RAILWAY RULES

RAILWAYS.

Subsidiary legislation under this Chapter, with sub-
sequent amendments (if any) incorporated, is set out as
follows-
Page
Railway Rules ......................... ... ... ... 143
Tai Po Railway Pier Rules .............. ... ... 153

RAILWAYS RULES.

(Cap. 99, section 29(2)).
(Ordinance No. 21 Of 1909).

[11th May, 1928.]

1. The interpretation of these rules shall be governed
by section 2 of the Ordinance.

2. No obligation to carrv out the service indicated by
any time-table shall be implied by the publication thereof.

3. (1) The fares appearing in current lists or tables
of fares posted at rhe stations are and shall be deemed to
be fixed and authorized fares payable at the booking-offices
of the railway.

(2) The fares fixed by the administrator in case of
payment on any train, or at any station of arrival, are and
shall be fifty per cent higher than the fares indicated in
paragraph (1), to the intent that the benefit of the more
favourable rate so indicated can only be obtained by the
purchase of tickets in the normal manner at booking-offices.

4. No undertaking is given or implied that the issue
of tickets to intending passengers can or will be completed
before the departure of any train. Unless otherwise ordered
by the administrator booking-offices will be open half an
hour before the departure of each passenger train.





5. (1) In circumstances deemed by the administrator
to be special the administrator may refuse, absolutely or
failing acceptance of stipulations or conditions, to carry any
person, animal, cargo, goods, wares or thing. Every person
accepting such stipulations or conditions shall duly comply
therewith and be bound thereby.

(2) Where any animal, cargo, goods, wares or thing
is or are carried from China to the Colony on a through
railway invoice marked 'Subject to completion of Chinese
Customs requirements at Kowloon' such animal, cargo,
goods, wares or thing shall be accepted by the adminis-
trator subject to the condition, which shall be binding on
the consignor and consignee and their agents, that failing
adjustment of Chinese Customs requirements at Kowloon
the animal, cargo, goods, wares or thing will not be
delivered in the Colony but will be- returned by the adminis-
trator to the Chinese 'Customs Station at Shurn Chun.

6. Every, person while on the railway premises or in
any train or carriage shall comply with all notices, indica-
tors and other direciions whatsoever intended for his
guidance.

7. Passengers will be booked and fares accepted
subject to the condition that room is available in the train
for which the tickets are issued.

8. Passengers must examine their tickets and change
before leaving the booking-office counter; claims in respect
of alleged mistikes will not afterwards be entertained.

9. Every ticket issued shall be deemed to have incor-
porated therein all the provisions relating to tickets contained
in the Ordinance, and in these rules.

10. The issue of season tickets is in the discretion of
the administrator.

11. The holder of a ticket, for whom there is not room
available in the train by which he is booked, will be
permitted to use the ticket by any succeeding train leaving
within twenty-four hours, or if he elects not to travel, will







have his fare refunded if application is made within one
hour of the departure of the train from which he was shut
out.

12. The holder of a ticket for whom there is no accom-
modation of the class indicated by his ticket may-
(a) elect to take lower class accommodation, in which
case the difference in fare will be refunded; or
(b) return his ticket, complete and undefaced, and
obtain a refund of the fare paid therefor, if such
return be made within an hour of the departure
of the train; or
(c) use his ticket by any, succeeding train not later
than the day following the day of issue: Pro-
vided that, if any date appearing on the ticket is
to be changed, he shall produce such ticket to the
booking-office of issue for noting.

13. (1) Passengers, while travelling, may have their
tickets made available for a higher class of carriage on
application to the guard and on payment of the difference
in fare. In all such cases the passenger will be given a
special excess fare ticket as his permit to travel in the higher
class.

(2) Whett a passenger, before commencing his journey,
wishes to change his ticket for one of a higher class and
pays the difference of fare, the original ticket will be
exchanged for a fresh ticket available for the higher class
carriage.

14. A season ticket holder travelling in a higher class
of carriage than that for which his ticket is available shall
be regarded as holding an ordinary single ticket for the
class indicated in his season ticket.

15. Any passenger left behind at any station on
account of sickness or because he is unable, on any other
account considered by the administrator to be good and
sufficient cause, to use his ticket, may, on prompt com-
munication being made to the traffic manager, have his
ticket made available for a subsequent date.





16. Except as provided in these rules any ticket not used on
the day, within the period or for the journey for which it was
issued shall lapse and shall be deemed to be cancelled.

17. If a passenger be found travelling with a ticket so
mutilated that the number or date cannot be deciphered, lie will
be regarded as not having paid his fare.

18. All tickets are and shall remain the property of the
administrator. No person other than a person duly authorized by
the administrator in that behalf shall sell or attempt to sell or offer
for sale any pass, ticket or return portion of any ticket and no
person shall transfer or attempt or offer to transfer his pass or
ticket, or return portion of any ticket, by gift, sale or other
disposition.

19. No passenger, unless he joins the train at a stopping-
place where tickets are not issued, or unless he is the then holder
of an ordinary full fare ticket to the intermediate station at which
he alights and also re-books at the full ordinary rate- without
deriving any advantage as regards fare by the double booking,
shall take a ticket at any intermediate station for the purpose of
continuing his journey in the same train as that in which he
arrives at such station.

20. No ticket, whether single or return, shall be used by a
passenger for a journey other than that between the stations
named thereon, and only to a station between these so named if
the passenger, by so using the ticket, derives no advantage as
regards fare.

21. No person shall use his ticket, either single or return, for
any other than an unbroken journey, (necessary changes
excepted) between the stations named thereon.

22. No season ticket holder whose ticket does not extend to
the entire railway service shall use such ticket for a portion of any
journey not expressly covered by such ticket.





23. Except as in these rules expressly provided, no refund will be
granted for or in respect of any unused, expired or lapsed return portion
of any ticket. Any refund made will be subject to a deduction of ten Per
cent.

24. Every passenger who pays any excess fare shall demand and
obtain a receipt in due form therefor; every such receipt shall be
deemed to be part of his ticket and shall be dealt with accordingly.

25. Any person found travelling without a proper ticket or who
refuses to pay the authorized excess fares on the train -may be removed
from the train and from railway premises.

26. No person knowingly suffering from leprosy or
from any of the following diseases-
bubonic fever; small-pox;
cholera; typhus fever;
diphtheria; typhoid fever;
measles; whooping cough;
scarlet fever;
shall, except in strict accordance with a written permit first
obtained from the administrator, resort to or come upon any
premises of the administrator, or travel or attempt to travel
on any railway. No person who has charge of any person
who has any such disease shall, without the like authority-,
aid or assist the person having any such disease to travel
or attempt to travel on the railway. The issue of such
permit shall be in the absolute discretion of the administra-
tor and such conditions may be attached thereto and charges
inade for or in respect thereof as the administrator thinks fit.

27. Accommodation on trains will as a rule be provided for first,
second and third class passengers but the adminisrator reserves the
right to run trains under any conditions and with such accommodation
as may in his judgment be advisable.

28. Children, if thought by the railway official in charge of the train,
or other official whose duty it is to issue, collect or examine tickets, to be
three years of age or under, and if accompanied and cared for by a ticket





holder, who may be another child holding a half-fare ticket, will be
allowed to travel free and without tickets. The claim of any
aggrieved person to recover any fare paid for a child alleged to be
under three years of age will only be considered upon prompt
application being made to the railway official in charge of the
train. The decision of the administrator upon every such claim
shall be final.
29. Half fares will be accepted for children thought by the
railway official or servant issuing the ticket to be over three years
and less than twelve years of age. The claim of any aggrieved
person paying full fare to recover half the sum paid by him will
only be considered upon prompt application being made to the
railway official in charge of the train. The decision of the
administrator upon every such claim shall be final.
30. Cheques will not be accepted at any booking-office.
31. Zone time is used throughout the railway. Zone time is
eight hours in advance of Greenwich time.
32. Reserved accommodation for all classes must be made
the subject of special reference to the traffic manager and twenty-
four hours' notice be given.
33. No person, except passengers going by train and
authorized persons, shall go on to a platform at a station. Station-
masters are authorized to use their discretion in allowing persons
on a platform when accompanying or meeting friends travelling
by train.
34. No person other than a licensed porter first engaged by a
passenger, or a railway official or a railway servant, shall handle
or move or attempt to handle or move any passengers' luggage.
35. No person shall solicit engagement in or for the handling
or moving of passengers' luggage.
36. No person, unless authorized by the administrator, shall
sell or expose or offer for sale any goods or wares in or upon any
railway premises or any train or carriage.





37. No person, unless authorized by the administrator, shall
post, stick, paint or write, or caused to be posted, stuck, painted
or written, any placard, bill, advertisement or other matter within
or on any post, fence, gate, platform, train, carriage, bridge, wall,
building or other property or premises of the administrator.
38. Every person to whom any licence whatsoever is granted
by the administrator shall duly comply with the conditions of the
licence.

39. No person shall place his feet on any scat or part of a
scat or on any table in any carriage.

40. No person other than a railway official acting in the
course of his duty shall
(a) enter or leave any carriage by any means other than
passing through the entrances and exits provided for the
purpose, and in a normal manner;
(b) open any locked carriage door.
This rule shall be suspended in cases of necessity resulting
from any railway accident.

41. Every person who finds any lost property in or upon any
railway premises, other than in any train or carriage, shall hand
over the same to the station-master at the nearest station.

42. No person, other than a railway official acting in the
course of his duty, shall remove from any train or carriage any
property lost or left behind therein.

43. No person shall throw or deposit any lighted cigarette
end, tobacco or match, or any unused match not being a safety
match, liquid, substance or thing on to the floor or scat of any
carriage or down any window-recess, slot or other crevice. or in
any position, spot or place liable to cause or promote fire.

44. Vehicle drivers and ricksha-pullers shall, while in or upon
any station, yard or other premises of the administrator, obey the
reasonable directions of any authorized employee of the
administrator.





45. No person shall drive any horse or horses attached to a
vehicle, or drive anv motor car or other vehicle through, into or
out of any railway station, yard or premise of the administrator
at a rate of speed liable to involve danger to others.

46. Except with the permission of the administrator, no
person shall leave or cause to be left any motor car or other
vehicle on any railway premises or on any station approach road
or entrance being tinder the control of the administrator.

47. No person shall ride or drive any horse, or any bicycle,
motor car, or other vehicle, upon or along any railway, pier,
wharf, platform or any pathway or other way used in connexion
with any railway stations, buildings, piers or wharves vested in,
used by or under the control of the administrator and set apart for
the exclusive use of pedestrians.

48. No person shall take or attempt to take along or across
any railway track anything whatsoever calculated to injure or
obstruct the railway track or the work of the railway unless he
has first notified the administrator and obtained his permission.
49. No person shall carry or have with him on any railway
premises or in any carriage or train any loaded firearms unless
with the written authority of the administrator.

50. No person shall deposit or throw or cause to be
deposited or thrown at or from any carriage or at or on any
railway property or premises any glass, stone or missile, or any
filth, dirt, rubbish or other offensive or waste matter.
51. No person shall bathe in or pollute the water of any
reservoir, tank, duct or water-container belonging to the railway.
52. No per ' son shall permit or suffer any sewage, drain-
age, night soil, sullage or other offensive matter to flow
or to be emptied or placed on any railway premises or
property.





53. Dogs will only be carried in accordance with the conditions
regulating the issue of dog tickets; the holder of the ticket shall duly
comply with such conditions. Dogs will not be conveyed in that part of
any carriage or other vehicle intended for the conveyance of
passengers.
54. Baggage includes wearing apparel and effects required for the
personal use of passengers when travelling. Every person taking or
having charge of baggage shall pay at parcels rates for any article or
thing not being wearing apparel and personal effects.
55. Every person shall allow his baggage to be examined by any
person authorized in that behalf by the administrator.
56. If a passenger conveys or attempts to convey merchandise as
baggage, the rate for such merchandise shall be ten times the ordinary
parcels rate.
57. If baggage, parcels or goods be not taken delivery of within six
months after arrival, the same will be sold and the administrator will keep
on the owner's account the proceeds thereof, deducting storage and
other expenses.
58. Charges for cargo, including animals and goods, and for excess
baggage shall be in accordance with the railway tariff book in the
absence of any special charge or rate in any particular case. Parcels, if
accepted for carriage, will be carried subject to conditions appearing on
the parcels receipt and subject to the fellowi rig conditions
(a)that no claim will be entertained after delivery to the
consignee;
(b))that, subject to condition (d) parcels not taken delivery of
within six months may be sold or, if considered unsaleable,
destroyed by the administrator;
(c)that the net proceeds of sale, if any, will only be accounted
for or refunded by the administrator within six months from
the date of sale;
(d)that perishable goods, if considered saleable, may be sold
after the expiration of sixteen hours from the time of arrival,
and if not sold may be destroyed ;





(e) that the contents of all parcels must be truly declared;
that any railway official or servant authorized by the
administrator in that behalf may examine the contents;
(g) that in circumstances deemed by the administrator to be
special parcels may be destroyed or otherwise disposed of as
the administrator may think fit;
(h) that articles required by the Ordinance, to be insured are duly
insured.

59. Should goods of a higher class be falsely declared as goods of
a lower class, the rate of excess shall be the difference and in addition
ten times the difference between the rates for the two classes.

60. If explosive or other dangerous goods are found to be declared
as ordinary goods, the rate of excess shall be the difference and in
addition fifteen times the difference between the rate for ordinary goods
and the rate for explosive or dangerous goods. If the false declaration is
discovered in course of transit, the goods may be unloaded from the car
and reloaded into another and the loading and unloading expenses thus
incurred shall be borne by the shippers.

61. In the case of persons found smugging goods the rate shall be
ten times the ordinary rate in the case of ordinary goods and fifteen
times the ordinary rate in the case of explosive or dangerous goods.

62. In any case of emergency or railway accident the person
appointed by the administrator in that behalf, or in his absence or failing
such appointment, then the senior railway official present, shall take
such steps as may appear to him expedient or necessary. Every other
person present shall assist such appointed person or railway official as
far as reasonably may be. No person shall obstruct any other person
assisting as aforesaid.

63. Nothing in these rules, and no prosecution or step or action
thereunder shall bar any claim for damages or other remedy, unless the
context so requires.

64. These rules may be cited as the Railways Rules.





TAI PO RAILWAY PIER RULES.
(Cap. 99, section 29(2)).
(Ordinance No. 21 Of 1909).

[13th August, 1926.]

1. No person shall cause any launch, lighter, junk, boat or
other vessel to be made fast to, or to be moored ~,t, or to be
brought to or to be alongside the Tai Po Railway Pier or the bund
leading thereto, or shall bring to, land at or take on board from the
said pier or the said bund any passengers, cargo, goods, effects
or things, unless such person has
(a) first obtained a licence in accordance with these rules;
or
(b) paid the appropriate fee or fees mentioned in Part 11 of
the scale of charges set forth in rule 12 :
Provided that the Manager, Kowloon-Canton Railway, in these
rules referred to as the manager, in his discretion, may allow the
occasional use of the said pier and bund free of charge by
vessels of not more than 70 piculs capacity.

2. Licences under these rules shall be in writing signed by
the manager. Licences shall be limited in their application to the
launches respectively named therein.

3. The fee mentioned in Part 1 of the said scale of charges
shall be paid by every licensee quarterly in advance.

4. Before granting any licence under these rules, and during
the subsistence of any such licence, the manager may require,
and the applicant or licensee shall supply., true and full particulars
as to the place or places between or from or to which the launch
plies or is to ply, and of the times of arrival or departure at and
from such place or places, and of the charges made or to be
made to passengers and for cargo.

5. All licensed launches bringing passengers for the railway,
unless prevented by accident or circumstances
Regulations, Fraser, vol. 2, p. 562. Interpretation. (Cap. 99.) No obligation to carry out the services. Authorized fares. Booking of passengers.
Conditions of cariage of persons, goods, etc. Passengers to comply with notices, indicators, etc. Booking subject to available ac-commodiation. Passengers to examinate tickets and change. Conditions of tickets. Issue of season tickets. Missed tickets.
Want of accom-modation. Changing into a higher class. Season ticket holder travel-ling in a higher class carriage. Passenger left behind.
Unused tickets to lapse. Mutilated tickets. Tickets not transferable. Booking at intermediate stations to continue journey by same train. Tickets only to be used between stations named thereon. Breaking journey at intermediate stations. Season tickets.
Refunds on unused tickets. Excess fare tickets. Passengers may be removed from trains. Infectious diseases. Accom-modation. Children under three years of age.
[r. 28 cont.] Children below twelve years of age. Cheques. Time. Reserved accom-modation. Persons other than passengers not allowed on platforms. Unauthorized persons not to remove luggage. Soliciting custom. Unauthorized sales.
Conveyance of dogs. Definition of passengers' baggage. Baggage may be examined. Merchandise conveyed as baaggage. Unclaimed baggage, parcels or goods. Conditions of carriage of goods, animals, parcels, etc.
[r. 58 cont.] Rates for carriage of goods falsely declared. Explosives declared as ordinary goods. Smuggling goods. Accident or other emergency. Saving of other remedies. Citation.
Regulations, Fraser, vol. 2, p. 572.

Regulations, Fraser, vol. 2, p. 562. Interpretation. (Cap. 99.) No obligation to carry out the services. Authorized fares. Booking of passengers.
Conditions of cariage of persons, goods, etc. Passengers to comply with notices, indicators, etc. Booking subject to available ac-commodiation. Passengers to examinate tickets and change. Conditions of tickets. Issue of season tickets. Missed tickets.
Want of accom-modation. Changing into a higher class. Season ticket holder travel-ling in a higher class carriage. Passenger left behind.
Unused tickets to lapse. Mutilated tickets. Tickets not transferable. Booking at intermediate stations to continue journey by same train. Tickets only to be used between stations named thereon. Breaking journey at intermediate stations. Season tickets.
Refunds on unused tickets. Excess fare tickets. Passengers may be removed from trains. Infectious diseases. Accom-modation. Children under three years of age.
[r. 28 cont.] Children below twelve years of age. Cheques. Time. Reserved accom-modation. Persons other than passengers not allowed on platforms. Unauthorized persons not to remove luggage. Soliciting custom. Unauthorized sales.
Conveyance of dogs. Definition of passengers' baggage. Baggage may be examined. Merchandise conveyed as baaggage. Unclaimed baggage, parcels or goods. Conditions of carriage of goods, animals, parcels, etc.
[r. 58 cont.] Rates for carriage of goods falsely declared. Explosives declared as ordinary goods. Smuggling goods. Accident or other emergency. Saving of other remedies. Citation.
Regulations, Fraser, vol. 2, p. 572.

https://oelawhk.lib.hku.hk/items/show/1816

RAILWAYS ORDINANCE

CHAPTER 99.

THE RAILWAYS ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page


1. Short title ................................ ... 115

2. Interpretation . ........................ ... ... ... ... ... 115

3. Authority of assistants ................. ... ... ... ... 116
4. Custody and administration .......... ... ... ... ... 116

5. Appointment of officers ................. ... ... ... ... ... 116

6. Sanction for railway construction ....... ... ... ... ... ... 116

7. Authority to execute all necessary work ... ... ... ... ... 116

8. Alteration of pipes, wires and drains ... ... ... ... ... 117

9. Power to enter lands .................... ... ... ... 117

10. Accommodation crossings, bridges, arches, culverts, etc. 118

11. Limitation of action for compensation ... ... ... 119
12. Removal of trees obstructing railway ... ... ... 120

13. Right to use locomotives, etc . ........ ... ... ... ... ... ... 120

14. Certificate to Governor in Council for opening of railway 120

15. Actions against the administrator ......... ... ... ... ... 121

16. Restriction on execution against railway property ... ... 121

17. Service of summons, notices, etc . ........ ... ... ... ... 121

18. Liability of administrator confined to carriage in the Colony. 121

19. Liability for loss or injury in respect of goods ... ... ... 122

20. Liability in respect of carriage of certain animals ... ... 122

21. Liability as to passenger's luggage .... ... ... ... ... 122

22. Liability as to articles ............... ... ... ... ... ... 122

23. Burden of proof in respect of loss of animals oi. goods ... 123
24. Notification of claims to refund of overcharges, etc . ... 123

25. Exoneration from responsibility if goods falsely described 123

26. Report of accidents .................... ... ... ... ... ... 124

27. Penalties for non-compliance with section 26 or 29(2) ... 124

28. Compulsory medical examination of person injured --- --- 124

29. Powers of administrator ................ ... ... ... ... ... 125





Section Page

30. Maximum load for wagons and trucks ........ ... ... 127

31. Powers of manager as to punishment of railway officials ... 127

32. Fares to be prepaid and tickets to be given up ... ... ... 128
33. Fare and freight to be accepted conditionally ... ... ... 129

34. Offences in connexion with fares .......... ... ... ... ... 129

35. Penalty for entering carriage in motion or riding on the steps. 129

36. Penalty for riding on engine, tender, luggage van, etc. ... 130

37. Penalty for smoking, chewing, etc . .... ... ... ... ... 130
38. Penalty for intoxication or nuisance ... ... ... ... ... 130

39. Passengers may be directed as to the carriage ... 131

40. Penalty for entering private room ol. carriage, etc . ... ... 131

41. Remedy for non-payment of sum due for carriage of goods, etc. 131
42. Further provision for detention and forfeiture in certain cases. 132

43. Written account of goods to be given on demand ... ... 132

44. Penalty for giving no account or false account ... ... ... 133

45. Carriage of goods of a dangerous ol. offensive nature ... 133

46. Persons suffering from leprosy, etc., not allowed to travel 133

47. Penalty for trespass ................... ... ... ... ... ... 134

48. Penalty for driving an animal upon or across a railway ... 134

49. Penalty for defacing pass or ticket .... ... ... ... ... 134

50. Penalty for obstructing railway servant ... ... ... ... 134

51. Occupation crossings ................... ... ... 134

52. Liability of owner of animal trespassing ... ... ... ... 135

53. Penalty for injury to carriage, etc . ... ... ... ... ... 135

54. Penalty for opening or not properly shutting gates oi. chains. 136
55. Penalty for drunkenness or breach of duty by railway official. 136

56. Penalty for negligent act .............. ... ... ... ... 136

57. Breach of rules .--- ................... ... ... ... ... 136

58. Apprehension of offenders .............. ... ... ... ... 137

59.............................Rules fox. the construction of the Ordinance ... ... ... 137

60. Recovery of fare, money due, damages and expenses ... ... 137

61.............................Penalty for removing documents or notices ... ... ... 137

SCHEDULE.
(Articles to be declared and insured).





CHAPTER 99.
RAILWAYS.

To regulate the construction and management of railways.

[16th July, 1909

1. This Ordinance may be cited as the Railways Ordinance.

2. In this Ordinance-

'administrator' means the manager or such other person as the Governor
may appoint to conduct the affairs of any railway. So long as any
railway is in course of construction, it includes the chief resident
engineer or such other person as the Governor may appoint to
supervise the said construction;

'assistant manager' means the person appointed by the Governor to
act as assistant manager of a railway;

'manager' means the person appointed by the Governor to act as
manager of a railway;

'railway' means a railway or any portion of a railway for the public
carriage of passengers, animals or goods, and includes

(a)all land with the fences or other boundary marks indicating
the limits of the land appurtenant to a railway;

(b)all lines of rails, sidings or branches worked over for the
purposes of or in connexion with a railway

(c)all stations, offices, warehouses, wharves, workshops,
manufactories, fixed plant, and machinery, and other works
constructed for the purposes of or in connexion with a
railway;

(d)all ferries, ships, boats and craft which are used for the traffic
of a railway and belong to or are hired or worked by or by the
authority of the administrator;

(e)any railway or portion of a railway in process of construction,
and





(f) all works connected with or for the purposes of a railway
authorized to be constructed;

'railway official' includes any manager or assistant manager and all
such officers, servants, agents and other persons as may be
employed to do any act upon or in connexion with a railway.

