In9234/16
Ordinance & of 1856, and Section 8 of Ordinance 12 of 1856 every Continuance of a nuisance is a substantive Offence and I now distinctly apprise that in every case of "Miscarriage of Justice, such as occurred in the two instances to which I refer me it is my fixed intention to proceed under the last cited Sections of those Ordinances if the fact sufficiently shewn "Continuance" of the Offence.
I have the honor to be Sir Your Most Obedient Servant, (Signed) Wathen Cooper B A C
HONGKONG. ANNO DECIMO NONO VICTORIÆ REGINÆ. No. 8 of 1856.
By His Excellency SIR JOHN 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 for Buildings and Nuisances.
[16th April, 1856.] Whereas further Provision hath been found necessary for the better Regulation of Buildings and prevention of Nuisances; Be it therefore enacted and ordained by His Excellency the Governor of Hongkong with the Advice of the Legislative Council thereof in manner following, that is to say:
I. The following words and expressions in this Ordinance contained shall be construed in manner hereinafter appearing; that is to say:
The word 'Wall' shall extend to and include every external Wall and party Wall.
The word 'Floor' shall extend to and include every Horizontal Platform forming the base of any Story, and every Joist, Board, Timber, Stone, and Brick, or other substance constituting the said Platform.
The word 'Story' shall extend to and include the full thickness of every Floor, and the space between the under surface thereof and the upper surface of the Floor or (if there be no such Floor) the Ground next below the said first-mentioned Floor.
The word 'Works' shall extend to and include the constructing, reconstructing, pulling down, opening, cutting into, adding to, and altering any Building, Wall, Chimney, Stack, Flue, Drain, Sewer, Cesspool, or any work whatsoever.
The word 'Building' shall extend to and include every House, Outhouse, or Shed.
The word 'House' shall extend to and include every Dwelling House, Warehouse, Shop, Manufactory, Work-room, Distillery, and Place of secure storage or custody.
The expression 'guilty of a Nuisance' shall apply to and denote any person guilty of committing or continuing any Nuisance whatsoever, and any person guilty of permitting or suffering any Nuisance whatsoever, and any person guilty of omitting to take all proper and reasonable means for procuring the abatement of a Nuisance committed and continuing within his tenement, or upon or over some way or public place in the immediate neighborhood of his tenement, for the space of twelve hours after the said Nuisance shall have been committed.
II. All works henceforward shall be under the survey and inspection of the Surveyor General, and shall be commenced, resumed, prosecuted and completed with due observance of this Ordinance and particularly of the Rules next following, that is to say:
1. The Walls of all Houses shall be solidly built of Bricks or Stones throughout, and shall be of the thickness of not less than nine inches at the upper Story, thirteen and a half inches at the Story immediately below the upper Story, and eighteen inches at the Story (if any) immediately below the said two Stories.
2. The Foundations of every Wall of a House shall be of the depth of not less than twice the thickness of the Wall at the lowest Story of the said Building; and the lowest course of every such Foundation shall be of not less than twice the thickness of the Wall at the said lowest Story; and the height and thickness of the upper courses of such Foundation shall diminish gradually towards the upper surface thereof.
3. The Floors of any one House shall not approach nearer than nine inches' length towards the Floors of any other House separated by a party Wall from the House first-mentioned; And the space intervening between the said two Floors shall be properly and substantially built up with Bricks or Stones as the case may be.
4. In the case of two or more Houses separated from each other, or others, by one or more party Walls, the external ends of the Floors of the first and last of the said Houses shall be carried to and terminate at the Space of not less than nine inches from the Outside of the external Walls of the said first and last Houses respectively.
5. The floors and roofs of houses or verandahs shall in all cases abut upon and rest against at least nine inches of solid brick or stone work, as the case may be.
III. It shall not be lawful for any person to commence or (in the case of any works, the progress whereof shall have been for a period exceeding three months suspended) to resume any works, until four days written notice of the intention to commence or resume the same shall have been given unto the Surveyor General at his Office by the person by or for whom such works are intended to be commenced, or resumed, and every such notice shall specify the material particulars of the said intended Works, and any person commencing or resuming any works without having first given such notice as aforesaid to the Surveyor General, or before the expiration of four days from the giving thereof, shall for every such default forfeit and pay to Her Majesty a sum not exceeding Fifty Dollars nor less than Ten Dollars; except where any inevitable accident or emergency shall have occurred to make it necessary to commence or resume any works immediately, in which case only it shall be lawful to commence or resume the same, yet so as that written notice thereof and of the material particulars of such works shall within Two Days after commencing or resuming the same be given by the person by or for whom the same were so commenced or resumed unto the said Surveyor General at his Office aforesaid.
IV. In cases where any penalty shall have been incurred under the provisions of the Section next immediately preceding, or where the Surveyor General shall be refused admittance to any tenement for the purpose of surveying or inspecting any works thereon or therein commenced, resumed, or in progress, the said works shall be liable to be abated as a Nuisance.
V. All contracts hereafter to be made for works contrary to the provisions of this Ordinance shall be null and void, and it shall not be lawful to execute in contravention of the said Provisions any contracts heretofore made for works and in force at the passing of this Ordinance, unless the same have heretofore received the sanction of the Surveyor General.
In9234/16
Ordinance & of 1856, and Section 8 of Ordinance 12
of
1856 every Continuance of a nuicance is a substantive Offence and Inow dietinetly apprise.
that in every le you case of "Miscarriage of Sustice, such as occurred in the tur instances to which,
I you refer me it is my fixed
intention to proceed under the last cited Sections of those Ordinances if the fact sufficiently shewn "Continuance" of the Offence.
a
I have the honor to be
Sir
Your Most Ott: Servant, (Signed) Wattham Cooper
B A C
HONGKONG.
