CO129-061 - Public Offices - 1856 — Page 271

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

XII. All Nuisances prohibited by the Laws for the time being in force within England, are equally prohibited within this Colony, and may be abated and punished according to the Provisions of this Ordinance and the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances now in force or hereafter to come in force, all Remedies compatible therewith for the Prevention, Abatement, or Punishment of, or the Compensation for, Nuisances which are or shall be at any time in force within England, shall, until express Provision be made to the contrary, extend to and be enforced within this Colony likewise.

XIII. Such of the Orders and Regulations of the General Board of Health established in London under Authority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be from time to time by the Governor in Executive Council determined and notified, with such Modifications thereof respectively as His Excellency in Council shall think fit to adopt, shall for such time and to such extent or with such modifications as shall be so notified, extend to and be enforced within this Colony under the authority of this Ordinance.

Saving as to Acts

XIV. Nothing contained in this Ordinance, or in any of the Ordinances therewith incorporated, shall operate to the Restraint or Punishment of any Act or thing done under Lawful Authority or sanctioned by Lawful Authority.

the same, yet so as that in every case the Proof of such Lawful Authority shall lie upon the person alleging the same.

Passed the Legislative Council of Hongkong, this 12th Day of June, 1856.

L. D'ALMAÐA E Castro, Clerk of Councils.

JOHN BOWRING.

Cyphers of letters from the Honorable the Colonial Secretary (W. Mercer) to the Acting Surveyor General (ca. 18/6)

K: 182.

267

25th June, 1856.

To Caine

In consequence of your verbal representations to me a letter was on the 23rd instant addressed from this Office to the Honorable the Attorney General on the subject of the careless and unsatisfactory construction of their houses by the Careless lessees of Crown lands in this Colony.

Mr. Anstey in his reply states his opinion that no Summary remedy exists and that it is not in the power of either the Police or the Surveyor General to pull down houses improperly built.

Mr. Anstey further says that if you will hand him suitable assistance in the way of practical suggestion he will undertake to prepare draft of the required building Ordinance before the next meeting of the Legislative Council.

His Excellency the Governor therefore desires that you will put yourself at once in communication with the Attorney General and confer with him on this important matter.

I enclose for your satisfaction, the Attorney General's letter which I shall be obliged by your returning to me.

I have, &c.

