shall be eligible for electing, or being elected to, the Board of Directors.

8. Any member desirous of withdrawing from the Association shall notify his intention to the Association.

9. Any government, body corporate or firm which subscribes to the Association may nominate representative members according to the following scale based on the amount of the subscription made to the funds of the Association:

A subscription of $50 and less than $100: one representative; A subscription of $100 and less than $150: two representatives. Further additional representatives shall be at the rate of one repre- sentative for each additional increment of $50 in the subscrip- tion.

When representatives have been chosen according to the pro- visions of this clause their names shall be notified to the Association and shall be deemed representative members until replaced by other nominees of the government, body corporate or firm subscribing.

10. Any member may be expelled from membership by the Board of Directors, if he is considered to be guilty of any act in- jurious to the reputation or contrary to the aims of the Association or if he has omitted the payment of his subscription.

General Meetings.

11. All members of the Association who are resident in Hong Kong shall be invited to attend the General Meetings of the Asso- ciation and ten members present shall constitute a quorum.

12. There shall be a regular General Meeting of the Association annually at such time and place as the Board of Directors may decide. Special General Meetings may be called by the Board of Directors or upon the request of more than ten members.

13. The duties and powers of the General Meeting shall include the following:-

(i) To see that the objects and purposes of the Association are carried out.

(ii) To adopt a general programme for the Association.

(iii) To elect a Board of Directors.

(iv) To amend, when necessary, the powers and duties of the Board of Directors.

(v) To consider and adopt the report of the Board of Directors.

14. At a general meeting each member shall have one vote. A member whose subscription exceeds $50 shall have an extra vote for each additional $50 (a fraction thereof not being counted) in the amount of his subscription.

Where a Government, body corporate or firm has nominated a lesser number of representatives than it is entitled to under Article 9 each representative member shall use one vote and the remaining votes shall be used by one representative member whose name has been specially notified to the Association..

1966

15. Any motion at a general meeting shall be decided by a majority vote of those present. In the event of a tie, the Chairman shall have a casting vote.

Board of Directors.

16. The Chairman of the Board of Directors shall be appointed by the Governor.

17. The Board of Directors (exclusive of the Chairman) shall be duly elected at the regular annual meeting of the members in accord- ance with the Constitution.

18. The Board of Directors (exclusive of the Chairman) shall consist of not more than six members who shall serve without emolu- ment for a term of three years and of whom two shall retire each year but, being eligible, may be re-elected.

19. Nomination of candidates for election to the Board of Direc- tors may be made by three or more members and the names of such nominees must be sent to the Chairman at least one week before the regular annual meeting at which the election will be held.

20. Casual vacancies in the Board of Directors shall be filled by the Board, and a Director thus appointed shall serve for the un- expired term of his predecessor.

21. The Board of Directors shall hold regular monthly meetings and three members (including the Chairman) shall constitute a quorum. Special meetings of the Board may be called at the dis- cretion of the Chairman. All motions put at a meeting of the Board of Directors shall be decided by a majority vote of those present. In the event of a tie, the Chairman shall have a casting vote.

22. The government of the Association shall be vested in the Board of Directors who shall have the following powers and duties:

(i) To carry out the objects and purposes of the Association as set out in Article 2 of this Constitution.

(ii) To execute the decisions of the Association.

(iii) To adopt a programme of activities of the Association. (iv) To adopt measures for the extension of the Association.

(v) To adopt a budget and supervise the finances of the Asso- ciation.

(vi) To appoint and discharge employees of the Association.

(vii) To cancel the membership of any member for misconduct or for breach of any articles or regulations of the Association.

(viii) To act as Trustees of the Association in the holding of real and other immovable property.

(ix) To enact and promulgate regulations, not contrary to the Constitution, for the management of branches, departments or sec- tions of the Association.

23. The Chairman may, when urgency demands such a pro- cedure, decide by himself and carry out any matter which comes within the power of the Board of Directors.

Any matter decided and carried out by him in accordance with the provision of this clause shall be reported to the Board of Direc- tors at its next ensuing meeting.

24. Any measure or resolution adopted by a general meeting of members but considered by the Board of Directors as impracticable or requiring modification may be referred back to a general meeting for reconsideration, but a majority of those present at such general meeting may override the veto of the Board.

Subscriptions.

25. The minimum subscription payable by a member (other than an honorary member or representative member) shall be $50 a year.

1967

26. The subscription paid by a member shall not be refunded on his withdrawal or expulsion from the Association.

27. In the event of the winding up of the Association, the dis- position of the property then held by it shall be decided by a resolu- tion of a general meeting of the members, with the exception of any fund which may be created for the granting of allowances to employees on their retirement from service.

The Financial Year.

28. The financial year of the Association shall begin in July 1st every year and end on June 30th of the following year.

Amendments.

29. Amendments to the Constitution, except articles 2 and 16 may be made at any general meeting held under article 12, provided that if the proposed amendments are recommended by the Board of Directors notice of the same shall be set out in the notice convening the meeting and if the proposed amendments are suggested by some other member they shall be in writing and forwarded to the Chairman for examination by the Board of Directors at least one month before the next general meeting and provided that no amendment shall be effective unless passed by a two-thirds majority of the votes of all present at the meeting and unless and until the Constitution as so amended is approved by the Governor.

Objects and Reasons.

The object of the Ordinance is to incorporate The Hong Kong Travel Association. It follows the lines of similar local incorporation Ordinances, notably Ordinance No. 16 of 1932.

October, 1935.

C. G. ALABASTER,

Attorney General.

:

1968

[No. 34-14.10.35.-1.]

A BILL

Short title.

Court may make orders as to

custody and maintenance of infants.

c. 27, s. 5;

INTITULED

An Ordinance to amend the law relating to the custody of

infants.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Infants Custody Ordinance, 1935.

2.-(1) The court, upon the application of the father or the mother of any infant, and whether or not the mother is then residing with the father, may make such order as it may think fit regarding the custody of such infant and the 49 & 50 Vict. right of access thereto of either parent, having regard to the welfare of the infant, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and may further order that the father shall pay to the mother towards the maintenance of the infant such weekly or other periodical sum as the court, having regard to the means of the father, may think reasonable.

15 & 16 Geo. 5, c. 45,

s. 3;

18 & 19 Geo. 5, c. 26,

s. 16.

Custody of infant in case of

separation

deed between

father and mother.

36 & 37 Vict. c. 12, s. 2.

Enforcement

of orders

for payment

of money.

(2) No such order, whether for custody or maintenance, shall be enforceable and no liability shall accrue while the mother resides with the father, and any such order shall cease to have effect if for a period of three months after it is made the mother of the infant continues to reside with the father.

(3) The court may alter, vary or discharge any order made under sub-section (1) on the application of either parent, or, after the death of either parent, of any guardian of the infant, and in every case may make such order respecting the costs of the mother and the liability of the father for the same or otherwise as to costs as the court may think just.

3. No agreement contained in any separation deed made. between the father and mother of an infant shall be held to be invalid by reason only of its providing that the father of such infant shall give up the custody or control thereof to the mother:

Provided that no court shall enforce any such agreement if the court is of opinion that it will not be for the benefit of the infant to give effect thereto.

4.- (1) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money under this Ordinance shall give notice 15 & 16 Geo. of any change of address to such person, if any, as may be specified in the order, and any person failing without reason- able excuse to give such a notice shall be liable on summary conviction to a fine not exceeding fifty dollars.

5, c. 45,

s. 8.

>

1969

(2) Where the Supreme Court has made any such order, the court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where there is any pension or income payable to the person against whom the order is made and capable of being attached, after giving the person by whom the pension or income is payable an opportunity of being heard, to order that such part as the court may think fit of any such pension or income, be attached and paid to the person named by the court, and such further order shall be an authority to the person by whom such pension or income is payable to make the payment so ordered, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the person by whom the pension or income is payable.

5.-(1) In this Ordinance the expression "the court" Extension shall also include a magistrate :

Provided that a magistrate shall not be competent-

of jurisdic- tion to magistrates.

15 & 16 Geo. 5, c. 45,

(a) to entertain any application, other than an applica- s.7. tion for variation or discharge of an existing order under this Ordinance, relating to an infant who has attained the age of sixteen years, unless the infant is physically or mentally incapable of self-support; or

(b) to award the payment of sums towards the mainten- ance of any infant exceeding ten dollars a week.

No. 41 of 1932.

(2) The provisions of the Magistrates Ordinance, 1932, Ordinance shall apply to every proceeding before, and every order by a magistrate under this section, and-

(i) the application may be heard and determined other- wise than in open court;

(ii) where the magistrate considers that the matter is one which would more conveniently be dealt with by the Supreme Court, he may refuse to make an order, and in such case, without prejudice to the general right of appeal conferred by the Magistrates Ordinance, 1932, no appeal shall lie from the decision of the magistrate;

(iii) an order for the payment of money shall be enforce- able in like manner as an order for the payment of a civil debt recoverable summarily before a magistrate;

(iv) where an order contains a provision committing to the applicant the legal custody of any infant a copy of the order may be served on any person in whose actual custody the infant may for the time being be, and thereupon the provision may, without prejudice to any other remedy open to the applicant, be enforced under sub-section (2) of section 34 of the Magistrates Ordinance, 1932, as if it were an order Ordinance of the magistrate requiring that person to give up the infant No. 41 of to the applicant.

1932.

6. The Infants Custody Ordinance, 1886, is repealed. Repeal of

Ordinance No. 2 of 1886.

1970

Objects and Reasons.

1. This Ordinance repeals the Infants Custody Ordin- ance, No. 2 of 1886, and enacts in its place new provisions relating to the custody of infants based upon corresponding provisions in the Guardianship of Infants Acts, 1886 (49 & 50 Vict. c. 27) and 1925 (15 & 16 Geo 5, c. 45), with the amendment contained in section 16 of the Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26).

2. Section 3 of this Ordinance re-enacts section 2 of the Custody of Infants Act, 1873 (36 & 37 Vict. c. 12) (= section. 3 of Ordinance No. 2 of 1886), and section 5 of this Ordinance extends to magistrates the jurisdiction given to courts of summary jurisdiction in England by section 7 of the 1925 Act.

3. The attached Table of Correspondence shows the source of each section of this Ordinance and the variations, if

any,

from the corresponding section of the English Act.

October, 1935.

C. G. ALABASTER,

Attorney General.

:

1971

TABLE OF CORRESPONDENCE.

BETWEEN

THE INFANTS CUSTODY ORDINANCE, 1935,

AND

Section 2 of the Custody of Infants Act, 1873 (36 & 37 Vict. c. 12),

Section 5 of the Guardianship of Infants Act, 1886 (49 & 50 Vict.

c. 27),

Sections 3, 7 and 8 of the Guardianship of Infants Act, 1925, (15 &

16 Geo. 5, c. 45),

and Section 16 of the Administration of Justice Act, 1928 (18 & 19

Geo. 5, c. 26).

Section

of this Ordinance.

Corresponding section of English Act.

Remarks.

1

2

49 & 50 Vict.

c. 27, S: 5.

15 & 16 Geo. 5, c. 45, s. 3.

18 & 19 Geo. 5, e. 26, s. 16.

36 & 37 Vict.

3

C.

12, s. 2.

15 & 16 Geo. 5,,

4

c. 45, s. 8.

LO

5

15 & 16 Geo. 5,

c. 45, s. 7.

Short title.

49 & 50 Vict. c. 27, s. 5, with the

following amendments:-

s.s. (1) "upon the application either of the father or the mother of any infant" -see 18 & 19 Geo. 5, c. 26, s. 16; "who may apply without next friend" omitted; "and whether or not the mother is then residing with the father" -see 15 & 16 Geo. 5, c. 45 (1) and (2);

"and may

further order that the father shall pay......reasonable" -see 15 & 16 Geo. 5, c. 45, s. 3 (2);

s.s. (2) "No such order....

.father'

3

-see 15 & 16 Geo. 5, c. 45, S. (3);

s.s. (3) Power to alter, vary or dis- charge an order, contained in 49 & 50 Vict. c. 27, s. 5, combined with the power in 15 & 16 Geo. 5, c. 45, s. 3 (4).

s.s. (1) "this Ordinance" for "the Guardianship of Infants Act, 1886, as amended by this Act";

"fifty dollars" for "two pounds";

s.s. (2) Supreme Court for "court";

s.s. (1) "this Ordinance" for the Guardianship of Infants Act", etc. Para. (b) of the proviso to s.s. (1) of the Act omitted, as no power relating to trust pro- perty is conferred by this Ordin ance. In para. (b) of the proviso para. (c) of the Act, "ten dollars" for "twenty shil- lings".

Section

of this Ordinance.

1972

Table of Correspondence,-Continued.

Corresponding section of English Act.

Remarks.

6

s.s. (2) makes proceedings before and orders by magistrates under this Ordinance subject to the pro- visions of the Magistrates Ordin- ance, No. 41 of 1932, and in- corporates, as paragraphs (i) to (v) the substance of sub-sections (2) to (5) of section 7 of the Act.

Repeal of the Infants Custody Ordin-

ance, No. 2 of 1886.

i

!

1973

-

A BILL

[No. 29-5.11.35.-7.]

INTITULED

An Ordinance to make better provision in this Colony for the granting by magistrates of separation and maintenance orders.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Separation and Short title. Maintenance Orders Ordinance, 1935.

2. In this Ordinance-

CC

,,

,,

Wife and "married woman mean the wife of any man by any Christian marriage or its civil equivalent recog- nised by the law of this Colony, and, where no such marriage subsists, include-

(a) the kit fat or tin fong spouse of any Chinese man, married to him in accordance with the laws or customs of China;

(b) any woman married to any man, not being Chinese, by a non-Christian customary marriage, duly celebrated ac- cording to the personal law and religion of the parties.

Christian marriage or its civil equivalent same meaning as in the Divorce Ordinance, 1932.

rr

*

Habitual drunkard

" and drug addict

Interpreta-

tion.

""

has the

Ordinance No. 35 of

Vict., c. 19,

s. 3.

mean a per- 1932. son who is, by reason of habitual intemperate drinking of 42 & 43 intoxicating liquor, or habitual taking or using, except upon Vict and in accordance with medical advice, of opium, or any 2 Edw. 7. dangerous drug within the meaning of the Dangerous Drugs c. 28, s. 5. Ordinance, 1935, at times dangerous to himself or herself or 15 & 16 Geo. to others, or incapable of managing himself or herself, and 5, c. 51, s. 3. his or her affairs.

3. Every married woman whose husband-

(a) has been convicted summarily, under section 38 of the Offences against the Person Ordinance, 1865, of an assault upon her which in the opinion of the convicting magistrate is of an aggravated character;

Ordinance No. 35 of 1935.

Grounds on

which a

married

woman may apply for an

order.

58 & 59 Vict., c. 39,

(b) has been convicted upon indictment of an assault s. 4. upon her, and sentenced to pay a fine of more than one 2 Edw. 7, hundred dollars or to a term of imprisonment exceeding two months;

(c) has deserted her;

c. 28, s. 5 (1).

15 & 16 Geo. 5, c. 51, s. 1 (1) & (2). Ordinance

(d) has been guilty of persistent cruelty to her or her No. 2 of children;

1865.

Grounds on which the husband of a married

woman may

apply for

an order.

2 Edw. 7, C.

28, s. 5 (2).

15 & 16 Geo.

5, c. 51,

1974

(e) has been guilty of wilful neglect to provide reason- able maintenance for her or her infant children whom he is legally liable to maintain;

(f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;

(g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict,

may apply to a magistrate for an order under this Ordinance. Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled. her so to submit herself.

4. The husband of every married woman who-

(a) has been guilty of persistent cruelty to his children; (b) is a habitual drunkard or a drug addict,

may apply to a magistrate for an order under this Ordinance.

s. 1 (3).

Fowers of Magistrate.

58 & 59

Vict., c. 39,

s. 5.

10 & 11 Geo.

5. On any application under section 3 or 4, the magis- trate may make one or more orders containing all or any of the following provisions:-

(a) that the applicant be no longer bound to cohabit with 5, c. 63, s. 1. her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);

Limitation of powers of magistrate.

58 & 59

Vict., c. 39, S. 6.

15 & 16 Geo. 5, c. 51,

s. 1 (4).

(b) that the legal custody of any children of the marriage be committed to the husband, or to his wife;

(c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum, not exceeding fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable;

(d) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum not exceeding ten dollars for the maintenance of each child of the marriage committed to her custody under paragraph (b) until such child attains the age of sixteen.

years;

(e) a provision for payment by the husband or his wife, or both of them, of such reasonable costs of the parties or either of them as the magistrate may think fit.

6.-(1) No order shall be made under this Ordinance if it is proved that the applicant has committed an act of adultery:

Provided that the husband or, as the case may be, the wife, of the applicant has not condoned, or connived at, or by his or her wilful neglect or misconduct conduced to such act of adultery.

1975

(2) No order made under this Ordinance shall be en- forceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of three months after it is made the married woman and her husband continue to reside together.

discharge

7. Any magistrate may on the application of the married Magistrate woman or her husband, and upon cause being shown on fresh may vary or evidence at any time alter, vary or discharge any order made order. under this Ordinance, and may from time to time increase 58 & 59 or diminish the amount of any weekly payment ordered to Vict., c. 39, be made, so that the same does not in any case exceed such weekly sum as might be ordered to be paid under section 5.

If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband or, as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged:

Provided that if the order was made on the application of a married woman, the magistrate may, if he thinks fit-

(a) refuse to discharge the order if in his opinion such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the magistrate he was able to make under the order; and

(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum not exceeding ten dollars until the child attains the age of sixteen years. In making such an order the magistrate shall have regard primarily to the interests of the children.

s. 7.

may refuse an order in cases more

Supreme

8. If in the opinion of a magistrate the matters in Magistrate question between the parties or any of them would be more conveniently dealt with by the Supreme Court, the magistrate may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal Court. conferred by the Magistrates Ordinance, 1932, no appeal 58 & 59 Vict. shall lie from the magistrate's decision: Provided that the c. 39, s. 10. Supreme Court shall have power by order in any proceeding Ordinance in the Supreme Court relating to or comprising the same 1932. subject matter as the application so refused as aforesaid, or any part thereof, to direct the magistrate to rehear and determine the same.

.

No. 41 of

order interim

maintenance

9.-(1) Where, on the hearing of an application for an Power to order of maintenance, the application is adjourned for any payments period exceeding one week, the magistrate may order that where appli- the husband do pay to the wife or to the magistrate's clerk cation for or any third person on her behalf a weekly sum, not exceed- is adjourned. ing such an amount as might be ordered to be paid under 15 & 16 Geo. a final order, for the maintenance of the wife and any child 5, c. 51, or children in her custody until the final determination of the case:

Provided that the order directing such payment shall not remain in operation for more than three months from the date on which it was made.

s. 6.

Notice of change of address.

15 & 16 Geo. 5, c. 51, s. 4.

Enforcement of orders as

to custody of

children.

15 & 16 Geo.

5, c. 51, s. 5.

Ordinance No. 41 of 1932.

Procedure.

Ordinance No. 41 of 1932.

1976

(2) Any such order shall be enforced in like manner as if it were a final order of the magistrate.

10. Any person for the time being under an obligation to make payments, including costs, under an order under this Ordinance shall give notice to such persons, if any, as may be specified in the order of any change of address, and any person failing to give such notice without reasonable excuse shall be liable on summary conviction to a fine not exceeding fifty dollars.

11. Where an order under this Ordinance contains a provision committing to the applicant the legal custody of any children of the marriage, a copy of the order may be served upon any person in whose actual custody the children may for the time being be, and thereupon the provision may, with- out prejudice to any other remedy open to the applicant, be enforced under subsection (2) of section 34 of the Magis- trates Ordinance, 1932, as if it were an order of the magis- trate requiring that person to give up the children to the applicant.

12. All applications under this Ordinance shall be made and be dealt with and all orders be enforced in accordance with the Magistrates Ordinance, 1932.

Repeal of Ordinance No. 10 of 1905.

13. The Married Women (Desertion) Ordinance, 1905, is repealed.

Objects and Reasons.

The object of this Ordinance is to incorporate in the local law relating to husband and wife the amendments effected in England by the Married Women (Maintenance) Act, 1920, (10 & 11 Geo. 5, c. 63), the Summary Jurisdiction (Separation and Maintenance) Act, 1925, (15 & 16 Geo. 5, c. 51), and section 5 of the Licensing Act, 1902, (2 Edw. 7, c. 28), (relating to habitual drunkards).

2. The definition of "married woman" in Section 2 of this Ordinance makes it clear that the Ordinance is intended to apply primarily to the parties to a marriage as defined in the Divorce Ordinance, 1932, but the provisions of section 2 of Ordinance No. 10 of 1905 extending the operation of that Ordinance to Chinese and other customary marriages duly celebrated according to the personal law and religion of the parties have been retained for the benefit of the large non- European population of this Colony. The racial distinction between Asiatics and others contained in section 2 of Ordi- nance No. 10 of 1905 has however been abolished, except as regards a Chinese first (or kit fat) marriage, or a marriage between a Chinese widower and his second (or tin fong) spouse, where it is necessary to define the two recognised forms of Chinese customary marriage.

3. The Married Women (Desertion) Ordinance, 1905, is repealed by Section 13 of this Ordinance, and its provisions recast, together with the amendments, as shown in the attached Table of Correspondence.

October, 1935.

C. G. ALABASTER,

Attorney General.

1.

1977

TABLE OF CORRESPONDENCE.

BETWEEN

THE MARRIED PERSONS (SEPARATION AND MAINTENANCE)

ORDINANCE, 1935,

AND

The Summary Jurisdiction (Married Women) Act, 1895, (58 & 59

Vict., c. 39),

The Married Women (Maintenance) Act, 1920, (10 & 11 Geo. 5, c. 63),

The Summary Jurisdiction (Separation and Maintenance) Act, 1925,

(15 & 16 Geo. 5, C. 51), and

Section 5 of the Licensing Act, 1902, (2 Edw. 7, c. 28),

showing the corresponding sections of the Married Women (Desertion)

Ordinance, 1905, (No. 10 of 1905).

Section of Section of

this Ordinance.

English Act.

Section of

Ordinance

No. 10 of

1905.

Remarks.

1

2

42 & 43 V., c. 19, S.

3.

2 E. 7, c.

28, s. 5.

15 & 16 G. 5, c. 51, s. 3.

1

2, 8

3

58 & 59 V.,

3

c. 39, s. 4.

2 E. 7, c.

28, s. 5 (1).

15 & 16 G.

5, c. 51, s. 1 (1) & (2).

Short title.

Incorporates, with amendments, the definition contained in the old Ordinance; "spouse" used in preference to "wife" as applied to a Chinese customary marriage.

"Christian marriage or its civil equivalent defined as in the Divorce Ordinance, 1932.

66

Definition of habitual drunk- ard", as defined in s. 3 (b) of the Habitual Drunkards Act, 1879, applied by s. 5 of the Licensing Act, 1902, and extended to drug ad- dicts by s. 3 of the Sum- mary Jurisdiction (Separa- tion and Maintenance) Act, 1925, with the addition of the words and in accord-. ance with" before "medical advice the Dangerous Drugs Ordinance, 1935," for the Dangerous Drugs Acts, 1920 and 1923 ".

English provisions combined; "under section 38 of the Offences against the Person Ordinance, 1865, of an assault upon her which in the opinion of the convicting magistrate is of an aggravat- ed character," for "of an aggravated assault upon her within the meaning of sec- tion forty-three of the Offen- ces against the Person Act, 1861, as the word "aggra- vated" appears in the Eng- lish Act but not the local Ordinance; "one hundred dollars" for "five pounds"; "magistrate" for "court" in this section and in sections 5, 7, 9 and 11.

:

1978

Table of Correspondence,-Continued.

Section of Section of

this Ordinance.

English Act.

4

2 E. 7, c.

28, s. 5 (2).

15 & 16 G.

Section of Ordinance No. 10 of 1905.

Remarks.

5, c. 51, s.

1 (3). ·

5

58 & 59 V.,

4

c. 39, S.

5.

10 & 11 G.

5, c. 63, s. 1.

6 (1)

C.

39, s.

58 & 59 V.,

6.

5

(2)

15 & 16 G.

5, c. 51, s. 1 (4).

7

58 & 59 V.,

6

c. 39, s. 7.

8

58 & 59 V.,

c. 39, s. 10.

A new section, enabling a hus- band to apply for an order on the same grounds as in England.

English provisions combined: "magistrate" for "court", etc.; wording of paras. (a), (b) and (c) amended by the substitution where neces- sary of "wife" for "applic- ant,' since a husband may apply for an order under s. 4; while under the age of sixteen years

omitted in para. (b),

(b), (cf. para. (d), which provides for mainten- ance by the husband till the children attain sixteen years); fifty dollars" for "two pounds" in para (c); "magistrate's clerk" for "any officer of the court" in paras. (c) and (d); ten dollars" for "ten shillings" in para. (d); costs of the court omitted in para. (e), there being no such costs in a local magistrate's court.

English provisions combined and amended to make this sec- tion apply to an application by a husband under s. 4.

court

""

66

Ordinance

for

magistrate for

etc.;

66

Act in this section and

in ss. 9 and 10; such

weekly sum as might be

蒙着

ordered to be paid under section 5 for the weekly sum of two pounds "; pro- visions relating to discharge of an order amended to apply to an order obtained by a husband under s. 4;

magistrate's clerk "

for any officer of the court and "ten dollars" for "ten shillings", in para. (b) of proviso.

"

"magistrate" for "court" etc.; "Supreme Court" for "High Court"; "Ordinance" for "Act"; "without prejudice to the general right of appeal conferred by the Magistrates Ordinance, 1932," inserted for clearness, there being no

1.

Section of

this Ordinance.

1979

Table of Correspondence,-Continued.

Section of English Act.

Section of Ordinance No. 10 of 1905.

Remarks.

15 & 16 G.

66

or

section in this Ordinance to correspond with section 11 of the Act 58 & 59 Vict. c. 39, relating to appeals; a judge thereof** omitted, as the Supreme Court includes a judge sitting separately, in court or in chambers (v. Ordin- ance No. 3 of 1873, s. 2 (a)).

"magistrate

court

for etc.; "magistrate's clerk" an officer of the

Act";

two

9

5, c. 51, s. 6.

10

15 & 16 G.

5, c. 51, S. 4.

for court

""

Ordinance

"

for

fifty dollars for

pounds ".

11

15 & 16 G.

66

Ordinance

for

5, c. 51,

s. 5.

12

7

13

Act

"magistrate" for "court"; "subsection (2) of section 34 of the Magistrates Ordi- nance, 1932" for "sub- section (2) of section thirty- four of the Summary Juris- diction Act, 1879 ".

Procedure.

Repeals Ordinance No. 10 of

1905.

1980

[No. 19-19.11.35.-3.]

Short title.

Permit required for removal of sand from

(C.S.O. 1342/25).

A BILL

INTITULED

An Ordinance to regulate the importation and the removal

of sand.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Sand Ordinance, 1935.

2.-(1) No person may take sand from any land, fore- shore or sea bed, not under lease from the Crown, without having previously obtained a written removal permit or sale and removal permit from the Director of Public sea-bed, not Works applicable to such sand.

land, fore- shore or

under lease from the Crown.

Permit required

where any sand in excess of two hundred- weights is imported or removed by

junk, lighter,

truck or lorry.

Penalties.

(2) Any such permit may prescribe the quantity of sand which may be taken and the places from and to which it. may be removed and any such sale and removal permit may also prescribe the price to be paid for the sand to which it relates.

3. (1) No person may in any junk or lighter, or in any truck or lorry, bring into the Colony or remove from one part of the Colony to another any sand, wherever obtained and whatever its ultimate destination, in excess of two hundredweights, unless he has in his possession a permit, issued under section 2 (1), or a written removal permit from the Director of Public Works issued under this section, applicable to such sand.

(2) Any removal permit issued under this section may prescribe the quantity of sand which may be removed and the places from and to which it may be removed.

4. Any person who contravenes any provision of section 2 (1), or section 3 (1), or who brings into the Colony or takes or removes more sand than is prescribed by the permit or sand from or to any place other than the place or places, if any, prescribed in the permit, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding five hundred dollars and to imprison- ment for any term not exceeding six months.

1981

5. The Buildings Ordinance, 1935, is amended-

Amendments

to Ordinance

No. 18 of

(a) by the deletion of the word and comma "sand," in 1935, s. 123 the second line of section 123.

(b) by the deletion of the word and comma "sand," in the first line of regulation 1 in Schedule M.

6. The Sand Ordinance, 1934, is repealed.

and Table M.

Repeal of Ordinance No. 41 of 1934.

Objects and Reasons.

1. This Ordinance repeals the Sand Ordinance, No. 41 of 1934, and certain references to sand in the Buildings Ordinance, No. 18 of 1935, and substitutes new provisions designed to prevent the theft of sand from land, foreshore or sea bed, not under lease from the Crown and to control the importation and the removal. of sand by junk, lighter, truck or lorry.

2. The export of sand, except under an export permit granted by the Superintendent of Imports and Exports, is already forbidden by Government Notification No. 465 of 1934 issued under Ordinance No. 32 of 1935.

3. The Bill for this Ordinance was submitted to the Secretary of State and approved by him in his despatch of the 12th September, 1935. But in consequence of representa- tions which have been made the amount of sand exempted under section 3 has been raised from one hundredweight to two.

November, 1935.

:

C. G. ALABASTER,

Attorney General.

1982

[No. 36-15.11.35.-3.]

Short title.

Interpreta- tion.

Possession of unauthorised badges.

A BILL

INTITULED

An Ordinance to further and protect the activities of The Girl Guides Association, and to incorporate the Hong Kong Branch thereof.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Girl Guides Association (Hong Kong Branch) Ordinance, 1935.

2. In this Ordinance :-

(a) "The Girl Guides Association" means The Girl Guides Association incorporated by Royal Charter dated the 14th day of December, 1922.

(b) "Girl Guide" includes Brownie, Girl Guide, Ranger, and Lone Guide, recognised as such under the rules of The Girl Guides Association, and also all persons recognised as officers under the rules of The Girl Guides Association.

3. No person other than The Girl Guides Association, Hong Kong Branch, shall distribute or sell or expose for sale

(a) any badge, token or emblem specifically adopted by

The Girl Guides Association for use by Girl Guides; or

66

وو

(b) any badge, token or emblem containing the words Girl Guides' or the characters "" or the

女童義務團 characters"女童軍"

4. No person shall, except with the authority of The Girl Guides Association or the The Girl Guides Association, Hong Kong Branch, or with lawful authority or lawful excuse, have in his possession:-

(a) any badge, token or emblem specifically adopted by The Girl Guides Association for use by Girl Guides; or

(b) any badge, token or emblem containing the words "Girl Guides" or the characters " * * * !

       "女童義務團" or the characters "女童軍"

5. No person shall without lawful authority or excuse have in his possession:-

(a) any device which so closely resembles any badge, token or emblem specifically adopted by The Girl Guides Association for use by Girl Guides as to lead to the belief that the device in question is such badge, token or emblem, or (b) any badge, token or emblem containing any words. or characters so closely resembling any words or characters ordinarily used to describe any Girl Guide as to be calculated to deceive or mislead.

1983

authority.

6. No Girl Guide shall, by virtue of her wearing, Wrongful carrying or bearing any badge, token or emblem of The Girl exercise of Guides Association or otherwise, attempt to enforce or exercise authority otherwise than in accordance with the rules of The Girl Guides Association.

bodies.

7.(1) No person shall form, or work in connection Unauthorised with, or be a member of, any organization which without authority from The Girl Guides Association claims or purports to be "Girl Guides", or any organization, other than The Girl Guides Association, Hong Kong Branch, which uses the

title of "Girl Guides" or the equivalent Chinese title thereof, that is to say the Chinese characters "U 女童義務團

or the

""

Chinese characters 女童軍 formerly used as the equivalent Chinese title, or any title in any language, with or without additional words or characters, which so closely resembles any of the said titles as to be calculated to deceive or mislead, or any organization which, by the use of any such title or otherwise, without due authority purports or claims to be connected with The Girl Guides Association or with The Girl Guides Association, Hong Kong Branch.

(2) No person shall, without the consent of the Governor in Council, form, or work in connection with or be a member of, any organization, other than The Girl Guides Association, Hong Kong Branch, which carries on or is intended to carry on any work of a similar nature to that carried on by The Girl Guides Association, Hong Kong Branch.

8. Every person who contravenes any of the provisions Penalty. of this Ordinance shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

tion.

9.-(1) The Colony Commissioner, the Assistant Colony Incorpora- Commissioner, the Colony Secretary, and the Colony Treasurer for the time being of The Girl Guides Association, Hong Kong Branch, shall be a body corporate, hereinafter called the corporation, and shall have the name of "The Girl Guides Association, Hong Kong Branch", and in that name shall have perpetual succession, and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal.

(2) For the purposes of this Ordinance, and with the con- sent of The Girl Guides Association first had and obtained, Bella, Lady Southorn, Officer of the Most Excellent Order of the British Empire, shall be the first Colony Commissioner, Evelyn Frances Grist shall be the first Assistant Colony Com- missioner, Winifred Agnes Adams Phillips shall be the first Colony Secretary, and Dorothea Danby shall be the first Colony Treasurer, of The Girl Guides Association, Hong Kong Branch.

(3) When any other person is appointed to the office of Colony Commissioner, Colony Secretary, or Colony Treasurer of The Girl Guides Association, Hong Kong Branch, such per- son shall, within six weeks after her appointment or within such further time as may be allowed by the Governor, furnish to the Governor satisfactory evidence of her appointment, and, in the case of a Colony Commissioner, that the appoint- ment has been made with the consent of The Girl Guides Association first had and obtained.

Vesting of property and rights.

Execution

of docu- ments.

Internal

manage- ment.

Saving the rights of the

Crown and

1984

(4) A notification in the Gazette under the hand of the Colonial Secretary that such evidence has been furnished to the Governor by such person shall be conclusive evidence of such appointment.

10. (1) Subject to the provisions of sub-section (2) the corporation shall have power to acquire, accept leases of, purchase, take, hold, and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situated, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever.

(2) Notwithstanding the provisions of sub-section (1), the corporation shall not acquire any immovable property in the Colony unless it shall have previously obtained the special con- sent of the Governor in Council in each case.

