194
THE HONGKONG GOVERNMENT GAZETTE, 6TH APRIL, 1872.
Title.
Preamble.
Nuisances in Thoroughfares and Places adjacent thereto.
Penalty for using Street
Cries.
Offences how to be dealt with.
Penalty for playing Chai-Mui at night.
Boiling Oil and offensive or dangerous
Trades.
HONGKONG.
ANNO TRICESIMO QUINTO VICTORIA REGINE.
SIR RICHARD GRAVES MACDONNELL, K.C.M.G., & C.B., Governor and Commander-in-Chief.
Appeal in certain Cases.
No. 2 of 1872.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to prevent certain Nuisances.
W
[5th April, 1872.] HEREAS the Laws hitherto in Force have failed to prevent effectually certain Nuisances in the City of Victoria: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Every Person shall be liable to a Penalty not exceeding Twenty- 'five Dollars, who within the City of Victoria, shall in any Street, Thoroughfare, or Public Place, or in any Place adjacent thereto, commit any of the following Offences, that is to say:
Incorporation
$
(a) Every Person who shall use or cause to be used noisy or creaking Wheelbarrows, or any other noisy, dangerous or annoying Vehicle or Machine whatever.
(b) Every Person who shall wilfully set Fire to any Cracker or other Firework, without previous Permission to do so from the Superintendent of Police.
(c) Every Person who, contrary to any Regulations to be published from Time to Time by the Governor in Council, shall rough dress or cause to be rough dressed, Granite or any other Stone whatever, for the Erection of any Building or any other Purpose.
II. Every Person shall be liable to a penalty not exceeding Twenty-five Dollars who shall use or utter Cries for the Pur- pose of buying or selling any Article whatever, or who shall make any Noise whatever, with the Object of disposing of or attracting attention to his Goods, Wares or Trade, within any District or Place not permitted by some Regulation of the Governor in Council.
III. It shall be lawful for any Constable belonging to the Police Force to take into Custody without Warrant, any Person who shall commit any such Offence within View of any such Constable; or if such Offence shall not have been committed within View of any such Constable, then upon Complaint of any Party who shall have been injured or annoyed by, or been Witness to the Com- mission of any such Offence; and in the Absence of any such Constable, it shall be lawful for the Party so injured or annoyed, or who shall have seen the Offence committed, to seize and detain the Offender until he can be given into the Custody of such Constable, or until he can be taken before a Magistrate.
IV. Every Person shall be liable to a penalty not exceeding Ten Dollars who shall utter Shouts or Cries or make other Noises while playing the Game known as Chai-Mui, between the Hours of 11 F.M. and 6 A.M. within any District or Place not permitted by some Regulation of the Governor in Council.
V. Every Person who without Special Permission from the Governor, shall carry on or conduct the noisome, dangerous and offensive Trade of Boiling Paint Oil with Seed, or any noisy, noisome, dangerous, offensive, or noxious Trade or Business, to the Annoyance, Detriment or Danger of any other Person or of any contiguous Buildings or Premises, shall be deemed to be guilty of a Nuisance and shall upon the Complaint to any Police Magis- trate of the Person so injured or annoyed, or of the Owner or Occupier of the Buildings so endangered or of any Police Constable, be liable to a Fine not exceeding Fifty Dollars.
VI. In any Case when a Fine shall be imposed by the Police Magistrate under the Impression that the Case is one contemplated by the last preceding Section, it shall be lawful for the Person upon whom the Fine has been inflicted to appeal to the Supreme Court and if such Court shall be of Opinion that the Case is one which could not be made the subject of an Action at Law at the Suit of the Person injured or annoyed, or of an Injunction in Equity to restrain the carrying on such Trade or Business, such Fine shall be remitted with or without Costs, as the said Court may think fit.
VII. This Ordinance shall be read as though incorporated with of Ordinance and forming Part of Ordinance No. 14 of 1845.
with No. 14 of 1845.
Passed the Legislative Council of Hongkong, this 5th Day of April, 1872.
L. D'ALMADA E CASTRO,
Clerk of Councils.