3. All duties and powers hereinafter required to be
performed and exercised by the manager or by the chief
resident engineer shall and may in the absence of the
manager or of the chief resident engineer, bc perfornied
and exercised by an assistant manager or by an assistant
engineer.

4. The administrator shall have the custody and
administration of all railways subject to the general authority
of the Governor in Council.

5. The Governor shall appoint suitable officers to
carry out the provisions of this Ordinance, such officers to
be under the control of the administrator, subject to the
general authority of the Governor.

6. (1) The Governor in Council may authorize the construction of
any railway within the Colony.

(2) The Governor may acquire such lands as he
may deem necessary for the purposes of such railway, and
any such purpose shall be deemed to be a public purpose
within the meaningof the Crown Lands Resumption
Ordinance.

Construction

7. For the purpose of constructing any such authorized railway,
the administrator may-

(a)make or construct in, upon, across, under or over any lands
or any streets, hills, valleys, roads, railways or tramways, or
any rivers, canals, brooks, streams or other waters, or any
drains, water pipes, gas pipes, electric wires, or posts, such
temporary or permanent inclined planes, arches, tunnels,
culverts, embankments, aqueducts, bridges, roads,





lines of railway, ways, passages, conduits, drains, piers,
abutments, cuttings and fences as the administrator thinks
proper;

(b)alter the course of any rivers, brooks, streams or
watercourses, for the purpose of constructing and
maintaining tunnels, bridges, passages or other works over or
under them; and divert, widen, narrow or alter, as well
temporarily as permanently, the course of any rivers, brooks,
streams or watercourses, or any roads, streets or ways; or
raise or sink the level thereof in order the more conveniently
to carry them over or under or by the side of the railway as
the administrator thinks proper ;

(c)make drains or conduits into, through or under any lands
adjoining the railway for the purpose of conveying water to
or from the railway;

(d)erect and construct such houses, warehouses, offices and
other buildings, and such yards, stations, wharves, engines,
machinery, apparatus and other works and conveniences, as
the administrator thinks proper;

(e)alter, repair or discontinue such buildings, works and
conveniences as aforesaid or any of them and substitute
others in their stead; and

(f) do all other acts necessary for making, maintaining, altering,
repairing or using the railway.

The exercise of the powers conferred on the adminis-
trator by this section shall be subject to the control of the
Governor in Council.

8. The administrator may for the purpose of exercising
the powers conferred on him by this Ordinance alter the
level or position of any pipe, conduit, drain, electric wire,
or post :Provided that he shall give reasonable notice of
his intention to do so to the person in control of the same
and shall execute the work to the reasonable satisfaction of
such person.

9. (1) The Governor in Council may authorize the. administrator of
any railway in case of any slip or other accident happening or being
apprehended to any cutting,





embankment or other work under his control to enter upon any lands
adjoining the railway, for the purpose of repairing or preventing the
accident, and to do all such works as may be necessary for the
purpose.

(2) In case of necessity the administrator may enter upon the
lands and do the works aforesaid without having the previous sanction
of the Governor in Council, but in such a case he shall within seventy-
two hours after such entry make a report to the Governor in Council
specifying the nature of the accident or apprehended accident and of
the works necessary to be done, and the power conferred on the
administrator by this subsection shall cease and determine if the
Governor in Council considers that the exercise of the power is not
necessary for the public safety.

10. The administrator shall make and maintain for the
accommodation of the owners aiid occupiers of lands adjoining any
railway

(a)convenient crossings, bridges, arches, culverts and
passages over, under or by the sides of or leading to or from
the railway for the purpose of making good any interruptions
caused by the railway to the use of the lands through which
the railway is made; and

(b)arches, tunnels, culverts, drains, watercourses or other
passages over or under or by the sides of the railway for the
purpose of conveying water at all times as freely from or to
such lands as before the making of the railway or as nearly
as may be

Provided that

(a)the administrator shall not be required to make any,
accommodation works in such a manner as would prevent ot
obstruct the working or using of the railway, or to make any
accommodation works with respect to which the owners or
occupiers of the land have agreed to receive and have been
paid compensation, or to make any accommodation works
with respect to which the owners or occupiers have





made no representations during the time that the
section of the railway affected was in course of
construction ; and

(b)where the administrator has provided suitable accom-
modation for the crossing of a road or stream and
the road or stream is afterwards diverted by the
act or neglect of the person having the control
thereof, the administrator shall not be compelled to
provide other accommodation for the crossing of
the road or stream.

11. No action or suit shall be brought or maintained
against the Crown or against the administrator or against
any person for compensation or for any loss or damage
resulting to any person by reason of the construction of
any railway works; but if any person considers himself to
be entitled to compensation in respect of any land or property
adjoining a railway, or of any interest therein which lias in
his opinion been injuriously affected by the construction of
such works, he may, if no agreement has been come to
between himself and the administrator, forward to the
Colonial Secretary a claim for compensation, which claim
shall be determined in the following manner-

(a)there shall be two arbitrators, one of whom shall be
nominated by the Governor and the other by the
person claiming compensation;

(b)the two arbitrators so nominated shall view the land
or property in respect of which such compensation
is claimed with the object of deciding what sum
should in the circumstances of the case be awarded
as compensation, and if the said arbitrators agree
as to the amount their decision shall be final. In
case of disagreement they shall, and at any stage
of the arbitration they may, refer the matter in
dispute to such one of the judges as umpire as the
Chief justice shall arrange aiid the decision of such
judge shall be final ;

(c)the decision of the arbitrators or the umpire, as the
case may be, shall be forwarded in writing to the
Colonial Secretary;





(d)where the amount of compensation, if any, is determined by
the arbitrators, each party shall pay the costs incurred by
him in respect of the matter of the arbitration, but if the
matter in dispute is referred to a judge the costs of and
incident to the arbitration and the inquiry by the judge shall
be in his discretion :

Provided that the Governor in Council shall as soon as
may be after the commencement of the construction of any
railway works by notification in the Gazette fix a date after
which no claim for compensation shall lie.

12. (1) In either of the following cases-

(a)where there is danger that a tree standing near a railway may
fall on the railway so as to obstruct traffic; or

(b) when a tree obstructs the view of any fixed signal,

the administrator may, with the permission of any magistrate, fell the
tree or deal with it in such other manner as will in the opinion of the
administrator avert the danger or remove the obstruction, as the case
may be.

(2) In case of emergency, the power mentioned in subsection (1)
may be exercised by the administrator without the permission of a
magistrate.

(3) A civil court shall not entertain a suit to recover
compensation for any tree felled or otherwise dealt with
under this section.

Opening of the railway

13. The administrator may use upon any railway
locomotive engines or other motive power and rolling stock
to be drawn or propelled thereby.

14. No railway shall be opened for the public carriage of
passengers until the chief resident engineer has certified in writing to
the Governor in Council that

(a)he has made a careful inspection of the railway and rolling
stock;





(b)the works and rolling stock are in a sound condition; and

(c)in his opinion the railway can be opened for the public
carriage of passengers without danger to the public using it.

Legal proceedings.

15. All actions and suits which, if the railway were the
the property of a company under the Companies Ordinance,
having its registered office in the Colony, might be brought
by and against such company may be brought by and against
the manager, anything in the Code of Civil Procedure to the
countrary notwithstanding, and for the purpose of all such
actions and suits the lands, buildings rolling stock and other
property appertaining to the railway shall be deemed t be
the property of the manager.

16. (1) None of the rolling stock, machinery, plant, tools, fittings,
materials or effects used or provided by the administrator for the
purpose of traffic on any railway or of its stations or workshops shall
be liable to be taken in execution of any decree or order of any court or
person having by law power to attach or distrain property or otherwise
to cause property to be taken in execution.

(2) Nothing in subsection (i) is to be construed as affect-
ing the authority of any court to attach the earnings of a
railway in execution of a judgment or order.

17. (1) Any summons, notice, order or other document required to
be served upon the manager may be served on him personally or by
post in a registered letter addressed to the manager at the principal
office of the administrator.

(2) Where a summons, notice, order or other document
is served by post, it shall be sufficient in proving such service
to prove that the letter containing the document was properly
addressed and registered.

Responsibility of the administrator as carrier.

18. The administrator shall not be liable for loss, injury,
destruction or deterioration of animals or goods delivered for carriage
by the railway unless such loss, injury, destruction or deterioration
shall have occurred within the Colony, and





in any suit against the administrator for compensation in
respect thereof the burden of proving such fact shall he upon
the person claiming compensation.

19. The administrator shall in no case be liable for loss
or injury to any articles or goods to be carried by the railway
unless it shall have been caused by negligence or misconduct
on the part of his agents or servants, and unless the articles
or goods in respect of which compensation is claimed shall
have been booked and paid for in conformity with this
Ordinance.

20. (1) The responsibility of the administrator for the loss,
destruction or deterioration of animals delivered to be carried on the
railway shall not in any case exceed, in the case of horses five hundred
dollars a head, in the case of mules, donkeys or horned cattle one
hundred and fifty dollars a head, in the case of sheep, goats, dogs or
other animals fifty dollars a head, unless the person sending or
delivering them caused them to be declared or declared them at the
time of their delivery to be respectively of higher value.

(2) Where such higher value has been declared, the
administrator may charge in respect of the increased risk a
percentage upon the excess of the value so declared over the
respective sums aforesaid.

21. The administrator shall not be responsible for the
loss, destruciton or deterioration of any passenger's luggage
Unless it has been delivered into the custody of a railway
official.

22. (1) When any articles mentioned in the Schedule are contained
in any parcel or package delivered to the administrator for carriage by
railway and the value of such articles exceeds one, hundred dollars, the
administrator shall not be responsible beyond that sum for the loss,
destruction or deterioration of the articles in the parcel or package
unless the person sending or delivering it caused its value and
contents to be declared or declared them at the time of its delivery, and
if so required paid or engaged to pay a percentage on the value so
declared in respect of the increased risk.

(2) When any parcel or package of which the value has been
declared under subsection (i) has been lost or destroyed





or has deteriorated, the compensation recoverable in respect thereof
shall not exceed the value so declared, and the burden of proving it to
have been the true value shall, notwithstanding anything in the
declaration, lie on the person claiming the compensation.

(3) The administrator may make it a condition of carrying a parcel
declared to contain any article mentioned in the Schedule that the
railway servant authorized in this behalf has been satisfied by
examination or otherwise that the parcel actually contains the article
declared to be therein.

(4) This section shall not apply to any parcel carried
by the railway for any postal authority

23. In any suit against the administrator for compensation for loss,
destruction or deterioration of animals or goods delivered for carriage
by railway, it shall not be necessary for the plaintiff to prove how the
loss, destruction or deterioration was caused; but the burden of
proving the value of the animals or goods, and where the same have
been injured, the extent of the injury, shall lie upon the claimant.

24. A person shall not be entitled to a refund of an
overcharge in respect of animals or goods carried by a rail-
way or to compensation for the loss, destruction or deterioration
tion of animals or goods delivered to be so carried unless his
claim has been preferred in writing by him or on his behalf
to the administrator within six months from the date of
delivery of the animals or goods for carriage.

25. Notwithstanding anything in the foregoing provisions the
administrator shall not be responsible for the loss, destruction or
deterioration of any goods with respect to the description of which an
account materially false has been given by the owner or person having
charge thereof, if the loss, destruction or deterioration is in any way
brought about by the false account, and the administrator shall not be
responsible in any case for an amount exceeding the value of the
goods calculated in accordance with the description
contained in the false account.





Accidents.

26. When any of the following accidents occurs in the working of
any railway

(a)any accident attended with loss of human life or with
grievous bodily harm or with serious injury to property;

(b) any collision between trains one of which is a train carrying
passengers;

(c)the derailment of any train carrying passengers or any part
of such a train;

(d)any accident of a description usually attended with loss of
life or with grievous bodily harm or with serious injury to
property; or

(e)any accident of any other description which the Governor in
Council may notify in this behalf in the Gazette,

the administrator shall without unnecessary delay send notice
of the accident to the Colonial Secretary, and the station
master nearest to the place where the accident occurred, or
where there is no station master the official in charge of that
part of the railway on which the accident occurred, shall
give notice of the accident to the officer in charge of the
nearest police station.

27. Any, station master or railway official who omits to
give notice of an accident as is required by section 26 or by
any rules under subsection (2) of section 29 shall upon Sum-
mary conviction be liable to a fine of two hundred and fifty
dollars.

28. Whenever any person injured by an accident on a railway
claims compensation on account of the injury, any court or person
having by law or consent of the parties authority to determine the
claim may order him to be examined by a medical practitioner named in
the order and not being a witness on either side, and may make any
order with respect to the costs of the examination as it or he
thinks fit.





Management.

29. (1) It shall be lawful for the administrator to do all things
(including entering into contracts) which may be necessary for the
construction, maintenance and repair of the railway, and for the
construction, maintenance, repair and renewal of the rolling stock, and
efficient working of the railway, and particularly

(a) to arrange the train service

(b)to settle the timetables and alter the same from time to time
as may be necessary;

(c)temporarily to suspend the service either wholly or in part;

(d) to fix the speed at which the rolling stock shall run

(e)to fix, and alter as occasion may require, the fares to be paid
by passengers travelling on the railway and to issue tickets
for the same ;

(f) to fix the different rates payable for the carriage of various
goods over the railway aiid to classify such. goods and to
alter such rates by either increasing or decreasing them as he
may deem necessary from time to time;

(g) to issue and make charges for platform tickets;

(h)to reserve in any manner the whole or any part of the
accommodation of any train, ferry, ship, boat, craft or vehicle
used in or for the service of the railway;

(i)to fix and vary from time to time the rates for the carriage of
any animals by the railway;

(j) to grant licences-

(i) to porters other than railway servants to handle cargo,
goods or passengers' baggage or luggage; and

(ii) to any person to use the railway premises, property
and rolling stock, or any part thereof, for exhibiting notices,
bills, posters, advertisements and announcements whether
pictorial or otherwise; and





(iii) to vendors of fruit, goods or wares on railway
premises or in any train,

and to make charges therefor and to attach conditions
thereto.

(2) Subject to the approval of the Governor in Council the
administrator may by rules provide for--

(a) the gencral purposes of administration;

(b)the carriage of passengers and all matters connected
therewith and the restrictions to be placed upon the carriage
of persons who are lepers or who are suffering from any
contagious or infectious disease ;

(c)the conditions under which tickets shall be issued, including
conditions for the examination and search for the purpose of
enforcing any enactment in force in the Colony or for
customs purposes of the person, baggage or goods of
passengers travelling on the railway to or from a place in the
Colony from or to a destination in China;

(d)the receipt, transportation and delivery of goods to be carried
over the railway and all matters connected therewith, together
with the restrictions to be placed upon dangerous and
offensive, perishable or fragile goods, or other classes of
goods;

(e)the terms upon which any goods or class of goods will be
received for carriage by the railway

(f) the receipt, transport and delivery of animals over the
railway, and the terms upon whicb they will be received for
carriage by the railway and the restrictions placed upon such
carriage.

(g) the hours of employment and the work to be done
by railway servants;

(h)the conduct aiid control of all persons working for or on the
railway whilst on the railway premises, rolling stock or
properly,

(i) the procedure to be followed in the case of accidents;





(j) forms;

(k)such other purposes as may be necessary to carry out
effectively the provisions of this Ordinance.

(3) All rules made under this section, unless some other date be
fixed by such rules, shall come into operation on the day on which
they are niade, aiid it shall not be necessary to publish such rules in
the Gazette.

(4) The administrator shall keep at each station a copy
in English and Chinese of the rules made under this section
aiid shall allow any person to inspect any such copy at all
reasonable times.

30. (1) The administrator shall determine the maximum load for
every wagon or truck in his possession and shall conspicuously
exhibit and keep exhibited on the outside thereof the load so
determined.

(2) Every person owning a wagon or truck which passes over the
railway shall similarly determine, exhibit and keep exhibited its maximum
load.

(3) The gross weight of any such wagon or truck bearing
upon the axles when it is loaded to such maximum load shall
not exceed such limit as may be approved by, the adminis-
trator for the class of axle.

31. (1) The manager may, on sufficient cause to him appearing and
subject to the provisions hereinafter contained, summarily dismiss any
railway official who is not confirmed to the fixed establishment of the
Colony and who is not under written agreement, or may suspend any
such official from the performance of his duties : Provided that every
official so dismissed or suspended shall have the right of appeal to the
Governor, and should such suspension or dismissal be confirmed the
official if suspended shall be thereupon dismissed from the service of
the railway, or if already dismissed by the manager, shall be deemed to
bc finally dismissed without further appeal.

(2) If any person employed on the railway is alleged to have
committed any breach of any rule made under section 29, the manager
may, in lieu of prosecuting such person, inquire summarily into such
allegation, and if he is of





opinion that the allegation is established he may impose on such
person a fine not exceeding the basic monthly salary paid to such
person.

(3) Unless the penalty be paid, the amount of such penalty may
be deducted from the pay of the person on whom the penalty was
imposed : Provided that no sum greater than the amount of seven
days' pay shall be so deducted in any one month from the pay of any
such person, except upon the termination of his employment.

(4) An appeal to the Governor shall lie from any penalty imposed
by the manager under this section.

(5) Every appeal to the Governor under this section shall be by a
written petition setting forth the facts complained of and such petition
shall be sent to the Colonial Secretary not later than fourteen days
after the commission of the act giving the right to appeal.

(6) This section shall not apply to any railway official
in receipt of a basic salary the minimum figure on the scale
of which is, in the case of a male four hundred dollars per
month or more and, in the case of a female three hundred
and twenty dollars per month or more.

32. No person, unless exempted from the payment of fare by or
under any general rule made under section 29, shall enter any carriage
used on a railway or any steamer belonging to the administrator for the
purpose of travelling therein without having first paid his fare and
obtained a ticket. Every person not so exempted desirous of travelling
on the railway shall upon payment of his fare be furnished with a ticket
specifying the class of carriage for and the station from and the station
to which the fare has been paid, and shall when required show his
ticket to any railway official duly authorized to examine the same, and
shall deliver deliver up such ticket upon demand to any railway official
duly authorized to collect tickets. Every person not so exempted who
does not produce or deliver up his ticket as aforesaid shall be liable to
pay the fare from the place whence the train or steamer originally
started unless he can prove that he has travelled a less distance, in
which case he shall be liable to pay the fare only from the place whence
he has travelled.





33. The fare or freight paid for the conveyance of
passengers or goods respectively shall be deemed to be
accepted only upon condition that there is room in the trains.
In case there is not room for all the passengers or goods,
those passengers who have tickets for the longest distance
shall have the preference, and those who have tickets for the
same distance shall have the preference according to the
order in which they have received their tickets; and the
like order shall be observed as to goods : Provided that
all officers and troops on duty aiid all other persons travelling
on the business of the Government shall be entitled to priority
over the public without reference to the distance for which
or the order in which they have received their tickets.

34. (1) Any person who, with intent to defraud the
administrator-
(a)travels or attempts to travel on a railway without
having previously paid his fare; or
(b)rides in or upon a carriage of a higher class than
that for which he has paid his fare; or
(c)having paid his fare for a certain distance, knowingly
and wilfully proceeds by train beyond that distance
without previously paying the additional fare for the
additional distance; or
(d)on arriving at the station to which he has paid his
fare, remains upon the railway premises; or
(e)transfers or lends any pass or ticket or any portion
of any ticket obtained by him to any other person
or
(f) in any other manner attempts to evade payment of
his fare,
shall upon summary conviction be liable to a fine of one
thousand dollars or imprisonment for six months.

(2) The liability of an offender to punishment under this
section shall not prejudice the recovery of any fare payable
by him.

35. Any passenger who-

(a)gets into or upon or attempts to get into or upon,
or quits or attempts to quit, any carriage upon the
railway while such carriage is in motion; or





(b)rides or attempts to ride upon the railway on the steps or any
other part of a carriage except on those parts which are
intended for the accommodation of passengers,

shall upon summary conviction be liable to a fine of two
hundred and fifty dollars. [391

36. Any person who, without the permission of the manager, rides
or attempts to ride in or upon any engine, cab or tender, or any luggage
van, goods wagon or other vehicle or any part thereof not appropriated
to the carriage of passengers on on any railway, shall upon summary
conviction be liable to a fine of two hundred and fifty dollallars.

37. (1) Any person who-

(a)smokes or chews tobacco, opium or other like substance
either in a waiting room or in or upon any railway carriage set
apart for females or nonsmokers; or

(b)spits in, from or upon any railway waiting room, platform or
other premises or any railway cariage,

shall upon summary conviction be liable to a fine of fifty dollars

(2) Any person who persists in infringing any of the
provisions of subsection (i), after being warned to desist
by any railway official or passenger, may, in addition to
incurring the liability mentioned in the said subsection, be
removed by any such official from any such carriage and
frorn the railwy premises and, further shall forfeit. his
fare.

38. Any person who is in a state of intoxication or is insufficiently
or indecently clad, or who commits any nuisance or act of indecency in
any railway carriage or upon any part of the railway premises, or who
wilfully and without lawful excuse interferes with the comfort of any
passenger on a railway, shall upon summary conviction be liable to a
fine of two hundred and fifty dollars, and to imprisonment for three
months and, further, may be removed by any railway official from any
such carriage and also from the railway premises and, further,
shall forfeit his fare.





39. Any passenger may be directed by a station master
guard, or other railway official to enter and travel in any
carriage or compartment which such railway official may
indicate, not being of a lower class than that for which he
has paid his fare, and any passenger refusing or neglecting
to conform to such direction may be removed by any railway
official from the railway premises and further shall forfeit
his fare.

40.(a) Any male person who without lawful excuse enters
any special carriage or portion of a carriage or any private
room or apartment provided for the exclusive use of females,
knowing the same to be so appropriated, or who remains
therein after having been informed of its appropriation; and

(b)any person who without lawful excuse enters any special
carriage or compartment reserved for the private use of any
other person, knowing the same to be so reserved, or who
remains therein after being requested to leave the same; and

(c)any person who, having obtained a ticket of one class,
knowingly and wilfully refuses or neglects to leave any room
or place set apart for passengers of a higher class,

may be forthwith removed therefrom and also from the
railway premises and, further, shall forfeit his fare and
shall upon summary conviction be liable to a fine of two
hundred and fifty dollars.

41. If any person shall fail to pay on demand any sum due for the
conveyance of any goods on a railway, it shall be lawful for the
manager to detain all or any part of such goods or if the same shall
have been removed from the railway premises any other goods of such
person which may be therein or shall thereafter come into the
possession of the administrator, and it shall be lawful for the manager,
after reasonable notice to such person, to sell by public auction a
sufficient quantity of such goods to realize the sum payable as
aforesaid and all charges and expenses of such detention and sale, and
out of the proceeds to retain the said sums rendering the surplus, if
any, and such of the goods as shall remain unsold to the person
entitled thereto; or





the manager may recover any such sums by action at law.
The goods of passengers may also be detained and sold and
the proceeds disposed of as above provided for non-payment
of the fare due by them.

42. (1) The administrator, or any person or persons authorized by
him in this behalf, may detain any goods found on any train

(a) which are without any apparent owner; or

(b)which (not being bona fide passengers' baggage placed on
the train by, or with the authority of, a railway official) have
not been declared for freight.

(2) The administrator may, in his absolute, discretion, either return
any goods so detained, or any part thereof, to any person claiming to
be the owner thereof, on such terms as he may see fit to impose, or
declare such goods, or any part thereof, to be forfeited; and on the
making of any such declaration the goods declared to be forfeited shall
be deemed to be the property of the Crown free from all rights of any
person.

