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THE HONGKONG GOVERNMENT GAZETTE, 7TH SEPTEMBER, 1872.
HONGKONG.
ANNO TRICESIMO SEXTO VICTORIA REGINE.
SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B., Governor and Commander-in-Chief.
No. 10 of 1872.
An Ordinance enacted by the Governor of Hongkong, Title.
with the Advice of the Legislative Council thereof,
to prevent certain Nuisances.
W
[5th September, 1872.]
HEREAS the Laws hitherto in Force have failed to prevent Preamble.
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I. Ordinance No. 2 of 1872, is hereby repealed.
Repealing Clause.
II. Every Person shall be liable to a Penalty not exceeding Nuisances in Twenty-five Dollars, who within the City of Victoria, shall in any Thoroughfares Street, Thoroughfare, or Public Place, or in any Place adjacent and Places thereto, commit any of the following Offences, that is to say: adjacent
(a) Every Person who shall wilfully set Fire to any Cracker
or other Firework, without previous Permission to do so from the Superintendent of Police.
(b) 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.
thereto.
Cries.
111. Every Person shall be liable to a Penalty not exceeding Penalty for Twenty-five Dollars who shall use or utter Cries for the Pur- using Street 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.
IV. It shall be lawful for any Constable belonging to the Police Offences how Force to take into Custody without Warrant, any Person who to be dealt shall commit any such Offence within View of any such Constable; with. 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.
V. Every Person shall be liable to a Penalty not exceeding Penalty for Ten Dollars who shall utter Shouts or Cries or make other playing Noises while playing the Game known as Chai-Mui, between Chai-Mui at the Hours of 11 P.M. and 6 A.M. within any District or Place not
Night. permitted by some Regulation of the Governor in Council.
'Trades.
VI. Every Person who without special Permission from the Boiling Oil Governor, shall carry on or conduct the noisome, dangerous and and offensive offensive Trade of Boiling Paint Oil with Seed, or any noisy, or dangerous 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: Provided that nothing in this Section contained shall be held or construed to interfere with any existing Rights and Remedies against Persons carrying on any of the said Trades whether with or without the special Permission of the Governor.
VII. In any Case when a Fine shall be imposed by the Police Appeal in Magistrate under the Impression that the Case is one contemplated certain Cases. 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.
VIII. This Ordinance shall be read as though incorporated with Incorporation and forming Part of Ordinance No. 14 of 1845.
Passed the Legislative Council of Hongkong, this 5th Day of September, 1872.
L. D'ALMADA E CASTRO,
Clerk of Councils.
of Ordinance with No. 14 of 1845.