(3) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, ex- change, partition, yield up, mortgage, demise, re-assign, trans- fer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the corporation upon such terms as to the corporation may seem fit.

11. All property, vessels, goods and chattels, and all rights which immediately before this Ordinance belonged to or were vested in the members of the unincorporated Girl Guides Association, Hong Kong Branch, as such, or in any person in trust for or on behalf of such members, are hereby transferred to and vested in the corporation.

12. All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of, and shall be signed by, the Colony Commissioner for the time being and the Assistant Colony Commissioner for the time being, and all instruments requiring the signature of the corporation shall be signed by such Commissioner and Assistant Commissioner.

13. All matters of internal management shall be settled and carried out in accordance with the constitution, byelaws and rules of The Girl Guides Association, and with any byelaws and rules made by the Hong Kong Branch thereof under the rules of The Girl Guides Association.

14. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the KING, His Heirs, or Successors, or the rights of any body politic or corporate or other rights. any other person except such as are mentioned in this Ordin-

of certain

ance and those claiming by, from or under them, and nothing herein contained shall be deemed to authorise any change in the general spirit of the movement of The Girls Guides Associa- tion as incorporated by the Founder, Lieut.-General Lord Baden-Powell, G.C.V.O.. K.C.B., F.R.G.S., D.C.L., LL.D., and embodied in his book "Girl Guiding" or in the "Rules, Policy and Organisation" of The Girl Guides Association for the time being in force.

**

1985

Objects and Reasons.

The object of this Bill is to incorporate the Hong Kong Branch of The Girl Guides Association and to afford it protec-. tion similar to the incorporation and protection given to the Hong Kong Branch of The Boy Scouts Association by Ordin- ance No. 22 of 1927, the provisions of which have served as a model.

October, 1935.

C. G. ALABASTER,

Attorney General.

A BILL

INTITULED

[No. 37-25.10.35-1.]

An Ordinance to amend the Ferries Ordinance, 1917.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Ferries Amend- Short title. ment Ordinance, 1935.

2. The Ferries Ordinance, 1917, is amended-

Amendment of Ordin-

(i) by the addition to the long title of the words "and ance No. 28 ferry piers":

(ii) by the addition of the following paragraph after paragraph (c) in section 2 (1) thereof :-

(d) "Ferry pier" means any pier which is used for the purposes of a ferry:

(iii) by the insertion of the following sub-section after sub-section (6) in section 5 thereof :-

(6A) for regulating ferry piers.

Objects and Reasons.

1. Section 2 of this Ordinance amends the principal Ordinance by adding thereto a power to the Governor in Council to make regulations for ferry piers.

2. It is considered more appropriate that the power of regulating such piers should be exercised under an express enactment dealing with the subject rather than, as hitherto, under the general provisions of the Public Places Regulation Ordinance, No. 2 of 1870.

3. The amendment is effected by adding to the principal Ordinance, in the long title, the words "and ferry piers", by adding a new paragraph (d) to section 2 (1) defining "ferry pier" and by inserting a new sub-section (6A) in section 5 enabling the Governor in Council to make regulations for ferry piers.

>

C. G. ALABASTER,

of 1917.

November, 1935.

Attorney General.

1

Short title.

Incorpora-

tion.

Powers of

1986

A BILL

INTITULED

[No. 30-28.8.35.-2.]

An Ordinance to provide for the incorporation of the Adminis-

trator in Hong Kong of the Catholic Mission of Macao.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Catholic Mission of Macao Incorporation Ordinance, 1935.

2. The Very Reverend Don José da Costa Nunes, Bishop of Macao, and his successors in the said office of Bishop of Macao shall be a corporation sole (hereinafter called "the Corporation") and shall have the name of "The Administrator in Hong Kong of the Catholic Mission of Macao" and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a Common Seal.

3.-(1) Subject to the provisions of sub-section (2), the Corporation. Corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situated, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements or upon the mort- gages, debentures, stocks, funds, shares or securities of any government, municipality, corporation, company or person, and also to purchase acquire and possess vessels and other goods and chattels of what nature and kind soever.

Property

transferred

to corpora- tion to pass to

successors.

Appointment

Adminis-

trator.

(2) Notwithstanding the provisions of sub-section (1) the Corporation shall not acquire any immovable property in the Colony unless it shall have previously obtained the special consent of the Governor in Council in each case.

(3) The Corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, ex- change, partition, yield up, mortgage, demise, reassign, trans- fer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, share or securities, or vessels or other goods and chattels, which are for the time being vested in or belonging to the Corporation, upon such terms as to the Corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the Corporation in any manner whatsoever shall in the event of the death of the Administrator in Hong Kong of the Catholic Mission of Macao for the time being, or in the event of his ceasing to hold office as such Administrator pass to his successor in such office when appointed.

5.-(a) Until the appointment of such successor as afore- of temporary said the Vicar Capitular of the Diocese of Macao appointed by the Chapter of the Diocese of Macao or by the Sub-Bishop of Goa shall on his furnishing to the Governor satisfactory evidence of his appointment be entitled to exercise on behalf of the Corporation all the powers and authorities hereby con- ferred.

1987 -

(b) A notification in the gazette under the hand of the Colonial Secretary that such evidence has been furnished to the Governor by such person shall be conclusive evidence of his authority to act.

6. All deeds and other instruments requiring the seal of Execution of the Corporation shall be sealed in the presence of the said documents. Administrator or his attorney and shall be signed by him or his attorney, and such signing shall be taken as sufficient evidence of the due sealing of such deeds and other instru- ments, and all deeds instruments and other documents and writings requiring the signature of the Corporation shall be signed by such Administrator or his attorney.

the rights

7. Nothing in this Ordinance shall affect or be deemed Saving of to affect the rights of His Majesty The King, His Heirs or of the Successors, or the rights of any body politic or corporate or of Crown any other person except such as are mentioned in this Ordin- certain ance and those claiming by from or under them.

and of

other

persons.

Objects and Reasons.

1. The Diocese of Macao extends to and covers as its territory the Portuguese Colony of Macao, a part of the Pro- vince of Kwangtung in the Republic of China, two Parishes in the Colony of the Straits Settlements and the Portuguese Colony of Timor.

2. The administration of the diocese is vested in the Bishop of Macao who is also responsible for the safe custody and administration of the diocesan funds. Such funds are the property of the Catholic Mission of Macao and a portion there- of is invested in the Colony of Hong Kong in the name of the present Bishop of Macao.

3. In order to secure perpetual succession and the other advantages of incorporation it is proposed that the Bishop of Macao and his successors in office be incorporated as a Cor- poration sole with the name of "The Administrator in Hong Kong of the Catholic Mission of Macao".

4. The bill now proposed follows in its main lines incor- poration ordinances which have been passed from time to time and more particularly the Bishop of Victoria Incorporation Ordinance, 1925, and the Salesian Society Incorporation Ordinance, 1931.

August, 1935.

1988

Draft Bill.

  No. S. 381.-The following Bill is published for general information:-

(C.S.O. 4305/30).

A BILL

[No. 2-27.11.35.-5.]

Short title.

Validation of

set out in

the Schedule

and extinc- tion of rights,

claims, etc. with respect thereto.

INTITULED

An Ordinance to validate certain undertakings which have been constructed or commenced over and upon unleased Crown foreshore and sea bed; and to enact certain general provisions which shall be deemed incorporated, unless expressly varied or excepted, in future Ordinances authorising reclamation or other works of a public nature over and upon such foreshore and sea bed.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, follows:-

as

1. This Ordinance may be cited as the Public Reclama- tions Validation and Clauses Ordinance, 1935.

Part I.

2.--(1) All public and private rights of navigation or undertakings fishing and all public and private rights of access, user, possession or occupation, and all other public or private rights (if any) in upon and over the Crown foreshore, sea bed and land occupied, or to be occupied on completion, by each of the undertakings set out in the Schedule, and existing prior to the commencement (thereof, shall be deemed to have been extinguished and to have ceased to exist on such commencement; and such undertakings are validated for all purposes notwithstanding that such works may have been undertaken or commenced without regard to such rights (if any) and without the authority of any enactment extinguishing such rights.

Section 10

(2) No claim shall at any time be made, or action brought or continued, in respect of the extinguishment under this section, in whole or in part, of any public or private right, or the injurious affection of any land or other property resulting therefrom.

      3. The provisions of section 10 shall apply also to the to apply also Pipe Lines and other undertakings set out in the Schedule.

to the Pipe

Lines and

other under-

takings in

Schedule.

Application

of Part II to future

Ordinances

Part II.

4. In any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed, provisionally authorising and subject to the definitive approval of the Governor in public under- Council, the provisions of this Part of this Ordinance shall takings over be deemed to be incorporated unless expressly varied or

excepted by such Ordinance.

provisionally

and upon

unleased Crown

foreshore

and sea bed.

cf. 8 & 9

Vict. c. 18,

8. 1.

1989

of under-

5.-(1) Notification of every such undertaking with a Notification description thereof and of the area intended to be occupied taking in connection therewith, shall be published in every ordinary hearing of issue of the Gazette during a period of two months and shall objections, publication also be published by proclamation in the Chinese language of definitive which shall be publicly posted in some suitable place on or and com- approval

near the said area.

mencement of execution

of under-

(2) Every such notification and proclamation shall taking. contain a notice calling upon all persons having objections to the said undertaking or any claims of private right in respect thereof to send in their objections or claims of right in writing, specifying the nature of such objections and claims, to the Director of Public Works before the expiration of the said period of two months.

(3) All such objections and claims shall be duly considered by the Governor in Council who shall afford to every person, who has so sent in his objection or claim in writing, an opportunity of being heard in person or by counsel or solicitor.

(4) After affording the objectors and claimants an opportunity of being heard, or if no objection or claim is sent in as aforesaid, the Governor in Council may give definitive approval of the undertaking or any modification thereof.

(5) Notification of such definitive approval with a description of the undertaking and of the area intended to be occupied in connection therewith shall be published in the Gazette.

(6) The execution of any such undertaking or any modification thereof shall not be commenced until such definitive approval shall have been so published.

publication

6. Upon the publication of such definitive approval all Extinction public and private rights of navigation or fishing and all of rights on public and private rights of access, user, possession or of definitive occupation, and all other public or private rights (if any) approval. in upon and over the Crown foreshore, sea bed and land to be occupied by the undertaking shall be extinguished and cease to exist.

claims where private rights

pensation

are affected.

7.-(1) No action shall at any time be brought or Provision continued in respect of the extinguishment under section 6, for com- in whole or in part, of any public or private right or the injurious affection of any land or other property resulting therefrom. But any person who shall have sent in a claim of private right under section 5 (2) (or the executors, administrators or assigns of such person) and who seeks to recover compensation in respect of any such extinguishment or injurious affection, may, within two months after the publication of the definitive approval under section 5 (5), deliver to the Director of Public Works a Statement of Claim in writing setting forth, with full particulars, the nature of his claim and the amount of compensation which he seeks

to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settle- ment of any claim.

(3) If the Governor makes no acceptable offer of settle- ment or compromise within two months of such delivery of the written Statement of Claim, the claimant may within three

Powers of judge in claims of compensa- tion.

No enlarge- ment of compensation rights.

Liability for damage to works. 10 & 11

Vict. c. 27, s. 74.

Saving of right of the Crown.

Saving of Admiralty rights. Ordinance No. 8 of 1906.

1990

months of such delivery notify the Director of Public Works that he desires a reference to a judge; and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the Chief Justice shall arrange.

(4) Such judge shall on the application of any party, or may without any such application, appoint one or more assessors to advise him upon any matters requiring pro- fessional knowledge.

(5) Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant, and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be taxed by the Registrar of the Supreme Court.

(6) No appeal shall lie from any award or decision of a judge under this section.

8. For the purposes of the hearing of any claim for compensation, such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of the following matters :---

(a) enforcing the attendance of witnesses and examining them upon oath, or otherwise;

(b) compelling the production of documents;

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and (e) entering upon and viewing any premises.

9. Nothing in this Ordinance shall be deemed to recognise or create any right or claim, or any greater right or claim to compensation than but for this Ordinance would exist and be recognised and enforceable by action in the Court.

10.-(1) The owner of every vessel or float of timber shall be answerable to the Government for any damage done by such vessel or float of timber, or by any person employed about the same, to any undertaking authorised or validated by this Ordinance or connected therewith, and the master or person having the charge of such vessel or float of timber through whose wilful act or negligence any such damage is done shall also be liable to make good the same; and the Government may detain any such vessel or float of timber until sufficient security has been given for the amount of damage done by the same.

(2) Any claim or other proceedings by the Government under this section may be brought in the name of the Attorney General.

(3) Nothing in this section shall be deemed to authorise the arrest of, or proceedings against, any vessel which is the property of His Majesty or of any foreign State.

11. Nothing in this Ordinance shall be deemed to be in derogation of any of the powers or rights of the Crown.

12. Nothing in this Ordinance shall be deemed to authorise the construction of any works within or interfering with the Admiralty works authorised by the Naval and Military Works Ordinance, 1906, without the previous consent of His Majesty's Lords Commissioners of the Admiralty.

Date.

1991

SCHEDULE.

Undertaking.

Approxi- mate Area

Whether in

Progress or

in Acres.

Completed.

1912-1926 Reclamation at Shamshuipo

1920-1928 Tai Kok Tsui Reclamation

1922-1927 Water Boat Dock at Laichikok.

1923-1927 Kowloon Bay East Reclamation

do. Kowloon Bay West Reclamation

1929-1930 Passenger Ferry Pier at Shan

Tung Street, Mong Kok Tsui.

103

Completed.

84

do.

1.4

do.

18.5

do.

128.5

do.

.25

do.

do.

Passenger Ferry Pier at Pei Ho

Street, Shamshuipo

.25

do.

1930

First Cross-Harbour Pipe Line.

do.

1931-1932 Vehicles and Passenger Ferry

Pier and approaches at Jubilee Street, Hong Kong

1.73

do.

do.

Vehicles and Passenger Ferry

Pier and approaches at Jordan Road, Kowloon

2.66

do.

1931

Reclamation

extending

at North Point eastwards

from

M.L. 431

18

In progress.

1932

Reclamation at Yacht Club

5.66

do.

1934

Reclamation at Kun Tong

90

do.

1934

Reclamation at Kennedy Town.

7

do.

1934

Refuse-boat Pier and Live-stock

Landing at Ma Tau Kok Road

5

Completed.

1934

Refuse-boat Pier at Kweilin

Street

.028

do.

1934

Second Cross-Harbour Pipe Line

do.

1934

Landing Steps at Arsenal Street

.009

do.

1992

Objects and Reasons.

1. It is a recognised principle of English law that owners of land may be required by the Legislature to surrender some or all of the rights they possess in or over their land for purposes of public utility. It is an equally recognised principle that (save in certain exceptional cases of emergency with which we are not now concerned) it is unjust to require that surrender without making provision for due compensation to those whose private rights are affected. When the land itself has to be surrendered it is said to be compulsorily taken or purchased; but if some only of the rights in or over the land are required to be given up the land is commonly said to be injuriously affected.

2. In England the necessary authority to take or injuriously affect land is obtained from Parliament, either directly by an Act passed for the purpose, or indirectly under Acts containing general powers which may be exercised for particular purposes and upon certain conditions. The former class of Act usually specifies the land which may be taken and limits the time within which the acquisition must take place. The latter class contains no such limitations but in many cases some form of order is required before the powers can be put into force.

י

3. In this Colony both the direct and the indirect have been adopted in the past. Examples of such local Legislation are the Praya Reclamation Ordinance, 1889, The Praya East Reclamation Ordinance, 1921, the Harbour of Refuge Ordin- ance, 1909, the Foreshores and Sea Bed Ordinances of 1901 and 1932, and the Crown Lands Resumption Ordinance, 1900. Under some of these Ordinances, subject to the payment of compensation, private land can be taken for public purposes. Under others while the land itself is not taken provision is made for compensation where it has been injuriously affected by the loss of access to the sea where leases of foreshore and sea bed are granted.

4. But it seems that, unless the land itself is required or unless a Crown Lease of property is to be granted. our Legislature has not so far provided for the cases where private land is not required but may nevertheless be injuriously affected by a reclamation or other improvement which is to be retained for public use as a roadway, pier approach or other work which the Government undertakes in the interests of the Colony generally.

5. The works set out in the Schedule to this Bill belong to this category. They have been undertaken over and upon unleased Crown foreshores and sea bed without complaint but at the same time without legislative authority, other than that which is contained in the Annual Appropriation Ordin- ances which have justified expenditure on the undertakings but have contained no provision for the extinction of rights or for compensation where compensation is due.

6. The possibility of enacting a Bill which while validating past works would give the Government general power to undertake similar works in the future has been carefully explored and been found open to serious objection. It has therefore been abandoned.

1993

7. The objects of this Bill are different. They are first to validate the extinction of any public or private rights which might be considered to subsist in the works enumerated in the Schedule, which, as has been stated, have been under- taken without complaint; and, secondly, to make provision for a scheme of notice and compensation which is to be applied in the case of future Ordinances authorising under- takings of this nature.

8. Clause 1 is the Short title.

9. Clause 2 validates the undertakings enumerated in the Schedule.

10. Clause 3 applies the provisions of clause 10 to the Pipe Lines and other undertakings set out in the Schedule.

11. Clause 4. which is derived from section 1 of the Lands Clauses Consolidation Act, 1845, enacts that the clauses which follow shall, unless expressly excepted or varied, be deemed to be incorporated in any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed provisionally and subject to the definitive approval of the Governor in Council.

12. Clause 5 deals with the notification of the authorised undertaking, the hearing of objections, the publication of definitive approval and the commencement of the execution of the work. It may be compared with section 2 of Ordinance No. 26 of 1932.

13. Clause 6 provides for the extinction of rights upon the publication of the definitive approval. It is derived from section 8 of Ordinance No. 39 of 1909.

14. Clause 7 makes provision for the payment of com- pensation where private rights are affected. It is derived from section 12 of Ordinance No. 39 of 1909 and from section 2 of Ordinance No. 26 of 1932.

15. Clause 8 deals with the powers of the judge in claims for compensation and is identical with section 13 of Ordinance No. 39 of 1909.

16. Clause 9 makes it clear that the authorising Ordinance will not create new rights; and that to obtain compensation under the clauses of this Ordinance claimants must prove that enforceable rights existed independently of either Ordinance.

17. Clause 10 (1) is derived from section 74 of the Harbours, Docks and Piers Clauses Act, 1847, (10 and 11 Vict. c. 27). It is designed for the protection of the undertakings authorised or validated by Ordinance and is considered necessary especially for the protection of the Cross-Harbour Pipe Lines. The proviso to section 74 of the Act of 1847 is omitted as pilotage is not compulsory in the Colony (cf. Ordinance No. 11 of 1930, ss. 11 and 28).

18. Clause 10(2) provides for claims and other proceed- ings by the Government under this section being brought in the name of the Attorney General (cf. Ordinance No. 10 of 1899, s. 17 (7) ).

1994

19. Clause 10 (3) makes it clear that proceedings in rem cannot be taken against a British or foreign warship (see Hailsham's Halsbury Vol. I paragraphs 121 and 122).

20. Clause 11 saves the rights of the Crown and is derived from section 9 of Ordinance No. 39 of 1909.

21. Clause 12 saves the rights of the Admiralty in respect of the Royal Naval Yard area (v. Despatch No. 130 from the Secretary of State dated 7.5.32).

22. The Bill in its present form (except that the items in the Schedule relating to the Refuse-boat Pier and Live- stock Landing at Ma Tau Kok Road and to the Refuse-boat Pier at Kweilin Street now listed as completed were then listed as in progress) was submitted to the Secretary of State, who has approved of proceeding with its enactment.

December, 1935.

C. G. ALABASTER,

Attorney General.

1995

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 382.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

29th November, 1935.

t

Authority.

Notification No. 729 of 23rd September,

1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 383.-Statement of Sanitary Measures adopted against Hong Kong.

Reference to

Place or Port.

Nature of Measures.

Date.

Government Notification.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

16th April, 1924.

30th April, 1926.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th November, 1935.

29th October, 1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

1996

...

DISTRICT OFFICE, SOUTH.

   No. S. 384.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of December, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (b), and Special Condition hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Annual

Upset

Price.

Acre.

Crown Rent.

N.

E.

W.

Tsun Wan

Demarcation District

No. 387, Lot No. 98.

Tsing Lung Tau.

:

:

$ $

•12

14

.20

Subject to readjustment as provided by the Conditions of Sale.

SPECIAL CONDITION.

The successful purchaser shall pay compensation in the sum of $20 to the owner of the grave situated to the north side of the Lot for the removal of same.

29th November, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

:

DISTRICT OFFICE, SOUTH.

No. S. 385.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of December, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

1996

...

DISTRICT OFFICE, SOUTH.

   No. S. 384.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of December, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934 and to Special Condition No. 1 (a) and (b), and Special Condition hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Annual

Upset

Price.

Acre.

Crown Rent.

N.

E.

W.

Tsun Wan

Demarcation District

No. 387, Lot No. 98.

Tsing Lung Tau.

:

:

$ $

•12

14

.20

Subject to readjustment as provided by the Conditions of Sale.

SPECIAL CONDITION.

The successful purchaser shall pay compensation in the sum of $20 to the owner of the grave situated to the north side of the Lot for the removal of same.

29th November, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

:

DISTRICT OFFICE, SOUTH.

No. S. 385.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of December, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

1997

 The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $750.

PARTICULARS OF THE LOT.

Boundary Measurements,

i

Contents

Annual

Registry No.

Locality.

in Square feet.

Price.

Upset Crown

Rent.

N.

S.

E.

W.

Tsun Wan Demarcation District

No. 387,

Lot No. 97.

Tsing Lung Tau.

29th November, 1935.

:

:

1,200

Subject to

readjustment as

provided by the

Conditions of

Sale.

$

$

24

3.00

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

DISTRICT OFFice, South.

No. S. 386.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of December, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $750.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents

in Square feet.

Annual

Price.

Upset Crown

Rent.

N.

S.

E.

W.

$

$

Lantao Plateau

Lot No. 116.

Ngon Ping.

:

1,200

12

1.50

Subject to readjustment as provided by the Conditions of Sale.

29th November, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1997

 The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $750.

PARTICULARS OF THE LOT.

Boundary Measurements,

i

Contents

Annual

Registry No.

Locality.

in Square feet.

Price.

Upset Crown

Rent.

N.

S.

E.

W.

Tsun Wan Demarcation District

No. 387,

Lot No. 97.

Tsing Lung Tau.

29th November, 1935.

:

:

1,200

Subject to

readjustment as

provided by the

Conditions of

Sale.

$

$

24

3.00

G. S. KENNEDY-SKIPTON,

District Officer, Southern District.

DISTRICT OFFice, South.

No. S. 386.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of December, 1935.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less the last 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 364 of 1934, and to Special Condition No. 2 (a).

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $750.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents

in Square feet.

Annual

Price.

Upset Crown

Rent.

N.

S.

E.

W.

$

$

Lantao Plateau

Lot No. 116.

Ngon Ping.

:

1,200

12

1.50

Subject to readjustment as provided by the Conditions of Sale.

29th November, 1935.

G. S. KENNEDY-SKIPTON, District Officer, Southern District.

1998

HONG KONG VOLUNTEER DEFENCE CORPS.

Headquarters, Hong Kong.

  No. S. 387.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Boots, H.K.V.D.C.", will be received at the Colonial Secretary's Office until Noon of Monday, the 16th day of December, 1935, for the supply and delivery of Boots required by the Unit, for the year 1936.

Each Tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of Dollars Fifty ($50) as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown, should the Tenderer refuse or fail to carry out the whole of the tender, which may be accepted. The deposit will be returned to any Tenderer whose tender is not accepted.

For form of tender and further particulars apply to the Adjutant, Hong Kong Volunteer Defence Corps, Headquarters, Garden Road.

The Government does not bind itself to accept the lowest or any tender.

29th November, 1935.

!

E. J. R. MITCHELL, Major,

Acting Adjutant, H.K.V.D. Corps.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Dividend Declared.

No. 25 of 1932.

1999

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Percy Hamilton Rolfe late of Peter Borough House, St. Aubin, Jersey, deceased.

In the Matter of the Companies Ordin-

ance 1932,

and

In the matter of The Hoo Tin Restau-

rant Limited.

(In Liquidation).

Re Jorge Carlos de Souza, of No. 250, NOTICE is hereby given that the Court NOTICE they given that in pursuance

Sai Yeung Choi Street, Mongkok, clerk.

FIRST dividend of $15.00 per cent has

A been declared in the above matter.

N

OTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 2nd day of December, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

   Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

No. 2 of 1933.

Re Felisberto Antonio Bernabe Fer- nandes, of No. 118, Gloucester Road, (first floor), Wanchai, in the Colony of Hong Kong, Clerk.

A FIRST dividend of $15.00 per cent has

been declared in the above-matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 2nd day of December, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 29th day of November, 1935.

JAMES J. HAYDEN,

Official Receiver.

NOTICE OF TRANSFER.

by virtue of Section 58 of the Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 25th day of December, 1935.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 28th day of November, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the sole Executor, Prince's Building, Ice House Street, Hong Kong.

N

In the Matter of the Companies Ordin-

ance, 1911,

and

In the Matter of the Industrial & Com-

mercial Bank, Limited.

(IN LIQUIDATION).

THIRD & FINAL DIVIDEND OF $15.78 PER CENTUM.

Notice of Dividend.

OTICE is hereby given that a Third and Final Dividend of 15.78% (making 55.78%

in all) has been declared in this matter payable

on and after uesday the 3rd day of December, 1935, for Creditors who have proved

in Hong Kong, at the offices of

Messrs. Percy Smith, Seth & Fleming. No 6, Des Vœux Road Central, Hong Kong.

at Shanghai, at the offices of

Messrs. Turner, Sturrock & Brown,

No. 9, Avenue Edouard V11, Shanghai.

Creditors applying for dividends are remind- ed that Dividend Notices must be produced

IN pursuance of Section 3 of the Fraudulent together with Deposit Receipt, Bills of Ex-

     Transfer of Business Ordinance No. 25 of 1923, Notice is hereby given that Tse Kam Fai

(謝錦輝)

() of No. 63, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, carrying on the business of an Import and Export merchant under the style or firm name of "The Colonial Mercantile Co." ( E) of No. 63, Des Vœux Road

  Central, 3rd floor, Victoria, aforesaid, (herein- after called "the Transferor") has transferred the said business of "The Colonial Mercantile Co." together with the goodwill thereof to

"The Wai Tak Tong" (AAI)

of No. 13, Tung Fook Street, Canton in the Province of Kwongtung, China, (hereinafter called "the Transferees").

The Transferees intend to carry on the said business at the same address under the same firm name of "The Colonial Mercantile Co.

(高露尼商業行) and will not

  assume the liabilities incurred by the Trans- feror in the said business.

Dated the 25th day of November, 1935.

LEO D'ALMADA & CO., Solicitors for the Parties.

NOTICE.

WE have this day changed the name of our

Company to Blackmore, Basto and

Shank Ltd.

Dated the 26th day of November, 1935.

BLACKMORE & BLACKBURN LTD., York Building, Hong Kong.

change or other documents.

Hong Kong, 28th November, 1935.

J. HENNESSEY SETH, S. HAMPDEN ROSS,

Joint Liquidators.

In the Matter of The Companies Ordin-

ance, 1911,

and

In the Matter of The Man Kwok Hotel

Company, Limited.

(IN LIQUIDATION).

NOTICE is hereby given in pursuance of

Section 188 of the Companies Ordinance 1911, that a Meeting of the members of the abovenamed Company will be held at the first floor, of No. 67, Des Voeux Road Central, Hong Kong, on Saturday, the 28th day of December, 1935, at 3 o'clock in the afternoon, for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted, and the property of the Company disposed of and of hearing any explanation that may be given by the Liquida- tors and also of determining the manner in which the books accounts and documents of the Company, and of the Liquidators thereof shall be disposed of.

Dated the 29th day of November, 1935.

(Lau Charn Shan) 劉贊臣 (Kan Ngok Wan) 簡蓴華 (Siu Kwan Wa) 蕭滾雲

Liquidators.

of Section 224 of the Companies ance, 1932, a General Meeting will be held at 2nd floor, of Eng Loong Restaurant, No. 318, Des Voeux Road, Central, Victoria, in the Colony of Hong Kong, on Saturday, 7th Decem- ber, 1935, the Creditors at 3.00 p.m. and the Members at 3.30 p.m. for the purpose of having an account laid before them, showing the man- ner in which the winding-up has been conduct- ed and the property of the Company disposed of, and of hearing any explanation that may be given by the Liquidators, and also determining by Extraordinary resolution the manner in which the books, accounts and records of the Company, and of the Liquidators thereof shall be disposed of.

Dated the 31st day of October, 1935.

高關何郭周

楚銘

珩起周林能

Liquidators.

(FILE No. 472 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

Company, otherwise called Lee On Hong of No. 162, Wing Lok Street, Hong Kong, Merchants, have on the 26th day of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

OTICE is hereby given that Lee On and

港香

利安行

貴子商標

in the name of Lee On and Company, other- wise called Lee On Hong, who claim to be the

sole proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Flour, Pearl Bar- ley and Raisins in Class 42.

Registration of this Trade Mark shall give no right to the exclusive use of the Chinese characters appearing thereon.

Dated the 29th day of November, 1935.

Lee On and Co., otherwise called LEE ON HONG,

Hong Kong, Applicants.

Trade and Shipping Returns for the month of October, 1935.

YOMPILED by the Statistical

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.

18, Ice House Street.

2002

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 388.-The following Bill is published for general information:-

[No. 49-4.12,35. -2.]

A BILL

Short title.

Amendment of long title of

Ordinance

No. 2 of 1891,

Amendment

of Ordinance No. 2 of 1891, s. 2.

cf. 16 & 17 Vict. c. 119, s. 1.

Amendment of Ordinance No. 2 of 1891, s. 3.

Amendment of Ordinance No. 2 of 1891, s. 7 (1).

INTITULED

An Ordinance to amend the Gambling Ordinance, 1891.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Gambling Amend- ment Ordinance, 1936.

2. The long title of the Gambling Ordinance, 1891, is amended by the insertion of the words "betting, gaming", after the word "gambling" in the second line.

3. Section 2 of the Gambling Ordinance, 1891, is amended-

(i) in paragraph (a) thereof by the substitution of a semi-colon and the word "or" for the full stop after the word "lotteries" in sub-paragraph (2) and by the addition of the following new sub-paragraph:-

(3) for the purpose of betting with persons resorting thereto; or for the purpose of any money or valuable thing being received as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race, or pony race, or other race, fight, game, sport, or exercise, or as or for the consideration for securing the paying or giving of any money or valuable thing on any such event or contingency.

(ii) by the addition after paragraph (b) thereof of the following new paragraph:-

(bb) "Gaming" applies to and includes the playing of any of the Games mentioned in paragraph (1) of the definition of "Common gaming house".

4. Section 3 of the Gambling Ordinance, 1891, is amended by the addition of the words ", or for any of the purposes mentioned in paragraph (3) of that definition" after the word "definition" at the end thereof.

5. Section 7 (1) of the Gambling Ordinance, 1891, is amended by the substitution of a semi-colon and the word "or" for the comma after the word "ticket" in paragraph' (b) and by the addition of the following new paragraph :-

(c) makes any bet in a common gaming house; or pays or receives any money or valuable thing in a common gaming house for any of the considerations mentioned in sub- paragraph (3) of paragraph (a) of section 2.

2003

:

›› of Ordinance

6. Section 8 of the Gambling Ordinance, 1891, is Amendment amended by the insertion of the words "gambling or betting" No. 2 of after the word "gaming" in the second line.

1891, s. 8.

7. Section 10 of the Gambling Ordinance, 1891, is Amendment amended-

(i) by the insertion of the words "gaming or" before the word "gambling" in the tenth line;

(ii) by the insertion of the words "betting slips," after the words "and also all" in the eleventh line;

(iii) by the substitution of the words "gaming, gambling or betting" for the word "gambling" in the twelfth and thirteenth lines;

(iv) by the substitution of the words ", betting slips" for the words "of gambling" in the fourteenth line.

of Ordinance No. 2 of 1891, s. 10.

8. Section 11 of the Gambling Ordinance, 1891, is Amendment

amended-

(i) by the substitution of the words "gaming or gambling, or betting slips" for the word "gambling" in the second line.

(ii) by the substitution of the words "gaming or gambling or betting slips" for the word "gambling" in the ninth line. (iii) by the substitution of the words "gaming, gambling or betting" for the word "playing" in the ninth line.

(iv) by the substitution of the words "gaming, gambling or betting" for the word "play" in the tenth line.

(v) by the substitution of the words "gaming or gambling and betting slips" for the word "gambling" in the last line.

of Ordinance No. 2 of 1891, s. 11.

9. Section 13 of the Gambling Ordinance, 1891, is Amendment amended-

of Ordinance No. 2 of

(i) by the insertion of the words "gambling or betting" 1891, s. 13. after the word "gaming" in the eleventh line;

,

(ii) by the substitution of the words "gaming or gambling or betting slips" for the word "gambling" in the thirteenth line.

10. Section 14 (1) of the Gambling Ordinance, 1891, is Amendment amended-

of Ordinance No. 2 uf 1891,

(i) by the insertion of the words ", gambling or betting" s. 14' (1). after the word "gaming" in the fifth line;

(ii) by the insertion of the words "gambling or betting" after the word "gaming" in the fourteenth line.

of Ordinance

11. Section 15 (2) of the Gambling Ordinance, 1891, is Amendment amended by the substitution of the words "gaming, gambling No. 2 of or betting" for the word "gambling" in the third line.

1891, s. 15 (2).

12. Section 16 of the Gambling Ordinance, 1891, is Amendment amended-

(i) by the substitution of the words "gaming, gambling or betting" for the word "gambling" in the first line;

(ii) by the substitution of the words "for any such person" for the words "to street gamblers" in the second line.

of Ordinance No. 2 of 1891, s. 16.

Substitution

for Ordin- ance No. 2. of 1891, s. 17.

Forfeiture

of imple- ments of

gaming or gambling, betting slips and money.

New section 18 for

Ordinance No. 2 of 1891.

Saving of matters authorised by Ordin-

ances No. 40

of 1931, No. 17 of 1933 and

No. 26 of 1934.

