HONGKONG.
Will to Pandit 15
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ANNO DECIMO NONO VICTORIE REGINÆ.
No. 12 of 1856.
BY His Excellency Sir Jous BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance to regulate Chinese Burials, and to prevent certain Nuisances, within the Colony of Hongkang.
[12th June, 1850.]
Whereas the increase of Population and Buildings in the City of Victoria has made it necessary to provide other arrangements for the Interment of the Dead, and whereas there exist certain Nuisances which the Laws hitherto in force have failed effectually to prevent: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, in manuer following, that is to say :--
Preamble.
Interpretation of
I. For the construction as well of this Ordinance as of Ordinance No. 14 of 1845, the Ordinance No. 2 of 1854, the Ordinance No. 8 of 1856, and the Ordinance No. 11 of 1856, the following Rules of Coustruction terms. shall be observed in addition to whatsoever other Rules are by the said Ordinances respectively provided, that is to say ---
The expressions "Public Officer" or "Public Department" shall extend to and include His Excel- "Public Officer" or Jency the Governor and every Officer or Department invested with or performing duties of a public nature, "Department." whether under immediate control of His Excellency or not.
The expression Lawful Authority" shall extend to and denote any Permission which may be law- «Lawful Authority." fully given by a Public Officer or Department or by a Private Person,
Where no specific Description is given of the Ownership of any Property, the word "Property" shall
be taken to apply to all such Property of the kinds specified, whether owned by the Crown, by a Public Department, or by a Private Person.
"Property."
The Governor in
II. It shall be lawful for His Excellency in Executive Council from time to time to select and appoint, and by advertisement in the Hongkong Government Gazette to notify, sufficient and proper Places to be the Executive Council to Sites of, and to be used as, Cemeteries or Places of Burial for the Chinese; and from time to time to alter, vary, nese Cemeteries, &c.
appoint Sites for Chi- and repeal the said Notifications by others, to be advertised in the like manner; and in such Cemeteries or Places it shall be lawful for the Chinese, in conformity with the Provisions of the Notifications actually in force, to bury their Dead, yet so as that any person who shall use for that purpose a Grave of less than Five Feet in depth from the ordinary surface of the ground to the uppermost side of the Corpse or Coffin therein depo- sited, shall for every such Offence forfeit and pay a sum not exceeding Fifty Dollars, nor less thau Five Dollars.
Power to close Chi-
III. His said Excellency in Executive Council is authorized from time to time to notify, by advertise- ment in the Hongkong Government Gazette, that any Chinese Cemetery or Burial Ground shall, from a time in nese Cemeteries. such Notification to be specified, be closed, and the same shall be closed accordingly; and whosoever after the expiration of the said specified time shall bury any Corpse in the said Cemetery or Burial Ground shall, for every such offence, forfeit and pay a sum not exceeding One Hundred Dollars nor less than Five.
elsewhere than in Ce-
IV. Whosoever shall bury any Corpse or Coffin in any Ground not being a Cemetery or Burial Ground Penalties on Burials authorised under this or any other Ordinance, shall (except in cases provided for by Section Three of this meteries, &c. Ordinance) for every such his offence forfeit and pay a sum not exceeding One Hundred Dollars nor less
than Five.
V. The penalties in Sections Three and Four specified shall be deemed to be cumulative and not Further penalties on substituted penalties, in any case where the commission of any of the Offences to which the same are appli- Bucials being Nuisan- cable shall occasion a Nuisance within the meaning of Ordinance No. 8 of 1856, Section Fourteen.
ces, &c.
VI. The Offences next hereinafter specified shall be deemed to be Nuisances within the meaning of all Nuisances punish- Laws, at any time in force within this Colony, for the better repression of Nuisances, save that the Court able, at the discretion or Justices before whom any person shall be found guilty of any such offence, in lieu of all other punishment of the Court. for the same, shall order him for every such offence to pay a penalty not exceeding One Hundred Dollars
nor less than One Dollar, that is to say;
The Felling, Cutting, Destroying or Injuring of any standing or growing Tree, Shrub, or Under- Injury to Trees, wood, any Grass-sod or Turf, or any Fence or Portion thereof (except in cases where any such Shrubs, Turf, or Fen- offence shall be proved to have been committed with a felonious intention).
Ces.
2. The doing any act whereby Injury or Obstruction, whether directly or consequentially, may accrue Injury or Obstruc- to a Public Road, Path, or Walk, or to the Shore of the Sea, or to Navigation, Mooring, or Anchor- tion toWays, Seashore, Jage, Transit or Traffic, or whereby any other Nuisance within the meaning of Ordinance No. 8 of Navigation, &c.
1856, Sections Fourteen, Fifteen, and Sixteen, whether directly or consequentially, may happen.
3. The trespassing, by Man or Beast, upon or in any Messuage, Tenement, Cemetery, or Land being Trespass on Public
vested in or under the control or management of any Public Officer, or Department whatsoever. Lands, &c. And 4 The obeying the calls of nature on any. Way or in any public exposed or other improper Indecency,
Place, to the annoyance of others.
VII. It shall be lawful for the Court or Justices before whom any person shall be found guilty of any Whipping may be offence against Division One or Division: Four of Section Six of this Õrdinance, to order him, in lien of all substituted in the case of offences against other punishment, to be once or twice publicly whipped, yet so as that no Offender shall receive in all for Section VI Divisions 1 any one such offence more than Fifty Blows nor less than Five.
Extension of penal-
and 4.
VIII. Upon proof made to the satisfaction of the Court or Justices that a person accused of any Nuisance or Offence under this Ordinance, or any of the said enumerated Ordinances, is in fact guilty of having pro.. ties to Accessaries. cured, permitted, connived at, or continued any such Nuisance or Offence, or of having neglected or refused to perform any Duty cast upon bim by Law for the prevention or repression of the same, the said Court or Justices shall find the said person guilty of the said Nuisance or Offence, and shall award against him the penalty or other punishment to which persons guilty of the said Nuisance or Offence are or shall be liable. IX. This Ordinance shall be read together with the Ordinances enumerated in Section One, and shall be incorporated therewith.
Incorporation with former Ordinances.
X. All summary proceedings under this Ordinance, or the said enumerated Ordinances, (except pro- Except in case of ceedings under Ordinance No. 8 of 1856, Sections Two to Nine, both inclusive) may be had upon the illegal works, &e, any information of any Complainant: Bat the disposal of Materials of Nuisances, of Building Materials, and of Coupiniuaut may be Utensils under Sections Seventeen and Nineteen of the last-mentioned Ordinance, shall be at the absolute hearil. discretion of the Surveyor General.