(3) Where goods have been declared to be forfeited
under the provisions of the foregoing subsection upon
information supplied by a person other than a public servant
it shall be lawful for the administrator, subject to any general
or special instructions of the Governor in Council, to authorize
the payment to such person of an amount, not exceeding
one-quarter of the proceeds of sale realized or to be realized
upon the sate of such goods, which he considers will con-
stitute an appropriate reward. In the event of such person
being a person employed by the Chinese Maritime Customs
any reward payable under this subsection shall in lieu of
being paid to such person be paid to such official of the
Chinese Maritime Customs as may, in the opinion of the
administrator, be authorized to receive it.

43. The owner or person having the care of any goods which shall
have been carried upon a railway or shall be brought to the railway
premises for the purpose of being carried on the railway shall on
demand by any railway official deliver to hint an exact account in
writing signed by him of the number or quantity and description of
such goods. This provision shall not apply to passengers' luggage.





44. Any such owner or person as aforesaid who, upon
demaned by any railway official, fails to give such account or
wilfully gives a false account shall upon summary conviction
be liable to a fine of one hundred dollars for every (on of
goods and of fifty dollars for any quantity less than a
ton.

45. (1) No person shall carry or cause to be carried upon a railway
any dangerous goods as defined by section 2 of the Dangerous Goods
Ordinance, 1873, or any goods which may be declared dangerous or
offensive by any general rule made under section 29 of this Ordinance,
except in accordance with the provisions of any general rule made
under the last-mentioned section.

(2) Any person who carries upon or delivers for carriage by the
railway any such dangerous goods without distinctly declaring the
nature of the same shall upon summary conviction be liable to a fine of
five hundred dollars.

(3) It shall be lawful for any railway official to refuse
to carry any luggage or parcel, vessel or package that may
be suspected to contain dangerous or offensive goods and
and to require, the same to be opened, and in case any such
luggage or parcel, vessel or package shall have been received
for the purpose of being carried on the railway, it shall be
lawful for any railway official to stop the transit thereof
until he is satisfied that the nature and contents of the
luggage or parcel, vessel or package are not dangerous or
offensive.

46. Any person knowingly suffering from leprosy,
smallpox or other contagious or infectious disease who travels
by any railway except in accordance with any rules made in
that behalf shall upon summary conviction be liable to a fine
of one thousand dollars; and if any person whilst travelling
be discovered to be so suffering it shall be lawful for any,
railway official to remove him from the carriage and from
the railway premises at the first opportunity, and such person
may in addition to any fine be ordered to pay the amount of
any expenses incurred in the disinfection of any portion of any carriage or
occupied by him while so travelling. Every such carriage or portion of a
carriage shall be properly





disinfected as soon as practicable and shall not be used
for the conveyance of passengers until it has been so disinfected.

47. Any person who trespasses upon a railway or upon
any of the lands, stations or other premises appertaining
thereto shall upon summary conviction be liable to a fine of
two hundred and fifty dollars, and every person who being
without lawful excuse on the railway or premises refuses to
leave the same on being requested to do so by any railway
official may be immediately removed therefrom and shall
upon summary conviction be liable to a fine of one thousand
dollars or imprisonment for six months.

48. Any person who wilfully rides, leads or drives
upon or across a railway any animal except in directly cross-
ing the railway at any road or place appointed for that
purpose at a time at which he may lawfully do so, ot, who
tethers any animal upon or within reach of any railway, or
who suffers any animal to stray upon any railway, shall upon
summary conviction be liable to a fine of two hundred and
fifty dollars

49. Any person who wilfully alters or defaces his pass or ticket so
as to render the date, number or any material portion thereof illegible
shall upon summary conviction be liable to a fine. of two hundred and
fifty dollars.

50. Any person who wilfully obstructs or impedes any
railway servant in the discharge of his duty shall upon
summary conviction be liable to a fine of five hundred dollars
or imprisonment for three months.

51. It shall be lawful for the Governor to declare by notification
any road or path which a railway may cross to be an occupation
crossing. All occupation crossings shall be used subject to such rules
as the Governor in Council may make in that behalf. The following
provisions are subject to modification by such rules as aforesaid. The
gates of occupation crossings are not to close across the railway and
are to be kept locked by means of padlocks the keys of which shall be
kept by, railway officials. Every person desiring to use the same must
give reasonable notice of his intention to do so to the station master of
the nearest station.





Cattle passing over the occupation crossing must not be
driven but led by a suitable and properly secured halter.
Every person using or attempting to use an occupation
crossing without such notice, and every person causing cattle
to cross without such halter, and the owner of any cattle so
crossing, shall upon summary conviction be liable to a fine
of two hundred and fifty dollars or imprisonment for three
months.

52. (1) The owner of every animal which trespasses or strays upon
any railway or upon any railway lands (such railway or lands being
provided with suitable fences for excluding cattle) shall upon summary
conviction be liable to a fine of twenty-five dollars for each such
animal.

(2) It shall be lawful for any railway official to take or
drive every animal found so trespassing to the nearest police
station, there to be detained until a sum of twenty-five dollars
for each such animal and the expenses of feeding and keeping
it be deposited or until a magistrate otherwise orders.


(3) Should any such animal prove unmanageable it shall be lawful
for any railway official to kill it and the owner shall be liable to
prosecution and fine if the trespass be proved.

(4) A magistrate may, upon proof of the trespass, cause such
animal to be sold by public auction.

(5) Any such deposit or the proceeds of any such sale
as aforesaid shall, after deducting therefrom such fine as the
magistrate may award and such further sum as he may order
to be paid for the expenses of keeping, feeding and, if the
animal has been sold, of selling such animal shall be
returned or paid to the owner.

53. Any person who-

(a) unlawfully and wilfully removes or defaces any
number-plaate or removes or extinguishes any lamp on any
carriage or signal-post belonging to the railway; or

(b) wilfully imitates any railway signal; or

(C)Wilfully or negligently damages or injures any carriage,
engine, wagon, truck, station, warehouse, bridge, building,
machine, rail points, fence or any other matter or thing
belonging to the railway,





shall upon summary conviction be liable to a fine of one
thousand dollars or imprisonment for one year.

54. Any person for whose use or accommodation any
gate or chain has been set up by any railway, official on either
side of a railway, and every other person, who opens such
gate or chain or passes or attempts to pass or drives or
attempts to drive any cattle, carriage or other animal or
thing across the railway at a time when any engine or train
approaching along the same is in sight, or at any time omits
to shut and fasten such gate or chain as soon as he and
any cattle, carriage or other animal or thing under his
charge have passed through the same, shall upon summary
conviction be liable to a fine of two hundred and fifty
dollars.

55. Any railway official who-

(a)is in a state of intoxication or under the influence of opium,
compound of opium, morphine or any other narcotic, whilst
actually employed upon the railway or any of the works
connected therewith in the discharge of any duty; or

(b)negligently omits to perform his duty or performs the same in
an improper manner,

shall upon summary conviction be liable to a fine of two
hundred and fifty dollars, and if the duty be such that the
omission or negligent performance thereof would be likely
to endanger the safety of any person travelling or being upon
the railway, shall be liable to a fine of one thousand dollars
and imprisonment for one year.

56. Any person who rashly or negligently and without
lawful excuse does any act which is likely to endanger his
own safety or that of any person travelling or being upon
the railway shall upon summary conviction be liable to a
fine of one thousand dollars and imprisonment for six
months.

57. Any person who wilfully does any act which is forbidden, or
neglects to do any act which is required by any rules made under this
Ordinance and for which no penalty, is specially provided shall upon
summary conviction be liable to a fine of two hundred and fifty dollars.





58. Any person who commits any offence. under this
Ordinance may be lawfully apprehended, without any
warrant or written authority, by any railway official or by
any other person whom such railway official shall call to
his aid or by any police officer, and every person so appre-
hended shall with all convenient despatch be taken before a
magistrate to be dealt with according to law.

59. In the construction of this Ordinance every railway
official shall be legally bound to do everything necessary for
or conducive to the safety of the public, and every such
official shall be legally prohibited from doing every act which
is likely to cause danger.

60. The provisions of the Magistrates Ordinance, shall
apply to every proceeding before and every order by a magistrate
under this Ordinance, and the payment of any fare for
which any passenger not producing or delivering up his ticket
is liable, or of any sum of money, damages or expenses for
which any person shall be liable under this Ordinance, may,
be recovered and shall be enforceable in like manner as the
payment of a civil debt recoverable summarily before a
magistrate.

61. Any person who wilfully or maliciously removes, defaces or in any
way injures any copy of any rules kept at a station as required by subsection
(4) of section 29, or any notice or document posted by or by the authority of
the administrator at a station or anywhere upon a railway, shall upon summary
conviction be liable to a fine of two hundred and fifty dollars or imprisonment
for three months.

SCHEDULE. [s. 22.]
ARTICLES TO BE DECLARED AND INSURED.

(a) gold and silver, coined or uncointed manufactured or unmanufactured;

(b) plated articles;

(e) cloths and tissue and lace of which gold or silver forms part, not being
the uniform or part of the uniform of an officer, soldier, sailor, police officer or
of any public officer entitled to wear uniform;





(d) pearls, precious stones, jewellery and trinkets;

(e)watches, clocks and timepieces of any description;
Government securities;

(g) Government stamps;

(h) bills of exchange, promissory notes, bank notes and orders or other
securities for payment of money;

(i) maps, writings and title-deeds;

(j) paintings, engravings, lithographs, photographs, carvings, sculpture
and other works of art;

(k) art pottery and all articles made of glass, china or marble;

(l) silks in a manufactured or unmanufactured state, and whether
wrought up or not wrought up with other materials;

(m) shawls;

(n) lace and furs;

(0) opium;

(p) ivory, ebony, coral and sandalwood;

(q) musk, sandalwood oil and other essential oils used in the preparation
of perfume;

(r) musical and scientific instruments;

(s) any article of special value which the Governor in Council may, by
notification in the Gazette, add to this Schedule.
Originally 21 of 1909. Fraser 21 of 1909. 48 of 1948. 9 of 1950. Short title. Interpretation. [s. 2 cont.] Powers of assistant manager or assistant engineers. Custody and administration. Appointment of officers. Sanction for railway construction. (Cap. 124.) Authority to execute all necessary work. Construction of inclined planes, etc. Alteration of the courses of rivers, etc. Construction of drains or conduits. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor in Council. Alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. [s. 9 cont.] Maintenance of crossings, bridges, arched, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. [s. 11 cont.] Removal of trees obstructing the working of a railway. Right to use locomotives, etc. Certificate to Governor in Council prior to opening of railway. Actions against the administrator, how brought, (Cap. 32.) (Cap. 4, rules.) Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administrator confined to carriage within the Colony. [s. 18 cont.] Liability for loss or injury in respect of goods. Provision as to liability in respect of carriage of certain animals. 9 of 1950, Schedule. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Schedule. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Penalties for non-compliance with s. 26 or 29 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. 9 of 1950, Schedule. [s. 29 cont.] 48 of 1948, s. 2. Maximum load for wagons and trucks. Powers of manager as to punishment of railway officials. [a. 31 cont.] 48 of 1948, s. 3. 48 of 1948, s. 3. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connection with fares. 48 of 1948, Schedule. Penalty for entering carriage in motion or riding on the steps. [s. 35 cont.] 48 of 1948, Schedule. Penalty for riding on engine, tender, luggage van, etc. 48 of 1948. Schedule. Penalty for smoking, chewing, etc. 48 of 1948, Schedule. Penalty for intoxication or nuisance. 48 of 1948, Schedule. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. 48 of 1948, Schedule. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. [s. 41 cont.] Further provision for detention and forfeiture in certain cases. 48 of 1948, s. 4. Written account of goods to be given on demand. Penalty for giving no account or false account. 48 of 1948, Schedule. Carriage of goods of a dangerous or offensive nature, (1 of 1873.) 48 of 1948, Schedule. Persons suffering from leprosy, etc., not allowed to travel. 48 of 1948, Schedule. [s. 46 cont.] Penalty for trespass. 48 of 1948, Schedule. Penalty for driving an animal upon or across a railway. 48 of 1948, Schedule. Penalty for defacing pass or ticket. 48 of 1948, Schedule. Penalty for obstructing railway servant. 48 of 1948, Schedule. Occupation crossings. 48 of 1948, Schedule. Liability of owner of animal trespassing. 48 of 1948, Schedule. 48 of 1948, s. 5. Penalty for injury to carriage, etc. [s. 53 cont.] 48 of 1948, Schedule. Penalty for opening or not properly shutting gates or chains. 48 of 1948, Schedule. Penalty for drunkenness or breach of duty by railway official. 48 of 1948, schedule. Penalty for negligent act, etc. 48 of 1948, Schedule. Breach of rules. 48 of 1948, Schedule. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. (Cap. 227.) Penalty for removing documents or notices. 48 of 1948, Schedule. [Sched. Cont.]

Originally 21 of 1909. Fraser 21 of 1909. 48 of 1948. 9 of 1950. Short title. Interpretation. [s. 2 cont.] Powers of assistant manager or assistant engineers. Custody and administration. Appointment of officers. Sanction for railway construction. (Cap. 124.) Authority to execute all necessary work. Construction of inclined planes, etc. Alteration of the courses of rivers, etc. Construction of drains or conduits. Erection of buildings, etc. Alteration or discontinuance thereof. Other necessary works. Control of Governor in Council. Alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. [s. 9 cont.] Maintenance of crossings, bridges, arched, culverts, etc. Exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. [s. 11 cont.] Removal of trees obstructing the working of a railway. Right to use locomotives, etc. Certificate to Governor in Council prior to opening of railway. Actions against the administrator, how brought, (Cap. 32.) (Cap. 4, rules.) Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administrator confined to carriage within the Colony. [s. 18 cont.] Liability for loss or injury in respect of goods. Provision as to liability in respect of carriage of certain animals. 9 of 1950, Schedule. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Schedule. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. Penalties for non-compliance with s. 26 or 29 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. 9 of 1950, Schedule. [s. 29 cont.] 48 of 1948, s. 2. Maximum load for wagons and trucks. Powers of manager as to punishment of railway officials. [a. 31 cont.] 48 of 1948, s. 3. 48 of 1948, s. 3. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connection with fares. 48 of 1948, Schedule. Penalty for entering carriage in motion or riding on the steps. [s. 35 cont.] 48 of 1948, Schedule. Penalty for riding on engine, tender, luggage van, etc. 48 of 1948. Schedule. Penalty for smoking, chewing, etc. 48 of 1948, Schedule. Penalty for intoxication or nuisance. 48 of 1948, Schedule. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. 48 of 1948, Schedule. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. [s. 41 cont.] Further provision for detention and forfeiture in certain cases. 48 of 1948, s. 4. Written account of goods to be given on demand. Penalty for giving no account or false account. 48 of 1948, Schedule. Carriage of goods of a dangerous or offensive nature, (1 of 1873.) 48 of 1948, Schedule. Persons suffering from leprosy, etc., not allowed to travel. 48 of 1948, Schedule. [s. 46 cont.] Penalty for trespass. 48 of 1948, Schedule. Penalty for driving an animal upon or across a railway. 48 of 1948, Schedule. Penalty for defacing pass or ticket. 48 of 1948, Schedule. Penalty for obstructing railway servant. 48 of 1948, Schedule. Occupation crossings. 48 of 1948, Schedule. Liability of owner of animal trespassing. 48 of 1948, Schedule. 48 of 1948, s. 5. Penalty for injury to carriage, etc. [s. 53 cont.] 48 of 1948, Schedule. Penalty for opening or not properly shutting gates or chains. 48 of 1948, Schedule. Penalty for drunkenness or breach of duty by railway official. 48 of 1948, schedule. Penalty for negligent act, etc. 48 of 1948, Schedule. Breach of rules. 48 of 1948, Schedule. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. (Cap. 227.) Penalty for removing documents or notices. 48 of 1948, Schedule. [Sched. Cont.]

https://oelawhk.lib.hku.hk/items/show/1815

POST OFFICE REGULATIONS

POST OFFICE.
POST OFFICE REGULATIONS.
(Cap. 98, section 3).
(Ordinance No. 7 Of 1926).
[1st September, 1938.]

1. These regulations may be cited as the Post Office
Regulations.

2. In any government notification specifying the
postage rates for the time being in force, and in these
regulations-
'printed paper' means a document which is produced by some
mechanical process other than typewriting;
'commercial paper' means a document produced wholly or partly by
hand, which has not the character of personal correspondence and
which does not represent a monetary value;
'circular' means a communication produced by typewriting or other
mechanical process of which copies are addressed to a number of
persons in identical or nearly identical terms.

3. Circulars for addresses in the Colony shall be posted
in batches of not less than ten of uniform size and weight and shall be
posted by being delivered to an officer of the Post Office.

4. The maximum weights for the following postal
articles shall be-
Maximum
weight.
(a) Letters for any destination 4 lb.
for destinations in
the Common-
(b) Printed papers and. wealth 5 lb.
commercial papers
for destination
elsewhere 4 lb.





Maximum
weight.
for destinations in
the Common-
(c) Samples wealth or Egypt. 5 lb,
for destinations
elsewhere 1 lb.
(d) Small packets for any destination 2 lb.

(e) Literature for thefor any destination 11 lb.
blind, posted as such.
Great Britain and
Insured boxes Northern Ireland,
Malaya and China 2 lb.

5. Samples shall possess no saleable value and neither the samples
nor the packets containing them shall bear or contain any writing except
the name or commercial style of the sender, the address of the person
for whom they are intended, a trade mark or manufacturer's mark and
numbers, prices and indications relative to weight, measurements,
dimensions or quantity, or necessary to determine the origin or nature
of the goods.

6. (1) A class of postal packets called 'small packets' is authorized
with the object of affording facilities, in the international service, for the
transmission of small articles of merchandise in the letter mails. The
exchange of small packets is limited to those countries which have
agreed to participate in the service.
(2) The maximum dimensions of a small packet shall be 15 inches by
8 inches by 4 inches or, if in roll form, 18 inches in length and 6 inches
in diameter.
(3) the prohibitions applicable to letter post shall apply also to the
service of small packets. In addition, the following shall be specially
excluded from transmission in small packets
(a) letters, notes or documents having the character
of actual and personal correspondence (this prohi-






bition shall not apply to open invoices reduced to the
simplest form, the address of the addressee, the
description of the article and the sender's address);
(b) coins;
(c) banknotes
(d) currency notes;
(e) negotiable instruments payable to bearer;
(f) platinum, gold or silver, manufactured or not;
(g) precious stones;
(h) jewels and other valuable articles;
(i) postage stamps, whether obliterated or not.

(4) Small packets shall be subject to the requirements for
samples of merchandise as regards form, make up and packing
(e.g. they shall be sent in such a manner as to be easily
examined). In addition, the name and address of the sender shall
be shown on the outside of the packet and each packet shall be
conspicuously marked SMALL PACKET in the top left hand
corner.

(5) Small packets may be registered but not insured.

7. Printed papers, commercial papers and samples may be
inclosed in the same packet : Provided that
(a) each article taken separately shall not exceed the limits
of weight and size applicable to it; and
(b) the total weight shall not exceed 5 lb. if addressed to the
United Kingdom, a British possession or protectorate, or
a country not in the Universal Postal Union, and 4 lb. if
addressed to any foreign country in the Universal Postal
Union.

8. The following letters shall not be subject to any postage-

(a )letters on official business, posted in Hong Kong, from a
department of the Government of the Colony, addressed
to the. United Kingdom or to a British possession or
protectorate, marked ON HIS MAJESTY'S SERVICE
and signed in the lower left-hand corner with the usual
signature of the head or assistant head of the
department of origin;
(b) letters on postal business posted in Hong Kong and
addressed to the, Postmaster General; and





(c)letters on Hong Kong Savings Bank business posted in Hong
Kong and addressed 'Hong Kong Savings Bank'.

9. The following postal packets shall be charged the same rates of
postage as if they were letters
(a) all postal packets which are closed to inspection except
parcels; and
(b) all postal packets which contain a letter.

10. No.postal packet shall contain any inclosure which is directed
to a name and address different from the name and address borne on the
cover and which is inclosed with the intention of evading postage. Any
such inclosure may be taken out and may be forwarded to the addressee
charged with separate postage.

11. Precious stones, jewellery and other precious articles shall not
be sent by letter post.

12. Notwithstanding any alternative method of treatment and
disposal of prohibited articles authorized by the Ordinance, it shall be
lawful for the Postmaster General, or any officer of the Post Office
authorized by him in that behalf, forthwith to destroy any postal packet
and the contents thereof which may have been opened under the
authority of section 10 12 or 13 of the said Ordinance and the contents of
which may be any obscene, immoral, indecent, offensive or libellous
writing, pricture or other thing.

13. Subject to any special agreement between the Postmaster
General and any particular steamship company, the rates of the
gratuities payable under section 19 of the Ordin
ance, shall be-
(a) For transit mails other
than parcels conveyed
to Indo-China and to
ports in China south of
Shanghai $0.50 per bag or paper
..packet.





(b) For transit mails other
than parcels conveyed to
Canada, the United
States (including Ha-
waii), Europe, Australia
and New Zealand $2.00 per bag.
(c) For transit mails other
than parcels conveyed
to any other destination. $ 1,00 per bag.
(d) For mails other than
parcels made up in
Hong Kong $0.10 per lb. or fraction
of a lb.
(e) For parcels originating
in Hong Kong or transit
parcels $0.05 per parcel.

14. The fee for the return of a postal packet under section 11 of the Ordinance
shall be So cents payable in G.N.A.139/49.
stamps.
15. (1) The fee (payable in advance) for the use of a G.N. 410/47.
private box shall be-
(a) Annual, expiring 31st According to size of box,
December, $36 or $24,
or
(b) Monthly, expiring last According to size of box,
day of calendar month. $3 or $2.

(2) A deposit of $5 shall be paid for the use of the key.

(3) Any person desiring to renew his annual or monthly use of a
private box shall pay the annual or monthly fee as the case may be, at
least seven days prior to the expiry date. Failure to comply with this
provision shall entitle the Postmaster General to let the use of the box to
any other person, at any time after the expiry date.

(4) Any person desiring to discontinue the use of a box shall, on
discontinuance, forthwith return the key to the Postmaster General and
reclaim the deposit. Failure to comply with this provision shall entitle the
Postmaster General to forfeit the deposit.





16. The fee for a certificate of posting shall be 2 cents for each
packet posted. It shall be Payable in advance by means of a 2 cents
postage stamp affixed to the certificate.

17. The fee for the reception of mail matter shall be $2 per year or
part of a year. The certificate shall lapse on the 1st December of the year
in which it is issued unless renewed.
18. (1) The registration fee shall be 30 cents for each postal packet
and the fee for an acknowledgmeit of the receipt by the addressee of
any registered postal packet shall be 30 cents.

(2) The registration fee and the postage on a registered packet shall
be prepaid.

19. Unregistered postal packets found to contain banknotes, used
or unused postage stamps, cheques payable to bearer or uncrossed
postal orders or postal notes shall be subject to compulsory registration
and shall be charged a registration fee of fifty cents for each such
packet.

20. (1) For cash on delivery parcels a special fee will be collected for
any trade charge at the rate of io cents for each $xo or fraction of $io
and, in addition, a posting fee of 20 cents will be levied 'on each parcel
so posted.

(2) The trade charge on any one parcel shall not exceed -C40 (or
$200 in the case of Macao).

(3) The cash on delivery fee and the postage must be prepaid on
everY cash on delivery parcel.

(4) In this regulation 'trade charge' means the amount to he
collected on delivery.

21. (1) Local money orders (limit $4oo Hong Kong currency) will be
issued payable in Hong Kong and Macao. Commission shall be charged
at the rate of i cent per dollar or part of a dollar with a minimum charge of
5 cents.