2004

13. Section 17 of the Gambling Ordinance, 1891, is repealed and the following section is substituted therefor :---

17. Where any persons are found gaming, gambling or betting in the street all implements of gaming or gambling, all betting slips, and also all money in actual use for any such purpose or found in the posession of such persons may be forfeited by the magistrate.

14. The following new section

         section is inserted in the Gambling Ordinance, 1891, as section 18 thereof :-

18. Nothing in this Ordinance shall be deemed to restrict anything authorised by the Betting Duty Ordinance, 1931, as amended by the Betting Duty Amendment Ordinance, 1933, and by the Betting Duty Amendment Ordinance, 1934.

Objects and Reasons.

1. Section 3 of this Ordinance amends the principal Ordinance, No. 2 of 1891, by adding to the definition of "Common gaming house" a paragraph relating to betting and receiving deposits on bets generally on the lines of sections 1 and 2 of the Betting Act, 1853, (16 and 17 Vict. c. 119).

14

2. Section 3 of this Ordinance also adds a definition of "gaming" which is not defined in the principal Ordinance though it appears in sections 8 and as used in a sense applicable to and including the playing of the games mentioned in paragraph (1) of the definition of "Common gaming house". Moreover in the principal Ordinance "gambling" is defined as applying to and including lotteries whereas it is clearly used in sections 10, 11, 13, 15, 16 and 17 as applying to and including the said games as well as to lotteries. After this amending Ordinance the word "gaming" will be used as applicable to unlawful games and the word "gambling" as applicable to unlawful lotteries.

3. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 effect consequential amendments in the principal Ordinance and sections 12 and 13 forbid street betting as well as street gaming and gambling.

4. Section 14 saves expressly the forms of betting and lotteries authorised by the Betting Duty Ordinance, No. 40 of 1931, as amended in 1933 and 1934.

December, 1935.

C. G. ALABASTER,

Attorney General.

2005

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 389.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th November, 1935, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China.

17,293,774

8,300,000*

Hong Kong and Shanghai Banking Corporation...

107,028,184

79,300,000†

Mercantile Bank of India, Limited...

1,666,097

724,200$

TOTAL

125,988,055

88,324,200

*In addition Sterling Securities are deposited with the Crown Agents valued at £745,200.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,284,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

6th December, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 390.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion War Loan

1940/1944.

£190,000.

6th December, 1935.

1081-1091

D. W. TRATMAN,

Colonial Secretary.

2006

COLONIAL SECRETARY'S DEPARTMENT.

   No. S. 391.-The following names of successful tenderers are notified for genera information:-

GOVERNMENT NOTIFICATION.

PARTICULARS.

FIRMS.

S. 324 of 18.10.35.

Tender for Boots and Shoes.

Items Nos. 1, 4 and 5, Aber-

deen Industrial School.

S. 315 of 8.10.35.

Tender for providing and fix- ing boundary stones Lots.

Mr. Tsang Foo.

to

S. 321 of 15.10.35.

S. 304 of 4.10.35.

S. 305 of 4.10.35.

S. 336 of 23.10.35.

S. 334 of 21.10.35.

S. 335 of 23.10.35.

S. 314 of 8.10.35.

S. 353 of 30.10.35.

S. 364 of 2.11.35.

S. 332 of 17.10.35.

S. 346 of 26.10.35.

S. 343 of 1.11.35.

S. 342 of 1.11.35.

Tender for repairs to S.L.

66

Kwong Lee".

Messrs. Kwong Cheung Hing.

Tender for the Slaughter Mr. Cheng Kwok Cheung.

House Contract, Sai Wan

Ho.

Tender for the Slaughter | Mr. Tam King.

House Contract, Aberdeen.

Tender for maintenance and

repairs to Port Works.

Tender for repairs to Grab

Dredger No. 1.

Tender for supply of Junks to Government Grab Dred- gers Nos. 1 and 2.

Tender for the maintenance, repairs, etc., of Govern- ment buildings.

Tender for repairs to Grab

Dredger No. 2.

Messrs. Kin Lee & Co., and

Messrs. Woo Hing.

Messrs. The Kwong Hip Lung

Co., (1932) Ltd.

Mr. Pang Chick.

Messrs. Tak Hing & Co., Messrs. Hop Cheong & Co., Messrs. Hop Hing & Son.

Messrs. The Kwong Hip Lung

Co., (1932) Ltd.

Tender for repairs to S/T Messrs. Kwong Cheung Hing.

"S.D. 2".

Tender for cleaning Type- Messrs. Reiss, Massey & Co.,

writers.

Tender for repairs to R.T.

"Kausing".

Tender for the supply of Brass

Dog Licence Badges.

Tender for the supply of meals to Chinese prisoners, Wit- nesses and Deportees.

Ltd.

Messrs. The Taikoo Dockyard

& Engineering Co., of Hong Kong Ltd.

The Aberdeen Industrial

School.

Mrs. Chan Sum.

:

GOVERNMENT NOTIFICATION.

2007

PARTICULARS.

FIRMS.

S. 354 of 30.10.35.

S. 277 of 6.9.35.

S. 344 of 1.11.35.

S. 316 of 8.11.35.

S. 320 of 15.10.35.

Tender for Site Formation and Foundations to Flats for European M. O's at the Queen Mary Hospital.

Tender for the purchase of

Nightsoil.

Tender for Photographing.

Tender for Chinese Cemeteries.

Tender for repairs to Hulk

'Aldecoa'.

Messrs. Hop Shing & Co.

Mr. Wong Shing.

Messrs. Yim Fong Studio.

Messrs. Tai Tack Shing & Co.

Messrs. W. S. Bailey & Co., Ld., Messrs. Kwong Hip Lung Co.,

(1932) Ltd.,

Messrs. Kwong Cheung Hing, Messrs. Hong Kong and

Whampoa Dock Co., Ltd.

6th December, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 392.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

6th December, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

GOVERNMENT NOTIFICATION.

2007

PARTICULARS.

FIRMS.

S. 354 of 30.10.35.

S. 277 of 6.9.35.

S. 344 of 1.11.35.

S. 316 of 8.11.35.

S. 320 of 15.10.35.

Tender for Site Formation and Foundations to Flats for European M. O's at the Queen Mary Hospital.

Tender for the purchase of

Nightsoil.

Tender for Photographing.

Tender for Chinese Cemeteries.

Tender for repairs to Hulk

'Aldecoa'.

Messrs. Hop Shing & Co.

Mr. Wong Shing.

Messrs. Yim Fong Studio.

Messrs. Tai Tack Shing & Co.

Messrs. W. S. Bailey & Co., Ld., Messrs. Kwong Hip Lung Co.,

(1932) Ltd.,

Messrs. Kwong Cheung Hing, Messrs. Hong Kong and

Whampoa Dock Co., Ltd.

6th December, 1935.

D. W. TRATMAN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 392.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

6th December, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

D. W. TRATMAN,

Colonial Secretary.

2008

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 393. Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

6th December, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

D. W. TRATMAN,

Colonial Secretary.

DISTRICT OFFICE, TAI Po.

    No. S. 394.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 18th day of December, 1935.

    The Lots are let for the term of one year from the 1st day of July, 1935. Serial Nos. 1 to 6 are let as Agricultural Lots and Serial No. 7 as a Fish drying ground. Serial No. 1 is subject to the special condition hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres.

Price.

Annual Upset Crown

Rent.

No. D. D. Lot.

N.

S.

E.

W.

feet.

feet. feet. feet.

$

$

1

189 1444

Tin Sam.

As per plan deposited in the District Office, North.

15 acre.

Nil

.90

2

51 4699

Fanling.

16

1.00

""

""

3

4700

•19

1.20

>>

29

"

19

""

4

4702

Wo Hop Shek.

'70

4.20

""

""

""

LO

5

9

1372

1'08 acres.

6.50

""

6 180 866

Tai Wai.

7

363 354

Leung Shun Wan.

•10 acre.

.60

"

•10

.60

""

"J

""

SPECIAL CONDITION TO SERIAL No. 1.

Only ground crops shall be grown on the lot.

4th December, 1935.

T. MEGARRY,

District Officer, North.

2009

DISTRICT OFFICE, TAI PO.

 No. S. 395.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 18th day of December, 1935.

 The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 7 as Building Lots. Serial Nos. 8 to 12 as Agricultural Lots and Serial Nos. 13 and 14 as Garden Lots subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 7 are further subject to Special Condition No. 2 (a). Serial Nos. 8 to 14 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Serial Nos. 10 to 14 are further subject to Special Conditions hereunder specified.

 The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,750, $500, $750, $500, $500, $500 and $250 respectively.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

s

E.

W.

Contents in Acres, or Square feet.

Annual

Upset Price.

Crown

Rent.

feet. feet. feet. feet.

Locality.

No. D. D.

Lot.

N.

1

185

358

Sha Tin Pai Tau.

As per plan deposited in the District Office, North.

3,000 sq. ft.

60

7.00

2

360

870

18

2.00

"

95

3

214

760

Nam Wai.

900

9

1.50

4

211

166

Ma Lam Wat.

450

5

1.00

""

""

5

221 1699

Sha Kok Mi.

450

5

1.00

"

6

195

152

Man Tso Ngam.

480

5

1.00

""

7

85

718

Lau Shui Heung.

264

3

.50

27

00

92 2260

Tsung Pak Long.

'03 acre.

4

.10

9

22

937

Un Iu.

*42

46

.50

""

"

10

935

Lai Chi Shan.

•20

22

.20

99

11

936

14

16

.20

""

""

12

6

1232

Shek Ku Lung.

*04

5

.10

""

13

185

359

Sha Tin Pai Tau.

*65

14

361

•21

23

22

71

.70

.30

2

17

SPECIAL CONDITION TO SERIAL Nos. 10 AND 11.

Path through the lot to be left open to the public.

SPECIAL CONDITION TO SERIAL No. 12.

The purchaser shall within seven days from the date of sale pay to the licensee of

F. L. No. 545 the sum of $2 as compensation for fir trees on the lot.

2010

SPECIAL CONDITION TO SERIAL No. 13.

The purchaser shall within seven days from the date of sale pay to the licensee of F. L. No. 331 the sum of $12 as compensation for fir trees on the lot.

SPECIAL CONDITION TO SERIAL No. 14.

   The purchaser shall within seven days from the date of sale pay to the licensee of F. L. No. 330 the sum of $10 as compensation for fir trees on the lot.

4th December, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, TAI PO.

   No. S. 396.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 19th day of December, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 5 as Building Lots and Serial No. 6 as an Orchard Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 5 are further subject to Special Condition No. 2 (a). Serial No. 6 is further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification and to Special Condition hereunder specified.

   The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $750, $500, $250, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

in

Locality.

No. D. D. Lot.

N.

S.

E.

W.

Acres, or Price. Square feet.

Upset Crown

Rent.

feet. feet. feet. feet.

$

**

$

1

113 1566

Ma On Kong Ho Pui.

As per plan deposited in the District Office, North.

1,184 sq. ft.

24

3.00

2

132 1843

Leung Tin Tsun.

840

17

2.00

"1

"

3

115

1324

Shan Pui.

372

1.00

4

1325

""

Wong Uk Tsun.

348

7

1.00

5

127

339

Kiu Tau Wai.

168

4

1.00

""

"

6

114 1676

Ling Wan Chi.

*56

"J

acre. 60

1.20

SPECIAL CONDITION TO SERIAL No. 6.

The purchaser shall within two years from the date of sale plant and grow fruit trees on the lot to the satisfaction of the District Officer, North.

4th December, 1935.

T. MEGARRY,

District Officer, North.

2010

SPECIAL CONDITION TO SERIAL No. 13.

The purchaser shall within seven days from the date of sale pay to the licensee of F. L. No. 331 the sum of $12 as compensation for fir trees on the lot.

SPECIAL CONDITION TO SERIAL No. 14.

   The purchaser shall within seven days from the date of sale pay to the licensee of F. L. No. 330 the sum of $10 as compensation for fir trees on the lot.

4th December, 1935.

T. MEGARRY, District Officer, North.

DISTRICT OFFICE, TAI PO.

   No. S. 396.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11.30 a.m., on Thursday, the 19th day of December, 1935.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Serial Nos. 1 to 5 as Building Lots and Serial No. 6 as an Orchard Lot subject to the General Conditions of Sale published in Government Notification No. 364 of 1934. Serial Nos. 1 to 5 are further subject to Special Condition No. 2 (a). Serial No. 6 is further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification and to Special Condition hereunder specified.

   The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $750, $500, $250, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

in

Locality.

No. D. D. Lot.

N.

S.

E.

W.

Acres, or Price. Square feet.

Upset Crown

Rent.

feet. feet. feet. feet.

$

**

$

1

113 1566

Ma On Kong Ho Pui.

As per plan deposited in the District Office, North.

1,184 sq. ft.

24

3.00

2

132 1843

Leung Tin Tsun.

840

17

2.00

"1

"

3

115

1324

Shan Pui.

372

1.00

4

1325

""

Wong Uk Tsun.

348

7

1.00

5

127

339

Kiu Tau Wai.

168

4

1.00

""

"

6

114 1676

Ling Wan Chi.

*56

"J

acre. 60

1.20

SPECIAL CONDITION TO SERIAL No. 6.

The purchaser shall within two years from the date of sale plant and grow fruit trees on the lot to the satisfaction of the District Officer, North.

4th December, 1935.

T. MEGARRY,

District Officer, North.

2011.

POLICE DEPARTMENT.

No. S. 397.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Rations for Indian Police", for the supply and delivery of the articles therein mentioned as required to Police Stations from the '1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Monday, the 16th December, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following :-

Atta Dhall

Ghee (Buffalo) Massala...

Salt

1 lb. 8 oz.

Ghee shall conform to the following specification:-

Reichert Meissl Value

Saponification Value

...

2

21

HN NM NM

""

above 28

above 225

Refractive Index @ 40° C....not above 42.5

For forms of tender and any other information apply to the Police Department, Police Headquarters. Tenderers who so desire may submit alternative tenders for vary- ing rates of exchange.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

6th December, 1935.

T. H. KING, Inspector General of Police.

PRISON DEPARTMENT.

  No. S. 398.-It is hereby notified, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Rations to Indian Prison Staff" for the supply and delivery of the articles therein mentioned as required to the Prison Department, Hong Kong, and the Laichikok Branch Prison, from the 1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Monday, the 16th December, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following:-

Atta Dhall

Ghee (Buffalo) Massala

Salt

1 lb. 8 oz.

2

21

""

""

2011.

POLICE DEPARTMENT.

No. S. 397.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Rations for Indian Police", for the supply and delivery of the articles therein mentioned as required to Police Stations from the '1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Monday, the 16th December, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following :-

Atta Dhall

Ghee (Buffalo) Massala...

Salt

1 lb. 8 oz.

Ghee shall conform to the following specification:-

Reichert Meissl Value

Saponification Value

...

2

21

HN NM NM

""

above 28

above 225

Refractive Index @ 40° C....not above 42.5

For forms of tender and any other information apply to the Police Department, Police Headquarters. Tenderers who so desire may submit alternative tenders for vary- ing rates of exchange.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

6th December, 1935.

T. H. KING, Inspector General of Police.

PRISON DEPARTMENT.

  No. S. 398.-It is hereby notified, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Rations to Indian Prison Staff" for the supply and delivery of the articles therein mentioned as required to the Prison Department, Hong Kong, and the Laichikok Branch Prison, from the 1st January, 1936 to the 31st December, 1936 inclusive, will be received at the Colonial Secretary's Office until Noon of Monday, the 16th December, 1935.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

A ration consists of the following:-

Atta Dhall

Ghee (Buffalo) Massala

Salt

1 lb. 8 oz.

2

21

""

""

2012

Ghee shall conform to the following specification :-

Ghee shall be pure ghee composed of clarified butter, and of such quality that upon analysis the following standards are attained or excelled :---

Reichert Meissl Value Saponification Value......

Refractive Index at 40° C...

...above 28.

...above 225.

...not above 42.5.

For forms of tender and any other information apply at the Prison Department Office, Victoria Gaol. Tenderers who so desire may submit alternative tenders for vary- ing rates of exchange.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

6th December, 1935.

No. S. 399.

NOTICES TO MARINERS.

No. 94/1935.

J. W. FRANKS,

Superintendent.

1

It is hereby notified that during the year ending 31st December, 1936, examinations for Certificate of Competency as Masters, Mates and Engineers will be held on the following dates:-

Tuesday, 14th January.

4th February.

""

18th February.

""

3rd March.

""

17th March.

""

31st March.

""

""

21st April.

5th May.

19th May.

""

9th June.

""

23rd June.

""

Tuesday, 7th July. 21st July.

""

4th August.

18th August.

""

1st September.

"

15th September.

""

29th September.

20th October.

$

19

3rd November.

""

17th November.

"

1st December.

15th December.

""

Candidates for examination for Certificate of Competency for Masters and Mates should present their papers to the Examiner at the Harbour Office at 10 a.m. on the Saturday preceding the examination.

Candidates for examination for Certificates of Competency for 1st and 2nd Class Engineers should present their papers to the examiner at the Government Marine Surveyor's Office at 9.30 a.m. at least three days before the examination.

2nd December, 1935.

2012

Ghee shall conform to the following specification :-

Ghee shall be pure ghee composed of clarified butter, and of such quality that upon analysis the following standards are attained or excelled :---

Reichert Meissl Value Saponification Value......

Refractive Index at 40° C...

...above 28.

...above 225.

...not above 42.5.

For forms of tender and any other information apply at the Prison Department Office, Victoria Gaol. Tenderers who so desire may submit alternative tenders for vary- ing rates of exchange.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

6th December, 1935.

No. S. 399.

NOTICES TO MARINERS.

No. 94/1935.

J. W. FRANKS,

Superintendent.

1

It is hereby notified that during the year ending 31st December, 1936, examinations for Certificate of Competency as Masters, Mates and Engineers will be held on the following dates:-

Tuesday, 14th January.

4th February.

""

18th February.

""

3rd March.

""

17th March.

""

31st March.

""

""

21st April.

5th May.

19th May.

""

9th June.

""

23rd June.

""

Tuesday, 7th July. 21st July.

""

4th August.

18th August.

""

1st September.

"

15th September.

""

29th September.

20th October.

$

19

3rd November.

""

17th November.

"

1st December.

15th December.

""

Candidates for examination for Certificate of Competency for Masters and Mates should present their papers to the Examiner at the Harbour Office at 10 a.m. on the Saturday preceding the examination.

Candidates for examination for Certificates of Competency for 1st and 2nd Class Engineers should present their papers to the examiner at the Government Marine Surveyor's Office at 9.30 a.m. at least three days before the examination.

2nd December, 1935.

2013

No. 95/1935.

Landing of His Excellency the Governor designate of Hong Kong on December 12th, 1935.

Notice is hereby given that Queen's Pier will be closed to all harbour traffic and craft between the hours of 8.30 a.m. and 11 a.m. on December 12th, 1935.

Harbour Department,

3rd December, 1935.

G. F. HOLE,

Harbour Master, &c.

2014

A

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Dividend Declared.

No. 8 of 1921.

Re Luca Leonardo da Silva. of Victoria, in the Colony of Hong Kong, Clerk.

FOURTH and Final Dividend of $25.00% (making $100% in all) plus interest pro rata has been declared in the above matter.

N

OTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's ffice, Victoria, aforesaid on the 9th day of December, 1935, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

      Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

A

No. 7 of 1932.

Re Fung Yuk Wing, of No. 24, Queen's Road East, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

SECOND dividend of $7.00 per cent has

been declared in the above-matter.

NOTICE is hereby given that the above-

         mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 10th day of December, 1935, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 6th day of December, 1935.

JAMES J. HAYDEN,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

R

IN BANKRUPTCY.

No. 14 of 1935.

Re The Sang Yuen Loong Firm, of No. 94. Jervois Street, Victoria, in the Colony of Hong Kong, and Lui Chok Woon a partner thereof.

ECEIVING Order made 30th day of November, 1935. Date and place of first meeting of Creditors, 12th day of Decem- ber, 1935, at 11.00 a.m. in the Official Recei- ver's Office.

NOTE. All debts due to the estate should be paid to me.

Dated the 6th day of December, 1935.

N

JAMES J. HAYDEN,

Official Receiver.

NOTICE.

OTICE is hereby given pursuant to section 6 of the Sœurs de Saint Paul de Chartres Incorporation Ordinance, 1915, that Sister Romaine Vermeersch has been appointed the Mother Superior in this Colony of the Sœurs de Saint Paul de Chartres. Proof of the said appointment has been submitted to His Ex- cellency the Governor.

Dated the 6th day of December, 1935.

DEACONS, Solicitors for the said Mother Superior. 1, Des Voeux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

W

(COMPANIES WINDING-UP.)

No. 8 OF 1935.

In the Matter of the Companies Ordin-

ance 1932,

and

In the Matter of the Universal Rubber

Factory Company, Limited.

INDING-UP Order made on the 3rd day of December, 1935. Date and place of First Meetings:

Creditors, Monday, the 23rd day of Decem- ber, 1935, at 10.30 o'clock in the forenoon at the Official Receiver's Office, Supreme Court, Hong Kong.

Contributories, Monday, the 23rd day of December, 1935, at 11.30 o'clock in the fore- noon at the Official Receiver's Office, Supreme Court, Hong Kong.

Dated the 6th day of December, 1935.

JAMES J. HAYDEN, Official Receiver and Provisional Liquidator.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS

No. 65 of 1935.

In the Matter of the Ka Wah Savings

Bank, Limited,

and

In the Matter of the Companies Ordı-

nance, 1932.

NOTICE is hereby given, that by an Order

dated the 29th day of November, 1935, the Court has directed separate meetings of:

(1) The unsecured creditors, and

(2) The members of the abovenamed Com-

pany

respectively to be convened for the purpose of considering, and, if thought fit approving with or without modification, a Scheme of Arrange- ment proposed to be made between the said creditors and members and the said Company respectively such meetings to be held on Mon- day, the 23rd day of December, 1935, at the Chinese Y. M. C. A. Bridges Street, Victoria, in the Colony of Hong Kong, at the respective times below mentioned, namely:

-

(1) The Meeting of Creditors at 11.30 o'clock

in the forenoon,

(2) The Meeting of the Members at 2.30 o'clock in the afternoon, or so soon there- after as the said Meeting of Creditors is concluded;

at which place and respective times all the said creditors and members are requested to attend.

A print of the said Scheme of Arrangement can be seen and forms of proxy obtained at the office of the liquidators at No. 208, Des Voeux Road Central, Victoria aforesaid, or of their Solicitors, Messrs. Lo and Lo, Alexandra Build- ings, Victoria aforesaid on any week day between the hours of 10 a.m. and 5 p.m. prior to the date of the said meetings.

The creditors and members respectively may attend such separate meetings as aforesaid and vote in person or by proxy, provided that all proxies given by the creditors and members be deposited with the said liquidators at No. 208, Des Voeux Road Central, Victoria aforesaid, not later than 12 o'clock noon on Saturday, the 21st day of December, 1935.

The Court has appointed Mr. Chan Tat Sam or failing him Mr. Wu Yee Tung to act as chairman of the said meetings, and has directed such chairman to report the result of the said meetings to the Court.

The abovementioned Scheme will be subject to the subsequent approval of the Court.

Dated the 2nd day of December, 1935.

LO AND LO, Solicitors for the said Liquidators.

IN THE SUPREME COURT OF

HONG KONG,

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 8 of 1934.

Re The Mow Sang Tong()

of No. 16, Bonham Strand West, Victoria, in the Colony of Hong Kong, jinseng and deer horn mer- chants, and Ching Yat Ting (

of No. 16 Bonham Strand West, Victoria, aforesaid, surviving partner therein.

FIRST and final dividend is intended to

A be declared in this matter.

Creditors who have not proved their debts by the 6th day of January, 1936, will be excluded.

Dated the 6th day of December, 1935.

JAMES J. HAYDEN,

Official Receiver.

HONGKONG BREWERS & DISTILLERS LIMITED.

N

NOTICE OF CREDITORS' MEETING.

OTICE is hereby given that a Meeting of the Creditors of the Hong Kong Brewers and Distillers Limited, will be held at the offices of the Company at No. 7, Duddell Street, Victoria, in the Colony of Hong Kong, on the 11th day of December, 1935, at 12.30 p.m. o'clock in the afternoon for the purposes mentioned in Sections 227, 228 and 229 of the Companies Ordinance 1932.

Dated the 29th day of November, 1935.

By order of the Board,

E. M. BARRETT, Secretary.

HONG KONG BREWERS & DISTILLERS,

LIMITED.

(In Voluntary Liquidation).

[OTICE is hereby given that an Extra-

Company will be held at its Registered Office, No. 7, Duddell Street, Hong Kong, on Wednes- day, the 11th December, 1935, at 12 noon, for the purpose of considering and, if thought fit, passing the subjoined Resolutions as Extra- ordinary Resolutions:-

(1) That it has been proved to the satisfaction of the Company that the Compar cannot reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily under the provisions of the Com- panies Ordinance 1932.

(2) That Mr. S. T. Butlin of Messrs. Linstead & Davis, Chartered Ac- countants, be hereby appointed Liquidator for the purposes of such winding-up.

Dated the 29th day of November, 1935.

By Order of the Board,

E. M. BARRETT,

Secretary.

(FILE No. 462 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Luen Fung

& Co. of 49, Nathan Road, Kowloon, Hong Kong, and of 13, Sun Hing Street, Canton, China, on the 8th day of November, 1935, applied for the registration in Hong Kong. in the Register of Trade Marks, of the following Trade Marks:-

(1)

|FLASH CRACKERS

魔豐

CAMEL

電光炮

國聯Brand

市廠

MANUFACTURED BY LUEN FUNG CANTON

MADE IN CHINA

(2)

2015

(FILE Nos. 464 AND 470 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Kun Hing.

Hong, of No. 86, Wing Lok Street, Hong Kong, have by two applications dated the 15th and 25th days of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing two Trade Marks:-

本五三零

松興行出街

(1)

****

有線無線電

電話二七三三掌

忻八十六號

#

#

(FILE No. 465 of 1935) TRADE MARKS ORDINANCE, 1909.

N

Application for Regisiration of a Trade Mark.

OTICE is hereby given that Messrs. Jebsen & Co. of No. 12 Pedder Street, Hong Kong, have, on the 16th day of Novem- ber, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

KUN HING HONG

86. Wing Lok Stree

We have branch shop in Nao-ning. Ewang ta gizơn nač

port High Quality White Wedding Papa

Telephone No 97330

Mark "Crom Flaqu." Kaquiry jovitad

Gladio & Kabler

083 HÓNGIONO

Trade

OSTRICH Brund

Crackers

Made in Chinn by Luen Fue

in the name of Luen Fung & Co., who claim to be the proprietors thereof.

    The Trade Marks have been used by the Applicants in respect of Fire-works and Fire- crackers in Class 20.

    The Registration of the "Camel " trade mark shall give no right to the exclusive use of the firm na e in English and Chinese and of the numerals 1,5/8" appearing thereon either in combination or separately and that the Registration of the "Ostrich" trade mark shall give no right to the exclusive use of the words "Luen Fung" and of the numerals 1,5/8" appearing thereon either in combination or separately.

Dated the 6th day of December, 1935.

LUEN FUNG & CO., Applicants.

(FILE No. 461 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

N

a Trade Mark.

OTICE is hereby given that the San Man Noodle and Macaroni Factory of 570, Queen's Road West, Victoria, in the Colony of Hong Kong, have on the 8th day of November, 1935, applied for the registration in Hong

    Kong, in the Register of Trade Marks, of the following Trade Mark :---

標商馬飛

(2)

in the name of Kun Hing Hong, who claim to be the sole proprietors thereof.

Trade Mark No. 1 is to be registered in Class 39 in respect of Chinese white wadding

in the name of Messrs. Jebsen & Co., who claim to be the proprietors thereof.

The above Trade Mark is intended to be used forthwith by the Applicants in respect of En- gineering, architectural, and building contriv- ances, including electric wire and cables in Class 18.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks, Hong Kong.

Dated the 6th day of December, 1935.

JEBSEN & CO.,

Applicants.

12, Pedder Street, Hong Kong.

(FILE NC. 427 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

paper. Trade Mark No. 2 is to be registered NOTICE is hereby given that J. Thiriez in Class 1 in respect of Aluminium powder. The two Trade Marks have not hitherto been used by the applicants but it is their intention so to use them forthwith in respect of the goods mentioned above.

Registration of Trade Mark No. 1 shall give no right to the exclusive use of the Chinese characters" appearing thereon.

Dated the 6th day of December, 1935.

KUN HING HỌNG,

No. 86, Wing Lok Street, Hong Kong, Applicants.

Pere et Fils et Cartier-Bresson of No. 63 Faubourg de Béthune, Lille, in the Republic of France have on the 16th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

L. [V.

✔TRADE MARK

in the name of the San Man Noodle and Macar- oni Factory, who claim to be the proprietors

thereof.

    The Trade Mark has been used by the Appli- cants in respect of Noodle and Macaroni made of rice and/or flour in Class 42.

Dated the 6th day of December, 1935.

SAN MAN NOODLE & MACARONI

FACTORY, Applicants.

Trade and Shipping Returns for the month of October, 1935.

Co

(OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.

18, Ice House Street.

PARIS

in the name of J. Thiriez Pere et Fils et Cartier-Bresson who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1931 in respect of sewing cotton and cotton yarn in Class 23.

The Registration of this mark shall give no right to the exclusive use of the letters L. V." appearing thereon either in combination or separately.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of November, 1935.

WILKINSON AND GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

2016

(FILE Nos. 424 AND 426 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four Trade Marks.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft of Gruneburgplatz, Francfort-on-Main, Germany, Manufacturers, have on the 14th day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(FILE No. 388 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Tai Tung Dispensary, of No. 54 Bonham Strand West, Victoria, in the Colony of Hong Kong, bave on the 9th day of September, 1935, appli- ed for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

(1)

( 2 )

Woolstra

Distra

(3)

(4)

Finopan Novopan

樂務片

in the name of I. G. Farbenindustrie Aktiengesellschaft who claim to be the

sole proprietors thereof.

      The Trade Mark No. 4 has been used by the Applicants in respect of cinematographic films in Class 8.

The Trade Marks Nos. 1, 2 and 3 have not hitherto been used by the Applicants but it is their intention to use same forthwith as regards Trade Marks Nos. 1 and 2 in respect of Artificial textile fibres, yarns and piece goods in Class 50 and as regards Trade Mark No. 3 in respect of cinemato- graphic films in Class 8.

The said Trade Mark No. 3 is to be associated with Trade Mark No. 179 of 1934 and the said Trade Mark No. 4 is to be associated with Trade Mark No. 70 of 1932.

in the name of the said Tai Tung Dispensary, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants in respect of Chemical sub- stances prepared for use in medicine and Phar-

macy in Class 3.

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks

and also at the office of the undersigned.

Dated the 4th day of October, 1935.

RUSS & CO.,

Solicitors for the Applicants,

No. 6, Des Vœux Road Central,

Hong Kong.

(FILE No. 400 or 1935)

TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Chon Fon Me-Chai Company of Shanghai,

China,(中國上海中方味齋廠)

having its branch office situate at No. 187 Wing Lok Street, West, Victoria, in the Colony of Hong Kong, General Merchants on the 17th

day of September, 1935, applied for registration of Hong Kong, in the Register of Trade Marks, in the following Trade Mark, viz :--

Sabbio

水仙

**

齋味

ME-CHAI

粉味調等優竅

NEARTE

品出眾齋味方中海上國中

PRODUCED BY RYKWANG

MANUFACTURED BY

CEONFON HE-CHAICo

SHANGILI

oppppp

in the name of The Chon Fon Me-Chai Com-

pany,(中國上海中方味齋廠)

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 42 in respect of Gourmet Powder.

Facsimiles of the above Trade Mark can be seen at the Office of the Registrar of Trade

Facsimiles of such Trade Marks can be seen at the offices of the Regis- Marks and also at the undersigned. trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of December, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

It is hereby stated that the registration of this mark gives no right to the exclusive use of the words "Me-Chai" and the Chinese Charac- ters ""appearing thereon.

Dated the 4th day of October, 1935.

LO AND LO, Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

}

ZAJET

(FILE No. 471 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE No. 401 of 1935) TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Po Chiu Battery Company (NOTICE is hereby given that Li Ting of Nos. 41, 53 and 55 Yen Chow Street, Shamshuipo, On Tong and as Ma-Li-U (£X Cheung, () trading as Po Kowloon, Hong Kong, have, by an application dated the 25th day of Novem- ber, 1935, applied for the registration in liong Kong, in the Register of Trade) of No. 22, West Street, Marks, of the following Trade Mark :--

No. 919

DIRECTIONS

ALL THE PRODUCTS OF OUR

FACTORS ARE MADE OF

BEST MATERIALS AND

BY THE MOST SCIENTIFIC PROCESS

BY THE KEEP OF THE GOOD MACHINERIES AND THE RAPIONESS OP PRODUCTING. THE PRODUCTS Or GOOD QUALITY CAN BE SOLD VERY CHEAPLY THEREFORE.

SINCE THEY ARE INTO THE WORLD THEY ARE WELCOME

EVERY ONE

MODERN GIRL

FRADE MARK

MADE IN HONG KONG PO CHIU BATTERY CO

in the name of the said Po Chiu Battery Company, who claim to be the pro- prietors thereof.

The said Trade Mark is intended to be used by the applicants forth- with in respect of Flashlight Cells in Class 8.

Registration of the said Trade Mark shall give no right to the exclusive use of the abbreviation and numerals "No. 919" either in combination or separately and of all the words appearing thereon with the exception of the words "Modern Girl".

Registration of the said Trade Mark is limited to the colours as on specimen mark affixed to the application for registration.

Dated the 6th day of December, 1935.

NOTI

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, Bank of East Asia Building,

Des Voeux Road Central, Hong Kong.

(FILE No. 272 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

wn

OTICE is hereby given that C. M. Chau of No. 19 Sharp Street, and No. 15, Yu Wah Street, Victoria, in the Colony of Hong Kong, has on the 30th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Victoria, Hong Kong, has, by an application dated the 17th day of September, 1935, applied for the Registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

in the name of the said Li Ting Cheung trading as Po On Tong and as Ma-Li-U, who claims to be the proprietor thereof.