(Signed) W. D. Mercer, Colonial Secretary

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XII. All Nuisances prohibited by the Laws for the time being in force within England, are equally prohibited within this Colony, and may be abated and punished according to the Provisions of this Ordinance and the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances now in force or hereafter to come in force, all Remedies compatible therewith for the Prevention, Abatement, or Punishment of, or the Compensation for, Nuisances which are or shall be at any time in force within England, shall, until express Provision be made to the contrary, extend to and be enforced within this Colony likewise. XIII. Such of the Orders and Regulations of the General Board of Health established in London under Authority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be from time to time by the Governor in Executive Council determined and notified, with such Modifications thereof respectively as His Excellency in Council shall think fit to adopt, shall for such time and to such extent or with such modifications as shall be so notified, extend to and be enforced within this Colony under the authority of this Ordinance. Saving as to Acts XIV. Nothing contained in this Ordinance, or in any of the Ordinances therewith incorporated, shall operate to the Restraint or Punishment of any Act or thing done under Lawful Authority or sanctioned by Lawful Authority. the same, yet so as that in every case the Proof of such Lawful Authority shall lie upon the person alleging the same. Passed the Legislative Council of Hongkong, this 12th Day of June, 1856. L. D'ALMAÐA E Castro, Clerk of Councils. JOHN BOWRING. Cyphers of letters from the Honorable the Colonial Secretary (W. Mercer) to the Acting Surveyor General (ca. 18/6) K: 182. 267 25th June, 1856. To Caine In consequence of your verbal representations to me a letter was on the 23rd instant addressed from this Office to the Honorable the Attorney General on the subject of the careless and unsatisfactory construction of their houses by the Careless lessees of Crown lands in this Colony. Mr. Anstey in his reply states his opinion that no Summary remedy exists and that it is not in the power of either the Police or the Surveyor General to pull down houses improperly built. Mr. Anstey further says that if you will hand him suitable assistance in the way of practical suggestion he will undertake to prepare draft of the required building Ordinance before the next meeting of the Legislative Council. His Excellency the Governor therefore desires that you will put yourself at once in communication with the Attorney General and confer with him on this important matter. I enclose for your satisfaction, the Attorney General's letter which I shall be obliged by your returning to me. I have, &c. (Signed) W. D. Mercer, Colonial Secretary
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XII. All Nuisances prohibited by the Laws for the time being in force within England, are equally prohibited within this Colony, and may be abated and punished according to the Provisions of this Ordinance and the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances now in force or hereafter to come in force, all Remedies compatible therewith for the Prevention, Abatement, or Punishment of, or the Compensation for, Nuisances which are or shall be at any time in force within England, shall, until express Provision be made to the contrary, extend to and be enforced within this Colony likewise. XIII. Such of the Orders and Regulations of the General Board of Health established in London under Authority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be from time to time by the Governor in Executive Council determined and notified, with such Modifications thereof respectively as His Excellency in Council shall think fit to adopt, shall for such time and to such extent or with such modifications as shall be so notified, extend to and be enforced within this Colony under the authority of this Ordinance. Saving as to Acts XIV. Nothing contained in this Ordinance, or in any of the Ordinances therewith incorporated, shall done or sanctioned by operate to the Restraint or Punishment of any Act or thing done under Lawful Authority or sanctioned by Lawful Authority. the same, yet so as that in every case the Proof of such Lawful Authority shall lie upon the person alleging the same. Passed the Legislative Council of Hongkong, this 12th Day of June, 1856. L, D'ALMAÐA E Castro, Clerk of Councils. JOHN BOWRING. Cyphers of labies from the Honorable the Colonial Sors(W. Moves) to the Hoting Surveyor General (lucht (coper (18.6.) K: 182. 267 25th Jobmary, 18.6. to careers In consequence of your vertal sopresentations to me a letter was on the 23rd instant addressed from this Office the Zmorable The Allowing Ceneral on the stabsent of the carolect and uncatisfactory construction of their haucer by the Cainece lessees of Grown lands in this Colony. Attorney Mr Anstey in his reply states his opinion that no Summary remedy wicht and that it is not in the power of ather the Police or the Surveyor General to full down houses impro- perly built. r your M: Hasty further says that if you will hand him satuable puistance in the way of practical stuggestion he will undertake to prepare draft of the required building Ordinance before the next meeting of the Legislative (cunoil. Lu Cxcellency the Gypvernor therefore, dreires that you will fut yourself at once in communication with the Pit Attorney General and prefer with him on this important matter. Penclose for your satisfaction, the Attorney General's letter- which Ishall be obliged by your returning to me. Shave, & (Signed) W. D. Mereer Colonial Caretary [
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XII. All Nuisances prohibited by the Laws for the time being in force within England, are equally prohibited within this Colony, and may be abated and punished according to the Provisions of this Ordinance and the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances now in force or hereafter to come in force, all Remedies compatible therewith for the Prevention, Abatement, or Punishment of, or the Compensation for, Nuisances which are or shall be at any time in force within England, shall, until express Provision be made to the contrary, extend to and be enforced within this Colony likewise. XIII. Such of the Orders and Regulations of the General Board of Health established in London under Authority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be from time to time by the Governor in Executive Council determined and notified, with such Modifications thereof respectively as His Excellency in Council shall think fit to adopt, shall for such time and to such extent or with such modifications as shall be so notified, extend to and be enforced within this Colony under the authority of this Ordinance.

Saving as to Acts XIV. Nothing contained in this Ordinance, or in any of the Ordinances therewith incorporated, shall done or sanctioned by operate to the Restraint or Punishment of any Act or thing done under Lawful Authority or sanctioned by Lawful Authority.

the same, yet so as that in every case the Proof of such Lawful Authority shall lie upon the person alleging

the same.

Passed the Legislative Council of Hongkong,

this 12th Day of June, 1856.

L, D'ALMAÐA E Castro,

Clerk of Councils.

JOHN BOWRING.

Cyphers of labies from the Honorable the Colonial Sors(W. Moves) to the Hoting Surveyor General (lucht (coper (18.6.)

K: 182.

267

25th

Jobmary, 18.6.

to careers

In consequence of your vertal sopresentations to me a letter was on the 23rd instant addressed from this Office the Zmorable The Allowing Ceneral on the stabsent of the carolect and uncatisfactory construction of their haucer by the Cainece lessees of Grown lands in this Colony.

Attorney

Mr Anstey in his reply states his opinion that no Summary remedy wicht and that it is not in the power of ather the Police or the Surveyor General to full down houses impro- perly built.

r your

M: Hasty further says that if you will hand him satuable puistance in the way of practical stuggestion he will undertake to prepare draft of the required building Ordinance before the next meeting of the Legislative (cunoil.

Lu Cxcellency the Gypvernor therefore, dreires that you will fut yourself at once in communication with the Pit

Attorney General and prefer with him on this important matter.

Penclose for your satisfaction, the Attorney General's letter- which Ishall be obliged by your returning to me.

Shave, &

(Signed) W. D. Mereer

Colonial Caretary

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