CO129-007 - Sir John Davis - 1844 — Page 147

In 221.

I have the honor to be,

With the highest respect

Your Lordships'

Most Obedient,

Humble Servant

J. Davis

HONGKONG, ANNO OCTAVO

VICTORIÆ REGINÆ,

No. 17 of 1844.

By The Honorable GEORGE D'AGUILAR, Major-General Commanding Her Majesty's Troops in China, and Governor for the time being of the Colony of Hongkong and its Dependencies.

TITLE. "An Ordinance for the better securing the Peace and Quiet of the Inhabitants of the Town of Victoria and its vicinity during the night-time."-11th day of September, 1844.

WHEREAS, the Inhabitants of Victoria and its Vicinity have hitherto been disturbed and annoyed during the night-time by various loud and unnecessary noises made by private watchmen and other persons to such an extent as to become a public nuisance, and it is expedient for the comfort and tranquility of the said Inhabitants that the said public nuisance should be suppressed; and Whereas it is manifest that such Watchmen or other person could from time to time during the night notify their state of vigilance and convey to their respective masters and employers that they are on the watch and alert, without occasioning any disturbance or annoyance to the public or to the inhabitants of adjoining houses: Be it therefore enacted and ordained by the Governor for the time being of the Colony of Hongkong and its Dependencies, with the advice of the Legislative Council thereof, that from and after the publication of this Ordinance, no person or persons whatsoever shall, between sunset and the hour of six in the following morning, make or cause to be made any noise or noises whatever calculated to disturb, annoy, or interfere with the public tranquility or the quiet of the occupier or inhabitant of any dwelling-house within the said Town of Victoria or its vicinity: And that in case any person or persons shall make or cause to be made any such noise or noises as aforesaid, it shall and may be lawful for any such occupier or inhabitant, or for any officer charged with the preservation of the peace, or any Constable or Policeman, or other person, to summon the party so offending before any Police Magistrate, to whom it shall be lawful, on due investigation and proof of the party having offended against the provisions aforesaid, to proceed against and, in a summary manner, to fine the party so offending in any sum not exceeding $10, and in default of payment, to commit the said party to prison for any period of time not exceeding one calendar month.

And be it further enacted and ordained that if, on any such investigation or proof as aforesaid, it shall appear to the said presiding Magistrate that the party so offending acted as Watchman or servant of the proprietor or occupier of any dwelling-house, warehouse, or other out-house, office, or premises, or of the inhabitant, person, or persons in charge thereof, or by or with the direction, knowledge, sanction, sufferance, or permission of such proprietor or occupier, or of such inhabitant or person in charge as aforesaid, then and in such case, it shall and may be lawful to and for such Magistrate to dismiss the charge as against the Watchman or servant, or person acting as such, so offending as aforesaid, and to summon or cause to be summoned forthwith before him the proprietor or occupier, inhabitant, or person in charge thereof as aforesaid, having so directed, sanctioned, suffered, or permitted the making of such noise or noises as aforesaid; and on due investigation and proof that any such occupier or proprietor, inhabitant, or person in charge as aforesaid directed, sanctioned, suffered, or permitted the making of the said noise or noises so made by the Watchman or servant, or person acting as such as aforesaid, then it shall and may be lawful to and for such presiding Magistrate to fine such proprietor or occupier, or inhabitant, or person in charge as aforesaid, in any sum not exceeding $50, and in default of payment, to levy the same by distress and sale of the goods and chattels of such proprietor or occupier, or inhabitant, or person in charge as aforesaid, by virtue of a warrant in writing under his hand to be issued for that purpose; and in case of the offender not having sufficient goods and chattels within the Colony of Hongkong whereon to levy the said fine, together with all costs and charges consequent thereon, it shall and may be lawful for the said Magistrate to commit such offender to prison for any period of time not exceeding one calendar month.

And be it further enacted and ordained that when and so often as any such noise or noises as aforesaid shall be made in or upon any dwelling-house or premises, if it shall be impracticable or difficult to apprehend, discover, or identify the person or persons so making such noise or noises as aforesaid, then and in such case, it shall and may be lawful to and for such Magistrate, upon information thereof, to summon before him the proprietor or occupier, or inhabitant, or person in charge of such dwelling-house or premises; and if it shall appear on due investigation and proof that such noise or noises as aforesaid was or were made in or upon the said dwelling-house or premises, by the direction or with the knowledge, sanction, sufferance, or permission of the owner, occupier, inhabitant, or person in charge thereof, to impose on him such and the like penalty as is lastly hereinbefore provided, the said penalty to be recovered in the same manner as is also lastly hereinbefore provided.

Passed the Legislative Council of Hongkong, this 11th day of September, 1844.

GEORGE D'AGUILAR,

Major-General and Lieutenant-Governor,

A. E. SHELLEY, Clerk of Councils.

Hongkong: Published by Authority, and Printed by John Carr.