724113-1857-HONGKONG-ANNO-VIGESIMO-PRIMO-VICTORIE-REGINE-No-of-1857 — Page 1

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The Hongkong Government Gazette.

[SEPTEMBER 12, 1857.

Preamble.

Repeal of Ordinance No. 2 of 1854.

ed.

An Inspector of

His duties, and Ås- Bistants.

Governor in Council

and close Markets, and

HONGKONG.

ANNO VIGESIMO PRIMO VICTORIE REGINE.

No. of 1857.

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.

The Market Ordinance, 1857.

[

1857.]

Be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :—

1. Ordinance No. 2 of 1854 is hereby repealed.

II. There shall be from time to time appointed by His Excellency, some proper Person to hold the Markets to be appoint- Office of Inspector of Markets during His Excellency's pleasure, at such Salary (not exceeding the Monthly Sum of One Hundred and Twenty Dollars,) as His Excellency in Council shall from time to time determine. III. From and after the passing of this Ordinance, all Markets, now or hereafter to be established, and all Buildings or Places wherein the same are or shall be holden, shall be under the immediate Superin- tendence of the said Inspector of Markets, (without prejudice nevertheless to any Jurisdiction or Authority now or hereafter to be vested in any other Servant of the Crown within this Colony); and the said Inspector shall be charged with the duty of enforcing this Ordinance, and also such By-Laws as shall from time to time be issued by His Excellency in Council respecting such Markets and Buildings, or Places wherein the same are or shall be holden, under the Powers in that behalf given or created by this Ordinance; and also of receiving and enforcing payment of the Rents, Taxes, and Fees, hereinafter-mentioned; and he shall be aided and assisted in the premises by such Clerks or other Subordinates, and at such Salaries, as His said Excellency in Council shall determine.

IV. His Excellency in Council shall also be empowered from time to time to establish any New empowered to establish Market or Markets, or to close any Market or Markets, which may be established under the provisions of to make Regulations this Ordinance within the district of Victoria, as defined by Government Notification No. 69 of 1857, and By-Laws. published under the provisions of the Seventh Section of Ordinance No. 6 of 1857, and to make such Regulations for the letting of Houses, Shops, Stalls, or Standings therein, and the Durations and Conditions. of such lettings, and the Rents to be received for the same, and also such By-Laws for the good govern- ment of the said Markets, the repression or prevention of Disorder therein, and the protection of the traffic thereof, as to His Excellency in Council shall seem meet: yet so as that no such Regulations or By- Laws shall be contrary to this Ordinance, or capable of being enforced until the same shall have been once at least published in the Hongkong Government Gazette, and posted in the Markets, and in conspicuous places, in Chinese characters, for the space of Seven Days; and all such Regulations and By-Laws when so published and posted shall be Law, and shall to all intents and purposes have the same force and effect as if they had been enacted by a special Ordinance of the Legislative Council in that behalf. No Market to be

V. No Market shall be deemed to be established, until after Notification made by His said Excellency deemed established till notified in the Gazette. in Council, in the Hongkong Government Gazette, that the same is so established and open for public use.

VI. Existing Markets may

His Excellency in Council may Lawfully cause to be closed any Market now in use under the be closed on making said repealed Ordinance, upon first making Compensation (if any such be due) for the closing thereof; which Compensation either Compensation, and the amount thereof, shall be settled either by Arbitration or by the Verdict of a Jury as by Arbitration or by the Person claiming the same shall think fit; and if such Person desire to have the same settled by Arbitra- the Verdict of a Jury' tion, it shall be so settled in the manner and by the ways and means provided by the "Lands Clauses Con- 8 & 9 Vict cap. 18.

-solidation Act 1845," Sections Twenty-five to Thirty-seven, both inclusive, so far as the same are consistent with the Laws and applicable to the Local Circumstances of this Colony; the several Provisions of which said several Sections of the said Act are hereby (so far as aforesaid) for the purposes of this Section incor- porated with this Ordinance; or if the Person claiming such Compensation as aforesaid desires to have such question settled by a Jury, it shall be so settled in the manner and by the ways and means provided by the said Lands Clauses Consolidation Act 1845," Sections Thirty-eight, to Fifty-eight, both inclusive, except so far as the said Sections are inconsistent with the Laws of this Colony, touching the Constitution of Juries, the number and Qualifications of the Jurors thereof, and the mode of impanelling the same: the several Provisions of which said several last mentioned Sections of the said Act are hereby (except as last aforesaid) for the purposes of this Section incorporated with this Ordinance.

Markets.

Prohibition of other VII. After the expiration of Ten Days from the establishment of any Market, and the Notification thereof as aforesaid, no Market, shall be opened or kept open except under the provisions of this Ordinance; and every Market which shall be opened or kept open otherwise than under the provisions of this Ordinance, shall, together with the Building or Buildings (if any) wherein the same shall happen to be holden, be deemed a common Nuisance. Trovided always that his Excellency in Council may, and is hereby empowered, to suspend the operation of this Section with respect to any Market now existing, and which it may be deemed expedient to continue or keep open after the passing of this Ordinance.

Certain marketable-

out of Market.

All other soles of

VIII. Licensed Hawkers may lawfully hawk for sale any Green Vegetables or Fruit, Bean Curds, Articles may be sold Congee, and Soup, and Boatmen may lawfully sell any Fresh Fish from their Boats to the Crews or Occupants of other Boats or Vessels; provided that such Sales take place at a distance from the Shore of at least Three Hundred Feet; neither shall this Ordinance prevent any Person from selling on his own Premises any Bread, Milk, Confectionary, or Salt Fish, (provided that such Salt Fish be sold in quantities not less at any one time than the weight of one Picul,) nor (if a Licensed Victualler or a Keeper of a Boarding, Eating, or Coffee House, or Cook Shop) from supplying any Cooked provisions to a Customer.

IX. All Persons soever within the said District of Victoria or the Harbour thereof (except in the marketable Articles out cases specified in Section. Eight) are hereby forbidden to sell or expose for sale in any place soever, not of Market prohibited. being a Public Market within the incaning of this Ordinance, any articles of Food for man usually sold or expo ed for sale in a Public Market. Provided always that nothing in this Ordinance contained shall apply to the sale of Rice. Sales in Markets to X. No.Sales within any Market shall take place but in a Stall or in a Shop; and such Stalls and Shops, take place in Stalls or and the Rooms or Dwelling Houses over or adjoining such Shops, shall be constructed of such dimensions Shops. Stalls and and designs, and of such materials, as the Surveyor General shall direct, subject to the approval of His Shops how to be con- structed.

Excellency in Council. Underletting forbid-

den.

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XI. No Lessee or Renter of a Stall, or of a Shop or House, within any Market, shall underlet or assign, the saule, or any part thereof, without a written License of His said Excellency in Council. Wholesale Depots to

XII. In every Market to be established under this Ordinance, there shall be set apart Two Lan or be provided in cachi Entrepots for the sale and purchase by Wholesale of Swine, Fish, Fowl (whether alive or dead), Vegetables and Fruit, in which the 'Retail Dealers in such articles having Stalls of Shops in such Market így purchase

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