The said Trade Mark has been used by the applicant in respect of Medicated Tea, Medi- cines and Medicated Articles in Class 3. Dated the 4th day of October, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicant, St. George's Building, Hong Kong.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance), Half year,

Three months,

(do.),

(do.),

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,.

$18.00

10.00

6.00

TRADE

ww

MARK

CROWN

in the name of C. M. Chau, who claims to be the proprietor thereof.

     The Trade Mark has been used by the applicant since the beginning of this year in Class 8 in respect of Electrical flashlights and batteries.

A fascimile of such Trade Mark can be seen at the Offices of the Regis- trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of October, 1935.

D'ALMADA REMEDIOS & CO.,

Solicitors for the Applicant, York Building, Second floor, Hong Kong.

Each additional line,

Chinese, per Character,

Repetitions,

$1.00

for let

$0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

THE NEW

VEHICLES AND

TRAFFIC

REGULATION

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

PRINTED AND PUBLISHED BY NORONHA & CO., PRINTERS TO THE HONG KONG GOVERNMENT.

2020

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 400.-The following Bill is published for general information:-

[No. 41-10.12.35.-5.]

A BILL

Short title.

Amendment of Ordin- ance No. 37 of 1932,

s. 18.

42 & 43 Vict. c. 49, s. 38.

4 & 5 Geo. 5, c. 58,

s. 22,

INTITULED

An Ordinance to amend the Police Force Ordinance, 1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Police Force Amendment Ordinance, 1936.

2. Section 18 of the Police Force Ordinance, 1932, is amended as follows:--

(i) by the repeal of sub-sections (2) and (3) thereof and the substitution of the following sub-sections therefor:

(2) Every person taken into custody by an officer of police with or without a warrant, except a person detained for the mere purpose of taking his name and residence, shall be taken with all convenient speed to a police station and there delivered into the custody either of the officer in charge of the police station or of any European officer of police of rank not inferior to lance-sergeant.

(3) On a person being taken into custody for an offence with or without a warrant a European lance-sergeant of police or any European officer of police of equal or superior rank, or the officer in charge of a police station, may in any case, and shall, if it will not be practicable to bring such person before a magistrate within forty-eight hours after he was so taken into custody, inquire into the case, and, unless it appears to such lance-sergeant or officer that the offence is of à serious nature, or that the person is a person who ought to be detained, discharge the person upon his entering into a recog- nizance with or without sureties for a reasonable amount to appear before a magistrate, or to surrender for service of a warrant of arrest and detention or for discharge, at the time and place named in the recognizance, but where such person is detained in custody he shall be brought before a magistrate as soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any Ordinance relating to deportation is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obligation on the parties entering into the same, and shall be liable to the same proceedings for the estreating thereof, as if the recognizance had been taken before a magistrate.

2021

(ii) by the repeal of the words "the officer in charge of the police station" in the second line of sub-section (5) thereof, and the substitution therefor of the words "any such lance- sergeant or officer as is mentioned in sub-section (3)".

Objects and Reasons.

1. Section 2 (i) of this Ordinance effects minor changes of police procedure by substituting two new sub-sections for sub- sections (2) and (3) of section 18 of the Police Force Ordin- ance, No. 37 of 1932, extending to European lance-sergeants of police and other European officers of police of equal or superior rank the duties in respect of persons in police custody and the powers as to release on bail of such persons, formerly exercised only by officers in charge of police stations.

2. This extension is necessary in order to facilitate in- quiry into, and the release on bail of persons charged with numerous petty offences now investigated by such officers, who in the mixed police force of this Colony exercise many of the functions performed elsewhere by officers of nominally superior rank.

3. Section 2 (ii) makes a consequential amendment in sub-section (5) of section 18 of the Police Force Ordinance, 1932.

4. In new sub-section (3), added by section 2 (i) of this Ordinance to section 18 of the Police Force Ordinance, 1932, the wording of section 38 of the Summary Jurisdiction Act, 1879, (42 & 43 Vict. c. 49), as enacted by section 22 of the Criminal Justice Administration Act, 1914, (4 & 5 Geo. 5, c. 58), has been more closely followed than in the sub-section which it replaces.

December, 1935.

C. G. ALABASTER,

Attorney General.

2022

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 401.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

13th December, 1935.

Authority.

Notification No. 729 of 23rd September 1935.

W. T. SOUTHorn,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 402.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the

Hawaiian Is- lands.

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

Vessels detained at river mouth and passengers and 29th October,

crew vaccinated unless they can produce evidence of successful recent vaccination.

1926.

No. S. 301.

13th December, 1935.

W. T. SOUTHorn,

Colonial Secretary.

:

2023

PUBLIC WORKS DEPARTMENT.

 No. S. 403.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Oils", will be received at the Colonial Secretary's Office until Noon of Thursday, the 19th day of December, 1935, for the supply and delivery of Lighting and Fuel Oils required by the Government of Hong Kong during the year 1936.

 Tenderers may quote for all or any part of each Specification and must produce with each tender a receipt that they have deposited in the Colonial Treasury the sum of Dollars Twenty ($20) as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should such tender be accepted. The deposit shall be returned to any tenderer whose tender is not accepted.

 Successful tenderers will be required to deposit in the Colonial Treasury the sum prescribed in the respective Forms of Tender as security for the due and faithful perfor- mance of the Contract.

 Forms of Tender and further particulars may be obtained at the Office of the Superintendent of Accounts and Stores, Public Works Department, Lower Albert Road.

 The Government does not bind itself to accept the lowest or any tender, and reserves the right to accept ALL OR ANY PART OF EACH Specification.

10th December, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

 No. S. 404.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for The New Hospital at Stanley Gaol ", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of December, 1935. The works consist of the erection of a New Hospital at Stanley Gaol in brickwork, with a separate sewage system and covered way.

As security for the proper performance of the works under this contract the successful tenderers will be required to deposit in cash a sum of $5,000 with the Colonial Treasury.

No work will be permitted on Sunday.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th December, 1935.

R. M. HENDErson,

Director of Public Works.

2024-

PUBLIC WORKS DEPARTMENT.

   No. S. 405.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Stanley Water Supply-Covered Service Reservoirs at Stanley", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of December, 1935, for the construction of two Covered Service Reservoirs, one near the New Gaol, and one near Stanley Mound, and Contingent Works.

   As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $1,500 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th December, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

   No. S. 406.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Road to Military Hospital", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 31st day of December, 1935. The work comprises the construction of a road 18' wide, from Kennedy Road to the Military Hospital, Bowen Road, together with all necessary contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

   The successful tenderer will be required to deposit the sum of $2,000 as security for the due and proper performance of the work.

13th December, 1935.

R. M. HENDERSON,

Director of Public Works.

2025

IN THE SUPREME COURT OF

HONG KONG.

ORIGINAL JURISDICTION

Action No. 328 of 1935.

Between Lo Cho Kai trading as the

Yau Tack Hong Firm

and

Wong Man Chau, Wong Man Chun, Man Kau,

Wong

Wong Yuen Pang and Wong Man Ho formerly trading as the Wing Ning Tong partners in the Wing Fook On Firm.

Plaintiff

Defendants.

TAKE

AKE NOTICE that a Writ of Foreign Attachment has been issued as follows in this action:

GEORGE THE FIFTH, by the Grace of God, of Great Britain and Ireland and of the British Dominions beyond the Seas, KING, Defender of the Faith, Emperor of India.

To the Bailiff of Our said Court, Greeting:

    We command you forthwith to attach all the property, movable and immovable, of the above- named First Defendant, Wong Man Chau, which shall be found within the Colony, and to return this Writ into Our said Court on the 27th day of December, 1935.

WITNESS His Honour, Sir. Alasdair Duncan Atholl MacGregor, Kt. Chief Justice of Our said Court, this 11th day of December, 1935.

L. R. ANDREWES,

Registrar.

The endorsement in the Writ of Summons in the said Action is as follows:-

The Plaintiff's claim is against the Defen- dants for the sum of $2,174.99 being amount due by the Defendants to the Plaintiff for goods sold and delivered, particulars of which are set out hereunder :-

PARTICULARS.

25. 8.35. To goods sold and delivered. $ 143.21 28. 8.35.

do.

do.

30. 8.35.

do.

do.

3. 9.35.

do.

8. 9.35.

do.

do.

27. 9.35.

do.

11.10.35.

do.

313.79

80.20 142.86 337.54 114.23

34.58 83.37 706.68 218.53

I'

NOTICE OF TRANSFER

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, 1932 (Ordinance No. 25 of 1923), Notice is hereby given that the Chap Chan Yuen Firm (

who carry on business as soy, sauce

and preserved fruit manufacturers under the

name or style of Chap Chan Yuen (1

園)

at No. 476 Castle Peak Road, Sham- shuipo, Kowloon, in the Colony of Hong Kong, (hereinafter called " the Transferors") intend to transfer the furniture and utensils of the said business on the 14th day of January 1936,

to Tung Tak Tong() of No. 545, Shanghai Street, Mongkok, Kowloon aforesaid (hereinafter called "the Transferees"). The Transferees intend to carry on business at the said address:- No. 476 Castle Peak Road, Shumshuipo.

It is not intended that the Transferees shall assume any of the liabilities incurred by the Transferors in their said business.

Dated the 13th day of December, 1935.

IN

Name of the Transferors :-

Address:-

CHAP CHAN YUEN,

No. 476 Castle Peak Road, Kowloon.

Name of Transferees :-

Address:

TUNG TAK TONG,

No. 545 Shanghai Street, Mongkok,

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance No. 25 of 1923, Notice is hereby given that Li Chak

Man (李澤民) hitherto carrying on

business as printer under the style or firm name of "Tai Nam & Co." ( ★✩ ✩ $2,174.99 ) of No. 195 Hennessy Road, (ground floor), Victoria, in the Colony of Hong Kong, (hereinafter referred to as the Transferer) has

Dated the 11th day of December, 1935.

LEO. D'ALMADA & CO.,

Solicitors for the Plaintiff.

The Hong Kong Government Gazette

Local Subscription.

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IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Intended Dividend.

No. 37 of 1933.

Re The Cheong Loong Bank of No. 151 Queen's Road Central, Victoria, in the Colony of Hong Kong, Bankers.

FIRST dividend is intended to be de-

Aclared in this matter.

Creditors who have not proved their debts by the 6th day of February, 1936, will be excluded.

No. 38 of 1933.

Re The Shun Loong Bank of No. 139 Queen's Road Central, Victoria, in the Colony of Hong Kong, Bankers.

FIRST dividend is intended to be de-

Aclared in this matter.

Creditors who have not proved their debts by the 6th day of February, 1936, will be excluded,

Dated the 6th day of December, 1935.

IN

KONG HEUNG PO, Trustee.

NOTICE.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923.

NOTICE is hereby given that Lai Hoi San alias Lai Yik (or Yuk) Po and Lo Lai San both of No. 232, Queen's Road East, 2nd floor, Victoria, in the Colony of Hong Kong, carry- ing on business under the style or firm name of Paris Company otherwise known as Paris Confectionery Co. at No. 507, Queen's Road West, ground floor, Victoria, aforesaid, Confec- tioners (hereinafter called "the Trar sferors") have agreed to transfer to The Favour Co. of No. 28, Connaught Road Central, 1st floor, Victoria, aforesaid, Confectioners (hereinafter called "the Transferees") all that the business of the said Paris Co. otherwise known as Paris Confectionery Co., including the goodwill, fixtures, furniture, stock-in-trade and effects. on the 14th day of December, 1935.

The Transferees intends to carry on the said

business at No. 507, Queen's Road West, ground floor, Victoria, aforesaid, under the

style or firm name of The Favour Co., and will not assume the liabilities incurred in the busi- ness of the Transferors.

Dated the 13th day of December, 1935.

LEO. D'ALMADA & CO.

Solicitors for the parties.

agreed to transfer to Li Loi Hing 李來 E of No. 12, Fleming Road, (3rd floor), Victoria aforesaid Gentleman (hereinafter referred to as "the Transferee") the goodwill and business together with all and singular the printing machines and assessories thereof and furniture and fixtures of the said Tai Nam & Co. of No. 195 Hennessy Road, (ground floor), Victoria aforesaid now being carried on by the THE NEW

Trans erer.

The transaction will be completed at the VEHICLES AND

Offices of Messrs F. Zimmern & Co., Solicitors, Chung Tin Building, No. 5, Des Voeux Road Central, Victoria aforesaid on Tuesday the 14th day of January, 1936.

After the Transfer, the Transferee intends

TRAFFIC

to carry on the said business at No. 195 Hen- REGULATION

nessy Road, (ground floor), aforesaid and shall not assume any of the liabilities contracted by the Transferer in connection with the said business.

Dated the 13th day of December, 1935.

LI CHAK MAN, Transferer.

LI LOI HING, Transferee.

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

(FILE No. 502 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

N

a Trade Mark.

OTICE is hereby given that Tak On

Wo Company (德安和公司)

of No. 24 Bonham Strand East, Victoria, Hong Kong, have, by an application dated the 9th day of December, 1935, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

K.K.K.

2026

(FILE No. 462 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Luen Fung

& Co., of 49, Nathan Road, Kowloon, Hong Kong, and of 13, Sun Hing Street, Canton, China, on the 8th day of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Superfine Quality Eatra Selected

FLASHLIGHT CRACKERS

TURKEY

20 REPORTS

(FILE No. 500 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Yuen Kwong Wo Firm,(源廣和號) of No.

112 Jervois Street, Victoria, Hong Kong, have, by two applications both dated the 2nd day of December, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

in the name of the said Tak On Wo Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the applicants forthwith in respect of Shirts, Singlets, Pyjamas, Underwear and Hosiery in Class 38.

The registration of the said trade mark shall give no right to the exclusive use of the letters K. K. K." appearing thereon either in com. bination or separately.

Dated the 13th day of December, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, Bank of East Asia Building, Des Voeux Road Central, Hong Kong.

MADE IN CHINA

ฮ..

LUEN FUNG Cantan,

in the name of Luen Fung & Co., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect of Fire-works and Fire-crackers in Class 20.

The registration of this mark shall give no right to the exclusive use of the firm name in English and Chinese and of the numerals "20′′ and "1,5/8" appearing thereon either in com- bination or separately.

Dated the 13th day of December, 1935.

LUEN FUNG & CO.,

Applicants.

(FILE No. 475 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Singer Manufacturing Company, a Corporation organised under the laws of the State of New Jersey, United States of America, of 107 Trumbull Street, Elizabeth, County of Union, State of New Jersey, United States of America, and of 149 Broadway, New York, County and State of New York, United States of America, trading as Sewing Machine Manufacturers and Dealers, on the 30th day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

THE

in the name of the said Singer Manufacturing Company, who claim to be the proprietors thereof.

in the name of the said Yuen Kwong Wo Firm, who claim to be the proprietors thereof.

The Trade Marks have been used by the Applicants in respect of Chinese Paper in Class 39.

The Trade Marks are associated with each other.

Dated the 13th day of December, 1935.

GEO. K. HALL BRUTTON & CO., Solicitors for the Applicants, Bank of East Asia Building, Des Voeux Road Central, Hong Kong.

(FILE No. 66 of 1926)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N Glass Company Corp Hazel Atlas is hereby given that

a Corporation of the

State of West Virginia in the United States of State of West Virginia, City of Wheeling, America, Manufacturers, have on the 12th day

of October, 1925, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

A

in the name of Hazel Atlas Glass Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plica: ts since the year 1920 in respect of Glass Ware, tumblers, dishes and glasses in Class 15.

The letters "H.A." have been declared to be distinctive by Order of His Excellency the Officer Administering the Government pur- suant to Section 9 (5) of the Trade Marks

      The Trade Mark has been used by the Applicants in respect of Sewing Ordinance, 1909. Machines in Class 6 and parts of sewing machines included in Class 6.

rated the 13th day of December, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building,

Hong Kong

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of December, 1935.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hang Kon

i

(FILE No. 498 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The British

Portland Cement Manufacturers Limited of Portland House, Tothill Street, Westminster, London, S. W., England, Cement Manufac- turers, have by an application dated the 26th day of October, 1935, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

COLORCRETE

in the name of The British Portland Cemen Manufacturers Limited, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants in respect of Cements included in Class 17 since the 4th day of October, 1929.

Facsimiles of such Trade Mark can be seen

at the office of the Registrar of Trade Marks, !

Hong Kong, and of the undersigned.

Dated the 13th day of December, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

Bank of East Asia Building,

10, Des Vœux Road Central, Hong Kong.

(FILE NO. 404 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Shing

Hing Company,

of No. 80, Prince Edward Road, Kowloon, in the Colony of Hong Kong, have, by an applica- tion dated the 23rd day of September, 1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(FILE No. 392 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that Hang Fong Cheung Kee Firm, (恒芳祥記)

of No. 6, Siu Cheung Fong, 2nd floor, Victoria, in the Colony of Hong Kong, Tea Merchants, have on the 11th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

HANG FONG CHEUNG KEECHINESE TEA

芳禁恒

標商虎金

in the name of Hang Fong Cheung Kee Firm

who claim to be the proprietors thereof.

The above mark has been used by the Ap- plicants in respect of tea in Class 42 since 1920.

A facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Registration of this Trade Mark shall give no right to the exclusive use of the firm name appearing thereon.

Dated the 11th day of October, 1935.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

SAFETY MATCHES

等火柴

SHING HING CO.

鹿商標

in the name of the said Shing Hing Company, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants in respect of Matches in Class 47.

Registration of the said Trade Mark shall give no right to the exclusive use of the words

Shing Hing Co." appearing thereon.

46

Dated the 11th day of October, 1935.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants.

St. George's Building,

Hong Kong.

Trade and Shipping

Returns for the month of

October, 1935.

COMPILED by the Statistical

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each. commodity.

PRICE $2 per copy :

NORONHA & CO.

18, Ice House Street.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

2030

LEGISLATIVE COUNCIL.

+

Draft Bills.

No. S. 407.-The following Bills are published for general information:--

Short title.

Amendment of Ordin- ance No. 21 of 1932,

s. 8 as amended by Ordinance No. 29 of 1935, s. 2.

Amendment of Ordin-

ance No. 21

of 1932, s.17

as amended by Ordin-

ance No. 12

of 1934,

s. 5.

[No. 42-18.12.35.-3.]

A BILL

INTITULED

An Ordinance to amend further the Pensions Ordinance, 1932.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Pensions Amend- ment Ordinance, 1936.

2. Section 8 of the Pensions Ordinance, 1932, (as amended by section 2 of the Pensions Amendment Ordinance, 1935), is further amended by the substitution of the words "Except as provided in section 17, no" for the word "No" at the commencement thereof.

3. Section 17 of the Pensions Ordinance, 1932, (as amended by section 5 of the Pensions Amendment Ordinance, 1934), is further amended by the insertion of the words ", on production within six months after her resignation or retire- ment, or such longer period as the Governor may in any particular case allow, of satisfactory evidence of her marriage," after the word "granted" in the sixth line thereof.

Objects and Reasons.

The object of this Ordinance, which was suggested by the Secretary of State in his despatches of the 13th September and the 26th October, 1935, is to remove an apparent conflict between sections 8 and 17 of the principal Ordinance and to ensure that the payment of gratuities made to female officers retiring on account of marriage shall be subject to the production of evidence that the marriage has in fact taken place.

December, 1935.

C. G. ALABASTER,

Attorney General.

2031

A BILL

INTITULED

[No. 46-18.12.35.-4.]

An Ordinance to amend and consolidate the law relating to Quarantine and the Prevention of Disease among human beings.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Quarantine and Short title. Prevention of Disease Ordinance, 1936.

Part I.

GENERAL.

Interpretation.

2.-(1) In this Ordinance :-

"Aerodrome" means a place set apart for the arrival and departure of aircraft and includes a place for the landing of hydroplanes (and similar craft) on water. Whatever relates in this Ordinance to aerodromes is to be understood to apply mutatis mutandis to places for the landing of hydroplanes (and similar craft) on water.

Aerodrome

"Aircraft" includes any machine which can derive sup- Aircraft. port in the atmosphere from the reactions of the air and is intended for aerial navigation.

Authorised aerodrome

        means any aerodrome declared Authorised by the Governor in Council by notification in the Gazette to aerodrome. be an authorised aerodrome, on which aircraft may make their first landing on entering the Colony and which they may make their place of departure on leaving the Colony.

Building "includes any house, hut, shed or roofed Building. enclosure, whether needed for the purpose of human habitation or otherwise, and also any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge.

Circum- scribed

case,

Contact.

Council.

Crew.

Day.

Delouse.

Deratise.

Disinfect.

Disinsectise.

Health Officer.

Immigrant.

Infected.

Infected

area.

Infected place.

Infected port.

Infectious disease.

Observation.

وو

2032

"Circumscribed case means either a case of infectious disease originating in a quarantine station or an imported case which has been immediately isolated in a quarantine station or a case occurring in a new arrival during the period of his observation or surveillance.

66

Contact" means any person who has been or is likely to have been exposed to the risk of contracting an infectious disease.

CC

Council" means the Urban Council, unless some other Council is indicated.

"Crew" includes any person who is on board any vessel or aircraft not for the mere purpose of being carried from one place to another, but who is employed in some way in the service of the vessel or aircraft or of persons on board or of the cargo.

Day means an interval of twenty-four hours.

"Delouse

وو

"Deratise"

"Disinfect "

disease.

means to render free from lice.

means to render free from rats.

means to destroy or remove the germs of

"Disinsectise "

means to render free from insects.

"Health Officer" includes the Director of Medical and Sanitary Services, any medical officer appointed by the Governor as a Health Officer or Port Health Officer, and any officer for the time being performing the duties of a Health Officer or Port Health Officer.

Immigrant

includes:

(a) any person arriving in the waters of the Colony as a deck, steerage or third class passenger on board a steamship or motor ship or as a passenger on board any other vessel with the intention of landing in the Colony;

(b) a third class passenger who enters the Colony by train.

"Infected "

disease.

means infected with the germs of infectious

"Infected area" means any area which has been declared by the Governor in Council by notification in the Gazette to be an infected area from the date of such declaration until the date of withdrawal of such declaration in the Gazette.

"Infected place" or "Infected port" means any place or port which has been declared by the Governor in Council to be an infected place or port from the date of such declaration until the date of withdrawal of such declaration.

"Infectious disease" means any of the following diseases, namely, plague, cholera, smallpox, yellow fever, typhus, cerebro-spinal meningitis, measles, chickenpox, diphtheria and enteric, and any other disease which the Governor in Council shall by notification in the Gazette declare to be included within the said expression.

Observation

وو

means the compulsory detention in isolation for the purpose of and under the provisions of this Ordinance and the regulations made thereunder of any vessel,

2033

person, animal or thing, so that it or they shall have no communication with any other vessel, person, animal or thing or with any other place except in accordance with the said Ordinance and regulations.

"Port

وو

includes sea-port, river-port and air-port.

any other

Port.

"Port Health Officer " includes the Health Officer of the Port Health

Officer. Port, the Second Health Officer of the Port and Health Officer or Medical Officer for the time being perform- ing the duties of a Port Health Officer.

"Premises" includes any land, building, structure of Premises. any kind, footway, yard, alley, court, garden, stream, nullah, pond, pool, field, marsh, drain, ditch or place open, cover- ed or enclosed, or cesspool or foreshore, and also any vessel lying within the waters of the Colony.

66

وو

Quarantine anchorage means that area of the Harbour Quarantine which has been appointed for the time being for the detention anchorage, in isolation of vessels undergoing observation and which has been declared a quarantine anchorage by Ordinance or by the Governor in Council.

"Quarantine station " means any place where obser- Quarantine vation is carried out and includes an infectious diseases station. hospital and any place declared by the Governor in Council to be a quarantine station or a sanitary station.

CC

,,

aerodrone,

Sanitary aerodrome means an authorised aerodrome Sanitary declared by the Governor in Council to be a sanitary aero- drome after being satisfied that it will at all times have at its disposal:-

(i) an organised medical service with one medical officer at least and one or more sanitary inspectors, it being understood that this staff will not necessarily be in permanent attendance at the aerodrome;

(ii) a place for medical inspection;

(iii) equipment for taking and despatching suspected material for examination in a laboratory;

(iv) facilities in the case of necessity for isolation, transport and care of the sick, for the isolation of contacts separately from the sick and for carrying out other prophy- lactic measures in suitable premises either within the aero- drome or in proximity to it;

(v) apparatus necessary for carrying out disinfection, disinsectisation and deratisation if required, as well as any other measures laid down in the International Sanitary Con- vention for Aerial Navigation, signed at the Hague on the 12th day of April, 1933;

(vi) a sufficient supply of wholesome drinking water; (vii) a proper and safe system for the disposal of excreta and refuse, and for the removal of waste water; and

(viii) protection, as far as possible, from rats.

"Surveillance " means that persons subject thereto are Surveillance. not isolated, and that they may move about freely on condition that they sign a bond pledging themselves to submit to medical examination daily or as often as may be required by the Health Authorities of the several places whither they

Vessel.

Vessels or aircraft when regard- ed as infected.

Vessels or aircraft when

regarded as suspected.

Duration of period of incubation,

Conditions

of release from observ-

ation of

persons

liable to be subjected to surveillance.

2034

are bound, such authorities being notified by the Health Officer of the advent of the persons in question and of the conditions under which they have been given their freedom.

"Vessel" includes any ship, boat or other description of vessel used in navigation.

(2) A vessel or aircraft shall be regarded as "infected"-

(a) in respect of plague :-

(i) if it has a case of plague on board;

(ii) if a case of plague broke out on board more than six days after embarkation of the person affected; or

(iii) if plague-infected rats are found on board.

(b) in respect of cholera :-

(i) if there is a case of cholera on board; or

(ii) if there has been a case on board during the five days previous to the arrival of the vessel.

(c) in respect of yellow fever :-

(i) if there is a case of yellow fever on board; or

(ii) if there was a case on board at the time of departure or during the voyage.

(3) A vessel or aircraft

be regarded shall

as

(6

suspected

(a) in respect of plague :-

(i) if a case of plague broke out on board in the first six days after embarkation of the person affected; or

(ii) if there has been an unusual mortality on board among rats the cause of which has not been determined.

(b) in respect of cholera :-

if there has been a case of cholera on board at the time of departure or during the voyage, but no fresh case during the five days previous to arrival.

(c) in respect of yellow fever :-

(i) if having had no case of yellow fever on board it arrives after a voyage of less than six days from an infected port or from a port in close relation with any endemic centre of yellow fever; or

(ii) if having had no case of yellow fever on board it arrives after a voyage of more than six days and there is reason to believe that it may carry winged stegomyia (Aedes Egypti) from any such port.

3. The period of incubation for the purposes of this Ordinance shall be five days in the case of cholera, six days in the case of plague or yellow fever, twelve days in the case of typhus and fourteen days in the case of smallpox.

4.—(1) Any person liable to be subjected to surveillance shall, as a condition of being exempted from observation, give a written undertaking to a Health Officer to attend and submit to daily examination at such place and at such time as such Health Officer shall appoint.

2035

(2) The undertaking shall be in the form in the Schedule, Schedule. or in its equivalent in Chinese characters.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordin-

ance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

5. (1) A Health Officer may require that any contact liable to be detained under observation shall, as a condition of being released therefrom for the period for which he is so liable, give a written undertaking :-

(a) to attend and submit daily to examination at such place and at such time as such Health Officer may appoint; and

(b) to submit to surveillance at a private residence under such conditions as such Health Officer may impose.

Conditions

of release from observ-

ation of

contacts.

(2) The undertaking shall be in the form in the Schedule, Schedule. or in its equivalent in Chinese characters.

(3) Every failure to comply with the terms of any such undertaking shall be deemed an offence against this Ordin-

ance.

(4) A Health Officer at his discretion may require the person giving the undertaking to furnish security in a sum not exceeding two hundred dollars for the due execution of the undertaking.

""

surveil- Substitution

ation for

6. In all cases where this Ordinance refers to lance a Health Officer may substitute observation when the of observ persons in question do not offer sufficient security that they surveillance. will faithfully observe all the conditions of the undertaking which those who are granted surveillance are required to give. Such observation may be carried out on board ship or in a quarantine station according to the exigencies of the

case.

7.-(1) Any person who is authorised to be detained Escape or under this Ordinance or any regulation made thereunder evasion, in case of escape be arrested by

may

(a) any officer or servant of the hospital, reception place, isolated house or quarantine station from which the escape was made;

(b) any officer appointed under this Ordinance; or (c) any police officer;

and may be again conveyed to and detained in the place. from which the escape was made or any other place authorised by a Health Officer.

(2) Any person who being subject to surveillance under this Ordinance or any regulation made thereunder fails to present himself for examination or to observe any term of his undertaking may be similarly arrested and detained to the satisfaction of a Health Officer.

(3) Any person who having been authorised to be detain- ed escapes or attempts to escape shall be guilty of an offence against this Ordinance.

Power of Governor

in Council to make regulations.

2036

POWER TO MAKE REGULATIONS.

8.-(1) The Governor in Council may make regulations for the purpose of preventing the introduction into, the spread. in and the transmission from, the Colony of any disease.

(2) Without prejudice to the generality of the provisions of sub-section (1) such regulations may provide :----

(a) for the appointment of Health Officers, Inspectors and other officers to carry out the provisions of this Ordinance or of any regulations or by-laws made thereunder, and for regulating their duties and conduct and for investing them with all powers necessary for the due execution of their duties;

(b) for prescribing the reporting to Government by medical practitioners or others of cases of disease;

(c) for prescribing and regulating the form and mode of service of delivery of notices and other documents;

ance;

(d) for prescribing the fees to be paid under this Ordin-

(e) for placing under observation vessels and aircraft arriving or being at any port or place within the Colony or the waters of the Colony, and for their management while under observation, and for granting certificates of the con- dition of vessels and aircraft or of the Colony or any part thereof in respect of disease;

(f) for the deratisation of vessels or aircraft;

(g) for the disinfection and disinsectisation of vessels, aircraft, persons, animals and things;

(h) for prohibiting either absolutely or conditionally, or for regulating, the importation, exportation or removal in the Colony of dead bodies;

(i) for prohibiting or regulating :-

(i) the admission of persons into or their movements within the Colony or their departure therefrom either absolutely or conditionally.

(ii) the importation of merchandise, food and drink;

(j) for establishing and maintaining quarantine stations. for persons and for regulating the management of the same;

(k) for the detention and seclusion in a quarantine station or on board of persons, whether actually suffering from disease or not, arriving on vessels or aircraft subject to observation, and for the payment to Government of any costs and expenses charged or incurred for the medical attendance and mainten- ance of any such persons;

(1) for prescribing the measures to be taken for the prevention of the conveyance of infection by means of any vessel or otherwise from any area or port of the Colony, including:-

(i) the measures that shall be applied to vessels or aircraft before departure;

(ii) the measures that shall be taken to prevent the departure of persons infected with or suspected of being infected with plague, cholera, yellow fever, typhus or small- pox, and of persons in such relation with the sick as to be rendered liable to transmit the infection of these diseases;

J

2037

(iii) the measures that shall be applied with respect to merchandise, articles or clothing infected or suspected of being infected;

(iv) the prohibition either absolutely or conditionally of the export of merchandise, or of articles of clothing infected or suspected of being infected;

(v) precautions with regard to drinking water and food- stuffs taken on board vessels, aircraft or trains and the water taken in as ballast by vessels;

(vi) measures for the prevention of access of mosquitoes. to vessels or aircraft in the case of the prevalence of yellow fever;

(vii) measures for delousing typhus suspects before em- barkation; and

(viii) measures for the disinfection of clothes and rags before packing where smallpox is prevalent;

(m) for appointing, establishing and maintaining places for the sanitary control of aerial navigation and for prescribing the sanitary measures to be taken in respect thereof;

(n) for prescribing the liability of any person to defray the expenses connected with the enforcement of this Ordin- ance or any regulation made under this Ordinance, and for regulating questions of compensation in connection there- with; and

(o) for prescribing the fine with which the contravention of any regulation made under this Ordinance shall be punish- able, but so that no such fine shall exceed five hundred dollars.

(3) Without prejudice to the generality of the provisions of sub-section (1) and for the prevention of any epidemic, endemic, contagious or communicable disease, such regula- tions may also provide-

(a) for the compulsory reporting of infectious disease;

(b) for entering and searching houses, buildings, rooms and other places in which the presence of diseased persons or persons dead of disease or contacts may be suspected and for the examination of the occupants;

(c) for prohibiting or regulating the movements of dis- eased persons or of persons suspected of being diseased or of contacts;

(d) for the removal of diseased persons or persons suspected of being diseased to hospital or other places for medical treatment, and for their detention until they can be discharged with safety to the public, and for the temporary occupation of places required for the treatment of diseased persons or for the segregation of diseased persons or

contacts;

(e) for prohibiting or regulating the removal of bedding, clothing, furniture or other articles which have been in the presence of a diseased person and which are reasonably suspected of being infected, and for the disinfection or destruction of the same;

(f) for ordering the vaccination of, and for ordering or executing the cleansing and disinfection of, houses, buildings, rooms and other places which have been occupied by any

Offences generally.

Penalty.

Increased

second or

subsequent

offence.

2038

diseased person, or which are suspected of being infected with disease, or which are overcrowded or otherwise in an insanitary condition;

(g) for house to house visitation, cleansing and disinfec- tion;

(h) for the better prevention of the danger of the spread- ing of infection by rats by destroying them or minimising their numbers, and for the prevention of the passing of rats from the shore to vessels and aircraft and vice versa.

(i) for the disinfection and purification of infected vehicles;

(j) for the examination of the bodies of dead persons and the certification of the cause of death in cases where the cause has not been certified by a qualified medical practitioner or where there is reason to suspect that the diagnosis made is not correct;

(k) for the speedy and safe disposal of the dead; and

(1) for such other matters as may appear to the Governor in Council advisable for the prevention or mitigation of disease.

(4) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and, if a resolution be passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without pre- judice to anything done thereunder, be deemed to be rescinded òr amended as the case may be, as from the date. of publication in the Gazette of the passing of such resolution.

OFFENCES AND PENALTIES.

9. If any person without lawful authority or excuse does or omits to do anything which, under the provisions of this Ordinance or any regulation made thereunder, he ought not to do or omit, or if he obstructs or impedes, or assists in obstructing or impeding, any Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty or disobeys any lawful order of any such officer as aforesaid, he shall be guilty of an offence against this Ordinance.