ANNO DECIMO NONO VICTORIE REGINÆ.
No. 8 of 1856.
By His Excellency SIR JOHN 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 for Buildings and Nuisances.
[16th April, 1856.] Whereas further Provision hath been found necessary for the better Regulation of Buildings and preven- tion of Nuisances; Be it therefore enacted and ordained by His Excellency the Governor of Hongkong with the Advice of the Legislative Council thereof in manner following, that is to say:
I. The following words and expressions in this Ordinance contained shall be construed in manner here- inafter appearing; that is to say :---
The word Wall' shall extend to and include every external Wall and party Wall.
The word 'Floor' shall extend to and include every Horizontal Platform forming the base of any Story, and every Joist, Board, Timber, Stone, and Brick, or other substance constituting the said Platform.
The word Story' shall extend to and include the full thickness of every Floor, and the space between the under surface thereof and the upper surface of the Floor or (if there be no such Floor) the Ground next below the said first-mentioned Floor.
The word 'Works' shall extend to and include the constructing, reconstructing, pulling down, opening, cutting into, adding to, and altering any Building, Wall, Chimney, Stack, Flue, Drain, Sewer, Cesspool, or any work whatsoever.
"
The word Building shall extend to and include every House, Outhouse, or Shed.
The word 'House "shall extend to and include every Dwelling House, Warchouse, Shop, Manufactory, Work-room, Distillery, and Place of secure storage or custody.
Title.
Preamble.
265
Definitions.
Wall.
Floor.
Story.
Works.
Building. House.
The expression guilty of a Nuisance' shall apply to and denote any person guilty of committing or Guilty of a Nuisance. continuing any Nuisance whatsoever, and any person guilty of permitting or suffering any Nuisance whatso- ever, and any person guilty of omitting to take all proper and reasonable means for procuring the abatement of a Nuisance committed and continuing within his tenement, or upon or over some way or public place in the immediate neighborhood of his tenement, for the space of twelve hours after the said Nuisance shall have been committed.
II. All works henceforward shall be under the survey and inspection of the Surveyor General, and shall
Rules to be observed
be commenced, resumed, prosecuted and completed with due observance of this Ordinance and particularly of as to works, the Rules next following, that is to say:-
1. The Walls of all Houses shall be solidly built of Bricks or Stones throughout, and shall be of 1. Walls of Houses. the thickness of not less than nine inches at the upper Story, thirteen and a half inches at the Story immediately below the upper Story, and eighteen inches at the Story (if any) immediately below the said two Stories.
2. Foundations of
2. The Foundations of every Wall of a House shall be of the depth of not less than twice the thick- ness of the Wall at the lowest Story of the said Building; and the lowest course of every such Walls of Houses. Foundation shall be of not less than twice the thickness of the Wall at the said lowest Story; and the height and thickness of the upper courses of such Foundation shall diminish gradually towards the upper surface thereof.
3. The Floors of any one House shall not approach nearer than nine inches' length towards the Floors of any other House separated by a party Wall from the House first-mentioned; And the space
intervening between the said two Floors shall be properly and substantially built up with Bricks or Stones as the case may be.
4. In the case of two or more Houses separated from each other, or others, by one or more party Walls, the external ends of the Floors of the first and last of the said Houses shall be carried to and terminate at the Space of not less than nine inches from the Outside of the external Walls of the said first and last Houses respectively.
5. The floors and roofs of houses or verandahs shall in all cases abut upon and rest against at least nine inches of solid brick or stone work, as the case may be.
3. Floors in general.
4. Floors of outside Houscs.
5. Supports of floors and roofs.
III. It shall not be lawful for any person to commence or (in the case of any works, the progress 4 Days' Notice to be whereof shall have been for a period exceeding three months suspended) to resume any works, until four days given before commenc- written notice of the intention to commence or resume the same shall have been given unto the Surveyor ing or (in the case of works suspended for General at his Office by the person by or for whom such works are intended to be commenced, or resumed, above 3 months) re- and every such notice shall specify the material particulars of the said intended Works, and any person com-suming works. mencing or resuming any works without having first given such notice as aforesaid to the Surveyor General, or before the expiration of four days from the giving thereof, shall for every such default forfeit and pay to Her Penalty for every Majesty a sum not exceeding Fifty Dollars nor less than Ten Dollars; except where any inevitable accident Except in case of or emergency shall have occurred to make it necessary to commence or resume any works immediately, in inevitable necessity. which case only it shall be lawful to commence or resume the same, yet so as that written notice thereof and of the material particulars of such works shall within Two Days after commencing or resuming to be given within Two Days after commen- the same be given by the person by or for whom the same were so commenced or resumed unto the said cing or resuming the Surveyor General at bis Office aforesaid.
default.
In which case notice
works.
IV. In cases where any penalty shall have been incurred under the provisions of the Section next Works to be liable immediately preceding, or where the Surveyor General shall be refused admittance to any tenement for the in certain cases to be purpose of surveying or inspecting any works thereon or therein commenced, resumed, or in progress, the abated as a Nuisance. said works shall be liable to be abated as a Nuisance.
V. All contracts hereafter to be made for works contrary to the provisions of this Ordinance shall be Contracts to be made null and void, and it shall not be lawful to execute in contravention of the said Provisions any contracts or executed to the con heretofore made for works and in force at the passing of this Ordinance, unless the same have heretofore trary of this Ordinance. received the sanction of the Surveyor General.
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