(2) Foreign money orders will be issued at rates of exchange fixed by
the Postmaster General from ti-i-ne to time. Commission shall be charged
at the rate of il cents per dollar or part of a dollar with a minimum charge
of io cents.





(3) In the case of foreign money orders drawn through
London, which must be expressed in sterling, the London
General Post Office will, before issuing an order in the
currency of the country of payment, make a deduction at the
rate of 2d. for each 1 or part of a 1 with a minimum
deduction of 4d.
(4) The limits for a single foreign money order shall be
G$100, 600 rupees, 400 yen and $200 (Chinese cur-
rency) respectively.
(5) A foreign money order remaining unpaid for one
year after the date of issue shall he treated as void.
(6) The fee for an advice of payment shall be 30 cents.
(7) For each telegraphic money order there shall be
charged an additional fee Of 30 cents and also the cost of
the telegram of advice at the deferred rate.

22. Imperial postal orders will be issued at rates of
exchange fixed by the Postmaster General from time to
time.

23. The commission chargeable on local postal notes of
25 cents each payable at Hong Kong and Macao shall be
1 cent,

24. The fee for insurance shall be So cents for each
$300 or part thereof. The right to insure, the limits up to
which insurance may be effected, and the right to compen-
sation in case of loss or damage, shall be subject in.all
respects to the provisions of the Postal Guide. In this re-
gulation 'Postal Guide' means the Postal Guide issued by
the Postmaster General, current at the time of insuring or
claiming as the case may be, and includes anyamendments
of the same whereof notice may from time to time be
exhibited at the Post Office.

25. The selling prices of Imperial and International
reply coupons shall be 20 cents and 45 cents each respec-
tively.

26. The Postmaster General may from time to time fix
temporary charges for letters accepted at Hong Kong for
transmission by experimental Air Mail services. Such
charges shall be in addition to the regular postage and
notice thereof shall be exhibited at the Post Office.





27. (1) The Business Reply Envelope and Card
system mentioned in this regulation enables a person to
obtain transmission, through the local post, without pre-
payment of postage, of envelopes and cards addressed to
himself which he may distribute inclosed with advertising
or other matter.

(2) A person desiring the facilities afforded by the
Business Reply Envelope and Card system must first obtain
a. permit from the Postmaster General.

(3) The fee for a permit shall be $io and must be paid
in advance. Every permit will expire at the end of one
year from date of issue but may be renewed for further
periods of one year at n time on payment of a fee of $io
in respect of each such renewal.

(4) Complete printed proofs of the envelopes or cards
must be forwarded to the Postmaster General for approval
and must conform in size, form and quality to the conditions
prescribed for letters and post cards of the local post and
be printed in black. The address side of the envelope or
card should be printed strictly in accordance with the speci-
men shown below and must not bear any other printings or
markings.

No Postage
Postage Stamp
will be necessary
paid by if posted in
Addressee. Hong Kong.

BUSINESS REPLY CARD*

PERMIT No. 6o.

John Smith & Co.,
1 Chater Road,
Hong Kong.

* or Envelope.





1 (5) The postage due on such cards and envelopes
transmitted to the permit-holder will be calculated at pre-
paid rates applicable to such articles and will be collected
from him on delivery.

(6) Business reply envelopes and cards cannot be
registered, insured or marked for express delivery.

(7) Without prejudice to any other penalties prescribed
in the Ordinance, the permit will be liable to cancellation
in the event of default in payment of postage due on such
cards and envelopes as are transmitted to the permit-holder
through the post.

28. Insured boxes addressed to Great Britain and
Northern Ireland, Malaya and China will be accepted for
transmission in the surface transport letter mails under the
conditions set out in the schedule to this regulation.

The registration fee shall be 30 cents per box and the
insurance fee shall be $0.50 for each $300 of insured value
or part thereof with a maximum insured value of $2,400.

SCHEDULE.
(a) Articles of gold and silver, precious stones, jewellery and
other articles of a like nature, which are prohibited from
transmission in insured letters, may be sent in the letter
mails as 'insured boxes'.
(b) The undermentioned classes of articles are prohibited from
transmission in insured boxes for any destination-
(i) articles the admission or circulation of which in
the country of destination is prohibited;
(ii) letters or notes which may serve as a substitute
for correspondence;
(iii) current coin;
(iv) banknotes or securities payable to bearer;
(v) bonds, and
(vi) articles included in the category of commercial
papers.
It is, however, permissible to insert in an insured box
an open invoice confined to the particulars which constitute
an invoice, and also a simple copy of the addressee's name
and address, and the name and address of the sender.
(c) No claim shall be made in respect of any article contained
in an insured box, any of the contents of which have been
confiscated by a competent authority of any of the coun-
tries of origin, transit or destination.
(d) An insured box must not exceed 2 lb. in weight and must
not measure more than 12 inches in length, 4 inches in
breadth and 4 inches in height. The box employed for pack-
ing must be strongly made of metal or wood, and when a
wooden box is used the wood must be at least A of an inch
thick.





(e) An insured box must be tied crosswise with a single strong
string (not two or more pieces joined), the two ends of
the string being held together under a seal of fine wax
bearing a private mark. The box must also be sealed on
the four sides with seals identical with that used for the
ends of the string. The box must not be wrapped in paper,
but the surfaces of the top and bottom must be covered
with white paper for the inscription of the addressee's name
and address and the insured value of.the contents and for
the impression of the official stamps.

(f) An insured box is subject to the Customs regulations and
laws in force in the country of destination and must be
accompanied by a Customs declaration prepared by the
sender. Customs declarations of the non-adhesive form
used for parcels should be used for boxes posted in this
Colony; but the heading of the first column of the form
should be altered' to 'Insured Boxes-Boites avec valeur
d6clarie' when the form is used for an insured box. The
Customs declarations must be prepared with great care, and
must specify precisely the style of packing and include a
description of the box, its gross weight and the total value
of the contents. The net weight and value of each of the
different kinds of article contained in the box must also be
shown separately.

(g) No box can be accepted for transmission under this arrange-
ment unless the postage, registration and insurance fees are
fully prepaid. Two forms of Customs declarations are
required.

29. If the Postmaster General is of the opinion that the
delivery of telegrams and postal articles cannot readily be
effected at any place without danger to the officers of the
Post Office or because there are not at such place proper
facilities for the receipt of telegrams and postal articles, he
may suspend delivery at such place for such period as he
may think fit upon giving notice of such suspension either
by leaving the same with any adult person at such place or
by causing the same to be inserted in a daily newspaper
published in the Colony.

30. The serider of a parcel may be required to prove his
identity and it shall be lawful for the Postmaster General or
any officer of the Post Office authorized in that behalf to
refuse a parcel the sender of which has after being so required
failed to submit such proof.

31. The sender of a parcel or of a small packet referred
to in these regulations addressed to a place outside the Coloriv
rriust make a customs declaration stating the full address, the
nature, value and the net weight of the contents.
Regulations Fraser, vol. 8, p. 979. G.N. 410/47 G.N.A. 69/48. G.N.A. 70/48. G.N.A. 139/49.
[r. 4 cont]
[r. 8 cont.]
G.N.A. 139/49. G.N. 410/47.
G.N.A. 69/48.
G.N.A. 70/48. G.N.A. 70/48.
(Cap. 98) G.N.A. 70/48.
[sch. cont.]

Regulations Fraser, vol. 8, p. 979. G.N. 410/47 G.N.A. 69/48. G.N.A. 70/48. G.N.A. 139/49.
[r. 4 cont]
[r. 8 cont.]
G.N.A. 139/49. G.N. 410/47.
G.N.A. 69/48.
G.N.A. 70/48. G.N.A. 70/48.
(Cap. 98) G.N.A. 70/48.
[sch. cont.]

https://oelawhk.lib.hku.hk/items/show/1814

POST OFFICE ORDINANCE

CHAPTER 98.
THE POST OFFICE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... 91
2. Interpretation ... ... ... ... ... ... ... ... ... ... 91
3. Regulations ... ... ... ... ... ... ... ... ... ... ... 93

4. Rates of postage ........................ ... ... ... ... 94
5. Appointment of officers ................. ... ... ... ... ... 94

6. Exclusive privilege of Postmaster General ... ... ... ... 94

7. Exemption from liability ................ ... ... ... ... 96

8. Decision of Postmaster General as to classification final 97

9. Discretion as to relative urgency ....... ... ... ... ... ... 97

10. Postal packets which cannot be despatched or delivered ... 97
11. Postal packets, mistake or wrong or deficient contents ... 97

12. Postal packets which contravene the law, etc ... ... ... ... 97

13. Warrant for opening and delaying postal packets ... ... 98

14. Disposal of postal packets opened under section 30, 12 or 13--- 98

15. Extension of sections 12, 13 and 14 to certain articles ... 99

16. Masters of ships to deliver postal packets withou delay 99

17. Notice to be given of departure of ships ... ... ... ... 99

18. Masters of ships to accept postal packets or mail bags ... 100

19. Gratuities to masters of ships for conveyance of postal
packets ... ... ... ... ... ... ... ... ... ... 100

20. Damages for non-delivery of postal packets or mail bags 101

21. Liability for payment of postage, etc . ... ... ... ... ... 101

22. Right to withhold from person refusing to pay postage, etc. 102

23. Power of search and seizure ............ ... ... ... ... ... 102

24. Surrender of clothing, etc., on ceasing to be officer ... ... 103
25. Postal packets delivered at hotels, etc., and not claimed ... 104

26. Stealing, etc., of postal packets and letters ... ... ... 104

27. Diversion of postal packets ............ ... ... ... ... 105

28. Unlawful retention of postal packets ... ... ... ... ... 105
29. Unlawful opening, etc., of postal packets ... ... ... ... 105

30. Damaging, etc., letter boxes ........... ... ... ... ... ... 105

31. Prohibition of limitation of certain marks, etc. ... ... 105

32. Prohibited articles .................... ... ... ... ... ... 106

33 Offences by officers of the Post Office ... ... ... ... ... 108

34. Obstruction ............................ ... ... ... ... ... 109
35. Laying of property ..................... ... ... ... ... ... ... 109

36. Evidence ... ... ... .. . ... ... ... ... ... .. ... ... 109
37. Offences ... ... ... ... ... ... ... ... ... ... ... ... 110
38. Penalties ... ... ... ... ... ... ... ... ... ... ... ... 110

39. Limitation of time ..................... ... ... ... ... ... ... 112





CHAPTER 98.

POST OFFICE.

To amend the law relating to the Post Office.

[1st July, 1926.]

1. This Ordinance may be cited as the Post Office Ordinance.

2. (1) In this Ordinance

'clubbed packet' means a packet containing a collection of Chinese
letters made up by any person not being an officer of the Post
Office aiid transmitted by post with a view to the letters inclosed
in such packet being delivered to more than one person through
the agent of the person by whom the packet was made up;

'contract ship' means any ship which is under contract with the
Postmaster General, or with His Majesty's Postmaster General, or
with the postal authority of any, British possession or British
protectorate, or with the postal authority of any foreign state
which is a member of the Universal Postal Union, for the
conveyance of mails, for more than one voyage;

'letter' includes every communication from one person or body of
persons to another person or body of persons, sent on any
material, by means of any words or other signs, however
produced on such material so sent;

'mail bag' means any bag, basket, box, parcel, or other envelope or
covering, in which postal articles in course of transmission by
post are conveyed, whether it does or does not contain any such
postal article;

'master of a ship' includes every person (except a pilot) having
command or charge of a ship;

'officer of the Post Office' includes the Postmaster General and every
other person employed in any business of the Postal Department
or on behalf of the Postal Department;

'person' except so far as relates to the imposition of the penalty of
imprisonment, includes a body corporate and a firm;





'Post Office' includes every house, building, room, vessel, carriage
and place used for the purposes of the Postal Department, and
every post office letter box;

'post office letter box' includes every pillar box and wall box and every
other box or receptacle provided by or under the authority of the
Postmaster General for the purpose of receiving postal articles for
transmission by or under the authority of the Postmaster General;

'postage stamp' means any label or stamp for denoting any rate of
postage payable in respect of postal articles, and includes
adhesive postage stamps and stamps printed, embossed,
impressed or otherwise indicated on any envelope, wrapper,
postcard or other article, whether such postage stamp is issued
under this Ordinance or by, His Majesty's Postmaster General or
by the government of any, British possession or foreign country ;

'postal article' includes everything which is transmissible by post;

'postal packet' means a postal article, or a collection of postal articles,
which is in course of transmission by post as one postal unit;

'Postmaster General' means, unless His Majesty's Postmaster General
is indicated, the Postmaster General of the Colony, and includes
every assistant postmaster general;

'ship' includes every, description of vessel used in navigation and
ever), description of aircraft.

(2) For the purposes of this Ordinance-

(a)a postal article shall be deemed to be in course of
transmission by post from the time of its being duly
delivered to a post office to the time of its being delivered to
the addressee or its being returned to the sender or
otherwise disposed of under the provisions of this
Ordinance;

(b) the placing of a postal article in any receiving box
for the deposit of postal articles or the delivery of
an article to an officer of the post office in the course
of his duties shall be deemed to be delivery to a
post office; and





(c)the following shall be deemed to be delivery of a postal
packet to the addressee

(i) delivery according to the usual manner of
delivering postal packets to the addressee ; or

(ii) delivery, at the house or office of the addressee
or

(iii) delivery to the addressee or to his servant or
agent or other person having authority to receive such
packet; or

(iv) when the addressee is a guest and is resident at
an hotel, delivery to the proprietor or manager thereof
or to his agent.

3. It shall be lawful for the Governor in Council to make
regulations in respect of any of the following matters

(a) cash on delivery parcels;

(b) compensation for loss of or damage to postal packets;
(c) fines for insufficient postage ;

(d)gratuities for the conveyance of postal packets by sea;

(e) insurance of postal packets;
(f) late fees;

(g) limitations of the form, size, weight and contents of
postal packets;

(h)money orders, telegraph money orders, postal orders
and postal notes;

(i) parcels;

(j) payment of postage

(k) postal notes and postal orders;

(l) private boxes;

(m) private travelling letter boxes;

(n) prohibited articles and their treatment and disposal
(o) registration

(p)stamps, reply coupons, and stamped postal stationery ;

(q) undelivered postal articles;





(r)the prescribing of any fees which may appear to the
Governor in Council to be desirable in connexion with the
maintenance of a postal service;

(s)any other matters in respect of which it may appear to the
Governor in Council to be desirable to make regulations for
the purpose of the maintenance of a postal service.

4. (1) The Postmaster General may subject to any direction of the
Governor in Council determine the rates it postage to be charged on
postal articles and the rates for the time being in force shall be
exhibited and kept exhibited at the Post Office.

(2) The Governor in Council may at any time by, order revise any
rates of postage determined by the Postmaster General and such
revised rates shall come into operation as from the notification of such
order in the Gazelte.

5. It shall be lawful for the Governor to appoint a Postmaster
General and such other officers of the Post Office as he may think fit.

6. (1) The Postmaster General, by himself or by the officers of the
Post Office, shall have the exclusive privilege of-

(a)conveying letters frorn one place to another within the
Colony;

(b)sending letters out of the Colony for delivery outside the
Colony;

(c)receiving letters brought. into the Colony for delivery in the
Colony; and

(d)receiving letters brought into the Colony, for transmission to
some place outside the Colony, other than letters contained
in mail bags passing through the waters of the Colony
without transhipment,

and shall also have the exclusive privilege of performing all the
incidental services of receiving, collecting, sending, despatching and
delivering all such letters, except in the following cases





(i) letters not exceeding three in number sent by a private
friend on his way, journey or travel, provided that such letters are
delivered by that friend to the person or persons to whom they
are directed, without hire, reward or other profit or advantage for
receiving, carrying or delivering them;

(ii) letters concerning the affairs of the sender or receiver
thereof sent by a messenger employed for that purpose;

(iii) letters solely concerning particular goods; sent by the
same vessel as the goods, to be delivered with the goods, without
hire, reward or other profit or advantage for receiving, carrying or
delivering such letters, provided that such letters are open to
inspection and have superscribed thereon the words
'Consignee's letter' or other words to the same effect;

(iv) telegrams sent out by any telegraph company and

(v) letters of merchants, owners of vessels or aircraft of
merchandise, or the cargo or loading therein, sent by those vessels or aircraft
of merchandise or by any person employed by those owners for the carriage of
those letters, according to their respective directions, and delivered to the
respective persons to whom they are directed, without paying or receiving hire
or reward, advantage or profit for the same in anywise.

(2) Notwithstanding anything contained in subsection (1), it shall
be lawful for any person licensed by the Postmaster General to collect
letters for transmission to China through the Post Office, and to
receive clubbed packets from China through the Post Office, subject
to the. provisions of any regulations made under this Ordinance and
subject to the conditions of his licence.

(3) Subject to the exemptions from the Postmaster General's
exclusive privilege which are contained in subsection (1) and (2), no
person shall

(a) collect any letters with a view to the delivery of such
letters anywhere otherwise than through the post ; or





(b)have in his possession any letter with a view to the delivery
of such letter anywhere otherwise than through the post; or

(c)send any, letter out of the Colony. otherwise than through
the post; or

(d)without lawful authority or excuse bring any letter into the
Colony with a view to the delivery of such letter anywhere;
or

(e)without lawful authority or excuse have in his possession
any letter brought into the Colony, or delivered, otherwise
than through the post.

(4) No person shall in any other way infringe the exclusive
privilege of the Postmaster General.

(5) It shall be lawful for the Governor in Council to order that the
provisions of this section shall also apply to any particular kind or
kinds of postal article other than letters, subject to such exceptions and
conditions (if any) as the Governor in Council may think fit.

7. (1) The Government shall not incur any liability, by reason of the
loss, non-delivery, misdelivery or delay, of any postal packet, or by
reason of any damage to any postal packet, whether registered or not.

(2) No officer of the Post Office shall incur any liability
by reason of such loss, non-delivery, misdelivery, delay or
damage, except in the case of fraud or wilful misbehaviour.

(3) Neither the Government nor any officer of the Post office shall incur any
liability for the loss, non-delivery, misdelivery or delay of, or damage to, any
postal article, whether registered or not, caused by the act or default of any
person licensed in accordance with subsection (2) of section 6, or caused by the
act or default of any servant or agent of any such licensed person.

(4) Once a money order, telegraph money order, postal order or
postal note has been paid to any person by an officer of the Post
Office or by an officer of any other postal authority, British or foreign,
all liability of the Government in respect of such money order,
telegraph money order, postal order or postal note shall cease and
determine, and, except in the case of fraud or wilful misbehaviour no
officer





of the Post Office shall, after such payment, be liable in respect of such
money order, telegraph money order, postal order or postal note.

8. The decision of the Postmaster General as to whether any
postal packet is or contains a circular, a commercial paper, a letter, a
newspaper, a parcel, a postcard, a printed paper or a sample or
literature for the blind, and any other decision of the Postmaster
General as to the classification of any postal article, shall be final for all
purposes.

9. It shall be lawful for the Postmaster General in his discretion to
decide any question as to the relative urgency of particular mails or
particular classes of postal packets and to postpone the delivery or
despatch of any mails or postal packets to the delivery or despatch of
any more urgent mails or postal packets.

10. It shall be lawful for any officer of the Post Office to open

(a)any postal packet upon which the prepayment of postage is
compulsory and upon which the proper postage has not
been paid; and

(b)any postal packet which is returned to the Post Office for
want of a proper address or from inability to find the person
to whom it is addressed or because the addressee refuses to
accept it, or which in the opinion of the Postmaster General
cannot for any other reason be delivered.

11. When any postal packet has been posted by mistake, or has
been posted with wrong or deficient contents, it shall be lawful for the
Postmaster General in his discretion to return such postal packet to the
sender on payment of such fee (if any) as may be prescribed by
regulation made under this Ordinance.

12. If the Postmaster General has reason to believe that any postal
packet has been posted or sent by post in contravention of this Ordinance or
of any regulation made thereunder, or that any postal packet
whatsoever contains anything which may not legally be sent by post,
or contains





anything with respect to which or by, means of which any offence
whatsoever has been or is being committed or attempted, or contains
any dutiable article, it shall be lawful for him to open such postal packet
and to delay, such postal packet and its contents.

13. (1) It shall be lawful for the Colonial Secretary to grant a
warrant authorizing the Postmaster General, or authorizing any or all
the officers of the Post Office, to open and delay any specified postal
packet or all postal packets of any specified class or all postal packets
whatsoever.

(2) It shall be lawful for the Postmaster General to delay any postal
packet for such time as may reasonably be necessary for the purpose
of obtaining a warrant under this section.

14. Any postal packet opened under the authority of section 10, 12
or 13, and the contents of any such postal packet, shall, subject to the
provisions of subsection (5) of section 32 and subject to any
regulations made under this Ordinance, be dealt with in accordance
with the following provisions

(a)if the Governor gives any direction as to how any such
postal packet or its contents or any of its contents shall be
dealt with, such postal packet and contents shall be dealt
with according to such direction;

(b)subject to any direction of the Governor, if such postal
packet or any of its contents is required for the purpose of
any pending or contemplated criminal or forfeiture
proceedings whatsoever, such postal packet or contents
shall be retained by the proper officer so long as may
reasonably be necessary for the purpose of such pending or
contemplated proceedings;

(e)subject to any direction of the Governor, if such postal
packet and its contents are not required, or are no longer
required, for any criminal or forfeiture



proceedings and if the postal packet and its contents call,
and may lawfully, be forwarded or delivered to the addressee,
the postal packet aiid its contents shall be so forwarded or
delivered ;

(d)subject to any direction of the Governor, if such postal
packet cannot, or may not lawfully, be forwarded or
delivered to the addressee or if there is no addressee, such
postal article aiid its contents shall if possible be returned to
the sender.

15. The provisions of sections 12, 13 and 14 shall
extend also to all articles tendered to or received by the Post
Office for transmission by, post or delivery, and to the con-
tents of all such articles,such articles or contents
be transmissible by post or not.

16. Every master of a ship having oil board any postal packets
which are within the exclusive privilege conferred oil the Postmaster
General by or under section 6, or any postal packets which have been
received by him for delivery to the Postmaster General, shall,
immediately upon the arrival of such ship in the Colony and before
reporting at the Marine Department, deliver all such postal packets at
the General Post Office or to sonic officer of the Post Office or other
person authorized by the Postmaster General to receive the same.

17. (1) Every owner of a ship, other than a ship plying daily or on
fixed days to Macao or to any place on the Canton River or West
River, proposing to despatch such ship from the Colony to any place
outside the Colony, shall give reasonable notice in writing to the
Postmaster General of the day, and hour of the intended departure of
such ship, of the berth at which such ship is lying and of the places at
which such ship is to call, and shall give immediate notice in writing to
the Postmaster General of any alteration in the day or hour of departure
or of the berth or of the places of call.

(2) If the ship is oil charter the notice shall be given by the
charterer.

(3) Notice by an agent shall be deerned also to be notice by the
owner or charterer, as the case may be.





(4) If the owner or charterer is not in the Colony the obligation to
give notice shall he on his agents.

(5) Reasonable notice in writing shall be given to the
Postmaster General of every alteration oF the hour of depar-
ture of any ship plying daily or on fixed days to Macao or
to any place on the Canton River or West River. The obligation to give
such notice shall lie oil the person on whom it would have lain if the
ship had not been within the exception specified in subsection (1).

(6) In general a notice shall not be deemed to be reasonable for the
purposes of this Section unless it is given in time to enable the Postmaster
General to inform the public by notice in the public press of the day and
hour for closing the mails by the ship in question.

18. Every master of a ship (not being or having the status of a
ship of war) about to depart from the Colony to any place outside the
Colony shall receive on board any postal packets or mail bags tendered to
him by any officer of the Post Office for conveyance and shall give a
receipt therefor in such form as the Postmaster General prescribes.

