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