الجاف
rant.
The Wongkong Government Gazette.
Apprehension of Of-
V. It shall be lawful for any person witnessing the commission of an Offence against Section III of fenders without War- this Ordinance, to seize the said Offender, and to deliver him to any Constable, or to the said Justice of the Peace; and no Warrant shall be in any case necessary to justify the Apprehension of any such Offender as aforesaid.
Carelessness or Ac- cidental Damage.
Summary procedure before Justices.
ment.
VI. When any Damage or Injury shall have been occasioned unto any such articles by any person otherwise than wilfully, and such person shall not have made satisfaction for the same, it shall be the duty of any Justice of the Peace, upon Complaint thereof made, to order and compel the said person to make full satisfaction for the amount of such Damage or Injury, together with all incidental Costs and Expenses.
VII. All Proceedings before a Justice of the Peace under this Ordinance shall be had, and the payment of all pecuniary Penalties, Costs, and Damages under the same shall be enforced, in like manner as in other cases of or belonging to the summary jurisdiction of Justices is by law provided.
Disposal of Monies. VIII. All Monies recovered or received under this Ordinance shall be paid into the Colonial Treasury. Chinese Offenders IX. It shall be discretionary with any Court before which any Chinaman shall be convicted of any may be ordered to be Felony or Misdemeanor under Section III of this Ordinance, and for any Justice of the Peace before whom publicly whipped or put in the stocks in any Chinaman shall be convicted of any Offence against Section IV of this Ordinance respectively, to order stead of other Punish- such Offender to be publicly whipped or publicly exposed in the Stocks. And every such order shall be fully executed upon the said offender at one time, or at more times than one, as such Čourt or Justice shall direct. And every such Punishment, when fully undergone and suffered, shall be taken to be in substitu- tion of all other Punishments or Penalties for the Offence whereof he shall have been so convicted, yet so as that no such Offender shall be ordered to receive more than Thirty-six Blows within any one space of Twenty-four Hours, nor more than Eighteen Blows at any one whipping; and that no such Offender so convicted under Section III as aforesaid shall be ordered to receive more than One Hundred and Fifty blows, nor less than Fifty blows, for any one such offence; and that no such offender convicted under Section IV aforesaid shall be ordered to receive more than Fifty blows, nor less than Ten blows, for any one such offence. And so as that no such offender shall be ordered to be exposed in the Stocks for more than Six Hours within any one space of Twenty-four hours, nor more than Two Hours at any one time; and that no such offender so convicted under Section III as aforesaid, shall be ordered to be ex- posed in the Stocks for more than Six times for any one such offence; and that no such offender convicted under Section IV aforesaid shall be ordered to be exposed more than Twice for any one such offence.
Preamble.
Interpretation of
terms.
"Public Officer” or "Department."
"Lawful Authority."
"Property."
HONGKONG.
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ANNO DECIMO NONO VICTORIA REGINÆ.
No. 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 to regulate Chinese Burials, and to prevent certain Nuisances, within the Colony of Hongkong.
[ May, 1856.]
Whereas the increasing Mortality amongst the Chinese people of this Colony is mainly owing to the existence of certain Nuisances which the Laws hitherto in force have failed effectually to prevent: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Le- gislative Council thereof, in manner following, that is to say:-
I. For the construction as well of this Ordinance as of Ordinance No. 14 of 1845, the Ordinance No. 2 of 1854, the Ordinance No. 8 of 1856, and the Ordinance No. of 1856, the following Rules of Construction shall be observed in addition to whatsoever other Rules are by the said Ordinances respectively provided, that is to say:-
*1
The expressions «Public Officer or "Public Department" shall extend to and include His Excel- lency the Governor and every Officer or Department invested with or performing duties of a public nature, whether under immediate control of His Excellency or not.
The expression "Lawful Authority" shall extend to and denote any Permission which may be law- fully given by a Public Officer or Department or by a Private Person,
Where no specific Description is given of the Ownership, of any Property the word "Property" shall be taken to apply to all such Property of the kinds specified, whether owned by the Crown or by a Private
Person.
The Governor in II. It shall be lawful for His Excellency in Executive Council from time to time to select and appoint, Executive Council to and by advertisement in the Hongkong Government Gazette to notify, sufficient and proper Places to be the appoint Sites for Chi- Sites of, and to be used as, Cemeteries or Places of Burial for the Chinese; and from time to time to alter, vary, nese Cemeteries, &c.
and repeal the said Notifications by others, to be advertised in the like manner; and in such Cemeteries or Places it shall be lawful for the Chinese, in conformity with the Provisions of the Notifications actually in force, to bury their Dead, yet so as that any person who shall use for that purpose a Grave of less than Five Feet in depth from the ordinary surface of the ground to the uppermost side of the Corpse or Coffin therein depo. sited, shall for every such Offence forfeit and pay a sum not exceeding Fifty Dollars, nor less than Ten Dollars, or (at the discretion of the Justices before whom he shall be convicted) be once or oftener publicly Whipped, in such sort as that he shall not receive in the whole for any one such offence more than Twenty- five Blows nor less than Ten.
Power to close Chi- nese Cemeteries.
Penalties on Burials
elsewhere than in meteries, &c.
III. His said Excellency in Executive Council is authorized from time to time to notify, by advertise. ment in the Hongkong Government Gazette, that any Chinese Cemetery or Burial Ground shall, from a time in such Notification to be specified, be closed, and the same shall be closed accordingly; and whosoever after the expiration of the said specified time shall bury any Corpse in the said Cemetery or Burial Ground shall, for every such offence, forfeit and pay a sum not exceeding One Hundred Dollars nor less than Twenty, or (at the discretion of the Justices) be once or oftener publicly Whipped, in such sort as that he shall not receive in all for every such offence more than One Hundred Blows nor less than Twenty-five.
IV. Whosoever shall bury any Corpse or Coffin in any Ground not being a Cemetery or Burial Ground Ce-authorised under this or any other Ordinance, shall (except in cases provided for by Section Three of this Ordinance) for every such his offence forfeit and pay a sum not exceeding Eighty-five Dollars nor less than Fifteen, or (at the discretion of the Justices) be once or oftener publicly Whipped, in such sort as that he shall not receive in all for every such offence more than Eighty-five Blows nor less than Fifteen. Further penalties on V. The penalties in Sections Three and Four specified shall be deemed to be cumulative and not Burials being Nuisau substituted penalties, in any case where the commission of any of the Offences to which the same are appli- ces, &c.
cable shall occasion a Nuisance within the meaning of Ordinance No. 8 of 1856, Section XIV.
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