ORDINANCE No. 12 of 1856. 353
Chinese Burials and Nuisances.
department invested with or performing duties of a public nature, whe
ther under immediate control of His Excellency or not.
" Law ul Au
The expression " Lawful Authority " shall extend to and denote any
thority. "
permission which may be lawfully given by a public officer or depart
ment or by a private person.
Where no specific description is given of the ownership of any pro "Property. "
perty, the word " Property " shall be taken to apply to all such property
of the kinds specified , whether owned by the Crown, by a public depart
ment, or by a private person .
2. It shall be lawful for His Excellency in Executive Council from time to time The Governor in
Executive Coun
to select and appoint, and by advertisement in the Hongkong Government Gazette to cil to appoint
sites for Chinese
notify, sufficient and proper places to be the sites of, and to be used as, cemeteries or cemeteries, &c.
places of burial for the Chinese ; and from time to time to alter, vary, 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 deposited, shall for
every such offence forfeit and pay a sum not exceeding fifty dollars, nor less than five
dollars. [Repealed by Ordinance No. 24 of 1887.]
3. His said Excellency in Executive Council is authorized from time to time to Power to close
Chinese cemete
ries.
notify, by advertisement in the Hongkong Government Gazette, that any Chinese ceme
tery or burial ground shall, from a time in 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. [ Repealed by Ordinance No. 24 of 1887. ]
Penalties on Lu
4. Whosoever shall bury any corpse or coffin in any ground not being a ceme rials elsewhere
than in cemete
tery or burial ground authorized under this or any other Ordinance, shall (except in ries, &c.
cases provided for by section 3 of this Ordinance) for every such his offence forfeit
and pay a sum not exceeding one hundred dollars nor less than five. [Repealed by
Ordinance No. 24 of 1887.]
5. The penalties in sections 3 and 4 specified shall be deemed to be cumulative Further penal
ties on barials
and not substituted penalties, in any case where the commission of any of the being nuisances,
&c.
offences to which the same are applicable shall occasion a nuisance within the
meaning of Ordinance No. 8 of 1856, section 14. [Repealed by Ordinance No. 24
of 1887.]
Nuisances
6. The offences next hereinafter specified shall be deemed to be
punishable, at
nuisances within the meaning of all laws, at any time in force within the discretion
of the Court.
this Colony, for the better repression of nuisances, save that the Court