10. If any person is guilty of an offence against this Ordinance or any regulation made thereunder for which not other penalty is provided, he shall be liable on summary conviction to a fine not exceeding two hundred dollars, and, if such offence be of a continuing nature, to a further fine not exceeding twenty dollars for every day during which such offence shall continue.

11. A person convicted of any offence against this penalty for Ordinance or any regulation made thereunder who is within a period of twelve months from the date of such conviction convicted of a second or subsequent like offence against this Ordinance or any regulation made thereunder shall be liable to imprisonment for any term not exceeding two months either in addition to or in lieu of the fine authorised by section 10.

;

2039

12.--(1) When a person is seen or found committing or Arrest. is reasonably suspected of being engaged in committing an offence against this Ordinance or any regulation made there- under, any Health Officer or police officer may, without warrant, stop and detain him, and if his name and address are not known may arrest him.

(2) If any person obstructs or impedes a Health Officer or other officer appointed under this Ordinance or any police officer in the execution of his duty under this Ordinance or any regulation made thereunder, or assists in any such obstruction or impeding, he may be arrested by such Health Officer or other officer or police officer without warrant.

(3) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted.

13. If any person lands or attempts to land or otherwise Forfeitures. brings into the Colony any animal or thing in contravention of this Ordinance or of any regulation made thereunder, such animal or thing shall be liable to be forfeited: Provided that this section shall not apply to landing or bringing into a quarantine station any animal or thing under the instructions of a Health Officer.

of know-

ledge.

14. When any occupant of a house in which a case of Presumption disease occurs, or any person in charge of a diseased person, is charged with an offence against this Ordinance or any regulation made thereunder, relative to such disease, he shall be presumed to have known of the existence of such disease in such person unless and until he shows to the magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge.

15. The execution of the measures prescribed by this Measures Ordinance and the regulations made thereunder shall be prescribed carried out under the general direction of the Director of Medical and Sanitary Services.

to be under general direction of Director of

Medical and

Part II.

Sanitary Services.

THE PREVENTION OF THE INTRODUCTION OF DISEASE.

noxious

16. No person shall knowingly import into the Colony Import of any living noxious insect, or any living pest, or any living insects and germ or microbe of disease, or any bacterial culture, without pests. the written consent of the Director of Medical and Sanitary Services.

diseased

persons.

17. Every master of any vessel or aircraft who brings Import of into the Colony any person suffering from leprosy or any infectious or contagious disease, or who removes any such person from one part of the Colony to the other, except on the order of a Health Officer, shall be deemed guilty of an offence against this Ordinance unless such master can show to the satisfaction of the magistrate that he had no reasonable means of knowing that such person was so suffering.

of infected

18. Whenever information is received that plague, Declaration cholera, yellow fever, typhus or smallpox has broken out, or exists, or is reasonably suspected to exist, at any place or

port.

Medical

2040

port without the Colony it shall be lawful for the Governor in Council to declare that such place or port is an infected place or infected port.

All declarations made under this section shall be notified in the Gazette.

19.-(1) All persons coming from an infected place or inspection or port otherwise than by sea or air may be medically inspected

or examined by a Health Officer.

examination

of arrivals

from infect-

ed places

or ports otherwise

(2) The inspection or examination shall be conducted at such place as the Director of Medical and Sanitary Services than by sea. shall approve.

Any vessel or aircraft may be

visited by

Health Officer.

Duties of

master.

Master to furnish information to Health Officer or Boarding Officer.

Vessels

refusing to submit to

measures

proscribed.

Aircraft

to submit

to measures

prescribed.

(3) In the case of persons arriving by rail the railway authorities shall allow sufficient time and make due arrange- ments for the examination to take place.

20. (1) Any vessel or aircraft arriving in the Colony may be visited by a Health Officer, who may exercise all or any of the powers vested in him by section 31, and shall deal with the vessel or aircraft in the manner prescribed by or under this Ordinance.

(2) Every master of such vessel or aircraft shall allow and assist on board without delay a Health Officer as soon as he comes alongside.

(3) The master or any other person having the control of any vessel or aircraft shall give to a Health Officer, officer in charge of aerodrome or Boarding Officer such information about the vessel or aircraft and the voyage and the health of the crew and passengers and otherwise as the officer may require and shall answer truly and fully all the questions put to him by any such officer.

(4) Any vessel refusing to submit to the measures pre- scribed by or under this Ordinance shall be at liberty to put to sea. She may however be permitted by a Health Officer to land goods if she is isolated and if the goods are subjected to the measures laid down in sections 47 (iv), 53 (iv), 58 (iv) and 60 (iv). She may also be authorised by him to disembark passengers at their request on condition that they submit to the measures prescribed by or under this Ordinance. The vessel may also take on fuel, foodstuffs and water.

(5) Subject to the provisions of section 61, any aircraft not wishing which does not wish to submit to the measures prescribed by or under this Ordinance is at liberty to continue its voyage. It may not however land in any other aerodrome in the Colony except for the purpose of taking in supplies. It may be per- mitted by a Health Officer to land goods on condition that it is isolated and that the goods are subjected, if necessary, to the measures prescribed by or under this Ordinance. It may also take in fuel, replacements, food and water while remaining in isolation.

Time limits for

admission to harbour of vessels

infected,

suspected

or arriving from an infected port.

21. No infected or suspected vessel, and no vessel which has come from an infected port and which has not been granted free pratique in Hong Kong, shall enter the harbour limits before 6 a.m. or after 6 p.m. without the permission of a Health Officer.

1

f

2041

which are

22.-(1) Every vessel referred to in section 21 on Vessels entering the waters of the Colony shall show the appro- to show priate quarantine signal as prescribed by section 35, and shall quarantine not communicate with the shore until granted pratique by signal, the express written order of a Health Officer: Provided nevertheless that any such vessel, which is on a voyage to any other place and which has held no unauthorised communica- tion with the shore, may with the written consent of a Health Officer proceed on such voyage or tranship the passengers for the purpose of completing such voyage.

(2) The aforesaid quarantine signal shall not be lowered. until a Health Officer has given free pratique.

which are

anchorage.

23. Every vessel referred to in section 21 shall, unless Vessels previously granted pratique, proceed at once to the quarantine required to anchorage and shall not remove therefrom, except from stress proceed to of weather, until released by order of a Health Officer. No quarantine vessel which is compelled to leave the quarantine anchorage from stress of weather shall communicate except by signals with the shore or with any other vessel, and such vessel shall return to the quarantine anchorage immediately such stress of weather has subsided: Provided that in case of stress of weather involving probable actual danger to the vessel the vessel may remove for a time, but shall be deemed never- theless for all purposes to be subject to all other regulations applicable to such vessels.

24. The master of every vessel shall remove his vessel to any part of the quarantine anchorage as and when required by the Harbour Master.

Position at anchorage

quarantine

determined by Harbour Master.

No com-

allowed with

25. Subject to the provisions of section 26, no person other than a Health Officer, or persons in his boat, shall munication approach within thirty yards of any vessel referred to in certain section 21, or hold any communication except by signals vessels, with such vessel or with any person on board thereof, or receive or take any person or thing whatsoever, directly or indirectly, from the vessel or from any person on board thereof without having first received the express written permission of such Health Officer, and without observing such precautions as he may require.

Pilot may

26. The pilot may board a vessel showing the quarantine signal for the purpose of taking it to the quarantine anchorage. board vessel In no case shall any member of his crew or other person board the vessel unless authorised by a Health Officer.

showing

signal.

quarantine

of landing passengers

from certain vessels

before

27. No master of any vessel referred to in section 21 Prohibition bringing passengers into the Colony shall land or permit to land or to be landed from his vessel any such passengers until they have been inspected and passed by a Health Officer, and the master shall afford all reasonable facilities for inspection. enabling such inspection to be duly carried out. No master shall land or permit to land or be lauded from his vessel at any place within the Colony any infected person except with the permission of a Health Officer, and any master from whose vessel any infected person is landed without permission shall, on demand from a Health Officer, forthwith remove such person from the Colony.

Duty of

guard of

train to

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28. (1) The guard of any train on which a case of plague, cholera, yellow fever, typhus or smallpox is present report cases shall on arrival at the first station report the facts, to the of infection. station master, who shall telephone or telegraph them to a

Health Officer.

Duty of

master with

(2) The station master shall detain the carriage in which station the sick person is and all other occupants thereof for examina- regard to tion by a Health Officer, and shall detach the carriage from infected case the rest of the train and keep it at the station until the and carriage.

examination has been made, or send the carriage to another station at which the examination can be more expeditiously carried out and from which the sick person and other persons may be more easily conveyed to

conveyed to a hospital or place of isolation.

Restriction

or departure of certain aircraft.

(3) Any person suffering or suspected to be suffering from any such disease shall be removed to a hospital or place of observation and remain there until discharged by the officer in charge thereof.

29. No infected or suspected aircraft, and no aircraft on landing which has come from an infected port and which has not been granted free pratique in Hong Kong shall land at any place in the Colony other than a sanitary aerodrome, and no such aircraft shall leave such sanitary aerodrome until released by order of a Health Officer.

Sanitary

30. No person other than a Health Officer or persons aerodrome, authorised, either generally or specially, by him shall enter

or depart from a sanitary aerodrome.

restriction

of admis-

sion to and

departure from,

Health

Officer to inspect certain

vessels.

Declaration by Master and Surgeon.

Penalty

for untrue declaration.

Penalty for failure to make

31. On the arrival of any vessel referred to in section 21 at the quarantine anchorage, a Health Officer shall go on board and put to the master and surgeon, if any, or to any other person on board such questions as he deems neces- sary in order to ascertain the state of health of persons on board, the sanitary condition of the ship and cargo and the sanitary conditions of the port of departure or of intermediate ports touched at, and may require the presence for inspection and examination of all persons on board, and may inspect every part of the ship and demand to see the journal or log book and all ship's papers.

32.-(1) The master and surgeon of every such vessel as aforesaid shall make and sign before a Health Officer a true declaration as to the number of crew and passengers, the presence or prevalence of infectious disease on board or during the voyage, the number of deaths and such other particulars as may be required by such Health Officer.

(2) Any such declaration purporting to be signed by the master and surgeon shall be deemed to have been so signed, and any information therein contained, which shall subsequently be found to be untrue, shall render such master or surgeon liable on summary conviction to a fine not exceeding one thousand dollars each and to imprisonment for any term not exceeding six months.

(3) Any master or surgeon who fails to make and sign a declaration as herein required, shall be liable on summary declaration, conviction to a fine not exceeding five hundred dollars.

2043

dealt with

33. A Health Officer, after making such an enquiry, Vessel to be inspection or examination, shall deal with such vessel as according to aforesaid and the persons and things on board in the manner provisions provided by this Ordinance or by the regulations made of this thereunder.

Ordinance.

34. Any master of a vessel or other person on board Penalties for who:

(a) prevents or attempts to prevent a Health Officer from going on board such vessel;

(b) conceals from a Health Officer the true state of the health of the crew or passengers or other persons on board such vessel;

(e) refuses to answer or gives an untrue answer to any enquiry made by a Health Officer under this Ordinance;

(d) fails to produce the journal or log and ship's papers of such vessel or any of them on demand of a Health Officer; (e) fails to present the crew and passengers for inspection when required to do so by a Health Officer;

(f) prevents or attempts to prevent a Health Officer from inspecting any part of the vessel,

shall be liable on summary conviction to a fine not exceeding five hundred dollars.

35. Every infected and every suspected vessel, and every vessel which has come from an infected port and which has not been granted free pratique in Hong Kong, shall show whichever of the undermentioned signals is appropriate until a Health Officer has given free pratique :-

(a) By day-

the Flag Signal Q: meaning

I request free pratique ";

my ship is healthy and

CC

(ii) the Two Flag Signal QQ: meaning

my ship is suspect, that is to say I have had a case or cases of infectious disease more than five days ago, or there is an unusual mortality among rats on board "; or

(iii) the Two Flag Signal QL: meaning "my ship is infected, that is to say I have had a case or cases of infectious disease less than five days ago.

The day signal shall be shown at the vessel's masthead or where it can best be seen.

(b) By night-

during the whole of the time between sunset and sunrise, but only when the vessel is within the waters of the Colony, a signal comprising a red light over a white light, the lights being not more than six feet apart, and meaning

"I have not free pratique

The night signal shall be shown at the vessel's peak or other conspicuous place where it can best be seen.

preventing Health Officer inspecting vessel.

Signals to

be shown by certain vessels.

Power of

Police to restrict

of persons

36. The Inspector General of Police and any officer whom he may appoint for the purpose may order any person leaving any vessel referred to in section 35, or taking or movements sending any person or thing whatsoever from such vessel, to remain in, or return to, such vessel and may, with such neces- sary force as the case requires, compel any person neglecting certain or refusing to observe such order to obey the same.

or things to and from

vessels.

Power of Health

Officer as

on board vessels under ob- servation

2044

37. Whenever a Health Officer shall so require, all passengers on board any vessel under observation or so many

to passengers as he may direct shall be taken to a quarantine station and there kept and attended to for such a time as he may deem proper before allowing them to return on board the vessel or to be transferred to any other vessel or to land in the Colony. The period of detention shall in no case be greater than is permitted by this Ordinance or any regulation made there- under.

Power of

infected

38. A Health Officer may detain in a quarantine station, detention of until such time as the disease is no longer communicable persons to others, any person desirous of landing in the Colony desirous of who on arrival is found to be suffering from an infectious

disease.

landing.

Power of Health

Officer with regard to disposal of infectious

corpse.

Trespasser on quaran.

tine station may be

detained.

Costs

Government may be recovered

from owners or agents.

39. In the case of a vessel or aircraft in the waters of the Colony having on board the body of any person who has died from an infectious disease, the body shall be disposed of in such manner as may be ordered by a Health Officer; and the master of the vessel shall carry out such orders as such Health Officer may give him in relation to the disposal of the body.

40. Any person entering or landing on a quarantine station without permission may be detained and kept under observation at his own expense for such period not exceeding fourteen days as a Health Officer may deem proper.

41. Any reasonable costs and expenses charged or incurred by incurred by the Government for the vaccination, inoculation, removal, medical attendance and maintenance of any person, whether on the ship's articles or not, who under this Ordin- ance or the regulations made thereunder is removed to any hospital or place from any vessel or aircraft for medical treatment or surveillance, or for the burial of any person who may die on any vessel or aircraft, or who dies after removal to hospital, or for the burial of any dead body found on board any vessel or aircraft, or for the cleansing and disinfection of any vessel or aircraft, or of the merchandise on board any vessel or aircraft, or of any part of the vessel or aircraft or of the merchandise, including the hire of the necessary labour, boats, junks and disinfecting appliances, shall be paid to the Government by the owners or agents of

the vessel.

Police to furnish assistance.

Exemption

of postal

matter.

42. The Inspector General of Police shall furnish such police assistance as any Health Officer may require for the purpose of enabling him to exercise the powers vested in him by this Ordinance or the regulations made thereunder and to deal with vessels and aircraft and persons and things on board thereof in the manner prescribed by this Ordinance.

43. Nothing in this Ordinance or the regulations made thereunder shall render liable to detention, disinfection or destruction any articles being part of any mails conveyed under the authority of the postal administration of any country, except in the case of such importation as is pro- hibited under section 16.

2045

44. (1) Should the surgeon of, or any medical practi- tioner visiting, any vessel or aircraft within the limits of the Colony find on board any infectious disease, it shall be the duty of such surgeon or medical practitioner to inform the master of the nature of the disease and notify the same in writing to a Health Officer. All further action as regards the patient, the members of the crew, the passengers or the vessel or aircraft shall be under the direction of a Health Officer.

an

(2) Should such infectious disease be believed or suspect- ed to be plague, cholera, small-pox, typhus or yellow fever, such vessel or aircraft shall at once be considered as infected vessel or aircraft under this Ordinance. The master of such vessel or aircraft shall at once take such steps as are necessary to inform a Health Officer of the facts of the case and shall display the appropriate signal referred to in section. 35, and shall not permit any further communication with the shore, but shall wait for instructions from a Health Officer.

Duty of

medical practitioner

and master when a case disease dis- covered on aircraft.

of infectious

board vessel

or

Duty of master in sickness where no

case of

45. In case any vessel in the waters of the Colony which carries no surgeon has on board any sickness, the nature of which the master is unable to determine, he shall at once hoist the call flag for medical assistance (letter M in the Inter- national Code of Signals over the Code Pennant), and shall surgeon is take such measures as may be necessary to inform a Health Officer and shall await his directions.

46. This Ordinance and the regulations made thereunder shall not in any way interfere with the internal management of any of His Majesty's or of foreign vessels or aircraft of war, or with their freedom to proceed whenever the officer in command may deem such course requisite.

Plague Precautionary Measures.

carried.

Internal management aircraft of war not to

of vessels or

be inter- fered with.

47. Plague infected vessels and aircraft shall be sub- Plague jected to the following measures :-

(i) Medical inspection.

precaution-

ary measures in case of infected

(ii) The sick shall be immediately disembarked and vessels or isolated.

(iii) All persons who have been in contact with the sick and those whom a Health Officer has reason to consider suspect shall be disembarked if possible. They may be sub- jected to observation, or to surveillance, or to observation followed by surveillance, provided that the total duration of these measures does not exceed six days from the arrival of the vessel.

(iv) Bedding, soiled linen, wearing apparel and other articles which, in the opinion of a Health Officer, are infected shall be disinsectised and if necessary disinfected.

(v) The parts of the vessel which have been occupied by persons suffering from plague or which in the opinion of a Health Officer are infected shall be disinsectised and if necessary disinfected.

aircraft.

48.--(1) A Health Officer may require deratisation by Provisions fumigation before or during the unloading of cargo, if he is relating to

discharge of of opinion, having regard to the nature of the cargo and the cargo. way it is loaded, that it is possible so to effect a total destruc- tion of rats. In this case a vessel shall not be subjected to a further deratisation unless during or after the unloading

Plague precaution-

ary measures in case of suspected

vessels or aircraft.

Uninfected or healthy

vessels or aircraft

2046

live rats are still found, in which event a second fumigation may be required by a Health Officer, but the cost of such second fumigation shall not be charged to the owners or agents of the vessel under section 41. In other cases the complete destruction of the rats shall be effected on board when the holds are empty. In the case of ships in ballast this process shall be carried out as soon as possible before taking cargo.

(2) If the vessel is to unload a part of its cargo only and if a Health Officer considers that it is impossible to carry out complete deratisation, the said vessel may remain in port for the time required to unload that part of its cargo, provided that all precautions, including isolation, are taken to the satisfaction of a Health Officer to prevent rats from passing from the vessel to the shore, either during unloading or otherwise.

(3) The unloading of cargo shall be carried out under the control of a Health Officer, who shall take all measures necessary to prevent the persons employed on this duty from becoming infected. Such persons shall be subjected to observation or surveillance for a period not exceeding six days from the time when they have ceased to work at the unloading of the vessel.

49. Plague suspected vessels and aircraft shall undergo the measures specified in section 47 (i), (iv) and (v) and in section 48. In addition the passengers and crew may be subjected to surveillance which shall not exceed six days reckoned from the date of arrival.

50. A vessel or aircraft shall be regarded as uninfected or healthy, notwithstanding its coming from an infected port, if there has been no human or rat plague on board either at coming from the time of departure or during the voyage or on arrival, and if the investigations regarding rats have not shown the exist- ence of any unusual mortality.

an infected

port.

Pratique.

Periodical

of vessels.

51. An uninfected or healthy vessel or aircraft shall be given pratique immediately with the reservation that a Health Officer may prescribe the following measures in con- nection therewith:-

(i) Medical inspection to determine whether the condition of the ship corresponds to the definition of an uninfected ship.

(ii) In exceptional cases and for wellfounded reasons which shall be communicated in writing to the captain of the vessel, destruction of rats on board under the conditions specified in section 48 (1).

(iii) Subjection of the passengers and crew to surveillance for a period not exceeding six days from the date on which the vessel left the infected port. The crew may be prevented during the same period from leaving the vessel except on duty of which a Health Officer has been notified.

52. All vessels liable to harbour rats shall be periodically deratisation deratised, or be permanently so maintained that any rat population is kept down to the minimum. In the first case they shall receive Deratisation Certificates, and in the second Deratisation Exemption Certificates from a Health Officer. Every such certificate shall be valid for six months, but this period may be extended by one month in the case of a vessel proceeding to its home port.

2017

If no valid certificate is produced, a Health Officer may after inquiry and inspection---

(a) himself carry out deratisation of the vessel, or cause such operations to be carried out under his direction and control. On completion of these operations to his satisfaction he shall issue a dated Deratisation Certificate. He shall decide in each case the technique which should be employed to secure the practical extermination of rats on board, but details of the deratising process applied and of the number of rats destroyed shall be entered on the certificate. Destruction of rats shall be carried out so as to avoid as far as possible damage to the vessel and cargo (if any). The operation must not last longer than twenty-four hours. In the case of vessels in ballast the process shall be carried out before taking cargo. Any charges made in respect of these operations shall be determined in accordance with section

41; or

(b) issue a Deratisation Exemption Certificate if he is satisfied that the vessel is maintained in such a condition that the rat population is reduced to a minimum. The reasons justifying the issue of such a certificate shall be set out in the certificate.

Cholera Precautionary Measures.

53. Cholera-infected vessels and aircraft shall be sub- Cholera jected to the following measures :-

(i) Medical inspection.

precaution-

ary measures in case of infected vessels and

(ii) The sick shall be immediately disembarked and aircraft. isolated.

(iii) The passengers and crew may be kept under observation or subjected to surveillance during a period not exceeding five days reckoned from the date of arrival.

(iv) Bedding, soiled linen, wearing apparel and other articles, including foodstuffs, which, in the opinion of a Health Officer, have been recently infected, shall be disinfect- ed.

(v) The parts of the vessel or aircraft which have been occupied by the patients or which are considered by such Health Officer as infected shall be disinfected.

(vi) Unloading of cargo shall be carried out under the supervision of such Health Officer, who will take all measures necessary to prevent the infection of the persons engaged in unloading. They shall be subjected to observation or to surveillance which shall not exceed five days from the time they cease unloading.

(vii) When the drinking water on board is suspected it shall be turned off and emptied out after being disinfected and shall be replaced, after disinfection of the tanks, by a supply of water of good quality.

(viii) Such Health Officer may prohibit the emptying of water ballast which has been taken in at an infected port, unless such water ballast has first been disinfected.

(ix) Such Health Officer may prohibit the emptying or discharge of human dejecta and of waste waters of the ship into the waters of the port unless such dejecta or waste waters have first been disinfected.

Cholera

ary measures

2048

54. Vessels or aircraft suspected of cholera shall be precaution- subjected to the measures prescribed under paragraphs (i), (iv), (v), (vii), (viii) and (ix) of the preceding section. The passengers and crew may be subjected to surveillance for a period not exceeding five days from the date of arrival.

in case of suspected vessels and aircraft.

Effect of bacteriolo- gical ex- aminations.

Cholera

ary measures in case of

vessels and aircraft.

55. If any vessel or aircraft has been declared infected or suspected only because of cases on board presenting the clinical features of cholera and if two bacteriological examina- tions made with an interval of not less than 24 hours between them have not revealed the presence of cholera or any other suspicious vibrios, it shall be classed as uninfected.

56. A vessel or aircraft shall be regarded as uninfected precaution if, although arriving from an infected port or having on board. persons proceeding from an infected area, there has been no case of cholera either at the time of departure from such infected port, during the voyage, or on arrival. Such vessel or aircraft may be subjected to the measures provided under paragraphs (i), (vii), (viii) and (ix) of section 53. In addition the passengers and crew may be subjected to surveillance during a period which shall not exceed five days from the date of arrival. The crew may be prevented during the same period from leaving the ship or sanitary aerodrome except on duty of which a Health Officer has been notified.

Cases clinically

cholera to be classed as cholera.

Germ carriers.

57.--(1) Cases presenting the clinical symptoms of cholera in which no cholera vibrios have been found or in which vibrios not strictly conforming to the character of cholera vibrios have been found shall be subjected to all measures required in the case of cholera.

(2) Germ carriers discovered on the arrival of a vessel or aircraft may be treated in the same way as cases of disease.

Smallpox precaution-

ary measures in the case of infected vessels or aircraft.

Smallpox Precautionary Measures.

58. Vessels or aircraft which during the voyage had, or at the time of their arrival have, a case of smallpox on board shall be subjected to the following measures :---

(i) Medical inspection.

(ii) The sick shall be immediately disembarked and isolated.

(iii) Other persons reasonably suspected to have been exposed to infection on board, who, in the opinion of a Health Officer, are not sufficiently protected by recent vaccination. or by a previous attack of smallpox, may be subjected to vaccination or to vaccination followed by observation or surveillance, the period of observation or surveillance being specified according to the circumstances, but in any case not exceeding fourteen days reckoned from the date of arrival of the vessel of aircraft.

(iv) Bedding, soiled linen, wearing apparel and other articles which such Health Officer considers to have been recently infected shall be disinfected.

(v) Those parts of the vessel or aircraft which have been occupied by persons ill with smallpox and which such Health Officer regards as infected shall be disinfected.

2049

59. Vessels and aircraft which are not infected with Smallpox smallpox but which come from a port declared to be infected precaution- with the disease shall be subjected to the following in the case

measures:

(i) Medical inspection.

(ii) Any passenger or member of the crew who is not protected by vaccination or by a previous attack of smallpox, and who has left a local area where smallpox is epidemic within the previous fourteen days before landing in the Colony, may be subjected to vaccination followed by

surveillance.

Provided that nothing in this section or in section 58 shall derogate from the powers in respect of vaccination or detention conferred by sections 17 and 18 of the Vaccination Ordinance, 1923.

Typhus Precautionary Measures.

60. Vessels or aircraft which during the voyage had. or at the time of their arrival have, a case of typhus on board shall be subjected to the following measures:-

(i) Medical inspection.

(ii) The sick shall be immediately disembarked, isolated, and deloused.

(iii) Other persons reasonably suspected to harbour lice, or to have been exposed to infection, shall be deloused and may be subjected to surveillance during a period which shall not exceed twelve days from the date of the delousing.

(iv) Bedding, linen, wearing apparel and other articles which a Health Officer considers to be infected shall be disinfected.

(v) The parts of the vessel or aircraft which have been occupied by persons ill with typhus and which such Health Officer regards as infected shall be disinfected and dis- insectised.

Yellow Fever Precautionary Measures.

ary measures

of contact vessels or aircraft.

Ordinance No. 12 of 1923.

Typhus precaution-

ary measures in case of infected vessels or aircraft.

61. Vessels or aircraft infected with yellow fever shall Yellow be subjected to the following measures :—

(i) Medical inspection.

fever pre- cautionary measures it. case of infected

vessels or

(ii) The sick shall be disembarked, and those of them whose illness has not lasted more than five days shall be aircraft. isolated in such a manner as a Health Officer may direct to prevent the infection of mosquitoes.

(iii) Other persons who disembark shall be kept under observation or surveillance during a period which shall not exceed six days reckoned from the time of disembarkation.

(iv) A ship shall be moored at least 220 yards from the inhabited shore and at such a distance from other vessels as will render the access of mosquitoes improbable.

(v) The destruction of mosquitoes in all phases of growth shall be carried out on board, as far as possible before unloading of cargo. If the unloading is carried out before the destruction of mosquitoes, the persons employed shall be subjected to observation or surveillance for a period not exceeding six days from the time when they ceased unloading.

4

Yellow

fever pre- cautionary

measures in

case of suspected

vessels or aircraft.

* Yellow

fever pre-

cautionary

2050

62. Vessels or aircraft suspected of yellow fever may be subjected to the measures specified in paragraphs (i), (iii), (iv) and (v) of section 61.

63. A vessel or aircraft shall be regarded as uninfected, notwithstanding its having come from a yellow fever infected measures in port, if on arriving after a voyage of more than six days it has no case of yellow fever on board and either there is no reason to believe that it carries adult stegomyia or a Health Officer is satisfied:-

the case of

vessels or

aircraft.

Precaution-

ary measures

T

(a) that the vessel or aircraft during its stay in the port of departure was moored at a distance of at least 220 yards from an inhabited shore and at such a distance from other vessels as to make the access of stegomyia improbable; or

*

(b) that the vessel or aircraft at the time of departure was effectually fumigated in order to destroy mosquitoes.

Other Infectious Diseases, Precautionary Measures.

64.—(1) Any person who, on arrival in the Colony by with regard any vessel or aircraft, is found to be suffering from chicken- to vessels or pox, diphtheria, enteric, dysentery, scarlet fever, influenza, cerebro-spinal meningitis, measles or other such infectious disease, may be removed to a hospital if a Health Officer is of opinion that he cannot be isolated or treated on board.

aircraft infected

with certain

diseases.

Measures

with regard

and in-

(2) Any bedding, linen, wearing apparel or other articles which such Health Officer considers to be infected shall be disinfected as he may direct.

(3) Any part of the vessel or aircraft which such Health Officer considers to have been infected shall be disinfected as he may direct.

Insanitary and Overcrowded Vessels.

65. (1) If a Health Officer on inspection of any vessel to nuisances finds any decaying animal or vegetable matter, rubbish, dirt, filth or other matter, which in his opinion is likely to be injurious to health or to create a nuisance, he may serve a written notice on the master, agent or owner of the vessel to abate the said nuisance within twelve hours.

sanitary conditions on board vessel or aircraft.

(2) If such nuisance is not abated within such time the master, agent or owner shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars. for every day of continuing default.

(3) If a Health Officer on inspection of any vessel finds any crew's quarters, living spaces, water tanks, foodlockers, paintlockers, decks, lavatories, latrines or bilges to be in a dirty or insanitary state, he may call upon the master of such vessel to carry out to his satisfaction such cleansing, dis- infection, white-washing or painting as he may direct.

(4) Any master of a vessel who neglects to comply with such orders within such time as a Health Officer directs shall be liable to a fine not exceeding fifty dollars and to a further fine not exceeding twenty dollars for every day of continuing default, and the person whose duty it is to grant a port

2051

clearance may, on the certificate of such Health Officer, withhold a port clearance from such vessel until such Health Officer's directions have been complied with.

(5) At the discretion of a Health Officer any offensive * articles mentioned in this section may be discharged, and the vessel may, at the owner's or agent's expense, be disinfected under the supervision of a Health Officer.

(6) All expenses incurred by a Health Officer in carrying out this section shall be recoverable from the owner or agents of the vessel under the Crown Suits Ordinance, 1910.

Ordinance

No. 5 of 1910.

state to go

66. Where a vessel has passengers on board who are Vessels: in a filthy or otherwise unwholesome condition, or is over-

with filthy passengers crowded with passengers, emigrants or otherwise, a Health or in an Officer may, if in his opinion it is desirable with a view to overcrowded checking the introduction of any infectious or contagious to quaran- disease, and on his certifying to that effect, order the vessel tine to the quarantine anchorage or to such place as he may direct, and although the vessel is not infected or suspected such Health Officer may order the cleansing and disinfection of the vessel in such manner as he may deem necessary.

Part III.

anchorage.

THE PEVENTION OF THE SPREAD OF INFECTIOUS DISEASE.

(a) Notification.

Notification forms to be furnished by

67. The Secretary to the Medical Department shall upon application furnish every medical practitioner, every medical officer in charge of a Chinese Public Dispensary and every Secretary to officer in charge of a Police Station with the printed forms to be used in the notification of infectious disease.

Medical Depart- .ment.

no false

68. No notification which contains any false information Notification shall be deemed a notification as required by this Ordinance must contain or by any regulation made thereunder unless the person information. notifying proves that he believed and had reasonable grounds for believing such information to be true.

to notify.

69. If any inmate of any premises be suffering from Attending. or has died from plague, cholera, smallpox, yellow fever, practitioner typhus, cerebro-spinal meningitis, measles, chicken-pox, diphtheria, scarlet fever, enteric, puerperal fever or rabies, and if such inmate be under the care of a medical practitioner, the said practitioner shall forthwith furnish a Health Officer with a notification thereof in writing stating the name of such inmate and the situation of such premises.

Such medical practitoner if not a Government Officer shall be entitled to receive, on application to the Secretary to the Medical Department, the sum of one dollar for each and every such notification, provided that he applies for payment within one month after the notification to which it relates; but not more than one fee shall be paid in respect of each case.

Notification

where no practitioner

has attended.

Notification by persons having knowledge of the

existence of disease.

Notification by keepers of hotels, boarding houses or

common

lodging- houses.

Delay in

notification,

failing to notify or

giving false

information.

Notice of recovery to be furnished to Health Officer.

2052

70. If any inmate of any premises be suffering from or has died from plague, cholera, smallpox or cerebro-spinal meningitis, and if such inmate be not under the care of a medical practitioner, the occupier or keeper of such premises or, in default of such occupier or keeper, the nearest male adult relative living on such premises, or, in default of such relative, occupier or keeper, any person in charge of or in attendance on the sick person or dead body shall, on the nature of the disease becoming known to him or on the suspicion of the existence in such inmate of such disease, forthwith notify the same to any Government Medical Officer or the Medical Officer in charge of the nearest Chinese Public Dispensary, or any officer on duty at the nearest police station or any Sanitary Inspector, who shall immediately on receipt thereof transmit the information to a Health Officer.

71. All persons knowing or having reason to believe that any person has been attacked by, or is suffering from, or has died from, plague, cholera, smallpox or such other epidemic, endemic, or contagious disease as may from time to time be duly notified in the Gazette, shall notify the same without delay to any officer on duty at the nearest police station, or to any Government Medical Officer or to the Medical Officer in charge of the nearest Chinese Public Dispen- sary or any Sanitary Inspector, and any such officer receiving such information whether verbal or written or discovering any such case, shall notify the same with the least possible delay to a Health Officer, and may detain such person or remove him to a hospital until he can be examined by a Government Medical Officer or a Health Officer.

72. If any person in any hotel, boarding house or common lodging-house becomes ill from any infectious, contagious or communicable disease the keeper of such institution shall forthwith give notice thereof to a Health Officer or to the Secretary for Chinese Affairs who shall immediately transmit such information to a Health Officer.

