644947-1894-Ordinance-No-5-of-1894-Assented-to — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1894.

further period of one month from the 9th day of June 1894. AND WHEREAS doubts have arisen as to the validity of the said Bye-laws or some of them, and it is expedient to remove such doubts and to increase the powers of the Sanitary Board.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. (a) The said Bye-laws of the 11th day of May 1894, and of the 31st day of May 1894, as hereby amended, are hereby ratified and confirmed, and shall be deemed to be as valid and effectual as if they had respectively been embodied in Ordinances passed by the Legislative Council and as- sented to by the Governor of Hongkong on the dates on which they were respectively made by the Sanitary Board.

(b) Bye-law No. 12 of the Bye-laws of the 11th day of May 1894, is hereby lamended by inserting the words "not less than" inmediatey after the words "A Permanent Committee of " in the first line of the said Bye-law.

(c) The Bye-laws of the 31st May 1894, are hereby amended by substituting the words "lime-washed," "lime- washing" for the words "color-washed" and "color-wash- ing," wherever they occur in the said Bye-laws, and further by striking out the words "and the expenses of removing the occupants" to the words "on the Colony" in Bye-law No. 6 of the said last mentioned Bye-laws, and by substituting the words "Secretary of the Sanitary Board for the words "Colonial Treasurer" in the same Bye-law.

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2. The said Bye-laws shall, notwithstanding anything contained in the said section 31 of The Public Health Ordinance, 1887, or in the said Proclamation of the 6th day of June 1894, remain in force until revoked by Procla- mation of the Governor in Council and in so far as such Proclamation shall not extend.

3. No action, suit, or other proceeding civil or criminal shall be commenced, taken, or brought, or if already com- menced continued against the Sanitary Board or any officer or servant thereof or against the Permanent Committee appointed under the said Bye-laws of the 11th day of May 1894, or against any person whomsoever deputed or employed by the Sanitary Board or the said Permanent Committee for or in respect of any act, matter or thing here- tofore done or executed by them bona fide under or by virtue of the said Bye-laws of the 11th day of May 1894, and the 31st day of May 1894, or any of them.

4. All Bye-laws hereafter made by the Sanitary Board under the authority of the said sections 32 and 33 of The Public Health Ordinance, 1887, so long as the said sections remain in operation shall, when approved by the Governor in Council and published in the Gazette, have the same force and effect as if they had been enacted by and formed part of The Public Health Ordinance, 1887.

5. Notwithstanding anything contained in section 32 of The Public Health Ordinance, 1887, any person duly served with a notice by the Sanitary Board or by the said Permanent Committee who neglects within the time limited in and by such notice to remove any insanitary nuisance, to correct or amend any sauitary defect in any building, or to cleanse, lime-wash, or disinfect any building, or part of a building, or otherwise to comply with any Bye-law made or to be made under the authority of sections 32 and 33 of The Public Health Ordinance, 1887, shall be liable on summary conviction before a Magistrate to a continuing penalty not exceeding $10 per day for every day during which such neglect continues after the date limited in and by any such notice. Such penalty may be in substitution for or in addition to any other penalty to which any such person may be liable under this or any other Ordinance.

6. The provisions of section 76 of The Public Health Ordinance, 1887, shall apply to any orders or notices issued by the Sanitary Board or the said Permanent Committee under any Bye-laws made or hereafter made by the Sanitary Board under the authority of sections 32 and 33 of the said Ordinance.

*7. (a) In addition to all other powers and authorities vested in the said Permanent Committee it shall be lawful for the said Permanent Committee, without any notice to any person interested as Crown lessee, or otherwise, to take possession and make use of any unoccupied lands or build-

Ratification of Bye-laws.

Duration of Bye-laws.

Protection of persons acting under the authority of the Sanitary Board, &c.

Bye-laws under sections 32 and 33 of The l'ublic Health Ordi- nance, 1987, to have the force of onactments.

Additional penalty for neglect to obay orders of Sanitary Board, &c.

Extension of section 76 of The Public Health Ordi- neuve, 1887.

Power for the Permanent Committee to take posses- sion of certain lands, &c.

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