19. (1) It shall be lawful for the Postmaster General to pay to the
masters of ships, not being Governnient or contract ships, for the
conveyance of postal packets, gratuities at such rates as may be
prescribed in any regulations made under this Ordinance.

(2) Before payment is made the Postmaster General may require the
master of any ship by which any postal packets have been conveyed
to produce a certificate from the post office of destination that such
postal packets have been duly received from him.

(3) No gratuity shall be payable--

(a)unless application be made for payment within twelve
months of the receipt by the master of the ship of the postal
packets in respect of which the gratuity is claimed; or

(b)if there has been unreasonable delay on the part of the
master in delivering the postal packets at the post office of
destination; or





(c)if any of the postal packets have been damaged in transit,
unless the master proves to the satisfaction of the
Postmaster General that such damage was not due to any
fault or lack of sufficient care on his part.

(4) If the master of any vessel satisfies the Postmaster General
that he will not return to the Colony within the twelve months
prescribed by paragraph (a) of subsection (3), it shall be lawful for the
Postmaster General to pay a gratuity in advance.

20. Every master of a ship to whom any postal packets are
delivered under section 18 shall be deemed to contract with the
Postmaster General that, in consideration of the gratuity payable in
respect of such postal packets, he will duly deliver the said postal
packets to the postal authority to whom the same are addressed
immediately on his arrival in any port, without wilful or avoidable
delay, and that if he fails in any respect to perform such contract he will
pay to the Postmaster General the sum of five hundred dollars as
liquidated damages for the breach thereof.

21. (1) The postage chargeable on every postal packet posted in
the Colony, except a letter, shall be prepaid in full.

(2) It shall be lawful for the Postmaster General to refuse to receive
any postal packets, including letters, tendered for posting, unless the
postage aiid any other sum chargeable thereon has been fully prepaid.

(3) Where the postage on any postal packet has not been prepaid
or has not been fully prepaid, there shall be chargeable upon such
postal packet double the postage or double the deficiency, as the case
may be.

(4) Where a postal packet has been posted in the Colony and is
addressed to an addressee in the Colony and the postage or any other
sum chargeable on such postal packet has not been paid or has not
been fully paid, such postage or sum or deficiency, as the case may be,
shall be payable as follows

(a)by the addressee, upon delivery of the postal packet to him,
unless he refuses to accept delivery or returns the postal
packet forthwith unopened;





(b)by the sender, upon demand by the Postmaster General, if
the addressee refuses to accept delivery or returns the
postal packet forthwith unopened, or if the addressee is
dead or cannot be found, or if the Postmaster General is of
opinion that such postage or sum or deficiency should be
paid by the sender and not by the addressee.

(5) Where a postal packet has been posted in the Colony and is
addressed to an addressee outside the Colony and the postage or any
other sum chargeable on such postal packet has not been paid or has
not been fully paid, such postage or sum or deficiency shall be payable
by the sender upon demand by the Postmaster General, if the postal
packet is returned by the office of destination as undeliverable.

(6) Where a postal packet has been posted outside the Colony
and is addressed to an addressee in the Colony and the postage or any
other sum chargeable on such postal packet has not been fully paid,
such postage or sum or deficiency shall be payable by the addressee
upon the postal packet being tendered for delivery to him, unless the
Postmaster General is of opinion that such postage or sum or
deficiency should be paid by the sender.

22. If any person refuses or neglects to pay any postage
or other sum which he is legally bound to pay in respect of any postal
packet, the Postmaster General may withhold from such person any
postal packet whatsoever addressed to him, not being on His
Majesty's service, until such postage or other surn has been paid.

23. (1) It shall be lawful for any public officer who may, either
generally or in a particular case, be authorized in writing by the
Postmaster General in that behalf to search for, seize, remove and
detain any postal article in respect of which such public officer may
have reason to believe that any offence against this Ordinance has
been committed.

(2) Such officer may, with or without assistance, if necessary

(a)break open any outer or inner door of any house, building or
place and enter thereinto;





(b)forcibly board and enter any ship (not being or having the
status of a ship of war) and every part thereof;

(c)search any person found in such house, building or place, or
on board such ship : Provided that no female person shall be
searched except by a female;

(d)remove by force any material obstruction to, or any person
obstructing, any such entry, search, seizure, removal and
detention as he is empowered to effect;
and

(e)open and examine any postal article found in such house,
building or place, or on board such ship.

(3) No person shall delay or obstruct any entry, search,
seizure, removal or detention which is authorized by this
Ordinance.

(4) It shall be lawful for any public officer who in the execution of
his duty discovers any postal article in respect of which he may have
reason to believe that any offence whatsoever has been or is about to
be committed to seize and detain any such postal article.

24. (1) Where an officer of the Post Office vacates his office
(whether by reason of dismissal, resignation, death or otherwise) he, or
if he is dead his personal representative and, any person in possession
of his effects, shall deliver to the Postmaster General all articles
(whether uniform, accoutrements, appointments or other necessaries)
which were issued to such officer for the execution of his duty and are
not or were not the property of that officer, and shall deliver the
articles in good order and condition, fair wear and tear only excepted.

(2) Every person who fails to comply with the provisions of this
section shall, in lieu of or in addition to any line which may be imposed
upon him, be also liable to pay such sum not exceeding two hundred
and fifty dollars as a magistrate may determine to be the value of the
articles not delivered, or if the articles have been delivered but not in
good order and condition, of the damage done to the articles.





(3) Any justice of the peace may issue a warrant by virtue of
which a police officer may search for and seize any articles not
delivered as required by this section, in like manner as if they were
stolen goods and the warrant were a warrant to search for stolen
goods.

25. (1) If any postal packet addressed to anv person at any hotel,
boarding-house or shipping office, and delivered at such hotel,
boarding-house or shipping office, is not claimed by or
forwarded to the addressee within the respective periods specified in
subsection (2), the person in charge of such hotel, boarding-house or
shipping office shall forthwith return the postal packet to the
Postmaster General, and the postal packet shall thereupon be treated as
a postal packet which has been returned to the Post Office from
inability to find the person to whom it is addressed.

(2) The respective times referred to in subsection (i) shall be two
weeks in the case of a postal packet posted in the Colony and two
months in the case of a postal packet posted in any place outside the
Colony : Provided that the Postmaster General may from time to time
extend either of these periods as he may think fit in any particular case.

26. No person shall-

(a)steal or embezzle or obtain by false pretences or by any other
fraudulent means, or destroy, any mail bag or postal packet
or anything contained in or forming part of any mail bag or
postal packet;

(b)steal or embezzle or obtain by false pretences or by any other
fraudulent means any letter or anything contained in or
forming part of any letter, whether such letter is in course of
transmission by post or not

(c)receive any postal packet or anything which was
contained in or formed part of any, postal packet, or any
letter or anything which was contained in or formed part of
any letter, which was stolen, embezzled or obtained by false
pretences or by any other fraudulent means, knowing that
such postal packet or letter or thing was stolen, embezzled or
obtained by false pretences or other fraudulent means, as the
case may be.

27. No person shall wilfully open any postal packet addressed to
some other person, which is in course of transmission by post or which
has been transmitted by post, or do anything whereby the due delivery
of any postal packet addressed to some other person, which is in
course of transmission by post or which has been transmitted by post,
is prevented or delayed or impeded, either with intent to injure such
other person or with intent to obtain some benefit for himself.

28. No person shall fraudulently retain, or wilfully secrete or keep
or detain, or when required by an officer of the Post Office neglect or
refuse to deliver up

(a)any postal packet or any mail bag which ought to have been
delivered to any other person ; or

(b)any postal packet or any mail bag which has been found by
him or by any other person.

29. No person shall without lawful authority or excuse-

(a)open any postal packet or take any of the contents out of any
postal packet ; or

(b)open any mail bag or take any postal packet or any of the
contents of any postal packet out of any mail bag; or

(c) have in his possession any postal packet or mail bag
or any of the contents of any postal packet or mail bag; or

(d) delay any postal packet or mail bag.

30. No person shall place in or against any post office letter box
any fire, match, light or fluid, or any explosive, dangerous, filthy,
noxious or deleterious substance, or injure or disfigure or do anything
likely to injure or disfigure any post office letter box or any of its
contents.

31. (1) No person shall without lawful authority make on any
envelope, wrapper, card, form or paper, for the purpose of being sent
by post or of being otherwise used, any word, letter or mark, in
imitation of or similar to or purporting to be, any word, letter or mark
used by any postal authority, British or foreign, or any word, letter or
mark





which signifies or implies, or might reasonably lead the
recipient thereof to believe, that the postal packet bearing
such word, letter or mark is sent on His Majesty's service.


(2) No person shall without lawful authority or excuse
make any envelope, wrapper, card, form or paper in imitation
of, or similar to or purporting to be, an envelope wrapper,
card, form or paper issued by or under the authority of any postal
authority, British or foreign.

(3) No person shall without lawful authority or excuse have in his
possession any envelope, wrapper, card, form or paper the making of
which is prohibited by this section, or upon which there appears any
word, letter or mark the making of which is prohibited by this section.

32. (1) No person shall post, tender for posting or send by post

(a) any postal packet consisting of or containing any-
thing which might expose postal officials to danger
or which might soil or damage any other postal
packet;

(b) any explosive, inflammable or dangerous Substance;

(c)any animal or insect, live or dead, except as provided for in
any regulations made under this Ordinance;

(d)samples of which the number forwarded by the same sender
to the same addressee shows an obvious intention of
avoiding the payment of the customs charges due to the
country of destination (provided that such country is
included in the Universal Postal Union) ;

(e) any opium or any other drug to which the Dangerous
Drugs Ordinance applies;

(f) any obscene, immoral, indecent, offensive or libellous
writing, picture or other thing;

(g)anything whatsoever of which the importation on circulation
is forbidden in the Colony or in the country of destination
(provided that such contry is included in the Universal
Postal Union);

(h)any seditious publication within the meaning of any
enactment relating to sedition





(i)any postal packet which without lawful authority or excuse
contains or bears any, imitation or representation of any
postage stamp, British or foreign ;

(j) any postal packet which purports to be prepaid with any
postage stamp which in fact has been used or appears to
have been used to prepay any other postal article;

(k) any imitation of any envelope, wrapper, card, form or
docurnent issued by any postal authority, British or foreign;

(l)any postal packet bearing any imitation of any words, letters
or other marks used by any postal authority, British or
foreign;

(m) a any any postal packet bearing without lawful authority any
words, letters or other marks calculated to convey the
impression that such postal packet has been sent on His
Majesty's service;

(n)any lottery tickets or any document relating to any lottery ;

(o) coin or gold or silver bullion; or

(p)anything the sending of which by post is prohibited by any
regulation made under this or any other Ordinance.

(2) No person shall post or tender for posting or send by post, in
any particular kind of postal packet, anything if the sending of such
thing by post in that kind of postal packet is prohibited by any
regulation made under this Ordinance.

(3) The importation by post of anything which is prohibited to be
sent by post is prohibited.

(4) No person shall import any intoxicating liquor by post.

(5) If any postal packet received by the Post Office from outside
the Colony for delivery in the Colony contains anything the sending of
which by post is prohibited by or under this Ordinance, it shall be
lawful for a magistrate, upon such notice to the addressee as he may
think reasonable, to order that such thing be forfeited to the Crown,
and anything so forfeited shall be dealt with in such way as the
Governor may direct.





(6) It shall be lawful for the Postmaster General to
refuse to receive in the post or to refuse to forward anything
which, by reason of its nature, contents or form or for any
other reason, is not in accordance with any departmental
rules made or adopted by him or any departmental practice
followed in the Post Office.

33. (1) No officer of the Post Office shall-

(a)wilfully deliver any mail bag or postal packet to any person
other than the person to whom such mail bag or postal
packet ought to be delivered ;

(b) issue any money order with a fraudulent intent;

(c) reissue a money order or postal order or postal note
previously paid ;

(d)wilfully pay any money order or postal order or postal note
to any person other than the person to whom such money
order or postal order or postal note should be paid;

(e)wilfully or negligently endanger the safety of any mail bag
or postal packet;

(f) fraudulently put any wrong official mark on any mail bag or
postal packet;

(g)fraudulently alter remove or cause to disappear any official
mark which is on any mail bag or postal packet;

(h)being entrusted with the delivery of any postal packet,
knowingly demand or receive any, sum of money in respect
of the postage thereof which is not chargeable under this
Ordinance;

(i)being entrusted with the preparing or keeping of any
document, fraudulently prepare such document incorrectly
or alter or secrete or destroy such document

(j) send by post or put into any mail bag any postal packet
upon which the postage has not been paid or charged in the
prescribed manner, with intent thereby to defraud the
Government of the postage payable on such packet;





(k)be guilty of any act or default or negligence by means of
which the safety of any mail bag or postal packet is or might
be endangered or by means of which tile prompt handling of
any mail bag or postal packet is or might be impeded;

(l)be absent from duty without leave and without lawful
authority or excuse.

(2) Nothing in this section shall be construed as making or as
tending to make any other section of this Ordinance inapplicable in the
case of officers of the Post Office.

34. No person shall obstruct any officer of the Post Office in the
execution of his duty.

35. In any prosecution under this Ordinance in respect of any mail
bag or postal packet or anything which was contained in or formed
part of any mail bag or postal packet, it shall be sufficient to allege
such mail bag or postal packet or thing to be the property of the
Postmaster General without mentioning his name.

36. In any proceeding for the recovery of any, postage
or other sum alleged to be due under this Ordinance in
respect of any postal packet and in any prosecution under
this Ordinance-

(a)the production of a postal article having thereon what
appears to be any official mark of any postal authority,
British or foreign, shall until the contrary is proved be prima
facie evidence of any fact stated in or indicated by such
mark;

(b)the person from whom any postal article purports to have
come shall until the contrary is proved be deemed to be the
sender thereof; and

(c)any statement contained in any document produced from
the custody of the Postmaster General which purports to be
made by any postal authority, British or foreign, shall be
admissible in evidence and shall until the contrary is proved
be deemed to be true.





37. (1) Every person who-

(a)acts in contravention of or fails to comply with any provision
of this Ordinance or of any regulation made thereunder; or

(b)acts in contravention of or fails to comply with any condition
of any licence issued under this Ordinance or under any
regulation made thereunder; or

(c)attempts to commit an offence against this Ordinance, or
solicits or incites another person to commit any such offence
or attempts to solicit or incite another person to commit any
such offence, or aids, abets, counsels or procures the
commission of any such offence,

shall be deemed to commit an offence against this Ordinance.

(2) Where the person convicted of an offence under this Ordinance
is a company or other body corporate, the chairman and every director
and every officer concerned in the management of the company or
other body corporate shall, unless he proves that the act or omission
constituting the offence took place without his knowledge and
consent, be guilty of the like offence and shall notwithstanding the
Provisions of subsection (1) of section 2 be liable to all the penalties
and consequences to which a natural person is liable upon conviction
of the said offence.

(3) Where the person convicted of an offence under this
Ordinance is a firm, every, partner in the firm and every person
concerned in the management of the firm shall, unless he proves that
the act or omission constituting the offence occurred without his
knowledge and consent, be guilty, of the like offence and shall
notwithstanding the provisions of subsection (1) of section 2 be liable
to all the penalties and consequences to which a natural person is
liable upon conviction of the said offence.

38. (1) Every person who contravenes any of the provisions of any
of the sections specified in the first column of the following table shall
be liable to the penalty or penalties specified in the corresponding
entries in the second and third columns of the said table, and when
penalties are specified in





both the second and the third columns of the said table the penalty
specified in the third column may be imposed in addition to that
specified in the second column.

Maximum Maximum term of
Section. fine. imprisonment
16 $500 --
171 $500 --
is $500 --
24 $250 --
26 -- 14 years.
28 -- 2 years.
29 -- 2 years.
33 $500 2 years.

(2) Where a term of imprisonment is specified in the third column
of the above table, such imprisonment may be imposed either without
any fine being imposed or in addition to any fine if the offence is one
which according to the said table is punishable also by a fine.

(3) Any person who commits any offence against this Ordinance
for which no penalty is otherwise provided shall be liable to a fine of
five hundred dollars and to imprisonment for six months.

(4) Any offence against this Ordinance may bec prosecuted either
summarily or on indictment . Provided that nothing in this subsection
shall empower a magistrate to impose a longer term of imprisonment
than six months for any one offence.

(5) If any act or default is a contravention of more than one of the
said sections or subsections, the offender may be prosecuted,
convicted and punished under any one of the said sections or
subsections.

(6) In the case of a conviction involving a fine the court 9 of 1941, S,2 or magistrate
inflicting such fine may direct, on the application of the Postmaster General or other
officer conducting





the prosecution, that any part not exceeding one half thereof shall be
paid to any person who has given such information as has led to the
conviction of the offender or offenders, or, if there are more than one
such person, may direct such part to be divided amongst them in such
proportion as the court or magistrate may direct.

39. Notwithstanding the provisions of any enactment which
prescribes the time within which proceedings for an offence punishable
upon a summary conviction may be commenced, any summary,
proceedings for an offence under this Ordinance may be coninienced
within one year after the offence was committed.
Originally 7 of 1926. Fraser 7 of 1926. 22 of 1940. 9 of 1941. 52 of 1948. Short title. Interpretation. 8 Edw. 7, c. 48, s. 80. 8 Edw. 7, c.48. S. 80.] [cf. S. 87 (2), (3).] [s. 2 cont.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. [s. 3 cont.] Rates of postage. 52 of 1948, s. 2. Appointment of officers. Exclusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34 (2). 22 of 1940,s . 2. [s. 6 cont.] Exemption from liability 8 Edw. 7, c. 48, ss. 13, 23. Decision of Postmaster General as to classification of postal packets final. 8 Edw. 7, c. 48, s. 19. Discretion as to relative urgency. 8 Edw. 7, c. 48, s. 15. Postal packets which cannot be dispatched or delivered. Postal packets posted by mistake or with wrong or deficient contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17. 18. [s. 12 cont.] Warrant of Colonial Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12 or 13. 8 Edw. 7, c. 48, ss. 17, 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 8 Edw. 7, c. 48, s. 27. Notice to be given to Postmaster General o9f departure of ships. [s. 17 cont.] Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. 8 Edw. 7, c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, etc. 8 Edw. 7, s. 48, s. 3. [s. 21 cont.] Right to withhold postal packets from person refusing to pay postage, etc. Power of search and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. [s. 24 cont.] Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letter. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful retention of postal packets. 8 Edw. 7, c. 48, ss. 53. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 54, 56.Damaging, etc., letter boxes. 8 Edw. 7, c. 48, ss. 61, 62. Prohibition of limitation of certain marks, etc. 8 Edw. 7, c. 48, ss. 64. [s. 31 cont.] Prohibited articles. 8 Edw. 7, c. 48, s. 63. (Cap. 134.) [s. 32 cont.] Offences by officers of the Post Office. 8 Edw. 7, c. 48, s. 58. Obstruction. 8 Edw. 7, c. 48, s. 67. Laying of property. 8 Edw. 7, c. 48, s. 73. Evidence. 8 Edw. 7, c. 48, ss. 8, 9. Offences. 8 Edw. 7, c. 48, s. 69. Penalties. 9 of 1941, s. 2. [s. 38 cont.] Limitation of time.

Originally 7 of 1926. Fraser 7 of 1926. 22 of 1940. 9 of 1941. 52 of 1948. Short title. Interpretation. 8 Edw. 7, c. 48, s. 80. 8 Edw. 7, c.48. S. 80.] [cf. S. 87 (2), (3).] [s. 2 cont.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. [s. 3 cont.] Rates of postage. 52 of 1948, s. 2. Appointment of officers. Exclusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34 (2). 22 of 1940,s . 2. [s. 6 cont.] Exemption from liability 8 Edw. 7, c. 48, ss. 13, 23. Decision of Postmaster General as to classification of postal packets final. 8 Edw. 7, c. 48, s. 19. Discretion as to relative urgency. 8 Edw. 7, c. 48, s. 15. Postal packets which cannot be dispatched or delivered. Postal packets posted by mistake or with wrong or deficient contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17. 18. [s. 12 cont.] Warrant of Colonial Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12 or 13. 8 Edw. 7, c. 48, ss. 17, 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 8 Edw. 7, c. 48, s. 27. Notice to be given to Postmaster General o9f departure of ships. [s. 17 cont.] Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. 8 Edw. 7, c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, etc. 8 Edw. 7, s. 48, s. 3. [s. 21 cont.] Right to withhold postal packets from person refusing to pay postage, etc. Power of search and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. [s. 24 cont.] Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letter. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful retention of postal packets. 8 Edw. 7, c. 48, ss. 53. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 54, 56.Damaging, etc., letter boxes. 8 Edw. 7, c. 48, ss. 61, 62. Prohibition of limitation of certain marks, etc. 8 Edw. 7, c. 48, ss. 64. [s. 31 cont.] Prohibited articles. 8 Edw. 7, c. 48, s. 63. (Cap. 134.) [s. 32 cont.] Offences by officers of the Post Office. 8 Edw. 7, c. 48, s. 58. Obstruction. 8 Edw. 7, c. 48, s. 67. Laying of property. 8 Edw. 7, c. 48, s. 73. Evidence. 8 Edw. 7, c. 48, ss. 8, 9. Offences. 8 Edw. 7, c. 48, s. 69. Penalties. 9 of 1941, s. 2. [s. 38 cont.] Limitation of time.

https://oelawhk.lib.hku.hk/items/show/1813

MARKETS AND MARKET AREAS (N.T.) RULES

MARKETS AND MARKET AREAS (N.T.) RULES.
(Cap. 97, section 4).
(Ordinance No. 34 of 1910).

[16th September, 1949.]

1. The Governor in Council has declared the following places
to be markets and market areas in the New Territories

PLACE MARKET MARKET AREA
Cheung Chau Cheung Chau Island of Cheung
Lot 241. Private Market. Chau.
Lot No. 600 of Sai Kung Private The area within a
Demarcation Market. radius of 500 yards
District No. 215. of the market.
Lot No. 1975 of Tsun Wan The area within a
Demarcation Government radius of 1,000 yards
District No. 449. Market. of the market.
Lot NO. 362 of Tai 0 (Lantau The area within a
Demarcation Island) Govern- radius of 500 yards
District NO. 302. ment Market. of the market.
Lot Nos. 3460 Yuen Long The area within a
and 3495 Of Private Market. radius of 1,000 yards
Demarcation of the main road
District No. 120. bridge at the junc-
tion of Kuk Ting
Street, Yuen Long.
Lot No. 1348 Of Taipo Govern- The area within a
Demarcation ment Market. radius of 1,000 yards
District No. 6. of the market.

2. These rules may be cited as the Markets and Market
Areas (N.T.) Rules.
G.N.A. 189/49.

G.N.A. 189/49.

https://oelawhk.lib.hku.hk/items/show/1812

NEW TERRITORIES RULES

(3) No excretal matter shall he brought from any area to which
these rules do not apply to any areas specified in the Schedule.

10. Every person having the care or custody of any child under
twelve years of age shall prevent such child from committing any
nuisance in or by the side of any street or drain or any public place.

11. Any person who acts in contravention of rules 6, 7, 8 and 9
shall upon summary conviction be liable to a fine of one thousand
dollars or to imprisonment for six months.

SCHEDULE.
The market town known as Luen Wo Hui.

NEW TERRITORIES RULES.
(Cap. 97, section 4).
(Ordinance No. 34 of 1910).

[16th September, 1949]

SUMMARY OF RULES.