73. (1) Any person required under this Ordinance or any regulation made thereunder to give information of any infectious disease, or of any death from infectious disease, who neglects without reasonable excuse to give such infor- mation with the least practicable delay, shall be guilty of an offence against this Ordinance.

(2) Any person who knowingly omits or refuses to give any information which he is required to give, or who furnishes as true information which he knows or has reason to believe to be false, shall be guilty of an offence against this Ordinance.

(3) When any person is charged with neglecting to give information of any infectious disease or any death from an infectious disease he shall be presumed to have known of the existence of such disease, unless he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

74. When any medical practitioner in attendance on any person suffering from infectious disease is satisfied that such person has so far recovered as, in the opinion of such medical practitioner, to be no longer a source of infection to others, such medical practitioner shall notify a Health Officer in writing to that effect.

2053

(b) Power of Entry for Search, Examination and

Detention.

search and

75.-(1) A Health Officer may enter and search, or Power of direct a Sanitary Inspector to enter and search, any building entry for or enclosure for the purpose of ascertaining whether there examination. is any person suffering from infectious disease or contacts therein and may cause any persons found therein to be examined in order to ascertain whether any of them are infected or have recently been infected.

(2) A Health Officer may further cause any person to be detained for medical examination and may segregate in such place as he may appoint for the purpose any person found to be or suspected to be infected.

(3) A Health Officer or any officer duly authorized by him, may at any time enter any premises for the purpose of examining, and may examine, any dead body where he has reason to believe that the cause of death has not been certified by a duly qualified medical practitioner or has doubt as to the diagnosis made, and he may if he thinks fit order the removal of such body to any place if such removal is in his opinion necessary for the further examination of the body.

to authorise

and inspect

(4)--(a) If admission to premises for any of the purposes Power of specified in this section is refused, any magistrate on complaint magistrate thereof on oath by any officer authorised by this section to officer enter and inspect premises (made after reasonable notice in to enter writing of the intention to make the same has been given to the premises. person having custody of the premises, if such person there be) may, by order under his hand, require the person having the custody of the premises to admit any officer entitled under this section to inspect the same into the premises, and, if no such person can be found, the magistrate shall, on oath before him of that fact, by order under his hand authorise any such officer to enter the premises.

(b) After such order of a magistrate has been obtained, any officer authorised to inspect premises under this section may, if necessary, break into the premises named in the

order.

(c) Any order made by a magistrate under this section. shall continue in force until the work for which the entry was necessary has been done.

(c) Restrictions Against the Exposure or Transport of Infected Persons or Infected Articles.

cases

76. Except with the permission of a Health Officer Movement no infected person shall depart from the house or place in of infectious which the disease manifested itself to any other house or restricted. place nor shall any person assist in such departure.

persons and

77.-(1) No person while suffering from an infectious Exposure of disease shall expose himself in any place to which the public infected has access or in any other place used in common by persons transfer of other than the members of the family or household to which infectious such infected person belongs, nor shall any person assist in under proper such exposure.

(2) The transport of infected persons to any hospital or other place approved by the Health Officer if carried out with proper precautions shall not be deemed an offence against this

section.

cases except

precautions prohibited.

Transfer or

infected

2054

78. No person shall knowingly give, lend, sell, pawn, exposure of transmit, remove or expose any bedding, clothing or other articles which have been exposed to the risk of infection. Removal with proper precautions by a Health Officer shall not be deemed an offence against this section.

articles prohibited.

Diseased

persons not

to be carried in public

79. Except on the requisition of a Health Officer or police officer no owner, driver or person in charge of a public conveyance shall permit any person suffering from an conveyances. infectious disease to enter such conveyance, nor shall any infected person enter a public conveyance except with the permission of a Health Officer.

Impress-

ment of

vehicles and beasts,

80. A Health Officer may, for the purpose of carrying out the provisions of this Ordinance, temporarily impress motor cars, carts, or other vehicles ordinarily let for hire with the beasts (if any) necessary to draw them and may engage the services of drivers, labourers or coolies. The owner of any vehicle so impressed shall not be entitled to claim more than a reasonable sum for the use thereof. All such vehicles shall be disinfected before being returned to their

owners.

Conditions under which infectious

(d) Isolation of Infected Person in his own Premises.

81.-(1) If in the opinion of a Health Officer any person suffering from an infectious disease can be properly attended in his own home without danger to others, the Health Officer may order that such person shall be detained and own houses. treated there and the premises isolated.

cases can be isolated in their

(2) Every such order shall be in writing and signed by the Health Officer.

(3) A copy of such order in English and Chinese shall forthwith be posted up in a conspicuous position on or near the patient's house, and a copy shall also be sent to the nearest police station.

(4) After the posting up of any such order and so long as the same remains in force no person, except the Health Officer or any person authorised by the Health Officer in that behalf, shall enter or leave the isolated house or remove any furniture, bedding, clothing or articles therefrom.

(5) Any person may approach the isolated house for the purpose of delivering food or medicine to the persons confined in the house or of removing their excreta but may not enter such house.

(6) The Health Officer may in his discretion disinfect any person, furniture, bedding, clothing or other articles in the isolated house and may thereupon permit such person or thing to leave or be removed from the house.

(7) When satisfied that the need for isolation no longer exists the Health Officer shall remove the order posted up as aforesaid and thereupon such order shall be deemed to be cancelled.

(8) Notice of such cancellation shall be sent to the nearest police station by the Health Officer.

2055

(9) Upon receipt of the order mentioned in subsection (3) the officer in charge of the police station shall send as many police officers as are necessary to the isolated house and such police officers shall enforce the isolation of the house and repel any attempt by the persons confined in the house to break out therefrom or by any others to enter therein.

(10) Upon receipt at the police station of the notice mentioned in sub-section (8) the police officers shall be removed from the house.

(e) Removal of Infectious Cases to Hospital.

remove

82.—(1) A Health Officer may direct the removal to Power to a hospital or other suitable building of any person suffering infectious from an infectious disease, the treatment for which is pro- cases to vided in such hospital or building, if such person is, in his hospital. opinion, without proper lodging or accommodation or is living under conditions which are likely to cause the spread of the disease to other persons, or where there is no proper means of attending to the patient without danger to others: Provided that if any such person refuses to be so removed, it shall be lawful for a magistrate, on the application of the Health Officer, to order the removal of such person to such hospital or other suitable building.

(2) A patient so removed to a hospital or other suitable building shall there remain until discharged by the Medical Officer in charge thereof.

(f) Isolation of Contacts and Closure of Infected Buildings.

occupying

houses.

83. If in the opinion of a Health Officer it is necessary Detention of in the interests of the public health, the persons residing in persons a building or part of a building which is infected shall be infected detained therein or shall be removed to such other building or buildings as the Director of Medical and Sanitary Services may direct and there be isolated and kept under supervision until such time as they may, in the opinion of the Health Officer be safely released.

It shall not be lawful for any person to reoccupy any such building or part of a building until it has been thoroughly cleansed and disinfected.

Power to

close and

disinfect

84.-(1) If in the opinion of the Director of Medical and Sanitary Services it is necessary that all or any of the inmates, not themselves sick, of any house or building or buildings part thereof, in which a case of infectious disease exists or and to isolate, has recently existed, should be isolated or put under medical defain, or surveillance or that any such house or building or part thereof subject to should be temporarily closed, a Health Officer may direct the contacts that :-

(a) such house or building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein.

(b) all or any of the inmates, not being themselves sick, shall be isolated to the satisfaction of the Health Officer or removed to a quarantine station and detained there for such period as is necessary to ensure that such inmates are them- selves free from disease.

surveillance

found therein.

Schedule.

Distinguish- ing signals

to be

shown on a

quarantine

station

when

occupied.

Trespass on quarantine station prohibited.

Departure from

station without

quarantine

permission

prohibited.

Buildings may be requisitioned

purposes.

2056

(2) All or any such inmates, who enter into a written undertaking according to the form in the Schedule, or in its equivalent in Chinese characters, to present themselves daily for examination and who deposit, if required to do so, such sum of money, not exceeding two hundred dollars, as is fixed by the Health Officer, shall present themselves daily to the Health Officer, or to a medical practitioner approved by the Health Officer, for examination for such period and at such place and time as the Health Officer appoints.

(g) Quarantine Station.

85. Whenever any persons are detained under obser- vation at a quarantine station a yellow flag shall be hoisted by day at a conspicuous place on the station and by night a red light over a green light, at a distance one above the other of not more than six or less than four feet.

86. No person, except a Health Officer or persons authorised, either generally or specially, by him, shall enter a quarantine station.

87. No person detained under observation at a quaran- tine station shall leave such station without the permission of a Health Officer.

88. Any building or place which is in the opinion of a Health Officer suitable and required for the purpose of for isolation isolation and treatment of persons suffering from infectious disease or suspected to be suffering from infectious disease or who are contacts, and for their detention until they are free from disease, may with the written approval of the Governor be entered upon and occupied, if untenanted, without any notice whatsoever, and, if tenanted, after twenty- four hours notice in writing conspicuously posted on such building or such place. The owner or person entitled to the occupation of such building or place shall not be entitled to claim anything beyond a reasonable rent for the period during which such building is occupied under the provisions of this section.

Disposal of infectious

corpses.

Post-mortem

where infectious

(h) Disposal of Infected Dead Bodies.

89. (1) In the event of the death of any person from infectious disease the friends of the deceased shall be per- mitted to dispose of the corpse by cremation or burial in accordance with their religious customs at the burning ground or burial ground set apart for persons dying from infectious disease or at such other places as a Health Officer may permit and shall obey the directions of the Health Officer in all matters relating to the disinfection or to the time, route and method of removing the corpse to the cremation or burial place.

(2) In the event of failure or refusal of the friends of the deceased to dispose of the corpse the Health Officer shall see to the proper disposal of it.

90.-(1) If a Health Officer has reasonable grounds for examination suspecting that any death may have been due to infectious disease he may order the removal of the body to a mortuary or other suitable place for the purpose of a post-mortem examination.

disease is suspected.

હું

!

2057

one obstruction.

(2) Any person obstructing the removal of the body for Penalty for such purposes shall be liable to a fine not exceeding one hundred dollars.

:

infectious

91. Any person who deposits or causes to be deposited Penalty for in any public or private place, other than a grave in which dumping it may be lawfully buried, the corpse of any person who has corpses, died while suffering from an infectious disease, shall be guilty of an offence against this Ordinance.

(i) Disinfection and Cleansing.

clothing and

cases and

92.—(1) The clothing, bedding and personal effects of Disinfection all persons detained or segregated or removed to a hospital of bedding, or other suitable building or place under the provisions of personal this Ordinance or the regulations made thereunder, which are effects of infected or suspected to be infected, shall be thoroughly contacts. disinfected or may be destroyed at the discretion of a Health Officer, and no person shall be entitled as of right to recover any compensation by way of damages or otherwise for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

or destruc-

93.-(1) A Health Officer may disinfect or destroy any Disinfection rags, clothing, bedding or other articles infected or suspected to of to be infected and no person shall be entitled as of right to infected or recover any compensation by way of damages or otherwise suspected for the disinfection or destruction of such articles.

(2) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

articles.

94. A Health Officer may require any person liable to Disinfection observation to be disinfected before being released.

of persons prior to release.

railway

95.-(1) Whenever it appears to a Health Officer that Disinfection any railway carriage has been infected by a person suffering of infected from plague, cholera, smallpox or yellow fever, he may carriage order the carriage to be detained at the nearest station for and articles such time as may be necessary for the purpose of disinfecting therein. it, or may order such carriage to be sent to another station at which disinfection may be more expeditiously carried out.

(2) Any clothing, bedding or other articles in the carriage may be disinfected or destroyed at the discretion of the Health Officer and no person shall be entitled as of right to any compensation by way of damages or otherwise for the destruction of any such articles.

(3) The Director of Medical and Sanitary Services may with the sanction of the Governor give compensation for the articles destroyed.

contained

96. Whenever it appears to a Health Officer that any Detention vehicle has been infected he may detain such vehicle for such of vehicles time as may be necessary for the purpose of disinfecting it.

for dis- infection.

—-་་་་་

Disinfection

vehicles.

2058

97. All such carts and other vehicles as a Health Officer of infected shall use for the transport of infected persons or of things likely to spread infectious disease shall be thoroughly dis- infected by the Health Officer before being returned to their

Disinfection

of houses

owners.

98. When any building or place which has been entered on and occupied under the provisions of section 88 requisitioned for hospitals. is vacated the Health Officer concerned shall be bound at the cost of Government to cleanse and disinfect the said building or place, and if a building and if he is so required to do, to whitewash it both internally and externally immediately after vacating it.

Disinfection or closing

wells.

99. In any case where a Health Officer shall certify in writing that it is necessary as a precaution against the of dangerous introduction of disease in any place that any well should be filled up, cleansed or disinfected, he may by written order require the owner or occupier of the house or land wherein such well is situated to fill up, cleanse or disinfect such well within a reasonable time to be specified in the order, and such owner or occupier shall fill up, cleanse or disinfect such well accordingly.

Temporary closure of buildings

after removal

of case.

100.—(1) If in the opinion of a Health Officer it is necessary in the interests of the public health that the persons residing in a building or part of a building which is infected shall be removed, he may direct that such building or part thereof shall be temporarily closed for such time as is neces- sary to secure its thorough disinfection and the disinfection or destruction of all infected articles contained therein, and it shall not be lawful for any person to reoccupy such build- ing or part thereof until it has been thoroughly cleansed and disinfected as aforesaid.

(2) Such cleansing and disinfection may, with the approval of such Health Officer, be done in whole or in part by the inmates or by persons engaged by them; and further if in the opinion of such Health Officer it is necessary for the thorough purification and disinfection of such premises to take down any lath and plaster or other hollow partition wall or any partition, screen, panelling, wainscotting, skirting, stair- lining, ceiling, or other similar structure or any fittings or any portion of such wall, structure or fitting, the Health Officer shall forthwith have the same taken down, and, if he considers their removal from the premises or the destruction thereof or both to be necessary in the interests of the public health, he shall forthwith cause the same to be removed from the premises or destroyed or both.

(3) Such destruction shall be carried out with such precautions and in such manner as such Health Officer may deem proper, and compensation for such removal or destruc- tion shall be given by the Governor unless it is proved that the wall, structure or fitting removed or destroyed had been unlawfully erected or maintained.

(4) Such compensation shall be calculated so as to cover the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Governor, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these provisions,

2059

(5) The Governor shall decide in each case whether the compensation, if any, is to be paid to the owner or occupier, and payment in accordance with the decision of the Governor shall bar any further claim to compensation by owner or occupier.

Provided that nothing in this section shall affect the rights of the owners or occupiers inter se as to the ultimate apportionment of any compensation awarded.

and dis-

as a check

101. If a Health Officer is of opinion that the cleansing Cleansing or disinfection of a building or part of a building or of any infection article therein likely to retain infection would tend to prevent of buildings or check the spread of any infectious disease, leprosy or to the spread tuberculosis, he may by notice in writing require the owner or of disease. occupier to cleanse or disinfect the same in the manner therein specified.

Health

Power of Officer to cleanse and

102. When in the opinion of a Health Officer the owner or occupier is from poverty or otherwise unable effectually to carry out the said requirements, the Health Officer may cleanse or disinfect or cause to be cleansed or disinfected the building or buildings or part of the same and and their any articles therein at the expense of the Government.

103.—(1) After the removal of any person suffering from an infectious disease from any house a Health Officer shall cause the room which such person occupied, and any other portion of the house which such Health Officer deems to be infected, to be thoroughly disinfected, and the house may be closed for such period as he may direct.

(2) No person except a Health Officer or persons authorised by him shall enter such room or house during such period.

disinfect buildings

contents.

Disinfection of premises with or

without

closure after

removal

of cases.

104. In the event of the death of any person from Action with infectious disease a Health Officer shall take the necessary regard to action to prevent the spread of infection from the corpse. corpses. The clothing, bedding and all personal effects of the deceased, which are liable, in the opinion of the Health Officer, to carry infection, shall be disinfected or, if the Health Officer so orders, be destroyed by fire, and no person shall be entitled to claim compensation as of right for the destruction of any such article.

disinfection

compensation

105. Notwithstanding anything contained in the fore- Recovery going sections, the Council shall have power by officers of of cost of the Sanitary Department to enter and to cleanse and to and pay- disinfect any premises where any person suffering from plague, ment of cholera or smallpox or any other contagious or infectious for damage. disease, is or has been, or is reasonably suspected to have been, recently located, and the Council may recover the cost of such disinfection and cleansing from the house holder; but compensation may be given to such house holder for any bedding, clothing or other articles which have been destroyed during such cleansing or disinfection:

Provided that where the case of infection has been duly reported no charge shall be made for the cost of such cleansing and disinfection, and reasonable compensation for property destroyed or damaged shall in such case be given.

Limitation

of liability.

Repeal of Ordinance No. 10 of 1899, s. 23 and heading, s. 39 (20) and

Table L. also repeal of Ordinance

No. 12 of 1935.

Commence- ment.

2060

Limitation of Liability.

106. No matter or thing done by the Council or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council or a Health Officer, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever : Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition. or other order unless it is expressly so enacted.

Repeals.

107.-(1) In the Merchant Shipping Ordinance, 1899, section 23 and the heading thereto, sub-section (20) of section 39 and Table L of the Schedule are repealed.

(2) The Public Health (Quarantine and Prevention of Disease) Ordinance, 1935, is repealed.

Commencement.

108. This Ordinance shall come into operation on the first day of February, 1936.

I

і

2031

Serial No.

(FOR RECORD IN THE

HEALTH OFFICE)

Date of undertaking

Full name of person undertaking

Address in full

Ship's name

SCHEDULE.

[s.s. 4, 5, 7, 10, 84.]

Serial No.

Slip No.

QUARANTINE AND PREVENTION OF DISEASE

Serial No.

I,

ORDINANCE, 1936.

Undertaking to submit to surveillance.

of

being desirous of proceeding to

(which I hereby declare to be my full and sufficient address), hereby undertake, in consideration of my being exempted from observation, (to present myself for examination at the office of the. situated at daily at a.m. for days from the date hereof, and to report immediately at the said office any change in my residence) or (to proceed direct to the said premises and to submit myself for examination daily by the examination officer for days from the date hereof).

I am aware that failure to comply with the terms of this under- taking, will render me liable to arrest, and, upon conviction, to a fine not exceeding $200.00 for every day during which the offence shall continue.

Dated this

day of

Before me,

Health Officer.

19

Signature of Passenger.

(TO BE HANDED TO PERSON GIVING THE UNDERTAKING)

Date of undertaking

Full name of person undertaking

Address in full

Ship's name

Address of the examining officer to whom the undertaker must report

Period for which examination is ordered

NOTE:-Breach of this undertaking renders

the offender liable to arrest and to a fine not exceeding $200 for every day during which the offence shall continue.

2062

To be printed at the back.

INSTRUCTIONS.

1. This undertaking is to be forwarded by the Health Officer to the Health Officer of the area containing the address of the person giving the undertaking. The slip is to be handed to the said person.

2. The Health Officer of such area will every day, as he visits such

person, initial the space below.

First day

Second day

Third day

Date.

Initials.

Objects and Reasons.

1. This Ordinance repeals Ordinance No. 12 of 1935 and re-enacts it as amended in consequence of suggestions made by the Ministry of Health in their letter of the 22nd August, 1935, enclosed with the Secretary of State's despatch No. 383 of the 19th September, 1935.

ease

2. The Ministry of Health pointed out-

,,

(a) that the inclusion of separate definitions for "dis-

infectious disease" and " quarantinable disease might lead to confusion and suggested that the use of the latter term to describe the five diseases referred to in the International Sanitary Convention, 1926, should be avoided. These points are dealt with in sections 2, 18 and 28 of the new Ordinance.

""

,,

(b) that the term " quarantine is used in Ordinance. No. 12 of 1935 as synonymous with "observation" and suggested that it would be better and likely to avoid confusion if the international term "observation" only were used and that the term quarantine" might be deleted. This point. has been dealt with to a considerable extent in sections 2, 4, 5, 6, 8, 28, 36, 37, 44, 85, 87 and 94 and in the Schedule. The word quarantine is still however retained in the long and short titles and in the references to Quarantine Anchorages, Quarantine Signals and Quarantine Stations. The existing Quarantine Anchorages set out in section 16 of Table M to Ordinance No. 10 of 1899 as amended by Govern- ment Notifications Nos. 264 and 297 of 1933 are well known under that name and it would probably cause confusion to describe them as Observation Anchorages. Moreover the word " quarantine appears in many of the Articles of the

""

International Sanitary Convention Articles 136 and 148 of which refer to quarantine stations.

.....

i

2063

in

(c) that the definition of "Sanitary aerodrome section 2 of the principal Ordinance was inadequate and suggested that it should be expanded to accord with Article 5 of the International Sanitary Convention for Aerial Navigation, 1933. This is dealt with in section 2.

(d) that section 2 (2) (c) and 2 (2) (d) of Ordinance No. 12 of 1935 did not conform to the International Sanitary Convention, 1926, and suggested their deletion as well as an amendment of section 58. These points are dealt with in sections 2 and 58.

(e) that the terms" contact vessel" and "contact air- craft were to be deprecated. This point has been dealt with in sections 2, 21, 22, 23, 25, 27, 29, 31 and 36, and in the marginal note to section 50.

(f) that section 30 of Ordinance No. 12 of 1935 was somewhat stringent and might lead to difficulties and delays unless some kind of general authorisation is envisaged. The same observation appears to apply also to section 86. These sections are amended accordingly by the addition of the words

either generally or specially,

(g) that section 35 of Ordinance No. 12 of 1935 pre- scribed no signal for healthy ships and suggested that the whole section might be amended so as to follow Part II of the Third Schedule to the Port Sanitary Regulations, (Statutory Rules and Orders 1933, No. 38), in force in England. This point is dealt with in the new section 35.

(h) that it might be desirable to insert in section 41 of Ordinance No. 12 of 1935 some provision to ensure that the amount of the charge for the work shall be a reasonable sum, excluding any charge or claim in respect of profit and representing the actual or estimated cost to be incurred by the Government in undertaking the work, and also some provision limiting the amount which may be charged unless notice of the proposed charge has been given to the master or pilot before the work is undertaken. After consideration it was felt that to adopt these suggestions in their entirety might lead to difficulties in practice but the word reason- able" has been inserted in the new section 41.

CC

(i) that His Majesty's Government had agreed to a pro- posal of the Office International d'Hygiene Publique for the addition to Article 25 (6) of the International Sanitary Con- vention, 1926, to provide in certain cases for the fumigation of a ship before or during the discharge of cargo and for a subsequent fumigation if during or after the discharge live rats are still found, only one of the fumigations being charged to the ship. The new section 48 adopts this principle by making an appropriate substitution for section 48 (1) of the repealed Ordinance.

6) that section 52 of Ordinance No. 12 of 1935 appeared to be ineffective in its present form, and suggested that if the Colony does not possess the personnel and equipment necessary for deratisation periodical deratisation should not be prescribed, but on the other hand if the necessary personnel and equipment is available then deratisation certificates and deratisation exemption certificates should be obtainable and that the section should be expanded on the lines of Article 28 of the International Sanitary Convention, 1926. This matter is dealt with in the new section 52.

$

2064

3.5

(k) that the words or destroyed' are not provided for in the Conventions and suggested their deletion in sections 53 (iv) and 58 (iv) of Ordinance No. 12 of 1935. This point is dealt with in the new sections 53 (iv) and 58 (iv).

(1) that there is no provision in Ordinance No. 12 of 1935 whereby an aircraft or a vessel may continue its voyage if it does not desire to submit to the prescribed measures and suggested that a provision on the lines of Article 54 of the International Sanitary Convention, 1926, and Article 57 of the International Sanitary Convention for Aerial Navigation, 1933, should be included. The new Ordinance deals with this point by adding two sub-sections to section 20.

3. A Table of Correspondence, which sets out in detail the differences between the new Ordinance and the repealed Ordinance, is attached.

December, 1935..

C. G. ALABAster,

Attorney General.

!

2065

TABLE OF CORRESPONDENCE

between

The Quarantine and Prevention of Disease Ordinance, 1935, and the Public Health (Quarantine and Prevention of Disease) Ordinance, 1935, which it replaces.

New Ordinance. Section.

Ordinance No. 12 of

1935. Section.

66

1

1

2 (1)

2 (1)

Remarks.

(NOTE. Wherever necessary the marginal

notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

""

Public Health and brackets deleted.

1. "his observation for his quaran- tine in last line of definition of

Circumscribed case

เเ

"

2. definitions of Contact vessel and

Contact aircraft deleted.

"

added in last line of de- Crew

وو

3.

or aircraft finition of

""

4. definition of

2

Disease deleted.

"Medical practitioner

5. definition of deleted.

Covered by definition in section 39E (9) of Interpretation Ordinance, No. 31 of 1911, as amended by section 19 of Ordinance No. 41 of 1935.

6.

Quarantine or" deleted before defini- tion of Observation

7.

7

observation for " quarantine" in third line of definition of anchorage

Quarantine

Quarantinable diseases'

2 (2)

2 (2)

2 (3)

2 (3)

i

2 (4)

8. definition of

deleted.

9. quarantine or " deleted in first and

second lines of the

Quarantine Station ".

66

definition of

10. definition of Sanitary aerodrome

expanded to accord with Article 5 of the International Sanitary Convention for Aerial Navigation, 1933.

paragraphs (c), (d) and (f) deleted and

paragraph (e) relettered as (c).

Deleted.

3

3

"

4 (1)

4 (1)

observation

for quarantine

in

second line.

4 (2)

4 (2)

''

5 (1)

5 (1)

1.

2.

"the Schedule or in its equivalent in Chin-

ese charcaters" for "Schedule A".

under observation for "in quaran-

,,

tine in second line.

therefrom

in third line.

for from quarantine

2066

Table of Correspondence,-Continued.

New Ordinance. Section.

Ordinance No. 12 of

1935. Section.

5 (2)

5 (2)

6

6

7

7

8 (1)

8 (1)

8. (2)

8 (2) .

Remarks.

(NOTE. Wherever necessary the marginal (NOTE.-Wherever

notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

"the Schedule or in its equivalent in Chinese characters" for "Schedule A".

66

quarantine or deleted in second and

sixth lines.

}}

1. "under observation for in quaran-

tine in first line of paragraph (e).

2.

3.

under observation for in quaran- tine" in third line of paragraph (e).

"

observation for quarantine in third line of paragraph (k).

"any regulation" for "the regulations".

6 6

or any regulation made thereunder"

added.

9

10 to 13

10 to 13

14

14

15

15

16

16

17

17

18

18

19

19

20

20

12171

21

22

22

23

333

23

"the Director of Medical and Sanitary Services' for a Health Officer".

24

24

plague, cholera, yellow fever, typhus or smallpox for any quarantinable disease

Sub-sections (4) and (5) added to deal with cases whereby a vessel or an aircraft may continue its voyage if it does not desire to submit to the prescribed measures. See Article 54 of the International Sanitary Convention, 1926, and Article 57 of the Inter- national Sanitary Convention for Aerial Navigation, 1933.

No infected or suspected vessel, and no vessel which have come from an in- fected port and which has not been granted free pratique in Hong Kong for "no infected, suspected or contact vessel

Every vessel referred to in section 21

forEvery infected, every suspected and every contact vessel

60

show for display in second line.

Every vessel referred to in section 21

for Every infected, every suspected

and every contact vessel

2067

Table of Correspondence,-Continued.

New Ordinance. Section.

Ordinance No. 12 of

1935. Section.

25

25

26

26

27

27

Remarks.

(NOTE. Wherever necessary the marginal notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

66

28 (1)

28 (1)

46

any vessel referred to in section 21

for an infected, suspected or contact vessel ".

showing" for " flying";

flag ".

signal" for

any vessel referred to in section 21 '

66

"

for any infected, suspected or con- tact vessel ".

plague, cholera, yellow fever, typhus or smallpox for " quarantinable dis-

ease

28 (2)

28 (2)

28 (8)

28 (3)

29

29

"

observation for

line.

quarantine" in third

"No infected or suspected aircraft, and no aircraft which has come from an infected port and which has not been granted free pratique in Hong Kong for No infected, suspected or con- tact aircraft ".

either generally or specially," added.

30

30

31

31

any vessel referred to in section 21

"

for an infected, suspected or contact vessel ".

.

32 to 34

35

&&

2

32 to

35

36

36

37

37

34

74

Whole section redrafted so as to follow Part II of the Third Schedule to the Port Sanitary Regulations (Statutory Rules and Orders, 1933, No. 38) in force in England.

፡፡

"

any vessel referred to in section 35

for an infected, suspected or con- tact vessel or any vessel in quaran- tine" in third line. "with" for "by" in fifth line.

under

"

observation

tine in second line.

for in quaran-

38 to 40

38 to 40

41

41

'reasonable' added after "Any" in first

line.

>>

""

boats for boat in fourteenth line.

42 to 48

42 to 43

44

44

45

45

46

46

47

47

The whole section has been redrafted.

redrafted to include aircraft.

2068

Table of Correspondence,-Continued.

New Ordinance. Section.

Ordinance No. 12 of 1935. Section.

48

48

49

49

50

50

51

51

52

52

33333

53

53

Remarks.

(NOTE. Wherever necessary the marginal notes to the sections have been redrafted to accord with the following amendments in the sec- tions.)

Sub-section (1) redrafted to provide in certain cases for the fumigation of a ship before or during the discharge of cargo and for a subsequent fumigation if during or after the discharge live rats are still found, only one of the fumigations being charged to the ship.

Marginal note redrafted.

Redrafted and expanded on the lines of Article 28 of the International Sani- tary Convention, 1926.

"or destroyed at his discretion" deleted in

line of paragraph (iv).

54 to 57

54 to

57

58

58

1.

Vessels or aircraft which during the voyage had, or at the time of their ar- rival have, a case of smallpox on board for Smallpox infected vessels or aircraft in first line.

66

"J

2 "or destroyed at his discretion" deleted

in last line of paragraph (iv).

235

59 to 76

59 to 76

77

77

"any" added in first line.

20.88

78 to 79

78 to 79

80

"drivers" added in fifth line.

deleted in sixth line.

"cart or"

81 to 83

81 to 83

84

84

85

85

86

86

87

888

88 to 93

94

95 to 106

107

87

88 to

888

94

93

95 to 106

107

1 "the Schedule or its equivalent in Chin- ese characters" for 'Schedule A" in second line of sub-section (2).

2.

not exceeding two hundred dollars" added in sub-section (2).

under

>>

observation for tine in first line.

in quaran-

either generally or specially," added in

second line.

""

under observation for in quaran-

tine".

observation forbe quarantined ".

Sub-section (2) added.

:

*

2069

Table of Correspondence,-Continued.

Remarks

New Ordinance.

Section.

Ordinance No. 12 of

(NOTE. Wherever necessary the marginal notes to the sections have been

1935.

redrafted

to

accord with the

Section.

108

108

Schedule Schedule

2.

following amendments in the sec- tions.)

Redrafted to bring the Ordinance into

operation on 1st February, 1936.

家居

1. "A" deleted after Schedule

3.

C

Quarantine and Prevention of Dis-

ease Ordinance, 1936" added in cen- tral column.

""

44

observation for quarantine in fourth line of the undertaking in cen- tral column.

4. Side columns and back revised so as to

avoid using the word "undertaker" as the equivalent of the person giving the

undertaking.

2070

[No. 35-29.11.35.-2.]

A BILL

Short title.

Interpreta- tion.

Authorised Firing

Areas. First

Schedule,

Firing

and Notices.

INTITULED

An Ordinance to regulate Practice Firing from Hong Kong Defences and for clearing of certain Sea Areas in connection therewith.

WHEREAS it is necessary, from time to time, to carry out practice firing with projectiles from some or all of the defences of Hong Kong, and it is necessary to make provision for the safety of shipping and all persons who may be affected thereby :

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Defences (Firing Areas) Ordinance, 1936.

2. In this Ordinance-

"Vessel" includes ship, yacht, lighter, junk, boat and craft of every kind, and whether navigated by steam, motor, sail, oars or otherwise.

"Aircraft" includes all balloons (whether fixed or free), kites, airships, aeroplanes, seaplanes, flying boats and other flying machines.

3. Subject to the provisions of this Ordinance practice firing from any of the batteries of the Colony may take place over all or any of the Firing Areas described in the First Schedule Provided that when any vessel or aircraft is within danger in any of the Firing Areas, all firing within that area shall cease.

4. (1) A provisional programme of firing from the Programme batteries of the Colony shall be circulated at the commence- Second ment of each firing season by the Officer Commanding, Royal Artillery, Hong Kong, to the persons enumerated in the Second Schedule, such programme being subject to alteration from time to time if necessitated by military requirements.

Schedule.

(2) Such Officer shall also supply to such persons as many charts, showing the Firing Areas, as they may require for posting at their offices or stations.

(3) Such Officer shall also cause to be published notice of intending practice firing and of the Firing Areas affected in the Gazette of the week preceding that in which the firing is to take place and shall supply copies of such notice to the persons enumerated in the Second Schedule, not less than forty-eight hours before the firing commences.

2071

(4) Such notice shall contain warnings to masters of vessels or pilots of aircraft exempt from the operation of this Ordinance under section 10, to assist the carrying out of the firing practice by hastening through the Firing Area affected or by consenting to be towed out of such area, if necessary, by any vessel acting under the orders of the local Military Authorities.

5.-(1) Notice that firing is taking place in any of the Firing Firing Areas shall be given by the hoisting or display of the signals. following signals-

A. In respect of firing by day-

(a) by red flag flown by the battery concerned.

(b) (i) For Firing Area A, by a red flag, with below it the International Code Flag "A", flown from Lyemun Typhoon Signal Mast.

(ii) For Firing Area B, by a red flag, with below it the International Code Flag "B", flown from Lyemun and Waglan Typhoon Signal Masts.

(iii) For Firing Area C, by a red flag flown from Aberdeen and Stanley Typhoon Signal Masts.

(iv) For Firing Area D, by a red flag flown from Aberdeen, Cheung Chau and Green Island Typhoon Signal Masts.

(v) For Firing Area E, by a red flag flown from Green Island Typhoon Signal Mast.

(c) by a large red flag on the Range Target Towing Vessel. The display of this flag is a signal that the target is ready to be, or is being, fired at.

