166
THE HONGKONG GOVERNMENT GAZETTE, 20TH JUNE, 1863.
Council to assesss
Judge shall think the Appellant entitled to relief he shall order the said List or Table to be amended in such manner as may be necessary for giving him relief, and in case he shall have appealed on the ground that the Tenement of any Person is valued below its full and fair annual value the Judge may order the amount at which such Person is rated in the Valuation to be altered in such manner as he shall deem just, and the proper Officer of the Court shall in each of the cases aforesaid forthwith amend the said List or Table accordingly, but the said List or Table shall not be invalidated or altered with respect to any other Persons named therein, and the determination of the said Court shall be final and conclusive.
Governor with ad- XII. After the time so fixed for appeal shall have expired, it shall be lawful for vice of Executive the Governor by and with the advice of the Executive Council to assess all Owners or Owners or Occupiers Occupiers of Tenements as hereinafter provided according to the said List or Table or for Police and Light-amended List or Table in the sums necessary to be levied for the purposes of this Or-
ing rates.
Rates and Assess- ments how to be im-
payable.
dinance, and the rate of assessment so fixed shall be published in the Government Gazette: Provided always that such assessment shall be imposed as from the First Day of January in any one Year to the First day of January in the Year then next succeeding, and shall not in any Year exceed a rate equal to the Expenses of the Police Establishment for such Year so far as relates to the Police Assessment, or a rate equal to One-and-a- half per cent upon the gross amount of the Valuation of the Tenements included in the Police Assessment for the current Year so far as relates to the Lighting Assessment, and such Assessments shall for the purposes of this Ordinance be respectively called "The Police Assessment" and "The Lighting Assessment."
XIII. The said Rates or Assessments may be imposed and levied Yearly, Half- posed and when to be yearly, or Quarterly or at such other times as the Governor with the advice of the Executive Council may think fit, and shall be payable in advance at the Office of the Colonial Treasurer at such times as the Governor with the advice of the said Council may appoint, and at the meeting imposing the same the Governor with the advice aforesaid shall appoint the Days on which such Rates or Assessments shall be payable.
Occupiers to pay
Assessments.
XIV. The Assessments hereinbefore authorized to be imposed shall be levied upon Police and Lighting the Occupiers of Tenements, but deduction shall be allowed for any period during which any Teneinent shall not be let or occupied for Three Months or upwards in any Year, and Owners who shall let for rent or hire Tenements for less than a Year shall them- selves as well as the Occupiers be responsible for the said Assessment applicable to any period less than a Year, and the same may be recovered from such Owner or from such Occupier as may be deemed expedient: Provided always that nothing herein contained shall prevent the said Assessment from being charged and chargeable on and recoverable from the Owners of the Tenements in respect of which such Assessment shall have been made.
Agreements between
not to be affected.
XV. Provided also that nothing herein contained shall be taken to affect any Landlord and Tenant Contract made or to be made between any Owner and Occupier of any Tenement in respect of which it is or may be agreed that the Occupier shall pay and discharge all Rates, Dues, and Sums of money payable in respect of such Tenement or to affect any Contract whatsoever between Landlord and Tenant..
Recovery of Rates.
Ordinances
to be
XVI. If any Person assessed under this Ordinance or by this Ordinance rendered liable to the payment of any Assessment shall refuse or neglect to pay the Assessment hereinbefore authorized to be levied or any part thereof within Twenty-one Days after such Assessment is declared payable by Public Notice given in that behalf in the Government Gazette, it shall be lawful for the Colonial Treasurer or for some Person appointed by him for that purpose to make application to the Court of Summary such Jurisdiction upon an Affidavit setting forth that the said Person has failed to pay Assessment or some part thereof notwithstanding a printed Notice of the time and place at which the same has become payable has been delivered to, or left for him at the Tenement in respect of which such Assessment is made, and the said Court shall thereupon grant a summary Warrant for the recovery of the said Assessment or the part thereof remaining unpaid with the legal interest thereon from the time when the same shall have been declared payable together with the costs in each case incident by law to the recovery thereof.
XVII. This Ordinance, Ordinance No. 12 of 1860, and Ordinance No. 9 of 1862. construed together. shall be construed together and for all requisite purposes be deemed and taken as one Ordinance; and the ways and means for carrying the said lastmentioned two Ordinances into effect shall be provided as prescribed by this Ordinance.