SUBJECT RULE NUMBERS

GENERAL RULES ..... 1 to 21
RULES FOR FOOD SHOPS 22 to 35
RESTAURANTS .. .... 36 to 59
FOOD FACTORIES ............. 60 to 82
DAIRIES AND MILK SHOPS 83 to 123
MARKETS:
General Rules for all Markets 124 to 137
Special Rules for Government Markets 138 to 144
Special Rules for Private Markets 145 to 151
Special Rules for Cheung Chau and
Sai Kung Markets 152





SUBJECT RULE NUMBERS

HA WKERS:
Cooked Food Stall Hawkers 153 to 172
Fixed Pitch Hawkers 173 to 182
Pedlar Hawkers 183 to 188
Ice Cream and Frozen Confection
Hawkers 189 to 200
PENALTY 201
LICENCE FORMS-APPENDIX I.
LICENCE FEES-APPENDIX II

GENERAL RULES.
1. These rules may be cited as the New Territories
Rules, and shall take effect within the New Territories except
New Kowloon.

2. In these rules
'bake-house' means any premises on which bread, biscuits, or
confectionery is baked or prepared for baking; and includes any
premises on which the materials for the. preparation of such food
are stored;
'cementconcrete' means cement concrete composed of one part of
cement, three parts of sand, and five parts of stone, broken to pass
through a one inch ring;
'dairy' means any premises in which milk is produced and supplied; or
any premises in which milk is kept or used for manufacture into
butter, cheese, dried milk, or condensed milk, and includes any
place where the vessels used in that trade are kept; but does not
include any milk shop from which milk is supplied for sale for
consumption off the premises in properly closed and unopened
receptacles in which it was delivered to the milk shop, or any
premises in which milk is sold for consumption on the premises;
'dairyman' includes any keeper of cows, buffaloes or goats for the
purpose of trade in milk, any purveyor of milk, any occupier of a
dairy, or any occupier of a milk shop, and in cases where a dairy or
milk shop





is owned by a corporation or company includes the secretary or
other person actually managing such dairy or milk shop;
'disease' means any disease of an infectious or contagious nature, and
Includes in the case of cattle any disease of the udder which is
liable to cause any contamination of the milk;
'food' means any article used as food or drink for human consumption,
other than drugs or water, and includes(a) any substance which is
intended for use in the composition or preparation of food;
(b) any flavouring matter or condiment; and
(c) any, colouring matter intended for use in food:
Provided that, notwithstanding anything in this definition, the
addition of any colouring or flavouring matter or condiment to an
article used as food or drink shall be deemed to be the addition of
substance to food;
'food factory' means a place other than a restaurant, where food is
prepared for sale and includes bake-houses, aerated water
'factories and any business, undertaking or concern which carries
on the trade of food preserving, or any of the branches of such
trade, such as the making of sugar confectionery, cocoa, chocolate,
jam., marmalade, preserved fruits, Chinese preserves, fruit and table
jellies, meat extracts, meat essences, sauces and pickles, the
preparation of meat, poultry, games, fish, vegetables and fruit for
sale in a preserved state and the processes of wrapping and filling,
and packing other than the packing of the finished article in cases
or crates merely for storage or transport;
'food officer'' means any person appointed by the District
Commissioner on the recommendation of the Director of Medical
and Health Services for the purpose of these rules;
'food shop' means any place, other than a market, wherein articles of
food for man usually sold or exposed for sale in a market, are ware-
housed or stored or exposed for sale or sold;
'hawker' means any person who trades in any street whether the same
is the property of the Crown or otherwise, or public thoroughfare,
or goes from place to place selling or exposing for sale any goods,
wares, or merchandise immediately to be delivered, or expos





CAP. 97] New Territories.

ing samples or patterns of any, goods, wares, or mer-
chandise to be afterwards delivered, or selling or
offering for sale his skill in handicraft, but does not
include a. person selling or seeking orders for goods,
wares or merchandise to and from persons who are
dealers therein and who buy to sell again;
'health officer' includes the Director of Medical and
Health Services, any medical officer appointed as a
health officer by the Governor, any veterinary officer,
and any officer for the time being performing the duties
of a health officer;
'licence' means a valid licence of the appropriate class
issued to an applicant by the District Commissioner;
'market' means any Government or private market which
has been declared a market by the Governor in Council
or may hereafter be declared a market by the Governor
in Council under section 4 of the Ordinance;
'market area' means the area which has been declared by
the Governor in Council to be the area to be served
by any market or may hereafter be declared to be the
area to be served by any market under section 4 of
the Ordinance;
'milk' includes cream and skimmed and separated milk,
and includes goats' milk, but does not include imported
preserved milk;
'milk shop- includes any premises on which fresh milk
is sold in the properly closed and unopened receptacles
in which it was delivered to the premises, but does not
include any premises in which milk is sold for con-
sumption on the premises only;
pitch' or 'site' means the area allotted by the District
Commissioner to a licensed hawker for the purpose of
this trade;
'restaurant' means a building or portion thereof where
cooked food is sold for human consumption on or off
the premises, or where milk, in properly closed and
unopened receptacles is sold for consumption on the
premises only;
'sale' or sell' includes barter, and also includes offering
or attempting to sell, or receiving for sale, or having
in possession for sale, or exposing for sale, or sending
or delivering for sale, or causing or allowing to be






sold, offered or exposed for sale, and refers only to sale for
human consumption or use;
'shop' includes every place where any article is sold ordinarily
from time to time;
'sterilized milk'' is milk, which has been sterilized and which
contains no living micro-organisms and not less than 3.25%
of milk fat of the total component parts thereof. The quantity
of milk solids, other than fat, present in sterilized milk must
not be less than 8.5% of the total component parts thereof;
'sterilized cream' is cream which has been sterilized and which
contains no living micro-organisms and not less than 16% of
milk fat of the total component parts thereof;
'substance' includes a liquid;
'technical services' includes inspections, examinations, taking of
samples, seizures, prosecutions, and all other duties of a
supervisory nature carried out by health officers or food
officers under these rules.

3. (1) No person shall commence or continue the
trade of-
ù a food shop,
ù a restaurant,
ù a food factory,
ù a dairy,
ù a milk shop,
ù a private market,
ù a cooked food stall hawker,
an ice. cream and frozen confection
in the New Territories except under and in accordance with a
licence issued by the District Commissioner.
(2) No person shall commence or continue the trade
of a fixed pitch hawker, or a pedlar hawker within any declared
market area or within fifty yards of any main thoroughfare in the
New Territories except under and in accordance with a licence
issued by the District Commissioner.

4. The form of licence applicable to each type of trade
or business is contained in Appendix I.





5. (1) The licence fees applicable to each type of trade or business
are prescribed In Appendix II.

(2) Where a new licence is issued by the District Cornmissioner six
months, or less, prior to the prescribed licensing date, only half of the
prescribed fee shall be payable.

6. Any person desirous of obtaining a licence shall complete the
appropriate licence application form at the District Office and when
required so to do shall furnish two copies of his photograph and pay
the prescribed licence fee.

7.The District Commissioner on being satisfied-
(a) that any licence has been accidentally lost, destroyed or
defaced may issue a duplicate licence on payment of five
dollars; or
(b) that any lapel card has been accidentally lost, destroyed or
defaced may issue. a duplicate lapel card on payment of one
dollar.

8. On the breach of any of these rules the District Commissioner
may revoke any licence, or suspend It for any period not exceeding six
months.

9. (1) Every, licence shall expire on the prescribed date.
(2) The District Commissioner may, at his discretion, renew an
expired licence for a further Year on payment of a renewal fee which
shall be the same as the licence fee.
(3) Every renewal shall be endorsed on the licence.

10. (1) Ever\- licensee shall confine his trade exclusively to that for
which lie is licensed.
(2) Every licensee shall trade only at the place specified in his
licence.

11. No licensee shall sub-let, transfer or lend his licence to any
other person without the written consent of the District Commissioner,
or absent himself from the Colony without informing the District
Commissioner in writing of his intended departure and the duration of
his absence.





12. No person shall alter, deface or make any erasure on any
licence nor shall he use or have in his possession with a view to use, a
licence on which an erasure has been made,. or which has been altered
or defaced.

13. Every Licensee shall, immediately on demand, produce his
licence to any health officer, health inspector or police officer who may
retain it for production to the District Commissioner. Such licence shall,
unless revoked, be returned to the licensee within a reasonable time.

14. No person shall sell or expose for sale or bring into the New
Territories or into any market or have in his possession without
reasonable excuse, any food for man in a tainted, diseased, or
unwholesome state, or which is unfit for food for man.

15. Any health officer or food officer may at all reasonable times
enter and inspect any place where he has reason to believe there is any
food for man intended for sale, or where lie has reason to believe there is
any food for man in a tainted, diseased or unwholesome state, or which
is unfit for food for man.

16. Any health officer or food officer may mark, seal or otherwise
secure, weigh, count or measure any food, the sale, preparation or
manufacture of which is, or kppears to be, contrary to the provisions of
these rules.

17. Any health officer, food officer or police officer may inspect
any food for man which lie may find in any highway , street, road, pier,
wharf, waterway, railway or vessel which lie has reason to believe to be
in a tainted, diseased or unwholesome state, or unfit for food for man.

18. Any health officer, food officer or police officer may seize any
food which is, or appears to be, held in contra- of rule 14, and, if
authorized so to do in writing by, the District Commissioner, may
destroy it or so dispose 0 it as to prevent it from being used as food for
man.

19. Any person claiming anything seized under rule 15 may within
twenty-four hours after such seizure complain





to a magistrate, who may either confirm or disallow such seizure, wholly
or in part, and rnay order to be paid by way of compensation such sum
of money not exceeding the market value of the food seized as he may
consider reasonable.

20. In the absence of a police officer it shall be lawful for any health
officer or food officer in whose presence an offence against any of
these rules has been committed to arrest the offender and either give
him into the custody of a police officer or take him to the nearest police
station : Provided that no such arrest shall be effected except in a public
place or place of public resort, or unless it is impracticable to proceed
against the offender by complaint and summons.

21. A right of appeal from any decision of any person entrusted
with discretionary power under these rules shall, unless proceedings
have already been taken before a magis-trate in relation thereto, be to the
Governor in Council. Such appeal shall be by means of a written petition
and shall be presented within fourteen days from the date the exercise of
the power is brought to the notice of the person concerned. The
decision of the Governor in Council shall be final : Provided that nothing
herein contained shall be deemed to prevent any person from applying
to the Supreme Court for a mandamus, injunction, prohibition, or other
order, should he elect so to do, instead of appealing to the Governor In
Council.

RULES FOR FOOD SHOPS.
22. Every licensee shall keep in his premises an ample supply. of
good potable water to the satisfaction of the District Commissioner.

23. All goods sold in any food shop shall be covered in a clean
wrapper.

24. Every licensee shall provide a sufficient number of dust-hins,
constructed of impervious material and fitted with closely fitting covers,
in which shall be deposited all refuse and waste matters; such dust-bins
shall be removed and emptied in a place approved by the District
Commissioner





not less than once daily and shall be thoroughly cleansed before further
use.
25. Every licensee shall in December every year limewash his
premises to the satisfaction of the District Commissioner.
26. No person shall spit in any food shop except into spittoons
provided for the purpose.
27. Every licensee shall cause to be continuously displayed in a
conspicuous position on every floor of his licensed premises a notice or
notices in English and Chinese, of a size and form approved by the
District Commissioner, requiring all persons present on the premises not
to spit except into spittoons.
28. Every dealer in flesh meat, or fishmonger, or poulterer, shall
thoroughly wash and cleanse his shop, pens, and all fitting and utensils
belonging thereto at least twice a day.
29. Every poulterer shall provide a supply of fresh drinking water
for any live birds that may be kept in pens. All such pens shall be fitted
with trays to catch the droppings.
30. Except with the permission in writing of the District
Commissioner no unsalted flesh meat shall be brought into the premises
of a food shop other than that which has been slaughtered in a
Government slaughter-house, or an approved private slaughter-house,
or which has been imported from Canada, Australia, or New Zealand, or
other approved places.
31. The licensee shall normally be in attendance at his food shop
and shall not absent himself for more than one calendar month without
previous notification in writing to the District Commissioner.
32. Every licensee shall display in a conspicuous part of his
premises approved by the District Commissioner, a translation in the
Chinese language of such of these rules as the District Commissioner
considers appropriate to the licensee's trade.





33. Every valid licence shall be framed and displayed in a
conspicuous part of the licensee's premises, to the satisfaction of
the District Commissioner.

34. Where any part of a floor to which the licence relates is
used for sleeping purposes, such part shall be partitioned off from
the remainder of the floor to the satisfaction of the District
Commissioner, and no Part of the trade shall be carried on and no
food or utensils shall be stored in the part so partitioned off for
sleeping purposes.

35. Without the prior written consent of the District
Commissioner no licensee shall permit any structural alterations
of his premises, nor shall lie use his premises for any purpose
except a food shop.

RULES FOR RESTAURANTS.
36. Every licensee shall keep in his premises an ample
supply v of good potable water to the satisfaction of the District
Commissioner.

37. All food, whether or not prepared for immediate
consumption, shall be adequately protected against con-tamination by dust,
flies, and vermin to the satisfaction of the District Commissioner.

38. Every licensee shall provide for the reception of garbage
and waste products, a sufficient number of strong movable dust-
bins, constructed of impervious materials with close fitting covers
fitted thereto and of a pattern approved by the District
Commissioner. All refuse matters shall be removed from the
premises not less than once daily- and every dust-bin shall be
thoroughly washed and disinfected after each removal.

39. The whole of the interior walls of every restaurant shall
be limewashed to the satisfaction of the District Com- by the
licensee during the months of June and December and all
paintwork shall be thoroughly washed with soap and water
during the months of June and December. All paintwork shall be
of a light colour.





40. No person shall spit in any restaurant except into spittoons
provided for the purpose.

41. The licensee shall cause to be continuously displayed, in a
conspicuous position on every floor of his licensed premises, a notice
or notices in English and Chinese, of a size and form approved by the
District Commissioner requiring all persons on the premises not to spit
except into spittoons.

42. Every restaurant and all equipment therein shall be kept at all
times in a cleanly condition and free from all noxious matter, and all
floors of the premises shall be washed at least twice a day.

43. Every licensee shall provide ample and suitable facilities for the
satisfactory cleansing, washing and sterilization by immersion in boiling
water of all eating and drinking utensils and it shall riot be permissible
for chop-sticks, cutlery, crockery or utensils to be given to a customer
for use unless properly sterilized. After sterilization, eating and drinking
utensils and equipment shall not be. wiped with cloths but shall be
allowed to drain and dry off by evaporation.

44. (1) No food in a state of complete or partial preparation for
human consumption shall be obtained from external sources unless from
a licensed food factory. The licensee, upon the request of a health
officer or food officer shall produce evidence of origin of any partially or
completely prepared food which may have been obtained from external
sources.
(2) No ice cream, unless manufactured in a food factory licensed for
the purpose, shall be sold for consumption on or off premises licensed
as a restaurant.

45. Except with the permission in writing of the District
Commissioner no unsalted flesh meat shall be brought into the premises
of a restaurant, or used or consumed therein other than that which has
been slaughtered in a Government slaughter-house, or an approved
private slaughterhouse, or which has been imported from Canada,
Australia, or New Zealand, or other approved places.





46. (1) No licensee shall permit any person suffering from any
disease to patronize or frequent his premises.

(2) Every person employed in any premises licensed as a restaurant
shall submit himself for medical examination at such time and place as
may be designated when required so to do by a health officer.
(3) If, after medical examination, it is the opinion of a health officer
that employment of any person in a restaurant has caused, or is likely to
cause, spread of disease, the person so medically examined shall be
notified in writing by the District Commissioner and he shall forthwith
cease to engage in the business of or to be employed in any restaurant
until lie obtains a medical certificate that he is no longer likely to cause
spread of such disease.
(4) It shall be unlawful for a licensee to employ any person who, in
accordance with paragraph (3) is deemed to have caused, or is likely to
cause, spread of disease.

47. The licensee shall normally be in attendance at his place of
business and shall not absent himself for more than one calendar month
without previous notification in writing to the District Commissioner.

48. Every licensee shall display in a conspicuous part of his
premises approved by the District Commissioner in English together
with a translation in the Chinese language of such of these rules as the
District Commissioner considers appropriate to the licensee's trade.

49. Every valid licence shall be framed and displayed in a
conspicuous part of the licensee's premises, to the satisfaction of the
District Commissioner.
50. The licensee shall not permit disorderly conduct on his
premises or suffer unlawful games or gaming therein or permit or suffer
any prostitute to frequent such premises or to remain therein.

51. No living room, sleeping space, partitions, cubicles, or
mezzanine floors shall be allowed on any licensed premises except with
the written permission of the District Commissioner, and as shown on
the plan or sketch of the premises.





52. (1) Adequate kitchen, food preparation, food storage and
scullery -accommodation shall be provided to the satisfaction of
the District Commissioner and the walls of the accommodation so
provided shall be imperviously surfaced to a minimum height of
eight feet.
(2) It shall be unlawful to use any yard, lane, roof or other
open space for the storage, preparation or cooking of food or for
scullery purposes or for the storage of ails, crockery or utensils
used for the preparation or serving of food.

53. The ground surfaces of the premises shall be laid with
not less than four inches of cement concrete, and the .surfaces
shall be rendered smooth and impervious with a layer of asphalt
or cement rendering of not less than half inch in thickness, or
with such other material of such nature and thickness as the
District Commissioner may approve. Floor surfaces other than
cement surfaces shall be of a nonabsorbent material finished off
smooth.

54. Except with the special permission in writing of the
District Commissioner no ceiling (not being the underside of a
floor), hollow wall or stairlining shall remain or be fixed in any
building in which, or in part or parts of which the premises of the
licensee are situated.

55. The drainage provided shall be to the approval of
the District Commissioner. No drain inlet shall exist or remain in
any part of the premises.

56. Without the prior written consent of the District
Commissioner no licensee shall permit any structural alterations
of his premises, nor shall he use his premises for any purpose
except a restaurant.

57. (1) Every licensee and every person desirous of obtaining
a licence whose premises include upper floors, or any portion
thereof, shall give or cause to be given to the Chief Officer of the
Fire Brigade, or to any officer of the Fire Brigade deputed by him
all reasonable facilities to inspect, from time to time during the
hours between 8 a.m. and 6 p.m. such premises with a view to
ascertaining the





precautions taken and available against fire, and the suitability of such
premises for use as a restaurant touching matters with which the Fire
Brigade is concerned, and reporting thereon to the District
Commissioner.

(2) Every licensee and person aforesaid shall comply with the
requirements considered and notified by the District Commissioner to
be necessary as regards precautions and steps to be taken to mitigate
danger or accident from fire if a licence in respect of such premises is to
be continued or granted.

58. Restaurants shall be closed between mid-night and 6 a.m.
except where a licensee holds a valid licence to sell wines, spirits, or
liquors, when he may remain open until 2 a.m.

59. No animals except cats shall be kept on the premises of a
restaurant.

RULES FOR FOOD FACTORIES.
60. Every licensee shall keep in his premises an ample supply of
good potable water to the satisfaction of the District Commissioner.

61. All prepared food and food in the course of preparation shall be
adequately protected against contamination by dust, flies, and vermin,
to the satisfaction of the District Commissioner.

62. Every licensee shall provide, for the reception of garbage and
waste products, a sufficient number of strong movable dust-bins,
constructed of impervious materials with close fitting covers fitted
thereto. and of a pattern approved by the District Commissioner. All
refuse matters shall be removed front the premises not less than once
daily and every dust-bin shall be thoroughly washed and disinfected
after each removal.

63. No person shall spit in any food factory except into spittoons
provided for the purpose.





64. The licensee shall cause to be continuously displayed in a
conspicuous position on every floor of his licensed premises, a notice
or notices in English and Chinese, of a size and form approved by the
District Commissioner requiring all persons present on the premises not
to spit except into spittoons.
65. All premises and equipment therein shall be kept at all times in a
cleanly condition and free from all noxious matter, and all floors of the
premises shall be washed, as often as the District Commissioner shall
determine, but never less than once a day.
1 66. Except with the permission in writing of the District
Commissioner no unsalted flesh meat shall be brought into the premises
of a food factory other than that which has been slaughtered in a
Government slaughter-house, or an approved private slaughter-house,
or which has been imported from Canada, Australia, or New Zealand, or
other approved places.
67. No persons suffering from disease shall remain or be employed
on the premises of a food factory.

68. The licensee shall normally be in attendance at his place of
business and shall not absent himself for more than one calendar month
without previous notification in writing to the District Commissioner.
69. Every licensee shall display in a conspicuous part of his
premises approved by the District Commissioner, a translation in the
Chinese language of such of these rules as the District Commissioner
considers appropriate to the licensee's trade.
70. Every valid licence shall be framed and displayed in a
conspicuous part of the licensee's premises, to the, satisfaction of the
District Commissioner.

71. All licensed premises, and the work being carried on, and all
appliances, utensils, receptacles, machinery, fittings, fixtures, and all
goods therein shall be open, at all reasonable times, to the inspection of
any food officer.





72. Except with the written permission of the District Commissioner
the premises shall not be put to any use or purpose, domestic or
otherwise, other than that for which the premises are licensed.

73. Adequate lighting and ventilation, to the satisfaction of the
health officer, shall be provided.

74. Every internal wall shall be rendered to a height of eight feet
with a cement mortar rendering, or other suitable non-absorbent material
to the satisfaction of the District Commissioner.

75. All walls, ceilings, or roofs shall be limewashed throughout to
the satisfaction of the District Commissioner in March and September
annually.

76. Every licensee shall provide to the satisfaction of the District
Commissioner adequate kitchen accommodation and rooms or enclosed
spaces for the preparation and storage of food.

77. Every licensee shall provide to the satisfaction of the District
Commissioner suitable ablution facilities and adequate latrine
accommodation.

78. The ground surfaces of the premises shall be laid with not less
than four inches of cement concrete and the surfaces shall be rendered
smooth and impervious with a layer of asphalt or cement rendering of
not less than half an inch in thickness, or of such other material of such
nature and thickness as the District Commissioner may approve. Floor
surfaces other than cement surfaces shall be of a nonabsorbent material
finished off smooth.

79. Where the process of the trade necessitates the use of open
spaces, such open spaces shall be surfaced and drained to the
satisfaction of the District Commissioner.

80. The drainage provided shall be to the approval of the District
Commissioner. No drain inlet shall exist or remain in any part of the
premises.





81. Without the prior written consent of the District
Commissioner no licensee shall permit any structural alterations
of his premises, nor shall he use his premises for any purpose
except a food factory.

82. No animals except cats shall be kept on the premises of
a food factory.

RULES FOR DAIRIES AND MILK SHOPS.

83. No person shall sell, offer or expose for sale or use in the
preparation of some other article of food for sate any milk or
cream other than pasteurized milk or pasteurized cream. For the
purpose of this rule 'pasteurized milk or cream' means milk or
cream which has been heated to, and retained for a period of not
less than thirty minutes at a temperature of not less than 145
degrees on the Fahrenheit scale and not more than 150 degrees
on the Fahrenheit scale, and which has then immediately been
cooled to a temperature of not more than 55 degrees on the
Fahrenheit scale.

84. (1) All pasteurizing, sterilizing, cleansing, cooling,
refrigerating, cold storage, bottling, filling or other plant or
apparatus used in any dairy shall be of a type approved by the
District Commissioner.
(2) Every pasteurizing plant or apparatus shall be equipped
with a self-registering thermometer device which will accurately
indicate and record the temperature to which and the length of
time for which the pasteurized milk has been heated. All such
records shall be kept for at least two months and shall be
available for inspection at all reasonable times by any health
officer or food officer.