B. In respect of firing by night-

(a) by a red lamp hoisted at the battery concerned.

(b) by the appropriate signal referred to in paragraph A, sub-paragraph (b) of this sub-section.

(2) The signals in respect of firing by day shall be hoisted or displayed two hours before firing is due to

commence.

The signals referred to in respect of firing by night shall be hoisted or displayed two hours before sunset.

Signals shall remain hoisted or displayed until firing has ceased, when they shall at once be hauled down or extinguished.

6. While notice that firing is taking place over any of the Firing Areas is given by the hoisting or display of the signals as provided in section 5, then in respect of the areas affected by the said notice-

(i) No person shall enter or remain within the area, nor bring, take or suffer to remain therein any vessel, aircraft or thing, except as provided in section 10.

(ii) No vessel shall be employed in fishing in the area.

(iii) No pleasure boat shall cruise in the area.

Offences while Firing displayed.

Signals are

Offences and provisions relating to

the recovery

of pro- jectiles.

Penalty for offences.

55 & 56 Vict.,

c. 43, s. 17 (2).

Officers authorised

to arrest

or remove

trespassers,

etc.

2072

(iv) No vessel shall anchor or remain anchored in or ground on the area.

(v) No aircraft shall alight on, remain in or travel upon the area.

(vi) In the event of any vessel or aircraft being from any cause within the area, the Master or Pilot or other person in charge thereof shall use his utmost endeavours to pass out of the area without loss of time.

7. No person shall trawl, dredge or search for or other- wise interfere with any shot, shell or other projectile or portions thereof within any of the Firing Areas, or take or retain, or be in possession of, any such shot, shell or other projectile, or portions thereof, found within any of such

areas.

Any person who, when trawling, dredging, or in any manner whatsoever, shall come into possession of any such shot, shell or other projectile, or any portion thereof, within any of the areas, shall not retain it, but shall immediately return it in its existing condition, and without tampering with it, into the water:

Provided, nevertheless, that the provisions of this section shall not apply in cases of persons who recover projectiles under written instructions from the local Naval or Military Authorities.

8.-(1) Any person doing anything prohibited by or otherwise contravening sections 6 or 7 shall be deemed to commit an offence against this Ordinance.

(2) If any person commits an offence against this Ordinance he shall be liable, on summary conviction before a magistrate, to a fine not exceeding fifty dollars, and may be removed by any Officer authorised by section 9 from the areas to which the Ordinance applies, and taken into custody without warrant, and brought before a magistrate to be dealt with according to law, and any vessel or thing found in the areas in contravention of this Ordinance may be removed by such Officer as aforesaid and on due proof of such contraven- tion may be declared by a magistrate to be forfeited to His Majesty.

9. The following officers are hereby authorised to remove or to take into custody without warrant any person contravening sections 6 or 7, or to remove any vessel, aircraft or thing found on any area affected:-

(i) the officer in charge of the batteries, that is to say the Officer Commanding, Royal Artillery, Hong Kong;

(ii) any officer, warrant officer, non-commissioned officer or military policeman, for the time being under the command of the said officer in charge of the batteries;

(iii) any person authorised in writing under the hand of the said officer in charge of the batteries; or

(iv) any police officer.

2073 ·

10. This Ordinance shall not apply to-

(a) any vessel entering or passing through the areas affected in the ordinary course of navigation from one port to another.

(b) any vessel compelled to enter or unable to quit the areas affected by reason of the exigencies of navigation.

(c) any vessel when racing, provided due notice of the racing fixture has been given not less than forty-eight hours previously to the Officer Commanding, Royal Artillery, at Military Headquarters, China Command, Hong Kong.

(d) any vessel employed in tending, placing or replacing mark buoys or other aids to navigation within the areas affected.

(e) His Majesty's Ships of War, His Majesty's Aircraft, or any vessel or aircraft employed under Admiralty, War Office, or Air Council Authority or under the Government of the Colony.

(f) any aircraft compelled to alight on or unable to quit the areas affected.

(g) any foreign vessel when outside territorial waters.

Exemptions.

ment.

11. This Ordinance shall not come into operation until Commence- such date as the Governor shall notify by Proclamation as the commencement of this Ordinance.

FIRST SCHEDULE.

[s. 3.]

Firing Areas.

(a) Firing Area A:-

The sea area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at light marking Harbour Boundary (latitude 22° 17′ 23′′-longitude 114° 14′ 03′′), thence following High Water Mark along western shore of Junk Bay to latitude 22° 18′ 24′′-longitude 114° 15′ 05′′, thence across Junk Bay to latitude 22° 18′ 44′′-longitude 114° 15′ 45′′, thence following High Water Mark along eastern shore of Junk Bay to latitude 22° 16′ 46′′-longitude 114° 16′ 28", thence to Junk Island at latitude 22° 16′ 46′′-longitude 114° 16′ 18′′, thence following High Water Mark along southern shore of Junk Island to latitude 22° 16′ 38′′-longitude 114° 15′ 44′′, thence across to Lao Shui Pai (latitude 22° 16' 36"-longitude 114° 14′ 23′′), thence following High Water Mark northward to light marking Harbour Boundary (latitude 22° 17′ 10′′-longitude 114° 13′ 57′′), thence across Lyemun to starting point.

(b) Firing Area B:-

The area included in this Firing Area is bounded as follows:·

By a line starting from High Water Mark at Cape Collinson (latitude 22° 15′ 48′′-longitude 114° 15′ 48′′), thence across to Slope İsland (latitude 22° 15′ 50′′-longitude 114° 16′ 21′′), thence follow-

2074

ing High Water Mark along southern shore of Slope Island and northern shore of Tai Miu to Fo Tau Point (latitude 22° 15′ 42′′- longitude 114° 17′ 53′′), thence on a bearing of 98° to latitude 22° 14′ 48′′-longitude 114' 25′ 15′′, thence on a bearing of 218° to latitude 22° 08′ 42′′-longitude 114° 20′ 00′′, thence to the northern end of Waglan Island (latitude 22° 11′ 25′′-longitude 114° 18′ 14′′), thence to Tai Long Head (latitude 22° 12′ 33′′-longitude 114° 15′ 33′′), thence northward following High Water Mark to starting point.

(c) Firing Area C:--

The area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at Bluff Point (latitude 22° 11′ 46′′-longitude 114° 12′ 42′′), thence following High Water Mark along the southern shore of Tai Tam Peninsula to latitude 22° 11′ 50′′-longitude 114° 13′ 15′′, thence to Beaufort Island at latitude 22° 11′ 22′′--longitude 114° 14′ 32′′, thence follow- ing High Water Mark along the western and southern shores of Beaufort Island to latitude 22° 10′ 52′′--longitude 114° 14′ 48′′, thence across to Pu Toi Island at latitude 22° 10′ 00′′ longitude 114° 15′ 08′′, thence across to North East Head on Tamkan Island (latitude 22° 04′ 00′′--longitude 114° 19′ 10′′), thence following High Water Mark along northern shore of Tamkan Island to latitude 22° 01′ 32′′-longitude 114° 13′ 02′′, thence across to Lingting Island at latitude 22° 06′ 52′′- longitude 114° 02′ 30′′, thence across to Un Kok Point on Lamma Island (latitude 22° 11′ 00′′-longitude 114° 09′ 00′′), thence across East Lamma Channel to starting point.

(d) Firing Area D:-

The area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at Shiktongtsui (latitude 22° 16′ 36′′-longitude 114° 07′ 00′′), thence following High Water Mark southward to Waterfall Bay (latitude 22° 15′ 02′′- longitude 114° 08′ 15′′), thence across East Lamma Channel to Boulder Point on Lamma Island (latitude 22° 14′ 35′′-longitude 114° 07′ 04′′), thence following High Water Mark along the western shore of Lamma Island to Tai Kok Point (latitude 22° 10′ 48′′- longitude 114° 08′ 16′′), thence on a bearing of 180° to latitude 22° 06′ 44′′-longitude 114° 08′ 17′′, thence on a bearing of 270° to latitude 22° 06′ 44′′-longitude 113° 56′ 28′′ thence to Chang Chau Island (latitude 22° 11′ 54′′-longitude 114° 01′ 16′′), thence follow- ing High Water Mark along the eastern shore of Chang Chau Island to latitude 22° 13′ 32′′-longitude 114° 02′ 03′′, thence across to Papai Island at latitude 22° 14′ 36′′-longitude 114° 02′ 40′′, thence following High Water Mark along the eastern shore of Papai and Chau Kung Islands to latitude 22° 15′ 56′′-longitude 114° 03′ 09", thence across to Kau I Chau Island at latitude 22° 17′ 00′′-longitude 114° 04′ 48′′, thence across to starting point.

(e) Firing Area E:-

The area included in this Firing Area is bounded as follows:

By a line starting from High Water Mark at western end of Stonecutters Island (latitude 22° 19′ 10′′-longitude 114° 07′ 48′′), thence across to Green Island (latitude 22° 17′ 14′′-longitude 114° 06′ 36′′), thence across to eastern shore of Lantau at latitude 22° 17′ 40′′ longitude 114° 01′ 32", thence following High Water Mark along the eastern shore of Lantau to latitude 22° 20′ 14′′- longitude 114° 03′ 32", thence across to Chung Hue at latitude 22° 19′ 40′′-longitude 114° 05′ 32", thence following High Water Mark along the southern shore of Chung Hue to latitude 22° 20′ 00′′ - longitude 114° 06′ 27′′, thence across to starting point.

2075

SECOND SCHEDULE.

[s. 4.]

List of Persons to be supplied with programmes, notices and charts.

The Colonial Secretary.

The Director of Public Works.

The Harbour Master.

The Inspector General of Police.

The District Officer, Southern District.

The Commodore in Charge of Naval Establishments, Hong Kong. The Officer Commanding, Royal Air Force Station, Kai Tak. The Secretary, Royal Hong Kong Yacht Club.

Objects and Reasons,

1. This Bill, prepared at the request of the Military Authorities, is based on certain draft Bye-laws printed by His Majesty's Printers under the authority of His Majesty's Stationery Office in 1932 as intended to be made by His Majesty's Principal Secretary of State for War under the provisions of the Military Lands Acts, 1892 to 1903. with the consent of the Board of Trade and of the County Council of Cornwall for regulating firing from certain of the Plymouth Defences.

2. A Table of Correspondence between the Bill and the draft Bye-laws in question and the draft notices annexed to such Bye-laws is attached.

December, 1935.

C. G. ALABASTER,

Attorney General.

2076-

TABLE OF CORRESPONDENCE

BETWEEN

The Defences (Firing Areas) Bill and the draft Plymouth Defences

Bye-laws and the draft Notices annexed thereto.

Bill clause.

Draft Plymouth Defences bye- law or notice.

Preamble.

1

2

B 8

3

B 6

Remarks.

B indicates the number of the draft bye-law adapted. N indicates the paragraph of the draft notice adapted.

A preamble is considered desirable.

Short title.

"junk" added in definition of

"vessel".

The proviso only is taken from the draft bye-law, the remainder of the section is new.

Second paragraph.

4 (1)

N (3)

(2)

N (7)

Adapted.

(3)

N (4)

Adapted.

(4)

N (6) (b) and

Adapted.

N (8)

5 (1)

B 3

First paragraph adapted.

(2)

B 3

Second paragraph adapted.

"two hours" for "one hour".

"vehicle, animal" omitted in para (i).

6

B 2

7

B 4

8 (1)

B 5

First paragraph.

(2)

N (1) and 55 &

"vehicle, animal" omitted.

56 Vict., c. 43,

s. 17 (2).

B 5

9

10

B 7

Second paragraph adapted.

"from one port to another" added in

para. (a) or under the Govern- ment of the Colony" added in para. (e).

11

B 9

Adapted.

First

B Schedule

Adapted.

Schedule.

Second Schedule.

N (4)

Adapted.

سو

2077

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 408.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

20th December, 1935.

Authority.

Notification No. 729 of 23rd September, 1935.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 409.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

20th December, 1935.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHorn,

Colonial Secretary.

2078

HARBOUR DEPARTMENT.

No. S. 410. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for purchase of Old Sanitary Barges F. G. H. and L.", will be received at the Colonial Secretary's Office until Noon of Friday, the 27th December, 1935.

Further particulars may be obtained from the Assistant Government Marine Sur- veyor's Office, Government Slipway, Yaumati.

The Government does not bind itself to accept the highest or any tender.

• 18th December, 1935.

G. F. HOLE,

Harbour Master, &c

PRISON DEPARTMENT.

No. S. 411. It is hereby notified, with reference to Government Notification No. 698 of 1900, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Prisoners' Provisions, etc", for the supply and delivery of the Articles therein mentioned to the Prison Department, Hong Kong, and the Laichikok Branch Prisons or elsewhere, if required, from the 1st February, 1936, to the 31st January, 1937, inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 3rd day of January, 1936.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $400 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses to carry out his tender.

For form of tender or any other information apply at the Office of the Superintendent, Prison Department.

   The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $2,000.

20th December, 1935.

J. W. FRANKS,

Superintendent.

PUBLIC WORKS DEPARTMENT.

   No. S. 412. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Nullah Training at Sek Hong, New Territories", will be received at the Colonial Secretary's Office until Noon of Friday, the 3rd day of January, 1936. The work comprises excavations for, and the construction of a concrete nullah averaging 35 ft. in width and approximately 2,800 ft. in length, including all contingent

works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

As security for the proper performance of the works under this Contract, the successful tenderer will be required to deposit in cash, a sum of $5,000 with the Colonial Treasury.

18th December, 1935.

R. M. HENDERSON.

Director of Public Works.

F

1

Į

2079

PUBLIC WORKS DEPARTMENT.

  No. S. 413.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Bye-Pass Channel, Tytam Tuk East Catchwater", will be received at the Colonial Secretary's Office until Noon of Monday, the 6th day of January, 1936, for the construction of a bye-pass channel in the Tytam Tuk East Catchwater and contingent works.

  As security for the proper performance of the works under this contract, the suc- cessful tenderer will be required to deposit in cash, a sum of $750 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

18th December, 1935.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

  No. S. 414.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Senior European Staff Quarters at The New Gaol", will be received at the Colonial Secretary's Office until Noon of Monday, the 13th day of January, 1936. The work consists of the erection of three houses and the construction of approach road.

  As security for the proper performance of the works under this contract the success- ful tenderers will be required to deposit in cash a sum of $5,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

17th December, 1935.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Intended Supplementary Dividend.

A

No. 15 of 1934.

Re The Hung Cheong Pawn Brokers, of No. 2 Ko Shing Street, Victoria, in the Colony of Hong Kong, and Lau Chung Hin, the managing partner therein.

Supplementary dividend is intended to

be declared in this matter.

    Creditors who have not proved their debts by the 20th day of January, 1936, will be ex- cluded.

Notice of Intended Dividend.

No. 17 of 1932.

Re Carlos Victor Castro, of 14 Caroline Road, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

FIRST dividend is intended to be de-

Aclared in this matter.

Creditors who have not proved their debts -by the 20th day of January, 1936, will be

excluded.

Dated the 20th day of December, 1935.

W. J. LOCKHART-SMITH,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Thomas Oscar Bernard Harman late of Victoria, in the Colony of Hong Kong, Marine Engineer, deceased.

NOTICE is hereby given that the Court has,

by virtue of Section 58 of the Probates Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 13th day of January, 1936.

All Creditors and others are accordingly hereby required to send their claims to the. undersigned on or before that date.

Dated the 16th day of December, 1935.

JOHNSON. STOKES & MASTER, Solicitors for the Administrator, Prince's Building, Ice House Street, Hong Kong

IN THE SUPREME Court of HONG KONG.

PROBATE JURISDICTION.

In the Goods of Flora Perry otherwise Flora Samuel Perry late of No. 6 Tifeng Road, Shanghai, in China and of Bombay in India, Spinster, deceased.

NOTICE is hereby given that the Court

has, by virtue of Section 58 of the

   Probates Ordinance 1897, made an Order limit- ing the time for creditors and others to send in their claims against the above estate to the 15th day of January, 1936.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 18th day of December, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the sole Executor, Prince's Building, Ice House Street, Hong Kong.

2081

NOTICE OF DISSOLUTION OF

PARTNERSHIP.

NOTICE is hereby given that the Part-

nership existing between W. N. A. Smalley and Wong Lok Hing trading as W. N. A. Smalley & Co., Manufacturers' Agents, has been dissolved as from December 4th 1935, and that the business will be carried on by W. N. A. Smalley, Sole Partner.

Dated the 18th day of December, 1935.

WONG LOK HING,

Retiring Partner. W. N. A. SMALLEY,

Existing Partner.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

Action No. 328 of 1935.

Between Lo Cho Kai trading as the

Yau Tack Hong Firm

TA

and

Wong Man Chau, Wong Man Chun, Wong

Man Kau,

Wong Yuen Pang and Wong Man Ho formerly trading as the Wing Ning Tong partners in the Wing Fook On Firm.

Plaintiff

Defendants.

AKE NOTICE that a Writ of Foreign Attachment has been issued as follows in this action :-

GEORGE THE FIFTH, by the Grace of God, of Great Britain and Ireland and of the British Dominions beyond the Seas, KING, Defender of the Faith, Emperor of India.

To the Bailiff of Our said Court, Greeting:

We command you forthwith to attach all the property, movable and immovable, of the above- named First Defendant, Wong Man Chau, which shall be found within the Colony, and to return this Writ into Our said Court on the 27th day of December, 1935.

WITNESS His Honour, Sir. Alasdair Duncan Atholl MacGregor, Kt. Chief Justice of Our said Court, this 11th day of December, 1935.

L. R. ANDREWES,

Registrar.

The endorsement in the Writ of Summons in the said Action is as follows:-

The Plaintiff's claim is against the Defen- dants for the sum of $2,174.99 being amount due by the Defendants to the Plaintiff for goods sold and delivered, particulars of which are set out hereunder :-

PARTICULARS.

25. 8.35. To goods sold and delivered. $143.21 28. 8.35.

313.79 80.20 142.86 337.54

do.

do.

30. 8.35.

do.

do.

3. 9.35.

do.

114.23

8. 9.35.

do,

34.58

do.

27. 9.35.

do.

83.37 706.68

11.10.35.

do.

218.53

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of William Luke Broun of 3 Maywood House Beckenham Place Park Beckenham in the County of Kent formerly of 1 Cross Roads Southbourne on Sea-Hants England, deceased.

OTICE is hereby given that the Court has,

N by virtue of Section 58 of the Probates

Ordinance 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 15th January, 1936.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 18th day of December, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building, Ice House Street, Hong Kong.

HONG KONG BREWERS & DISTILLERS,

LIMITED.

No

(In Voluntary Liquidation).

OTICE is hereby given that at an Extra- ordinary Meeting of the above-named Company held on Wednesday, the 11th Decem- ber, 1935. the subjoined Resolutions were passed as Extraordinary Resolutions :--

(1) That it has been proved to the satisfaction of the Company that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily under the provisions of the Com- panies Ordinance 1932.

(2, That Mr. S. T. Butlin of Messrs. Linstead & Davis, Chartered Ac- countants, be hereby appointed Liquidator for the purposes of such winding-up.

Dated this 14th day of December, 1935.

S. T. BUTLIN,

Liquidator.

NOTICE.

N pursuance of Section 3 of the Fraudulent

of 1923.

IN of of the

NOTICE is hereby given that Lai Hoi San alias Lai Yik (or Yuk) Po and Lo Lai San both of No. 232, Queen's Road East, 2nd floor, Victoria, in the Colony of Hong Kong, carry- ing on business under the style or firm name of Paris Company otherwise known as Paris Confectionery Co. at No. 507, Queen's Road West, ground floor, Victoria, aforesaid, Confec- tioners (hereinafter called "the Transferors") have agreed to transfer to The Favour Co. of No. 28, Connaught Road Central, 1st floor, Victoria, aforesaid, Confectioners (hereinafter called "the Transferees ") all that the business of the said Paris Co, otherwise known as Paris Confectionery Co., including the goodwill, fixtures, furniture, stock-in-trade and effects on the 14th day of December, 1935.

The Transferees intends to carry on the said business at No. 507, Queen's Road West, ground floor, Victoria, aforesaid, under the $2,174.99 style or firm name of The Favour Co., and will not assume the liabilities incurred in the busi- ness of the Transferors.

Dated the 11th day of December, 1935.

LEO. D'ALMADA & CO.,

Solicitors for the Plaintiff.

Dated the 13th day of December, 1935.

LEO. D'ALMADA & CO.

Solicitors for the parties.

2082

N

IN THE SUPREME COURT

OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 58 of 1935.

In the Matter of Nickel & Lyons Ltd.

and

In the Matter of The Companies Ordin-

ance, 1932.

OTICE is hereby given that the Order

        of the Supreme Court of Hong Kong, dated the 9th day of December, 1935, confirming the reduction of the capital of the above named Company from 2,000,000 Yen to 1,700,000 Yen and the Minute (approved by the Court) showing with respect to the capital of the Company as altered the several particulars required by the above Ordinance, were registered by the Regis- trar of Companies on the 11th day of Novem- ber, 1935. And further take notice that the said minute is in the words and figures follows:

The capital of Nickel & Lyons Limited now is Yen 1,700,000 divided into 80 000 shares consisting of 20,000 shares of Yen 25 each and 60,000 shares of Yen 20 each. At the time

of registration of this Minute the 60,000 shares numbered 1 to 60,000 (inclusive) have been issued and the sum of Yen 20 is to be deemed

to have been paid up on each of such issued shares. The remaining 20,000 shares of Yen 25 each are unissued ".

Dated the 11th day of November, 1935.

   JOHNSON, STOKES & MASTE R, Solicitors for the above named Company

(FILE No. 476 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Monckton

         Hamilton Wyse of 179/180 Piccadilly, London, England, Manufacturer, has the 10th day of October, 1935, applied for the registra- tion in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

EPHAZONE

     in the name of Monckton Hamilton Wyse who claims to be the proprietor thereof.

       The Trade Mark has been used by the Appli- cant in respect of "Medicated Tablets for human use in the treatment of asthma and bronchial track infections ", in Class 3.

Dated the 20th day of December, 1935.

DENNYS & CO.,

Solicitors for the Applicants, No. 8A, Des Voeux Road Central,

Hong Kong.

ORDINANCES FOR 1934.

Pro-

(FILE NO. 403 OF 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

NOTICE is hereby given that Sam Fong Face Powder Factory ( <三鳳 #) of Nos. 163 and 165 Pak Tai Street, Kowloon City, Hong Kong, have, by five applications all dated the 21st day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

LAKTON & HONGKONG

FACE POWDERFACTORY

SAM FONG

TRADE MARK

(2)

AMOLINE BIOMOD

JINA ONO3 WVS

EM

ขวด

ввз и

雞粉鳳三

路九下帶州腐

(4)

金粉凰三

(1)

SAM FONG FACE POWDER FACTORY

CANTON & HONG KONG

湛 學

慈粉緻三

粉班州黃

PERFUME POWDER

(3)

NOLO

*ONDADWON

ABOLOVA MGOMGA LOW SNOJ HYS

VEGADA NA "903 XIN30нd...

•志莊粉鳳三餐

(5)

粉香蛋風

桂粉鳳三

TRADE MARK

LOA FÓL

TRADE MARK

R

FACTORY

FACE POWDER

SAM FONGA

in the name of the said Sam Fong Face Powder Factory, who claim to be the proprietors thereof.

The trade marks have been used by the Applicants in respect of Chinese face powder in Class 48.

The trade marks are associated with one another and with Trade Mark No. 5 of 1930 and with the three trade marks of pending applications No. 360 of 1935.

The registration of the trade marks Nos. (1), (2), (3), and (4) shall give no right to the exclusive use of all the English words and Chinese characters

66

appearing thereon with the exception of the two Chinese characters 孖 "meaning "Double Cash" and the registration of the trade mark

No. (5) shall give no right to the exclusive use of the apple device and of the Chinese characters "" meaning "apple" and of the word "apple

66

BOUND volumes of Ordinances of and of all the English words and Chinese characters appearing thereon with clamations, Regulations, and Orders in Council, Statutes, Commissions etc., for the year 1934, are now ready.

the exception of the two Chinese characters 孖錢 meaning "Double

Price per volume: $3

NORONHA & CO.,

Government Printers,

18, Ice House Street.

Cash ".

Dated the 20th day of December, 1935.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, Bank of East Asia Building, Hong Kong.

(FILE Nos. 405 and 410 of 1935)

TRADE MARKS ORDINANCE 1909.

N

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Sing Chow

Electric Factory, of Watson Road, Causeway Bay, Hong Kong, Manufacturers, have by three applications two of which dated the 26th September, 1935, and one dated the 2nd October, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following three Trade Marks :-

2083

(FILE No. 301 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE NO. 299 OF 1935). TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The National NOTICE is hereby given that Paramount

Trading Corporation, of China Build- ings, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 23rd day of July, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz. :---

AEROPLANE BRAND CEYLON TEAS

MONG

KONG

Productions, Inc., a corporation or- ganized under the laws of the State of Dela- ware, of 100 West 10th Street, Wilmington, County of New Castle, State of Delaware, United States of America, have on the 22nd day of July, 1935, applied for registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark:-

(1)

101

CEYLON

Paramount

THREE RING

(2)

in the name of the said National Trading Corporation, who claim to be the sole proprie- tors thereof.

The Trade Mark has been used since Jan- uary, 1935, by the applicants in respect of Tea, Coffee and Cocoa in Class 42.

The registration of this mark shall give no right to the exclusive use of the map device and of the words "Hong Kong" and "Ceylon " appearing thereon.

Facsimiles of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and also at the Office of the undersigned.

Dated the 15th day of November, 1935.

NATIONAL TRADING CORPORATION, China Buildings,

Hong Kong, Applicants.

in the name of Paramount Productions, Inc., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 1921, in respect of the following goods :-

Motion and sound (Talking) pictures and sound recording devices, their parts and accessories, in Class 8.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Ice House Street,

Hong Kong.

HO

(3)

39

(FILE NO. 524 or 1934)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Cumber-

land Pencil Company Limited, of The Pencil Works, Main Street, Keswick, Cumber- land, England, Manufacturers. a Company duly incorporated under the Laws of Great Britain, have on the 28th day of December, 1934, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

(FILE No. 526 of 1934) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Tamura Kogyo Kaisha Limited, of Sanchome, Kusunokicho, Hiroshima, Japan, on the 5th day of July, 1934, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

DOG

BRAND

  in the name of Sing Chow Electric Factory, who claim to be the sole proprietors thereof.

    The above three Trade Marks are to be registered in Class 8. Trade Mark No. (1) is to be registered in respect of Flashlight tor- ches. Trade Marks Nos. (2) and (3) are to be registered in respect of Flashlight torches and flashlight cells. The above three Trade Marks have not hitherto been used by the applicants but it is their intention so to use them forth- with in respect of the goods mentioned above.

   The applicants undertake not to colour the Three Ring Trade Mark in gold.

Dated the 15th day of November, 1935.

SING CHOW ELECTRIC FACTORY, Watson Road, Causeway Bay,

Hong Kong, Applicants.

CUMBERLAND PENCIL Co.

in the name of The Cumberland Pencil Com- pany Limited, who claim to be the pro ietors thereof.

The Trade Mark has been used by the Ap- plicants since 15th May, 1899, in respect of the following goods :-

Pencils, in Class 39.

The Trade Mark has been declared to be distinctive by order of His Excellency the Officer Administering the Government pur- suant to Section 9 (5) of the Trade Marks Ordinance 1909.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Ice House Street, Hong Kong.

HANEWUMA NE PLUS ULTRA BETWS NO 1

DIAMOND ORILLO EYED

in the name of the said Tamura Kogyo Kaisha Limited, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Needles in Class 13.

The Applicants disclaim the right to the exclusive use of the following:-

The words " NE PLUS ULTRA" The letters "SSS"

The abbreviation "BETWS

爷爷

The abbreviation and numeral "No. 1" either in combination or separately.

Dated the 18th day of October, 1935.

HASTINGS & CO., Solicitors for the Applicants, Gloucester Building, 2nd Floor,

Hong Kong.

2084

(FILE No. 411 OF 1935)

TRADE MARKS ORDINANCE, 1900.

Application for Registration of a Trade Mark.

OTICE is hereby given that The United

States Playing Card Company, Inc., whose registered office is situate at Cincinnati, Ohio, in the United States of America, have on the 26th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MADE

IN U.STÄ.

16°N

CARAVAN

PLAYING CARDS

CARAVAN

(FILE NO. 395 of 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Tim Steung

Company, of No. 80 Bonham Strand East, Victoria, in the Colony of Hong Kong, have on the 12th day of September, 1935, applied for registration in Hong Kong, in the Register of Trade Marks in Class 47 in respect of common soap of the following Trade Mark :-

DOUBLE COCKS

牌老鷄双

in the name of the Tin Heung Company, who

claim to be the proprietors thereof.

The Trade Mark has been used by the appli-

cants since the beginning of 1935.

Dated the 18th day of October, 1935.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

THE UNITED STATES PLAYING CARD CO CINCINNATI, OHIO U S A

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance), Half year, Three months,

$18.00

(do.), (do.),

10.00

6.00

-SAVO DNIAVEI

NVAVIVO

in the name of The United States Playing Card Company, Inc., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 39 in respect of Playing Cards.

The registration of the above Trade Mark shall give no right to the exclusive use of the

Foreign, $6 extra for Postage.

Terms of Advertising.

For 5 lines and under,..

Each additional line,

Chinese, per Character,

Repetitions.

$1.00 for 1st

$0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's isssue.

THE NEW

VEHICLES AND

abbreviations and numerals " No. 491" appear-TRAFFIC

ing thereon either in combination or separately.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 18th day of October, 1935.

LEO. D'ALMADA & CO.,

Solicitors for the Applicants,

No. 67, Des Voeux Road Central,

Hong Kong.

REGULATION

is for Sale at

NORONHA & CO.,

Government Printers

Price: $1 per Copy.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government

2086

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 415.-The following Bills are published for general information :-

[No. 44:-21.11.35. - 4.]

A BILL

Short title.

Interpreta- tion.

Land Officer

may

determine

rent on

application of section.

owner.

Principles

to be

observed in

INTITULED

An Ordinance to make provision for the apportionment of

Crown Rents.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof as follows:-

1. This Ordinance may be cited as the Crown Rents (Apportionment) Ordinance, 1936.

2. In this Ordinance :--

"Crown lease" means any lease granted by the Crown. and includes any instrument whereby the term of a Crown lease may have been extended or the provisions thereof varied.

"Determined rent" means the annual sum determined by the Land Officer under this Ordinance as the amount payable by way of Crown rent in respect of any section of a lot.

"Land Office" means the principal Land Office at Victoria and does not include any district land office.

"Lot" means any piece or parcel of ground situate in the Colony of Hong Kong which has been leased by the Crown and has been registered in the Land Office.

"Section" means any portion or division of a lot which has been, or shall be, assigned or in any other manner alienated or retained on such assignment or alienation for the whole of the term or interest created by the Crown lease thereof, and which has been or shall be registered in the Land Office as a Remaining Portion, Section, Sub-section, Part or Portion of a Lot.

"Owner" in relation to a section means the person whose name is registered in the Land Office as that of the owner or holder of a section and this expression includes a registered mortgagee.

3. Upon the application of a section owner and on pay- ment of the prescribed fees the Land Officer may, in his discretion, determine what annual sum shall be payable to the Crown by way of Crown rent in respect of the section owned by such section owner.

4. (1) The amount of the determined rent of a section. shall in so far as is reasonable bear a like proportion to the determining Crown rent of the lot of which it forms part as the proportion which the area of the section bears to the area of the lot:

rent.

1

2087

Provided that if the Land Officer is satisfied that the rent of any section as the same inay appear in the Crown Rent Roll or in any instrument registered in the Land Office has been fixed substantially in accordance with the principle laid down in this subsection and is fair and reasonable he may accept such rent as the basis for fixing the determined rent.

(2) In any case in which the rent reserved by the Crown lease is expressed in terms of sterling the sterling rent shall for the purposes of this Ordinance be converted into Hong Kong currency at the rate of four shillings and two pence as equivalent to one dollar.

(3) In fixing the determined rent the Land Officer shall add and include such sum, if any, as may be necessary to make the determined rent an even number of dollars.

any

5.-(1) For the purpose of determining the area of lot or section the Land Officer may accept as correct any state- ment as to such area contained in any Crown lease or other instrument registered in the Land Office or contained in any plan annexed to or endorsed upon any such Crown lease or

instrument.

(2) If the Land Officer shall be of the opinion that the area of any lot or section necessary to be ascertained for the purpose of calculating the determined rent is uncertain he may require such lot or section to be surveyed and a plan or certificate showing the area of the lot or section and purporting to be signed by the Director of Public Works or by an officer authorised by him may be accepted by the Land Officer as conclusive evidence of the area of the lot or section. Notice that a survey is required shall be given by the Land Officer to the applicant for determination of the rent and at any time within fourteen days after the giving of such notice the ap- plication may be withdrawn.

(3) The fees for any survey required by the Land Officer under the preceding sub-section shall be paid and borne by the section owner on whose application the rent is to be deter- mined.

Proof of

areas.

tion on

6. When a determined rent is fixed on the application Determina- of a section owner other than the owner of the Remaining application Portion of a lot the proportions of the Crown rent payable of section in respect of other portions of the lot shall not be affected owner not thereby.

to affect remainder of lot.

where

7. When an application for the determination of the Provisions rent is made by the owner of the Remaining Portion of a lot application and the Land Officer shall, in his discretion, decide to make is made such determination the following additional provisions shall apply :-

(a) The Land Officer shall fix the determined rents for and in respect of each and every of the sections of the lot in like manner as if a separate request for determination had been made in respect of each and every of such sections.

(b) The owner of each and every section of the lot shall be bound by such determination in all respects as if he had made application therefor.

by the

owner of the Remaining Portion of

a lot.

Procedure on deter- mination.

Effect of determina- tion.

Correction of errors.

2088

(c) All fees payable under this Ordinance for determina- tion and for any survey required by the Land Officer shall in respect of this section be paid by the owner of the Remaining Portion of the lot, who shall, however, have a right of relief against the other section owners of the lot and shall be entitled to payment from each of them of the fee for registration and survey, applicable to the section of such section owner. A certificate, purporting to be under the hand of the Land Officer and setting forth the sum paid by the owner of the Remaining Portion in respect of such fees, shall, in any proceeding for recovery, be prima facie evidence of such payment.

