THE HONGKONG GOVERNMENT GAZETTE, 18TH SEPTEMBER, 1869. 417
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for amending the Laws relating to the Construction of Buildings and Prevention of Nuisances in the Colony of Hongkong.
WHEREAS it is expedient that the La Brelating to be
in Hongkong should be amended; Be it therefore enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
Title.
Preamble.
8 of 1856.
I. Ordinance No. 8 of 1856 is hereby repealed; Provided always, Repeal of that all Proceedings commenced or taken under the said Ordi- Ordinance No. nance and not yet completed may be proceeded with under the said Ordinance; and all Contracts or Works undertaken by virtue of the said Ordinance shall continue and be as effectual as if the said Ordinance had not been repealed.
II. This Ordinance may be cited for all Purposes as Hongkong Building Ordinance, 1869.”
"The Short Title.
III. The following Works and Buildings shall be exempt from Exemptions. the operation of this Ordinance :-
1. All Public Buildings and Works;
2. Any and every Building of any kind or description whatever now or hereafter to be erected by Her Majesty's Principal Secretary of State for the War Department on Pre- mises vested in him.
IV. This Ordinance shall come into Force on such Day as Commence- shall hereafter be fixed by Proclamation under the Hand of the ment of Governor.
Ordinance.
V. In the Construction of this Ordinance (if not inconsistent Interpretation with the Context) the following Terms shall have the respective of certain Meanings hereinafter assigned to them, that is to say:-
Terms in this Ordinance.
1. The Word "Wall" shall extend to and include every "Wall.” External Wall, Party Wall, and Cross Wall;
2. "External Wall" shall apply to every outer Wall or External vertical Enclosure of any Building not being a Party Wall; Wall."
3. "Party Wall" shall apply to every Wall used or built "Party Wall."
in order to be used as a Separation of any Building from any
other Building, with a View to the same being occupied by
different Persons;
4. "Cross Wall" shall apply to every Wall used or built "Cross Wall.” in Order to be used as a Separation of one Part of any Build-
ing from another Part of the same Building, such Building
being wholly in One Occupation;
5. " Party Structure" shall include Party Walls, and also "Party Partitions, Arches, Floors, and other Structures separating Structure." Buildings, Stories, or Rooms which belong to different Owners or which are approached by distinct Staircases or separate Entrances from without;
6. The Word "Floor" shall extend to and include every Horizontal Platform forming the Base of any Story, and every Joist, Board, Timber, Stone and Brick, or other Substance constituting the said Platform;
7. The Word "Story" shall extend to and include the Space between the upper Surface of every Floor and the upper Surface of the Floor or (if there be no such Floor, the Ground next below the said first-mentioned Floor;
8. The Word "Works" shall extend to and include the constructing, reconstructing, pulling down, opening, cutting into, adding to, and altering any Building, Wall, Chimney, Stack, Flue, Drain, Sewer, Cesspool, or any Work whatsoever;
9. The Word "Building" shall extend to and include House, Outhouse, or Shed; Warehouse, Manufactory, Work- room, Distillery, and Place of secure Stowage;
every
"Floor."
"Story."
"Works."
Building."
10. The Word "House" shall extend to and include every ** House." Dwelling House, or Shop;
11. Public Building" shall mean every Building used "Public
as a Church, Chapel, or other Place of Public Worship; also Building." every Building used for Purposes of Public Instruction; also every Building used as a College, Public Hall, Hospital,
Theatre, or for any other Public Purposes;
12. "Owner" shall apply to every Person in Possession, "Owner." or Receipt either of the whole or of any Part of the Rents or Profits of any Land or Tenement, or in the Occupation of such Land or Tenement other than as a Tenant from Year
to Year or for any less Term, or as a Tenant at Will;
13. The Expression "Guilty of a Nuisance" shall apply to "Guilty of a and denote any Person guilty of committing or continuing Nuisance." any Nuisance whatsoever, and any Person guilty of permitting
or suffering any Nuisance whatsoever, and any Person guilty of omitting to take all proper and reasonable Means for pro- curing the Abatement of a Nuisance committed and continuing