85. (1) Milk shall be sold, offered, or exposed for sale only in
containers of a type approved by the District Cornmissioner. For
the purposes of these rules 'container' includes any cover
attached to a container.
(2) Sterilized milk or sterilized cream shall be sold, offered or
exposed for sale. only in receptacles of a type approved by the
Council. For the purposes of this rule 'receptacle' includes any
cap, disc, stopper or cover attached to a receptacle.





86. (1) Every bottle used as a container for milk shall be
constructed of clear colourless glass and shall be closed with a
tightly fitting disc and covered with an outer cover overlapping the
lip of and securely fastened to the bottle. The outer cover or, if
the outer cover is constructed of transparent material, the disc of
a prominent label or labels attached to the bottle shall bear
(a) the name in English letters of the dairyman in
Whose dairy the milk was pasteurized and bottled;
(b) the word 'PASTEURIZED'.

(2) Every receptacle used as a container for sterilized milk or
cream shall bear a label affixed thereto on which shall be printed
in large and legible type in English the words 'STERILIZED
WHOLE MILK' or 'STERILIZED CREAM' as the case may be
and in English lettering of ordinary type the name and address of
the producer and the presence, if any, of any substance not
ordinarily found in milk or cream.

87. All containers shall be thoroughly cleansed and sterilized
before use. The cleansing and sterilizing of bottles-shall be done
with steam or boiling water.

88. The filling of all containers shall be carried out only in the
premises in which the milk was pasteurized and shall be done by
machinery or some other means approved by the District
Commissioner.

89. Except with the written permission of the District
Commissioner no dairyman shall have in his dairy or milk shop
any milk derived otherwise than from his own licensed premises.
90. All milk and other dairy products in course of
preparation shall be adequately protected against contamination
by dust, flies, and vermin to the satisfaction of the District
Commissioner.

91. (1) No person shall spit in any dairy or milk shop.
(2) Every licensee shall cause to be continuously displayed in
a conspicuous position on every floor of his licensed premises a
notice or notices in English and Chinese,





of a size and form approved by the District Commissioner requiring ail
persons present on the premises not to spit.

92. Every dairyman shall cause every part of his dairy or milk shop
to be thoroughly cleansed from time to time as often as may be
necessary to secure that such dairy or milk shop shall be at all times
clean to the satisfaction of a health officer or food officer.

93. Every dairyman shall cause the floor of every such dairy or milk
shop to be thoroughly cleansed and all offensive matter to be removed
from such dairy or milk shop as often as may be necessary and not less
than twice a day.

94. Every dairyman shalt keep in or in connexion with his dairy or
milk shop a supply of clean fresh water suitable for all such purposes as
may from time to time be necessary.

95. No dairyman shall deposit or keep any milk or any other dairy
products in any room used as a kitchen or as a living room.

96. Every dairyman shall cause every vessel and utensil used by
him for the reception of milk, butter, cream, et cetera to be of such
material and design as the District Commissioner shall approve.

97. Every dairyman shall cause every vessel, receptacle, or utensil
used by him as containers for milk, butter, cream, etcetera to be cleansed
thoroughly with steam or clean boiling water after use and shall maintain
such containers in a constant slate of cleanliness.

98. No dairyman shall permit or suffer any person to drink out of
any vessel or measure used by him in purveying milk.

99. No dairyman shall cause or suffer any animal belonging to him
under his control to be milked unless
(a) at the time of milking the udder and teats of such animal are
thoroughly clean; and





(b) the hands of the person milking such animal are
thoroughly clean and free from all infection and
contamination.

100. It shall be the duty of every dairyman to use due
diligence and care to ascertain the presence of sickness or
disease on the premises of his dairy or milk shop and to ascertain
whether such sickness or disease is of a contagious or infectious
nature, and he shall be presumed to know of the existence of
such sickness or disease, unless and until he shows to the
satisfaction of a magistrate, before whom he is charged, that he
could not with reasonable diligence have obtained such
knowledge.

101. Every dairyman shall, when any person residing in his
house or being upon his premises is suffering from any disease,
give immediate notice thereof in writing to a health officer.

102. (1) Every, person engaged or employed in any capacity in
any dairy or milk shop shall submit himself for such medical
examination at such time and place as may be designated by a
health officer.

(2) If, after medical examination, it Is the opinion of a health
officer that employment in a dairy has caused, or is likely to
cause, spread of disease to man or animal, the person so
medically examined shall be notified in writing and he shall
forthwith cease to engage himself or to be employed in any dairy
until certified by medical certificate 10 be no longer likely to
cause spread of disease to man or animal.

(3) It shall be unlawful for the licensee of any dairy to
employ any person who, in accordance with paragraph (2), is
deemed to have caused, or is likely to cause, spread of disease to
man or animal.

103. No dairyman shall allow any person suffering from any
disease or having recently been in contact with a person so
suffering to reside or enter upon his premises

or to milk any animal or handle any vessel used for the reception
of milk or in any way to take part in the conduct of the
production, preparation, storage, distribution or sale of milk.





104. If, at arty time any disease dangerous to animals or
mankind or any disease of the udder exists among the cattle
belonging to or under the charge of a dairyman or amongst other
animals associated with the cattle of such dairyman, he shall
notify the same forthwith to a health officer.

105. The milk of a diseased animal or of animal which has
been in contact with or associated with a diseased animal and the
milk of which is in the opinion of a health officer likely to have
become or to become contaminated
(a) shall not be mixed with other milk;
(b) shall not be sold as human food; and
(c) shall not be sold or used as food for other animals save
with the permission of a health officer.

106. Whenever a health officer is of opinion or has reason to
suspect that any person in the Colony is suffering from disease
attributable to milk or other dairy produce supplied from any dairy
or milk shop situated within the New Territories or that the
consumption of milk from any dairy is likely to cause disease to
any person, lie shall have Power to inspect such dairy or milk
shop and medically to examine any person residing or employed
therein and may call upon a veterinary officer to inspect and
examine the animals therein, and the carcases of any animals that
may have died therein.

107. If a health officer is of opinion that disease is caused or
likely to be caused by the consumption of milk supplied from any
dairy or milk shop, or that the public health is or is likely to be
endangered by any act or default of any dairyman, such health
officer may make an order in writing with a view to stopping the
supply, distribution or sale of such milk, absolutely or under
conditions laid down in such order.

108. Every dairyman shall take all reasonable and proper
precautions in and in connexion with the storage and distribution
of milk, and otherwise, to prevent the exposure of the milk to any
infection or contamination.





109. If an order prohibiting the supply, distribution or sale of
milk is made against a dairyman under the provisions of the
preceding rule, he shall not be entitled to claim compensation for
any damage or loss which he may sustain thereby.

110. No water closet, dry closet, earth closet-or urinal shall be
within, or be in direct communication with, any dairy or milk shop
and no person shall use any dairy or milk shop as a sleeping room
or for domestic purposes.

111. Every dairy and milk shop shall be adequately lighted and
ventilated to the satisfaction of the District Commissioner.

112. The ground surfaces of every dairy and milk shop shall
be laid with not less than four inches of cement concrete and the
surfaces shall be rendered smooth and impervious with a layer of
asphalt or cement rendering of not less than half an inch in
thickness, or with such other material of such nature and
thickness as the District Cornrnissioner may approve. In the case
of any premises where cattle or goats are kept, the ground
surface shall be raised at least eight inches above the ground level
and shall have a slope of not less than one in sixty towards, and
shall directly communicate with an independent drain. The drain
shall be constructed to the satisfaction of the District
Commissioner and shall be provided with a covered cement catch-
pit, the contents of which shall be removed daily.

113. Every place used by a dairyman in connexion with his
trade shall be specified in the licence and any place not so
specified therein shall not be used.

114. Where the process of the trade necessitates the use of
open spaces, such open space shall be surfaced and drained to
the satisfaction of the District Commissioner.

115. The drainage provided shall be to the approval of the
District Commissioner. No drain inlet shall exist or remain in any
part of the premises.

116. Every internal wall in a dairy or milk shop shall be
rendered to the underside of any ceiling or roof with





cement mortar, or other suitable non-absorbent material to the
satisfaction of the District Commissioner.

117. The whole of the interior walls and the ceilings of the rooms in
every dairy and milk shop shall be properly limewashed At least twice a
year in June and December to the satisfaction of a health officer.

118. Without the prior written consent of the District Commissioner
no licensee shall permit any structural alterations of his premises.

119. The licensee or such person as the District Commissioner shall
approve shall normally be in attendance at his place of business and
shall not absent himself for more than one calendar month without
previous notification. to the District Commissioner.

120. Every licensee shall display in a conspicuous part of his
premises approved by the District Commissioner, in English together
with a translation in the Chinese language of such of these rules as the
District Commissioner considers appropriate to the licensee's trade.

121. Every valid licence shall be framed and displayed in a
conspicuous part of the licensee's premises, to the satisfaction of the
District Commissioner.

122. No animals other thari cattle and goats shall be allowed on the
premises of a dairy. Cats may be allowed thereon provided milking or
processing of butter, cheeseY and other dairy produce is not in
progress.

123. No animals except cats shall be kept on the premises of a milk
shop.

GENERAL RULES FOR ALL MARKETS.
124. All markets shall be used solely for the sale of fresh meat, fresh
fish, poultry and fresh vegetables or such other commodities as may
from time to time be prescribed.

125. No buildings shall be erected or maintained in any market
except stalls.





126. All markets shall be open to the public between the hours of 6
a.m. and 6 p.m.

127. No person shall make use of any avenue or thoroughfare of any
market for the conveyance of merchandise not intended for sale or
exposure for sale in the market.

128. No person shall hawk or cry any article whatever for sale in
any market.

129. No stallholder shall keep any dog in a market nor shall any
person knowingly permit any to follow him into a market.

130. No person shall cleave any carcass or part of any carcass
elsewhere than upon a cleaving block or chopping board or hooks
provided for the purpose.

131. Every stallholder shall cause his stall, including cleaving
blocks, chopping boards, and other implements and utensils used in
connexion with the business to be thoroughly cleansed at least once
daily and in the case of fishmongers at least twice daily, or as often as
shall be necessary to maintain them in a cleanly condition at all times.
He shall be responsible for maintaining the avenue or passage-way in
front of his stall in a cleanly condition at all times.

132. No stallholder shall suffer any garbage or refuse to remain on
or be under or about his stall.

132. Every stallholder shall, if required to do so, provide a sanitary
dust-bin of approved pattern.

134. No person shall throw any garbage or refuse on to any market
avenue or thoroughfare.

135. No person shall sleep in any market.

136. No stallholder or agent for a stallholder shall act in any way
prejudicial to the good order and cleanliness of any market.





137. Except with the written permission of the District Commissioner
no unsalted flesh meat shall be brought into a market, other than that
which has been slaughtered in a Government slaughter-house, or an
approved private slaughter-house, or which has been imported from
Canada, Australia, or New Zealand, or other approved places.

SPECIAL RULES FOR GOVERNMENT MARKETS.

138. All stalls in a Government market shall be let by the District
Commissioner for the sale of specified commodities without fine or
premium from month to month, for a rental to be ascertained by scaled
tenders. The District Commissioner shall not be bound to accept the
highest or any tender: Provided that if a lessee dies his stall may be let
to his son or sons or other near relative in his stead.

139. One month's notice of the discontinuance of any letting shall
be given by either the District Commissioner or the lessee as the case
may be. Any person remaining in possession of a stall after his tenancy
has been determined may be evicted from such stall.

140. All rents of stalls in a Government market shall be paid each
month in advance at a District Office where a receipt will be given.

141. In the event of any stallholder failing to pay his rent in advance
during the first seven days of any month, his tenancy shall be
determined and the District Commissioner shall be entitled to put up the
stall to tender at once and, if necessary, to evict the previous stallholder
therefrom.

142. If it appears to the District Commissioner that any game of
chance is played at any stall, whether for stakes or not, with or without
the consent of the stallholder, it shall be lawful for the District
Commissioner to terminate the stallholder's tenancy at once and take
possession of such stall and the balance of the rent already paid shall
be forfeited to the Government.

143. Every stallholder who absents himself from the Colony for a
period exceeding one month shall give previous





notice in writing of such fact to the District Commissioner and report to
him the name and address of the agent responsible for his stall during
his absence.

144. Every stallholder shall frame and display in a conspicuous part
of his stall approved by the District Commissioner the stallholder card
supplied to him by the District Commissioner.

SPECIAL RULES FOR PRIVATE MARKETS.

145. Every private market shall be managed by a committee and a
chairman appointed by the owners of such market. The District
Commissioner shall be furnished with the names of such committee and
chairman and any change therein as may be effected from time to time.

146. All stalls in a private market shall be constructed of materials
and according to designs approved by the District Commissioner.

147. The committee shall keep or cause to be kept all parts of the
market premises in a clean and sanitary condition to the satisfaction of
the District Commissioner.

148. The District Commissioner or any officer appointed by him for
the purpose or any, health officer or food officer shall have, at all times
during which a private market is open to the public, free access to all
parts thereof.

149. A health officer may upon three days' previous notice in
writing require any or all stallholders to remove all goods and articles
from their stalls in order that a private market may be thoroughly
cleansed.

150. Stalls in a private market shall be numbered consecutively and
classified according to the class of goods sold and the owners of such
market shall when called upon to do so by the District Commissioner
supply to him a list of all occupied stalls, the classification and the
names and addresses of all stallholders.





151. In the case of any breach of any of the foregoing rules relating
to private markets the District Commissioner may in lieu of or in addition
to any penalty which may be inflicted in respect thereof order the
payment out of the funds of a private market for the use of the Crown
any sum not exceeding two hundred and fifty dollars.

SPECIAL RULE FOR CHEUNG CHA U AND
SAI KUNG MARKETS.

152. The monthly accounts of the Cheung Chau and Sai Kung
markets shall be submitted each month to the District Commissioner for
his approval, and a copy of the accounts for the last previous month
shall be posted by the chairman in a conspicuous position on the
premises for display to the public.

RULES FOR HA WKERS.
Cooked Food Stall Hawkers.

153. All water used by the licensee in connexion with his stall shall
be from a source approved by the District Commissioner.

154. All food, whether or not prepared for immediate consumption,
shall be adequately protected against contamination by dust, flies, and
vermin, to the satisfaction of the District Commissioner.

155. Every licensee shall provide and maintain to the satisfaction of
the District Commissioner a covered galvanized iron receptacle for
refuse.

156. Every licensee shall keep his stall clean and shall not allow
refuse to accumulate in, under, or upon any part of the stall.

157. Every licensee shall at all times provide a sufficient quantity of
boiling water and shall cause every chopstick and utensil to be washed
in boiling water after their use by one customer and before their use by
another.





158. No food in a state of complete or partial preparation for
human consumption shall be obtained from external sources
unless from a licensed food factory. The licensee, upon the
request of a health officer or food officer shall produce evidence
of origin of any partially or completely prepared food which may
have been obtained from external sources.

159. Except with the permission in writing of the District.
Commissioner no unsalted flesh meat shall be used by the
licensee other than that which has been slaughtered in a
Government slaughter-house, or an approved private slaughter-
house, or which has been imported from Canada, Australia or
New Zealand, or other approved places.

160. Intoxicating liquors shall not be sold or consumed at a
cooked food stall.

161. (1) Every licensee and every person employed by him for
the purposes of his business shall submit himself for medical
examination at such time and place as may. be designated when
required so to do by a health officer.

(2) If, after medical examination. it is the opinion of a health
officer that a licensee or any person employed by him has
caused, or is likely to cause, spread of disease, the person so
medically examined shall be notified in writing by the District
Commissioner and lie shall forthwith cease to be engaged in the
business of, or to be employed at, any cooked food stall until he
obtains a medical certificate that lie is no longer likely to cause
spread of such disease.

(3) It shall be unlawful for a licensee to employ any person
who, in accordance. with paragraph (2), is deemed to have caused,
or is likely to cause, spread of disease.

162. No new licence shall be issued to anyone who is
suspected to be suffering from any disease.

163. The licensee shall at all times be in attendance at his
stall.





164. Every, licensee shall display in a conspicuous part of his
premises approved by the District Commissioner a translation in the
Chinese language of such of these rules as the District Commissioner
considers appropriate to the licensee's stall.

165. Every valid licence shall be framed and displayed in a
conspicuous part of the licensee's stall, to the satisfaction of the District
Commissioner.

166. No person shall sleep in any cooked food stall, and no bed,
bedding, or other domestic articles shall be brought into such stall.

167. Except with the prior consent of the District Commissioner no
stall shall exceed seven feet in length and four feet in width. The District
Commissioner may impose such conditions as to the nature and number
of cooking stoves to be used, as he may think fit.

168. No licensee shall place his stall or any part thereof or anything
used for his trade within ten feet of any storm water grating or in a
manner likely, to obstruct any side channel.

169. When requested so to do by a health officer or health inspector
for the purpose of scavenging the road surface and channels, a licensee
shall remove his stall and any impediment connected with his trade for
such period as may be necessary to complete such scavenging or
cleansing.

170. No licence shall confer upon any licensee a permanent right to
any site. Every licensee shall place and maintain his stall in such
position as the District Commissioner shall rule.

171. The District Commissioner may at any time order the removal of
any stall from any site to any other site, and the licensee shall
thereupon comply with the order of the District Commissioner.

172. Every licensee shall carry on his trade only between the hours
of 6 a.m. and 11 p.m.





Fixed Pitch Hawkers.
173. Every licence issued by the District Commissioner to a
fixed pitch hawker shall clearly indicate on the licence the
commodities which may be sold by the licensee.
174. No licence shall confer upon any licensee a permanent
right to any pitch. A licensee shall trade only on the pitch allotted
to him by the District Commissioner.
175. No licensee shall occupy a pitch exceeding four feet in
length and three feet in width, nor shall his stock in trade on the
pitch exceed a height of three feet.
176. Every licensee upon being ordered so to do by the
District Commissioner shall forthwith remove his pitch to any
other pitch designated by the District Commissioner.
177. No licensee shall place his wares or any part thereof or
anything used or pertaining to his trade in a manner likely to
obstruct any side channel.
178. Every licensee shall keep his pitch clean and shall not
allow refuse to accumulate thereon.
179. Every licensee shall trade only between the hours of 6
a.m. and 11 p.m.
180. Every licensee shall at the close of trade each day
remove all his wares and utensils and leave his pitch in a clean
condition.
181. Every licensee shall at all times be in attendance at his
pitch.
182. Every licensee shall always carry, whilst hawking, his
licence for production.

Pedlar Hawkers.
183. Every licence issued by the District Commissioner to a
pedlar hawker shall clearly indicate on the licence the
commodities which may be sold by the licensee.
184. Every licence shall be clearly endorsed by the District
Commissioner to show the locality in which the licensee may
trade.





185. The District Commissioner shall issue to every licensee a lapel
card bearing his name, licence number, particulars of district, and class
of goods to be sold, and the licensee shall at all times while conducting
his trade wear the said lapel card on his clothes externally in a
conspicuous place so as to be clearly visible.

186. No tray, basket, or receptacle of any kind used by a licensee for
his trade shall exceed three feet in length and three feet in width. No
licensee shall trade with more than two such receptacles; and a licensee
may also carry one smaller receptacle of not more than two cubic feet
capacity to contain refuse.

187. Every licensee may trade only in those streets for which his
licence is endorsed, and no licensee shall set up his wares or offer them
for sale on any main thoroughfare or pavement. He may, with the written
permission of the District Commissioner, set up his wares in an
approved side-street.

188. Every licensee shall trade only between the hours of 6 i.m. and
11 p.m.

Ice Cream and Frozen Confection Hawkers.

189. Except with the written permission of the District Commissioner
licences shall only be issued to bona fide employees of a licensed
food factory.

190. Every licence shall be clearly endorsed by the District
Commissioner to show the locality where the licensee may trade.

191- Except with the approval and subject to such conditions as the
District Commissioner may impose, every licensee shall sell only such
ice cream and frozen confections as are manufactured by the licensed
food factory by which he is employed.

192. The District Commissioner shall issue to every licensee a lapel
card bearing his name, licence number and the types of confections to
be sold and the licensee shall





at all times when conducting his trade wear the said lapel card on his
clothing externally in a conspicuous place so as to be clearly visible.

193. No licensee shall trade in any manner likely to cause
obstruction in any road, street or foot-path, or congregate or sell outside
theatres, cinemas and restaurants.

194. No licensee shall hawk or sell on any bathing beach within the
New Territories except with the written permission of the District
Commissioner.

195. Every licensee shall wear a clean uniform of washable material
and, where applicable, bearing the name of the licensed food factory by
which he is employed.

196. Every licensee whilst trading shall carry his current inoculation
and vaccination certificates.

197. Ice boxes or containers used by a licensee in his trade shall be
of a design approved by the District Commissioner and shall be
thoroughly cleansed daily.

198. Ice cream and frozen confection shall only be sold in their
original containers.

199. Every licensee shall trade only between the hours of 8 a.m. and
8 p.m.

200. Ice cream and frozen confections remaining unsold at the close
of the day shall be stored to the satisfaction of the District
Commissioner at the depots of the licensee's food factory by which he is
employed, or by such other means as shall be approved by the District
Commissioner.

PENALTY.
201. Any person who acts in contravention of the rules mentioned
hereunder shall upon summary conviction be liable to a fine of one
thousand dollars or to imprisonment for six months-rules 3, 11 to 14, 22 to
5 1, 52 (2), 53 to 56, 58 to 78, 80 to 105, 108, 110 to 137, 143, 144, 145 to 150,
152, 153 to 16o, 161 (1) and (3), 162 to 166, 168, 169, 171, 172, 174 to 182,
185 to 188, 191 to 200.





APPENDIX 1.

LICENCE FORMS.

FORM 1.
HONG KONG [rule 3]

G. R.

Licence No . Audit No .
Licence Fee Dated
NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).
FOOD SHOP LICENCE.
Name of Licensee of (address)
is hereby licensed to sell being articles of
food for man usually sold or exposed for sale in a market,
at the following address-

Licence valid until

District Commissioner, New Territories.

Photograph
of
Licensee





FORM 2.
HONG KONG [rule 3]

G. R.

Accommodation Licence No . Audit No
*MORE THAN go persons Licence Fee Dated
*LESS THAN 90 persons

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).

RESTAURANT LICENCE.
Name of Licensee of (address)

is hereby licensed to conduct the trade of a restaurant known
as the (Sign of House)

Licence valid until

* Strike out where not applicable


District Commissioner, New Territories.

Photograph
of
Licensee





FORM 3.
HONG KONG [rule 3]

G. R.

Accommodation Licence No . Audit No .
Total Enclosed Licence Fee Dated
Floor Space:

*MORE THAN
1500 sq. ft.
*LESS THAN

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).

FOOD FACTORY LICENCE.
Name of Licensee of (address)
is hereby licensed to conduct the trade of a food factory for the
preparation of the following foods
at the following address-
Licence valid until .....................
* Strike out where not applicable.

..................
District Commissioner, New Territories.

Photograph
of
Licensee





FORM 4.
HONG KONG [rule 3]


G. R.

Licence No . Audit No .
Licence Fee Dated

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).
DAIRY/MILK SHOP LICENCE.

(Cross out the word not applicable)

Name of Licensee of (address)

is hereby licensed to conduct the trade of a .......................

at the following address-

(each building to be enumerated on the licence)

Licence valid until .....................

...............
District Commissioner, New Territories.

Photograph
of
Licensee





FORM 5.
HONG KONG [rule 3]


G. R.

Licence No . Audit No .
Licence Fee Dated
NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).
PRIVATE MARKET LICENCE.
Name of Licensee (Secretary or Chairman of the Market
Committee) ........................................................
of (address)

is hereby licensed on behalf of the ..................................
to conduct the trade of a Private Market at the following
address-

Licence valid until .....................

District Commissioner, New Territories.

