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Ordinance to take effect by proclamation of the Governor, on petition of majority of rate-payers,
Rate-payers to elect assessors.
Assessors to choose tepo.
Mode of election.
Qualification of electors and assessors.
Assessors to fix salary of tepo.
Expense how to be defrayed.
Application of surplus funds.
ORDINANCE No. 3 OF 1853.
Chinese Tepos.
WHEREAS it is expedient, and to extend their usefulness, it is desirable that the voluntary fees now paid by Chinese householders for the support of the said tepos be made rateable and compulsory: Be it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Whenever the majority of rate-payers in any district for which a tepo has been appointed under the said Ordinance No. 13 of 1844, shall, by petition to the Governor, declare their wish to adopt the provisions of this Ordinance, the Governor may by proclamation declare that this Ordinance shall be in force in the said district; and before such proclamation this Ordinance shall not apply to any such district.
2. After proclamation so made, the rate-payers of the said district shall elect from among themselves not less than five nor more than twelve persons, whose names they shall submit to the Governor for his approval, and after approval such persons shall, for one year from the date of such approval, and afterwards until their successors be chosen, become assessors of the district: And should a less number than twelve be chosen and approved, the Governor may nominate fit persons to fill the vacancies. The Governor may also from time to time direct that any vacancy occurring afterwards among the said assessors be filled in like manner by election and approval, and in default of election within a time to be fixed by him, may himself nominate persons to fill the vacancies.
3. The assessors so approved and nominated shall by a majority of votes choose one of their number to be tepo, and such person after approval by the Governor shall be tepo of the district for one year from the date of such approval, and afterwards until his successor be chosen. Provided that nothing herein contained shall be held to circumscribe the power of appointing such tepo, possessed by the Governor under section 2 of the said Ordinance No. 13 of 1844.
4. The election of assessors and tepo shall take place not oftener than once a year, at such time and in such manner as the Governor may determine, and the qualification for an elector or assessor shall be the previous occupation during one year immediately preceding the election of a tenement rated to the Police tax, and the payment of all arrears to the said tax: And all disputes as to qualification or the mode of election shall be determined by the Chief Magistrate.
5. The majority of assessors may from time to time, not being oftener than once in the year, by petition to the Governor declare what salary they consider it necessary that the tepo should receive, and the Governor may thereupon authorize the said assessors to levy on the annual value (as assessed to the Police tax), of all premises in the occupation of Chinese tenants, a rate per cent sufficient to defray the amount of such salary: and from the money so raised the assessors shall pay the salary to the said tepo, reserving the remainder, if any, for such other purposes of public utility as the Governor may sanction. And the Chief Magistrate may enforce the payment of the said rate by distress and sale of the goods and chattels found on the premises of the defaulter, in the manner provided by Ordinance No. 2 of 1845, for the enforcement of the payment of Police rates.