8. (1) Every determination shall state the determined rent of every section to which it relates and when it does not relate to every section forming part of the lot shall state the Crown Rent of the remainder of the lot as the same may be ascertained from the Land Office records.

(2) Every determination shall be signed by the Land Officer and shall be registered by him in the Land Office against every section in respect whereof the rent is determined and also against the Remaining Portion of the lot.

(3) Notice of every determination shall be published in the Gazette.

9.-(1) On the registration and notification of a deter- mination made under section 6, a section owner, in respect of whose section a determined rent has been fixed, shall hold such section, and shall be deemed to have held such section, as from the date up to which the Crown rent was last paid, subject to the payment of the determined rent as if a separate Crown lease of such section had been granted to such section* owner at the determined rent, such Crown lease containing all covenants (including a covenant to pay the determined rent) and stipulations exceptions reservations powers and con- ditions (including the condition of re-entry) as are contained in the Crown lease of the lot so far as the same shall not be inapplicable to such section.

(2) The rights of the Crown under the Crown lease of the lot against the person or persons in whom is vested any part of such lot in respect whereof a determined rent has not been fixed shall not be affected.

(3) On the registration and notification of a determina- tion made under section 7, all the section owners shall hold such sections, and shall be deemed to have held such sections, as from the date up to which the Crown rent was last paid, subject to the payment of the determined rents as if separate Crown leases of such sections had been granted to such section owners at the determined rents, such Crown leases. containing all covenants (including covenants to pay the deter- mined rents) and stipulations exceptions reservations powers and conditions (including the conditions of re-entry) as are contained in the Crown lease of the lot so far as the same. shall not be inapplicable to such sections.

10. After a determination has been registered and notified in the Gazette no alteration shall be made in it except- as provided by section 11 or to correct merely clerical or mathematical errors.

2089

Revisions.

11.-(1) Any person who is aggrieved by a determina Appeals and tion of the Land Officer made under this Ordinance may appeal to the Governor in Council within one month from the date of the notification of the determination in the Gazette and the Land Officer may at any time apply to the Governor in Council for the revision of a determination, and the Governor in Council may make any such order thereon as he shall think fit including an order as to the payment of the fees for any survey required for the purposes of the appeal or revision.

(2) An order made by the Governor in Council under the provisions of this section shall be final and conclusive and the Land Officer shall register against the property affected such amended determination as may be required to give effect to such order and shall publish in the Gazette notice of such amended determination.

(3) Any person who is aggrieved by the refusal of the Land Officer to make a determination under this Ordinance, may appeal to the Governor in Council within one month from the date of such refusal, and the Governor in Council may disallow such appeal, or direct the Land Officer to proceed with such determination. The decision of the Governor in Council shall be final and conclusive.

12. (1) The fees mentioned in the Schedule shall be Fees and paid for and in respect of the several matters therein stated.

Such fees shall be paid by means of stamps which shall be duly cancelled by the Land Officer.

costs of

survey. Schedule.

1875.

(2) The provisions of the Crown Remedies Ordinance, Ordinance 1875, shall apply to the recovery of fees payable under this No. 6 of Ordinance and the certificate required by that Ordinance shall be signed only by the Land Officer.

13. This Ordinance shall apply to, and come into opera- tion as regards, such lots, areas or districts and as from such date or dates as shall be from time to time appointed by the Governor by Proclamation.

Application and com- of this

mencement

Ordinance.

SCHEDULE.

[secs. 5, 7, 11 & 12. ]

Table of Fees.

For fixing the determined rent of a section on the application

of a section owner

For fixing the determined rent under section 7:

in respect of the Remaining Portion

in respect of each other section

For the registration of a determination in respect of a section.

For the registration of a determination under section 7:

For registration in respect of the Remaining Portion For each other section of the lot in respect of which the

same is registered

For any survey required by the Land Officer or for which payment is ordered by the Governor in Council for each and every section of a lot.

$30.00

$30.00

$ 5.00

$15.00

$15.00

$ 3.00

$20.00

2090

Objects and Reasons.

1. Leases granted by the Crown, of land in this Colony, do not make any provision for apportionment of Crown Rent in the event of subdivision and transfer of a portion of the lot by assignment by the original lessee, who in practice then becomes known as the owner of the Remaining Portion of the Lot.

The original owner of the Remaining Portion, or his legal representative, remains liable to the Crown for the whole Crown Rent due in respect of the Lot and in practice so long as he retains the Remaining Portion he has to collect from the other section owners of the Lot the proportions of Crown rent attributable to their respective sections and pay the whole to the Treasury.

After transfer of the Remaining Portion, it has been the custom of the Crown to look to the owner thereof for the time. being, for payment of the whole Crown Rent due in respect of the Lot, leaving him to collect their proportions from the other section owners.

While the number of subdivisions of Lots remained small this custom caused little inconvenience, but in recent years the number of subdivisions has increased very rapidly and many of the older and larger Lots have been divided into fifty or more separate sections or subsections.

The owners of the Remaining Portions now find it increas- ingly difficult to collect proportions of Crown Rent and many of them, after having paid the whole of the Crown Rent to the Treasury for some time, have ultimately made default.

Many section owners who have always paid to the owner of the Remaining Portion their proportions of Crown Rent, have found that, without their knowledge, the owner of the Remaining Portion has made default.

In case of default the only satisfactory remedy which the Crown at present has, is to exercise its right of re-entry on the whole Lot, and this has been the practice in recent years.

Re-entry involves forfeiture of every portion of the Lot re-entered, and the extinction of all mortgages thereon, which is a serious matter, particularly for trustees who have invested trust funds on the security of house property.

Default in payment of Crown Rent by Remaining Portion owners is becoming more and more frequent and the serious effect of the increasing number of re-entries calls for a remedy.

2. The object of this Ordinance is to enable the Land Officer, in his discretion, on the application of an owner of a portion of a Lot and on payment of the prescribed fees to determine the Crown Rent which shall be payable direct to the Treasury in respect of such portion.

Section 3 provides for the foregoing.

Section 4 provides the principles to be observed in deter- mination. Determination will, in so far as is reasonable, be according to area. Some old Crown Rents were fixed in sterl- ing and these will be converted into local currency, at the rate at which all sterling Crown Rents were converted in 1862. Provision is also made for the addition of such sum, if any, as may be necessary to make the determined rent an even

і

2091

number of dollars. This will facilitate Treasury collection and book-keeping, without loss to the Crown, and the loss to the payer will be negligible.

Section 5 makes provision for proof of area.

Section 6 states the result of determination, on the ap- plication of a section owner other than the owner of a Remain- ing Portion.

Section 7 states the result of determination on the ap- plication of the owner of a Remaining Portion. Special provision is necessary in this case as at present the Crown looks to the owner of the Remaining Portion for payment of the whole Crown Rent due in respect of the Lot, and he cannot be released from this burden unless determination is also made in respect of each other section of the Lot. Compulsory determination is accordingly imposed in this case on the owners of the other sections of the Lot. The fees are in this as in other cases payable by the applicant for determination, namely the owner of the Remaining Portion, but relief is provided to enable him to recover from the owner of each section the fees applicable to such section.

Sections 8 & 9 specify the procedure on determination and its effect.

Section 10 deals with correction of errors in the deter- mination.

Section 11 deals with appeals to and revision by the Governor in Council.

Section 12 authorises the fees payable in the schedule. Section 13 enables the Governor to appoint different dates for the application of the Ordinance to different lots areas or districts. Some such provision is necessary to prevent the Land Office being disorganised by too many simultaneous applications.

November, 1935.

C. G. ALABASTER,

Attorney General.

2092

Short title.

Amendment

No. 7 of

A BILL

INTITULED

[No. 50 -7.12.35.-2.]

An Ordinance to amend the Coinage Offences Ordinance,

1865.

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

1. This Ordinance may be cited as the Coinage Offences Amendment Ordinance, 1936.

2. Section 11 of the Coinage Offences Ordinance, 1865, of Ordinance is amended by the substitution of the figures and word "8, 9 or 10" for the figures and word "9, 10 or 11" in the second line.

1865, s. 11.

Amendment

of Ordinance No. 7 of

1865, s. 13.

3. Section 13 of the Coinage Offences Ordinance, 1865, is amended by the substitution of a semi colon and the word "or" for the comma at the end of paragraph (3) and by the insertion of the following new paragraph after paragraph (3)

thereof :-

(4) without lawful authority or excuse, imports or receives into the Colony from beyond the seas, or from any part of China, any false or counterfeit coin resembling, or apparently intended to resemble or pass for, any of the King's current copper coin, knowing the same to be false or counter- feit.

Objects and Reasons.

1. Section 2 of this Ordinance corrects a typographical error in the references to the three previous sections (cf. 24 & 25 Vict. c. 99, s. 12) in section 11 of Ordinance No. 7 of 1865, which was made in the authorised 1924 edition of the Ordinances of Hong Kong.

2. Section 3 of the Ordinance adds a new paragraph to section 13 of Ordinance No. 7 of 1865 making the deliberate importation into the Colony of counterfeited King's current copper coin punishable with seven years imprisonment.

3. The King's copper coin is defined in section 2 of the principal Ordinance as including any copper coin and any coin of bronze or mixed metal, and the King's current coin is defined as including any coin whether made of gold, silver, copper, bronze or mixed metal, coined in any mint in His Majesty's dominions or any such coin lawfully current, by virtue of any proclamation or otherwise, in any part of His Majesty's dominions whether within this Colony or otherwise.

2093

4. The new paragraph added to section 13 of the principal Ordinance follows mutatis mutandis the wording of section 6 which made the deliberate importation of counterfeited King's current gold or silver coin punishable with imprisonment for life.

5. The absence hitherto of any provision relating to the King's copper coin corresponding to section 6 of the principal Ordinance (which was based on section 7 of the Coinage Offences Act, 1861) was probably due to the fact that the importation of spurious cents or pence was unlikely.

6. Now, however, since ten cent and five cent pieces made of cupro-nickel have been authorised by Proclamation No. 4 in the Hong Kong Government Gazette Extraordinary of the 9th November, 1935, it has been found that the new coins are being counterfeited and imported and it is necessary to deal with that situation.

December, 1935.

C. G. ALABASTER,

Attorney General.

7

2094

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 416.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Bangkok.

Quarantine and/or Disinfection at the discretion of

the Health Officer.

Authority.

Notification No. 729 of 23rd September, 1935.

W. T. SOUTHORN,

Colonial Secretary.

27th December, 1935.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 417.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

27th December, 1935.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

2095

POLICE DEPARTMENT.

  No. S. 418.-In view of the approaching Chinese New Year, it is hereby notified that His Excellency the Governor has given permission for Fireworks, not being unlawful fireworks, to be kindled, discharged or let off within the portions of the Colony enumerated in Part I of the following Table within the respective times set opposite such portions in such Part I, subject nevertheless to the exceptions, prohibitions and restrictions set out in Part II of the said Table.

Part I.

TABLE.

Portion of the Colony.

(Subject nevertheless to the exceptions and prohibitions and restrictions set forth in Part II of this Table).

In the Island of Hong Kong:-

(1) All that area within and bounded by a line from the entrance to the Royal Naval Hospital in Queen's Road East to Kennedy Road, along Kennedy Road to a line running immediately behind and parallel to Hing Wan Street, thence along this line to Stone Nullah Lane, down Stone Nullah Lane to Queen's Road East, along Queen's Road East to Tai Yuen Street by Tai Yuen Street and O'Brien Road to Gloucester Road, along Gloucester Road to Stewart Road, and thence by Stewart Road and Heard Street to the boundary of the Public Works Department Store.

(2) All the area within and bounded by Leighton Hill Road, to Caroline Road, to Shaukiwan Road, along Eastern Hospital Road, to Tai Hang Road, along Tai Hang Road to Stubbs Road, to Morrison Gap Road, to Morrison Hill Road, and back to Leighton Hill Road.

The streets and roads or portions thereof, as the case may be, through which boundary lines pass are included within the areas.

In Kowloon :-

(3) All that portion of the Kowloon Peninsula.

south of Austin Road.

(4) The area within (and including) the following

boundary,-

Nathan Road from Austin Road to Boundary Street, thence Boundary Street to the Railway Line, thence the Railway Line to the Northern end of Kowloon Tong, thence Cornwall Road to Waterloo Road, thence Waterloo Road to Prince Edward Road, thence Prince Edward Road to Argyle Street, thence Argyle Street to Waterloo Road, thence Waterloo Road to No. 4 Railway Bridge, thence the Railway Line to Chatham Road, thence Chatham Road to Austin Road.

The whole of Jordan Road is included within the boundary.

Permitted times.

(1) and (2), From 11 p.m. on Thursday, the 23rd Jan- uary, 1936 to 1 a.m. on Friday, the 24th January, 1936.

From 8 a.m. to 9 a.m. and

from 5 p.m. to 6 p.m. on Friday, the 24th January, 1936.

From 6 a.m. to 8 a.m. on Thursday, the 30th Jan- uary, 1936.

(3) The same times as for areas

(1) and (2) above.

(4) The same times as for areas

(1) and (2) above.

2096

Part I-Continued.

TABLE-Continued.

Portion of the Colony.

(Subject nevertheless to the exceptions and prohibitions and restrictions set forth in Part II of this Table).

In the Colony:

(5) Elsewhere in the Colony.

Permitted times.

(5) From 4 p.m. on Thursday the 23rd January, 1936 to 4 p.m. on Saturday, the 25th January, 1936.

From 6 a.m. to 9 a.m. on Thursday the 30th Jan- uary, 1936.

Part II.

EXCEPTIONS, PROHIBITIONS AND RESTRICTIONS.

No firework shall be discharged within the following area :-

All that area within and bounded by a line along the whole of Ko Shing Street to its western end or junction with Des Voeux Road West, thence along Des Voeux Road West to its junction with Centre Street, thence along Centre Street to its junction with Bonham Road, thence along and including Bonbam Road to a point found by producing the eastern boundary of Pound Lane, thence to and along and including Pound Lane, thence along and including Hollywood Road to its junction with Queen's Road West, thence along Queen's Road West to its junction with Queen's Street, thence along Queen's Street to its junction with Ko Shing Street, the point of commencement. The course of the said line is such that boundary streets and roads not specifically included in the area lie outside it.

No burning firework or other fire shall be thrown above the head, or near any person or inflammable material, and every reasonable precaution must be taken against accident.

The kindling, discharge or letting off of fireworks in or in the vicinity of places of Christian Worship during Divine Service is prohibited.

The firing of Bombs, "Electric" crackers and "Golden Coin" crackers is strictly prohibited.

With reference to the permission hereby notified attention is drawn to the rule set forth in Government Notification No. 79 published in the Government Gazette dated 10th February, 1933, "No person shall make, sell, or have in his possession any firework which explodes on impact, or which contains any explosive ingredient or mixture other than black gunpowder, charcoal, sulphur, saltpetre, aluminium and potassium perch- lorate, or which has in any single container thereof more than 10 grains of any explosive mixture in which potassium perchlorate is an ingredient".

Occupiers of premises are warned as to their liability under the Summary Offences Ordinance, 1932, in particular in respect of any unlawful firing or throwing of fireworks at, on or from their premises.

   The Police have strict orders to summon or arrest persons firing fireworks in contra- vention of the foregoing permission and rule.

T. H. KING,

27th December, 1935.

Inspector General of Police.

2097

號橋再由鐵路至漆咸道復由漆咸道至柯士甸道止爲界週圍所 包括之地方

皇后街交界處又由皇后街至高陛街止(即此界線之起點)爲界週圍 所包括之地方

佐頓道全條計在界内

以上界內燃放爆竹時間照上第一二欸

(五)香港九龍其他各處准放爆竹時間如下

一九三六年正月廿三號星期四日(除夕)下午四點起至正月廿 五號星期六日(年初二)下午四點止

一九三六年正月三十號星期四日(人日)由上午六點起至上午 九點止

第 二 項

限制章程

下開地界內不准燃放爆竹

界線之街道其未聲明作爲界内者均作界外計

凡燃著之爆竹或別種燃著之物不得抛過人頭上或抛近人身或擲近

惹火之物又須極力提防以免有意外之事

凡基督教堂附近於該敎堂叙集祈禱演講時不准燃放爆竹

凡地雷炮電光炮金錢炮均嚴禁燃放

居民人等對於特准燃放爆竹須注意一九三三年二月十日第七十九 號憲示所載各章程茲將該章程開列於後

凡爆竹烟花如係一觸即炸者或含有爆炸原料而非祗黑火藥堅炭 磺鋁及鹽鉀等混合質者又或每一藥引含有鹽鉀之爆炸混合質重量 超過十英釐者無論何人均不得製造售賣或存貯

凡居民人等燃放及拋擲爆竹如有違例之處均可按照一千九百卅1 年簡易罪名則例控告

由高陞街起一直線至其西便街尾止卽該街與德輔道西會合處復由 該處沿德輔道西直至與正街會合處止又由正街起直至般含道止 沿般含道(該道亦包括在內)直至磅里東便直線與般含道相接連之 處由此里通至荷理活道與皇后大道西交界處又由皇后大道西至與

又經嚴令警察對於燃放爆竹烟花如有違犯上開章程者定必拘拿戒 控告

廿七日

一千九百卅五年

十二月

2098

計 開

時間表

警察總監經 佈告事現奉

督憲令開舊歷元旦將屆特准本港居民人等於下開時間表内第一項

所列地方依照該項規定之時間燃放爆竹(惟違例之爆竹烟花則不 在特准之內)仍須遵照該表内之第二項各限制章程辦理等因奉此 合行佈告俾衆週知此佈

第一項

特准燃放爆竹地界如下(惟仍須遵照本表第二項各限制章程辦理) 香港方面

(一)由皇后大道東海軍醫院門前起至堅尼地道沿堅尼地道至慶雲 街後便落石水渠街至皇后大道東沿皇后大道東至太原街沿太 原街及柯擺連道至高士打道沿高士打道至史名城道復沿史多 域道及克街至工務局貨倉止爲界週圍所包括之地方

(二)由禮頓山道起至加路連道復至筲箕灣道沿東華醫院道至大坑

道沿大坑道至史塔士道復至馬禮遜山峽道及馬禮遜山道轉向 禮頓山道止爲界週圍所包括之地方

上開界邊街道或其一部份均作界内計

以上界內各處准放爆竹時間如下

一九三六年正月廿三號星期四日(除夕)下午十一點起至翌日 正月廿四號星期五日上午一點止

一九三六年正月廿四號星期五日(元旦)由上午八點起至上午 九點止又由下午五點起至下午六點止

一九三六年正月號星期四日(人日)由上午六點起至八點止 九龍方面

(三)九龍半島柯士甸道以南各處地方

以上界內燃放爆竹時間照上第一二欸

(四)下開界内各處(界邊街道亦計在内)

由柯士甸道沿彌敦道至界限街由界限街至鐵路由鐵路至九龍 塘之北盡頭處轉環康和道窩打老道由窩打老道至英皇子道 至亞皆老街由亞皆老街復至窩打老道由窩打老道至鐵路第

2099

HONG KONG NAVAL VOLUNTEER FORCE.

No. S. 419. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Supply of Uniform to Hong Kong Naval Volunteer Force", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 15th day of January, 1936. The Uniform to be supplied is set out in the :-

Schedule "A" for Winter Uniform (including Mess Dress).

Schedule "B" for Suinmer Uniform (including Mess Dress).

Schedule "C" for Uniform for Petty Officers (Winter and Summer).

Schedule "D" for Uniform for Ratings (Winter and Summer).

For form of tender, specification and further particulars apply at the Office of the Force, 6, Des Voeux Road Central, 4th floor.

The Government does not bind itself to accept the lowest or any tender.

24th December, 1935.

A. L. SHIELDs,

Commanding Officer,

H. K. N. V. F.

PUBLIC WORks DepartMENT.

No. S. 420.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Mild Steel Pipes and Specials, Shing Mun Valley Scheme", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 7th day of January, 1936, for the supply of mild steel pipes and specials for the 2nd 24" diameter Trunk Main, Shing Mun Valley Scheme (2nd Section).

As security for the proper performance of the works under this Contract the successful tenderer will be required to deposit in cash a sum of $10,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender,

24th December, 1935.

R. M. HENDERSON,✰

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

 No. S. 421.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of January, 1936, at 3 p.m.

 Intending bidders are advised that immediately after the disposal of the lot the purchaser will be required to deposit with an authorised officer who will be present at the sale, the sum of two hundred dollars, $200 in cash. This sum will be refunded on payment of the purchase price.

Full Particulars and Conditions may be obtained at this Office.

2099

HONG KONG NAVAL VOLUNTEER FORCE.

No. S. 419. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Supply of Uniform to Hong Kong Naval Volunteer Force", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 15th day of January, 1936. The Uniform to be supplied is set out in the :-

Schedule "A" for Winter Uniform (including Mess Dress).

Schedule "B" for Suinmer Uniform (including Mess Dress).

Schedule "C" for Uniform for Petty Officers (Winter and Summer).

Schedule "D" for Uniform for Ratings (Winter and Summer).

For form of tender, specification and further particulars apply at the Office of the Force, 6, Des Voeux Road Central, 4th floor.

The Government does not bind itself to accept the lowest or any tender.

24th December, 1935.

A. L. SHIELDs,

Commanding Officer,

H. K. N. V. F.

PUBLIC WORks DepartMENT.

No. S. 420.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Mild Steel Pipes and Specials, Shing Mun Valley Scheme", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 7th day of January, 1936, for the supply of mild steel pipes and specials for the 2nd 24" diameter Trunk Main, Shing Mun Valley Scheme (2nd Section).

As security for the proper performance of the works under this Contract the successful tenderer will be required to deposit in cash a sum of $10,000 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender,

24th December, 1935.

R. M. HENDERSON,✰

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

 No. S. 421.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of January, 1936, at 3 p.m.

 Intending bidders are advised that immediately after the disposal of the lot the purchaser will be required to deposit with an authorised officer who will be present at the sale, the sum of two hundred dollars, $200 in cash. This sum will be refunded on payment of the purchase price.

Full Particulars and Conditions may be obtained at this Office.

2100

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Contents

of

Registry No.

Locality.

in

Annual Upset

Sale.

Sq. feet.

Rent. Price..

N.

S.

E.

W.

1

New Kowloon

Inland Lot No. 2479.

Adjoining

New Kowloon Inland

Lot No. 1136, Boundary Street, Kau Lung Tsai.

27th December, 1935.

feet.

feet. feet.

feet.

€9-

About

As per sale plan.

16,500

190 8,250

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 404.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for The New Hospital at Stanley Gaol", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of December, 1935. The works consist of the erection of a New Hospital at Stanley Gaol in brickwork, with a separate sewage system and covered way.

   As security for the proper performance of the works under this contract the successful tenderers will be required to deposit in cash a sum of $5,000 with the Colonial Treasury.

No work will be permitted on Sunday.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th December, 1935.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 405.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Stanley Water Supply-Covered Service Reservoirs at Stanley", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of December, 1935, for the construction of two Covered Service Reservoirs, one near the New Gaol, and one near Stanley Mound, and Contingent Works.

   As security for the proper performance of the works under this contract the suc- cessful tenderer will be required to deposit in cash a sum of $1,500 with the Colonial Treasury.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

11th December, 1935.

R. M. HENDERSON,

Director of Public Works.

2103

C

A

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Intended Dividend.

No. 14 of 1932.

Re Wong Wing Yuet, of No. 24, Stanley Street, (First Floor), Victoria, in the Colony of Hong Kong, Clerk.

THIRD and final dividend is intended to

be declared in this matter.

Creditors who have not proved their debts

by the 27th day of January, 1936, will be excluded.

Dated the 27th day of December, 1935.

W. J. LOCKHART-SMITH,

NOTICE

(FILE No. 463 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Boie Laboratories Federal Inc. U. S. A. of Hong Kong and Manila, P. I. have on the 14th day of November, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

CONTENTS 4 OUNCES |

康新

SARGON

之效舞钶爽门此 ARZAT

***

WERE

欧想用

Official Receiver.

肺内在科技资 穎神虧血就不應 饮每餐立之版凿 掌等功吸

S

1**

SO

***

#t

荒诞热治作芏腺

·健康體人加

SARGON

A STOMACHIC AND

ALTERATIVE TONIC

of proven merit, con taining ingredients known to be valuable

A

A valuable Tanic to improve the appetite,

assist digestion and to increase weight STMILATES THE LIVER AND GLAMMOLAR ACTIVITY

IN THE SUPREME COURT OF HONG KONG.

MISCELLANEOUS PROCEEDINGS

No. 63 of 1935.

In the Matter of The National Com- mercial and Savings Bank, Limited.

and

In the Matter of the Companies Ordin-

ance, 1932,

NOTICE is hereby given that a petition

was on the 24th day of December, 1935, presented to the Supreme Court of Hong Kong, by Philip Gockchin, Lo Chung Wan and Mann K. Wong, the Liquidators in the Voluntary Winding up of the above named Company, praying that the Scheme of Arrangement be- tween the unsecured creditors, and members and the Bank may be sanctioned by the Court

for their influence to

• sluggish livar, I-

poverished blood and

teresa glandular

activity, thereby in-

creasing bodily vigor

BOIE LABORATORIES

FLUERAY INC II. S. A NEW TORK any MANILA

MADE IN VERY

PROPRIETARY PRODUCTS ING

in the name of Boie Laboratories Federal Inc., U. S. A. who claim to be the proprietor thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 3-in respect of Chemical substances prepared for the use in medicine and pharmacy.

The applicants disclaims the right to the exclusive use of the chinese characters 新康" and of 貝醫生 (Dr. Boie) appearing thereon

66

either in combination or separately.

A facsimile of the above Trade Mark can be seen at the Offices of the

and that the said petition is directed to be heard Registrar of Trade Marks of Hong Kong.

before the Court sitting at the Supreme Court

on Saturday the 11th day of January 1936, at

10.30 o'clock in the forenoon.

Dated the 24th day of December, 1935.

LO AND LO,

Alexandra Building,

Solicitors for the Petitioners.

NOTICE OF DISSOLUTION OF

PARTNERSHIP.

NOTICE is hereby given that the Part-

nership heretofore subsisting between

us the undersigned carrying on business as Rattan Dealers at No. 339 Queen's Road West, Victoria, in the Colony of Hong Kong, under the style or firm of "Shun Shing Hing Kee (信誠興記) has been dissolved by

mutual consent as from the 20th day of Decem- ber, 1935, so far as concerns the undersigned Ng Shu Pak and Ng Shu Chuen who retire from the said firm.

     All debts due to and owing by the said late firm will be received and paid by the under-

signed Kan Tak Tong (A) alias

Ng Sit Ming (吳夑明), Kwong Yu

Tong (光裕堂) alias Lai Li Shi (黎

Dated the 27th day of December, 1935.

BOIE LABORATORIES FEDERAL INC. U.S.A. 2nd Floor Queen's Building, Hong Kong.

(FILE Nos. 436 AND 441 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Kanji Ohbora, of" 14-banchi, 3-chome,

Umegae-cho, Higashi-ku, Nagoya, Japan, on the 20th day of August,

1935, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz :-

OLYMPUS

李氏)

    ) and Shing Lap Tong (in the name of the said Kanji Ohbora, who claims to be the proprietor alias Cheng Shau Shan () who

will continue to carry on the said business in partnership under the same style or firm of Shun Shing Hing Kee at No. 339 Queen's Road West, aforesaid.

Dated this 20th day of December, 1935.

NG SHU PAK and NG SHU CHUN

by their Attorney NG PAK KIU.

勤德堂 又名 吳夑明 光裕堂 又名 黎李氏 誠立堂 又名 鄭壽山

thereof.

The Trade Mark is intended to be used by the Applicant in respect of

Cotton yarn for sewing, embroidering and knitting in Class 23, Silk yarn for

sewing, embroidering and knitting in Class 30, Artificial silk yarn for sewing, embroidering and knitting in Class 50.

The above Trade Marks in Classes 23, 30 and 50 are to be associated

with each other.

Dated the 22nd day of November, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building,

Hong Kong.

2104

(FILES NOS. 426 AND 499 or 1935) TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Trade Marks.

(FILE No. 320 OF 1935) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft of NOTICE is hereby given that Naaml.202

        Gruneburgplatz, Francfort on Main, Germany, Manufacturers, have on the 14th day of August, 1935, and the 3rd day of October, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

'I so'

**

( 3 )

(2)

Isochrom

(4)

Isopan ISS

in the name of I. G. Farbenindustrie Aktiengesellschaft who claim to be the sole proprietors thereof.

       The Trade Marks have not hitherto been used by the Applicants but it is their intention to use them forthwith, as regards Trade Marks Nos. 1, 2, and 3 in respect of Cinematographic films in Class 8, and as regards Trade Mark No. 4 in respect of Photographic plates and films sensitized in Class 1, and Cinematographic films in Class S.

        Trade Marks Nos. 1, 2 and 3 are to be associated with one another, with Tra de Marks Nos. 227 of 1928, 317 of 1932, 30 of 1935 and 177 of 1935 and also with Trade Mark No. 4 in Classes 1 and 8 of pending applications No. 499 of 1935. Trade Mark No. 4 in Classes 1 and 8 is to be associated the one with the other, with Trade Marks Nos. 227 of 1928. 317 of 1932, 30 of 1935 and 177 of 1935 and with the said Trade Marks Nos. 1, 2 and 3 of pending applications No. 426 of 1935.

         Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of December, 1935.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Kong Kong.

Vennootschap Philips Gloeilampenfa- bricken of Emmasingl 29, Eindhoven, Hol- land, have on the 1st day of August, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

PHILIPS'

in the name of Naamlooze Vennootschap Philips Gloeilampenfabricken, who claim to be the proprietors thereof.

The said Trade Mark has been used by the Applicants since 1923 in Class 8 in respect of Wireless receiving apparatus and parts there- of; thermionic valves; gramophones and parts thereof; radio-gramophones and parts thereof; current rectifiers; sound amplifiers; micro- phones; light measuring instruments; current and voltage indicators; electric transformers ; and photo-electric cells.

The mark has been declared to be distinctive by Order of His Excellency the Governor pursuant to Section 9(5) of the Trade Marks Ordinance 1909.

Facsimile of such Trade Mark can be seen

at the office of the Registrar of Trade Marks and of the undersigned.

Dated this 27th day of December, 1935.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central, Hong Kong.

(FILE No. 389 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Quong Max

Co., of No. 328, Lockhart Road, in the

Colony of Hong Kong, have on the 9th day of September, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

LOA IZZOAVADA

OTATOTATOTATES

TATO

TRADE MARK

脆薯

POTATO CHIPS

ITS DELICIOUS

VLDLVLOLVADIYA

ATOTATOTAS

be the sole proprietors thereof. in the name of Quong May Co., who claim to

Such Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Potato Chips in Class 42.

Registration of this Trade Mark shall give

no right to the exclusive use of the Chinese characters" "TATO" appearing round the border of the

薯脆" and of the word

mark and of the word "TATO" save in the manner shown on the face of the mark.

Dated the 22nd day of November, 1935.

QUONG MAY CO., Hong Kong, Applicants.

}

NOTICE

TAKE Notice that Tung Bui (

1

alias Tung Tak Ki(*)

has this day retired from partnership in the

Tai Cheung Firm(大昌號) of Nos.

142 and 144 Queen's Road Central, Victoria, in the Colony of Hong Kong, and that all his share and interest therein had this day been

assigned to Yeung Cheuk () of Nos.

142 and 144 Queen's Road Central, aforesaid.

Dated the 23rd day of December, 1935.

N

董標 又名 董德基 楊爵

(FILE No. 472 of 1935)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Lee On and Company, otherwise called Lee On

NOTIC

(FILE No. 409 of 1935).

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

【OTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered in the Empire of Japan having a branch office at No. 5 Ice House Street, Victoria, in the Colony of Hong Kong, on the 30th day of September, 1935, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark viz:-

SYLVIA

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors thereof.

                          The Trade Mark is intended to be used by the Applicants in respect Hong of No. 162, Wing Lok Street, Hong of Perfumed Soap in Class 48.

    Kong, Merchants, have on the 26th day of November, 1935, applied for the registration

in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark:-

港香

Dated the 25th day of October, 1935.

HASTINGS & CO. Solicitors for the Applicants, Gloucester Building, Hong Kong.

in the name of Lee On and Company, other-

wise called Lee On Hong, who claim to be the

sole proprietors thereof.

      The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Flour, Pearl Bar- ley and Raisins in Class 42.

     Registration of this Trade Mark shall give no right to the exclusive use of the Chinese characters

appearing thereon.

Dated the 29th day of November, 1935.

Lee On and Co., otherwise called LEE ON HONG,

Hong Kong, Applicants.

(FILE No. 253 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Orient

Paint, Colour and Varnish Co., Ltd., of Shanghai have on 18th day of June, 1935, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

PAINT

COLOUR

CO

(FILE No. 428 of 1935)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Ink Company, of No. 544, Nathan Road, Yaumati, Hong Kong, has on the 16th day of October, 1935, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

OTICE is hereby given that Chee Hien

商 標

Trade and Shipping Returns for the month of

Co

November, 1935.

YOMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.

18, Ice House Street.

in the name of The Orient Paint, Colour and Varnish Co., Ltd., who claim to be the sole proprietors thereof.

This Trade Mark is intended to be used in respect of Paints and Varnishes in Class 1.

The two facsimiles shown above are regis- tered as a series of Trade Marks under Section 26 of the Trade Mark Ordinance 1909 and are associated with each other.

Dated this 25th day of October, 1935.

BUTTERFIELD & SWIRE,

Hong Kong. General Agents & Attorneys for and on behalf of

THE ORIENT PAINT, COLOUR & VARNISH CO., LTD.

in the name of Chee Hien Ink Company, who claims to be the sole proprietor thereof.

The Trade Mark has not hitherto been used by Chee Hien Ink Company but it is their intention so to use it forthwith in respect of Inks, Chinese Inks, Gum and Paste in Class 39

Dated the 25th day of October, 1935.

CHEE HIEN INK CO., No. 544, Nathan Road, Yaumati, Hong Kong, Applicants.

PRINTED AND PUBLISHED BY NORONHA & Co., PRINTERS TO THE HONG KONG Government.


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