Photograph
of
Licensee





FORM 6.
HONG KONG [rule 31

G. R.

Licence No . Audit No .
Licence Fee . Dated

NEW TERRITORIES ORDINANCE.
( Chapter 97 of the Revised Edition).
COOKED FOOD STALL HAWKER LICENCE.

Name of Licensee of (address)

is hereby licensed to hawk in

in the distract of .........................................................
Licence valid until

District Commissioner, New Territories.

Photograph
of
Licensee





FORM 7.
HONG KONG [rule 3]

G. R.

Licence No . Audit No .

Licence Fee Dated

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).
FIXED PITCH HAWKER LICENCE.

Name of Licensee of (address)

is hereby licensed to hawk on the
following pitch-

Licence valid until

...............
District Commissioner, New Territories.

Photograph
of
Licensee





FORM 8.

HONG KONG [rule 3]

G. R.

Licence................No . Audit No .
Licence................Fee Dated

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).

PEDLAR HAWKER LICENCE.


Name of Licensee ... of (address)
is hereby licensed to hawk in

in the district of

Licence valid until

District Commissioner, New Territories.

Photograph
of
Licensee





FORM 9.
HONG KONG [rule 3]

G. R.

Licence No . Audit No .
Licence Fee Dated

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition).

ICE CREAM AND FROZEN CONFECTION HAWKER LICENCE.
Name of Licensee of (address)
is hereby licensed to hawk ice cream and frozen confections

only in the District. Ice cream
and frozen confections are the products of a licensed food
factory of ....................................................................

Licence valid until .....................

. .
District Commissioner, New Territories.

Photograph
of
Licensee






APPENDIX II.

LICENCE FEES.

Type of Licence. Annual Fee. Licensing
Date.
Inside any Outside any
market area. market area.

FOOD SHOP
(i) Beef and mutton $240 $30
(ii) Pork 240 30
(iii) Fish 240 30 1st January.
(iv) Poultry 240 30
(v) Vegetables 50 20
not commonly sold in a
market.
(vi) Fruit 50 20

RESTAURANT
(i) With normal seating
accommodation for go 1st January.
or more $200
(ii) Less than go $120 $60

FOOD FACTORY
(i) Where the total
enclosed floor space
exceeds 1,500 sq. ft. $120
(ii) Where the total
enclosed floor space 1st October
does not exceed 1,500
sq. ft . $ 60
(Enclosed floor space
is any area covered
by a roof.)





APPENDIX II.-Continued.

LICENCE FEES.-Continued.

Type of Licence. Annual Fee. Licensing
Date.

DAIRY $120 1st July
MILK SHOP $120 1st July
PRIVATE MARKET $500 except for Cheung
Chau and Sai Kung
Markets, for which 1st July
a free licence shall
be issued to the
Committee.

Hawkers' Licences

COOKED FOOD STALLHOLDER $100 1st July

FIXED PITCH HAWKER 30 1st August

PEDLAR HAWKER 10 1st Sept.

ICE CREAM AND FROZEN
CONFECTION HAWKER 50 1st April
Duty of persons in charge of children. Penalty G.N.A. 75/51. G.N.A. 190/49. G.N.A.75/51.
Citation and effect. Interpretation.
[r. 2 cont.] (Cap. 97.) (Cap. 97.)
Trade or business to be licensed. Forms of licence. Appendix I.
Licence fees. Appendix II. Application for licence. Loss, etc. of licence or lapel card. Revocation or suspension of licence. Expiry date of licence. Appendix II. Restrictions as to trade and place of trade. Sub-letting, transferring, etc. of licence.
[r. 19 cont.] Arrest of offenders by health officer or food officer. Right oif appeal. Water supply. Goods to be in clean wrapper. Dust-bins.
Limewashing. Prohibiting of spitting. Display of anti-spitting notices. Cleanliness of premises. Drinking water for birds. Unsalted flesh meat forbidden in food shops. Licensee in normal attendance. Display of rules.
Display of licence. Sleeping quarters. Structural alterations, etc. Water supply. Food to be covered. Supply of dust-bins and removal of refuse. Requirements as to limewashing and cleaning.
Spitting prohibited. Display of anti-spitting notices. Cleanliness of premises. Cleansing and sterilization of utensils. Food from external sources Unsalted flesh meat forbidden in restaurant.
Kitchen accommoda-tion. Use of Lane, etc. prohibited. Finish to ground surfaces. Ceilings, undersides of floors. Drainage. Structural alterations, etc. Officers of Fire Brigade to have access to premises.
[r. 57 cont.] Compliance with requirements by licenses. Opening and closing time. Only cats allowed in a restaurant. Water. Food to be covered. Supply of dust-bins and removal of refuse. Spitting prohibited.
Use of licensed premises. Adequate lighting and ventilation. Rendering of internal wall. Limewashing. Kitchen accommo-dation. Ablution facilities etc. Finish of ground surfaces. Surfacing of open spaces. Drainage.
Structural alterations. Only cats allowed in a food factory. Only pasteurized milk to be sold, etc. Type of pasteurizing, etc. equipment. Recording temperature of pasteu-rization. Sale, etc. of milk in approved containers only.
Type of bottles to be used. Sterilization of container. Filling of containers. Only milk from licensee's premises permitted therein. Milk and dairy products to be covered. Spitting prohibited.
Cleansing of dairy, etc. Cleansing of floor. Supply of fresh water. Deposit of milk in kitchen, etc. forbidden. Type of utensil. Drinking out of vessel or measure forbidden. Cleanliness of animals, etc., at milking.
Notification of diseases. Milk from diseased animal. Power of inspection of dairy or milk shop and examination of persons and animals. Power to stop supply and sale of milk. Prevention of exposure of milk to infection.
Limewashing. Structural alterations. Licensee in normal attendance. Display of rules. Display of licence. Types of animals allowed in a daiiry. Only cats allowed in milk shop. Restrictions as to sale. Erection of stalls.
Unsalted flesh meat forbidden in markets. Letting of stalls in Government markets. Discontin-uance of any letting. Monthly rent to be paid in advance. Consequences of failure to pay rent. Gaming forbidden. Absence of stallholder.
[r. 143 cont.] Display of stallholder card. Market committee and chairman. Construction and design of stalls. Cleanliness of market. District Commissioner to have free access to private markets. Cleansing of market, etc. Classification of stalls.
Breach of rules. Monthly accounts of Cheung chau and Sai Kung markets. Water. Food to be covered. Supply of receptacle for refuse. Cleanliness of stall. Washing of chopsticks.
Display of rules. Display of licence. Sleeping in stall forbidden. Size of stall. Site of stalls. Removal of staff for cleansing, etc. Possession of site. Removal of stall to another site. Hours of trade.
Lapel card. Size of receptacles. Obstruction of street or pavement. Hours of trade. To whom granted. Registration to approved localities. Restriction as to sale. Lapel card.

Duty of persons in charge of children. Penalty G.N.A. 75/51. G.N.A. 190/49. G.N.A.75/51.
Citation and effect. Interpretation.
[r. 2 cont.] (Cap. 97.) (Cap. 97.)
Trade or business to be licensed. Forms of licence. Appendix I.
Licence fees. Appendix II. Application for licence. Loss, etc. of licence or lapel card. Revocation or suspension of licence. Expiry date of licence. Appendix II. Restrictions as to trade and place of trade. Sub-letting, transferring, etc. of licence.
[r. 19 cont.] Arrest of offenders by health officer or food officer. Right oif appeal. Water supply. Goods to be in clean wrapper. Dust-bins.
Limewashing. Prohibiting of spitting. Display of anti-spitting notices. Cleanliness of premises. Drinking water for birds. Unsalted flesh meat forbidden in food shops. Licensee in normal attendance. Display of rules.
Display of licence. Sleeping quarters. Structural alterations, etc. Water supply. Food to be covered. Supply of dust-bins and removal of refuse. Requirements as to limewashing and cleaning.
Spitting prohibited. Display of anti-spitting notices. Cleanliness of premises. Cleansing and sterilization of utensils. Food from external sources Unsalted flesh meat forbidden in restaurant.
Kitchen accommoda-tion. Use of Lane, etc. prohibited. Finish to ground surfaces. Ceilings, undersides of floors. Drainage. Structural alterations, etc. Officers of Fire Brigade to have access to premises.
[r. 57 cont.] Compliance with requirements by licenses. Opening and closing time. Only cats allowed in a restaurant. Water. Food to be covered. Supply of dust-bins and removal of refuse. Spitting prohibited.
Use of licensed premises. Adequate lighting and ventilation. Rendering of internal wall. Limewashing. Kitchen accommo-dation. Ablution facilities etc. Finish of ground surfaces. Surfacing of open spaces. Drainage.
Structural alterations. Only cats allowed in a food factory. Only pasteurized milk to be sold, etc. Type of pasteurizing, etc. equipment. Recording temperature of pasteu-rization. Sale, etc. of milk in approved containers only.
Type of bottles to be used. Sterilization of container. Filling of containers. Only milk from licensee's premises permitted therein. Milk and dairy products to be covered. Spitting prohibited.
Cleansing of dairy, etc. Cleansing of floor. Supply of fresh water. Deposit of milk in kitchen, etc. forbidden. Type of utensil. Drinking out of vessel or measure forbidden. Cleanliness of animals, etc., at milking.
Notification of diseases. Milk from diseased animal. Power of inspection of dairy or milk shop and examination of persons and animals. Power to stop supply and sale of milk. Prevention of exposure of milk to infection.
Limewashing. Structural alterations. Licensee in normal attendance. Display of rules. Display of licence. Types of animals allowed in a daiiry. Only cats allowed in milk shop. Restrictions as to sale. Erection of stalls.
Unsalted flesh meat forbidden in markets. Letting of stalls in Government markets. Discontin-uance of any letting. Monthly rent to be paid in advance. Consequences of failure to pay rent. Gaming forbidden. Absence of stallholder.
[r. 143 cont.] Display of stallholder card. Market committee and chairman. Construction and design of stalls. Cleanliness of market. District Commissioner to have free access to private markets. Cleansing of market, etc. Classification of stalls.
Breach of rules. Monthly accounts of Cheung chau and Sai Kung markets. Water. Food to be covered. Supply of receptacle for refuse. Cleanliness of stall. Washing of chopsticks.
Display of rules. Display of licence. Sleeping in stall forbidden. Size of stall. Site of stalls. Removal of staff for cleansing, etc. Possession of site. Removal of stall to another site. Hours of trade.
Lapel card. Size of receptacles. Obstruction of street or pavement. Hours of trade. To whom granted. Registration to approved localities. Restriction as to sale. Lapel card.

https://oelawhk.lib.hku.hk/items/show/1811

CONSERVANCY (N.T.) RULES

the premises used in connexion with the trade. Where any part of
the premises is used for sleeping purposes such part shall be
partitioned off from the remainder of the premises to the
satisfaction of the District Commissioner, and no part of the trade
shall be carried on and no storage of raw materials or finished
products shall be permitted therein.
14. The. District Commissioner may by an order in writing
prohibit the occupation for domestic purposes of an), building in
which any offensive trade is carried on.

15. The District Commissioner may in his absolute discretion
exempt a licensee by endorsement on his licence from the
provisions of any of the above rules 8 to 14.
16. Every licensee shall at all times afford free access to the
District Commissioner and his Officers, and any Health Officer
or Health Inspector.
17. No person under the age of fourteen years shall be
permitted upon any, premises licensed for the carrying on of any
offensive trade.
18. The licensee shall cause a duly authenticated copy of
these rules in English and Chinese to be posted up in a prominent
position in his premises.
19. Any person who acts in Contravention of rules 4, 6 (5), 9,
10, 11, 12, 13, 16, 17 and 15 shall upon summary conviction be liable
to a fine of one thousand dollars or to imprisonment for six
months.

CONSERVANCY (N.T.) RULES
(Cap. 97, section 4).
(Ordinance NO. 34 Of 1910).

1. These rules may be cited as the Conservancy (N.T.)
Rules and shall come into force on such day as the Governor in
Council shall notify in the Gazette.
* These rules are not yet in force.





2. These rules apply to and shall take effect only within the areas in
the New Territories (except New Kowloon) specified in the Schedule to
these rules.

3. In these rules-
'excretal' matter' includes nightsoil and urine.

4. The District Commissioner shall have the exclusive right to
collect, remove and dispose of, or to delegate to others, hereinafter
referred to as conservancy contractors, the right to collect, remove and
dispose of all excretal matter from latrines (other than water closets) and
all matter so collected shall be the property of the Government who may
sell or otherwise dispose of it.

5. (1) In areas where the right of collection is delegated to
conservancy contractors, the terms and conditions of all conservancy
contracts shall be settled by the District Commissioner subject to the
approval of the Governor.
(2) In areas where a service is provided by a Governmerit
Department, the District Commissioner shall have power to charge such
fees for collecting excretal matter as lie may with the consent of the
Governor in Council from time to time determine.

6. Every servant of a conservancy contractor shall, while at work,
wear such distinguishing badge as shall from time to time be directed by
the District Commissioner.

7. The occupier of any premises or, if there be no occupier, the
owner or immediate landlord, shall, unless such premises are a
Government building, make due provision for the daily removal of all
excretal matter from such premises and for delivery thereof to the
servants of a conservancy contractor or to the servants of the
Government Department appointed for the purpose, and shall not
dispose of any such excretal matter in any other manner. He shall also
afford access, to any servant if a conservancy contractor or of the
proper Government Department for the purpose of removing excretal
matter from any part of the premises, and, if the open space appurtenant
thereto is enclosed, the gate or door shall be opened for such purpose
whenever required:





Provided that this rule shall not apply to any building provided with
water closets adequate for the disposal of the excreta of ill the
occupants of such building.

8. (1) No excretal matter shall be placed in or upon or conveyed
along or across any street or open space except between midnight and 6
a.m. and except in strong substantial buckets with closely fitting covers
and of such a pattern as may from time to time be approved by the
District Commissioner.
(2) Any person who conveys or causes to be conveyed along any
street any excretal matter at any time except within the hours fixed by
paragraph (1) hereof, or who, at any time whether within such hours or
not, uses for any such purpose any cart, carriage or other receptacle or
vessel not having a covering proper for preventing the escape of the
contents thereof or of the stench therefrom, or who slops or spills any
such excretal matter in the conveying thereof, or who does not carefully
sweep and clean every place in which any excretal matter has been
slopped or spilt, or who places or sets down in any public place any
vessel containing such excretal matter, or who drives or takes or causes
to be driven or taken any cart, carriage, receptacle or vessel used for any
such purpose as aforesaid through any street or route other than Such
as shall from time to time be appointed for the purpose by the District
Commissioner by public notice, shall be deemed to have committed a
breach of these rules.
(3) Any person other than a servant of a conservancy contractor,
or of the Government Department appointed for the purpose who
conveys or causes to be conveyed along any street or public place any
excretal matter, shall be deemed to have committed a breach of these
rules.

9. (1) No excretal matter shall be emptied, discharged, deposited or
placed in, or conveyed to, over or upon, any gully, drain, sewer or any
inlet thereto.
(2) No excretal matter removed from any premises shall be emptied,
discharged, deposited or placed in or conveyed to any place other than
such vehicles or lorries as may be provided or tanks or other places as
may be set aside for the purpose.





(3) No excretal matter shall he brought from any area to which
these rules do not apply to any areas specified in the Schedule.

10. Every person having the care or custody of any child under
twelve years of age shall prevent such child from committing any
nuisance in or by the side of any street or drain or any public place.

11. Any person who acts in contravention of rules 6, 7, 8 and 9
shall upon summary conviction be liable to a fine of one thousand
dollars or to imprisonment for six months.

SCHEDULE.
The market town known as Luen Wo Hui.

NEW TERRITORIES RULES.
(Cap. 97, section 4).
(Ordinance No. 34 of 1910).

[16th September, 1949]

SUMMARY OF RULES.

SUBJECT RULE NUMBERS

GENERAL RULES ..... 1 to 21
RULES FOR FOOD SHOPS 22 to 35
RESTAURANTS .. .... 36 to 59
FOOD FACTORIES ............. 60 to 82
DAIRIES AND MILK SHOPS 83 to 123
MARKETS:
General Rules for all Markets 124 to 137
Special Rules for Government Markets 138 to 144
Special Rules for Private Markets 145 to 151
Special Rules for Cheung Chau and
Sai Kung Markets 152
[r. 7 cont. ] Conveyance of excretal matter restricted to times between midnight and 6 a.m. Disposal of excretal matter.
Duty of persons in charge of children. Penalty G.N.A. 75/51. G.N.A. 190/49. G.N.A.75/51.

[r. 7 cont. ] Conveyance of excretal matter restricted to times between midnight and 6 a.m. Disposal of excretal matter.
Duty of persons in charge of children. Penalty G.N.A. 75/51. G.N.A. 190/49. G.N.A.75/51.

https://oelawhk.lib.hku.hk/items/show/1810

OFFENSIVE TRADES (N.T.) RULES

to contamination at the risk of the health of any person;
(d) any animal or bird so kept as to be a nuisance or dangerous to
the health of any person;
(e) any accumulation or deposit which is a nuisance or
dangerous to the health of any, person, except where
necessary for a business or manufacture and where a
magistrate is satisfied that it has not been kept longer than
necessary and that the best available means have been taken
to prevent injury to the public health ;
any house or part of a house so overcrowded as to be
dangerous to the health of the inmates;
(g any work place, not being a factory or workshop within the
meaning of the Factories and Workshops Ordinance, which is
not kept in a cleanly state, properly ventilated, and free from
overcrowding.
For the purposes of this rule, 'premises' extends to and includes
vessels and boats.

2. On the application by summons of a Health Officer or Sanitary
Inspector, any magistrate may, if lie is satisfied that a nuisance exists or
has existed on any premises, require the owner or occupier of the
premises and the author of the nuisance to abate the nuisance within
such time as the magistrate considers reasonable; and whether the
nuisance has been abated or not before the making of the order, to
prevent the recurrence of the nuisance ; and without prejudice to the
generality of #he foregoing, to do or refrain from doing such things as
the magistrate deems necessary for the abatement and prevention of the
nuisance.

3. These regulations may be cited as the Nuisances Control (N.T.)
Regulations.

OFFENSIVE TRADES (N.T.) RULES.
(Cap. 97, section 4).
(Ordinance No. 34 Of 1910).
[10th September, 1948.]
1 . These rules may be cited as the Offensive Trades (N.T.) Rules.





2. These rules apply to and shall take effect within the New
Territories except New Kowloon.
3. In these rulesoffensive trade' includes
(a) the trades of blood-boiling, tripe-boiling, soapboiling, fat-
boiling, tallow-melting, resin-boiling, bone-boiling, bone-
crushing, bone-burning, bonestoring, rag-picking, rag-
storing, manure manufacture, blood-drying, fell-mongery,
leather-dressing, tanning, glue-making, size-making, gut-
scraping, storing, dressing, and preparing sharks' fins,
haircleaning, feather-storing, feather-cleaning, pigroasting
(except the roasting of pigs in any domestic building or
restaurant for consumption in such domestic building or
restaurant by the inmates or visitors thereof), the trades
of chromium-plating, wood-oil extraction, oil-burning for
the production of soot or lampblack, making chloride of
lime, commonly known as bleaching powder, crushing,
packing or dealing in any way with manganese ore or
manganese dioxide, and salting, drying, and/or storing for
wholesale purposes, of fish
(b) any trade, business or manufacture which is declared by
the District Commissioner by notice published in the
Gazette to be an offensive trade;
(c) any trade, business or manufacture which is carried on in
such a way as to be dangerous or injurious to the health
of persons engaged in it, or in such
a way as to be dangerous or injurious to the health
of persons residing in the neighbourhood; and
(d) any other noxious, offensive, noisome or unhealthy trade,
business or manufacture whatever.

4. No person shall establish or continue in an), part of the
New Territories any offensive trade except under and in
accordance with a licence granted him by the District
Commissioner.
5. Every such licence shall expire on the 31st day of
December and shall be for a period not exceeding one year. The
fee for such licence shall be $120 per annum : Provided that in the
case of any licence issued after the 31st of June in any year, only
half fee shall be payable.





6. (1) Every person who is desirous of establishing or
continuing any offensive trade within the New Territories shall
(a) in the first instance apply in writing to the District
Commissioner for permission to use the site selected for
the purpose of such trade; and
(b) at the same time submit an accurate plan to the
satisfaction of the District Commissioner of the site
intended to be used and of all buildings, structures and
outhouses thereon, and of the drainage thereof.
(2) Upon receipt of such application the District
Commissioner shall take such steps as fie may think fit to
ascertain whether any person living in the neighbourhood of such
intended site has any objection to the use of the intended site for
the purpose of such trade.
(3) The District Commissioner shall specify the time limit
within which objections shall be made to him. On the expiry of
such time limit no further objections shall be entertained.
(4) The District Commissioner may in his absolute discretion,
on being satisfied as to the suitability of the intended site and that
the objections received by him are without substance, issue the
required licence.
(S) No person shall at any time deviate from the plan
submitted under paragraph (b) of sub-rule (i) without the written
consent of the District Commissioner.
7. (1) Licences shall only be issued in respect of premises that
are substantially built, and adequately lighted, ventilated, and
drained to the satisfaction of the District Commissioner. The
ground surfaces of such premises shall be paved with good
cement concrete laid down at least six inches thick and the
surface thereof shall be rendered smooth and impervious with
asphalt, cement, or other material approved by the District
Commissioner. The interior surfaces of all walls, which must be
substantially built of brick or stone, as well as the surfaces of any
brick or stone supports of pans and other utensils, shall be
rendered smooth and impervious to the height of at least seven
feet with asphalt, cement or other material approved by the
District Commissioner.





(2) All such premises shall be provided to the satisfaction of the
District Commissioner with proper and adequate ablution, urinal and
privy accommodation for the use of persons working therein.

8. Every licensee shall cause all materials which have been received
upon the premises where his trade is carried on, and which are not
immediately required for use, to be stored in such manner and in such a
situation as to prevent the emission of noxious or injurious effluvia or
the spread of vermin therefrom.
9. Except with the permission in writing of the District
Commissioner no unsalted flesh-meat shall be brought into the premises
of a pig-roasting establishment or used therein except that which has
been slaughtered in a Government slaughterhouse or in a
slaughterhouse approved in writing by the District Commissioner, or
imported from Canada, Australia, or New Zealand or such other localities
as the District Commissioner shall from time to time approve.
10. Every licensee shall cause the internal surface of every wall
upon the premises where his trade is carried on to be thoroughly
cleansed and limewashed with hot limewash during the months of
January and July each year.

11. Every licensee shall, at the close of every day, cause all fat,
tallow, grease, refuse or filth which has been spilled or splashed or has
fallen or been deposited upon any, floor, pavement or wall of the
premises where his trade is carried on to be collected therefrom by
scraping or some other effectual method of cleansing and, unless it is
intended to be subjected to further trade processes on the premises, to
be removed forthwith from the premises. All apparatus must be kept in a
cleanly condition at all times.

12. Every licensee shall cause every part of the internal surface of
the walls, pavements, and floor of the premises to The kept at all times in
good order and repair so as to prevent the absorption therein of any
filth, refuse or noxious or injurious matter which may fall or be splashed
thereon.
13. No persons other than two caretakers in respect of each block
of buildings shall pass the night in any part of





the premises used in connexion with the trade. Where any part of
the premises is used for sleeping purposes such part shall be
partitioned off from the remainder of the premises to the
satisfaction of the District Commissioner, and no part of the trade
shall be carried on and no storage of raw materials or finished
products shall be permitted therein.
14. The. District Commissioner may by an order in writing
prohibit the occupation for domestic purposes of an), building in
which any offensive trade is carried on.

15. The District Commissioner may in his absolute discretion
exempt a licensee by endorsement on his licence from the
provisions of any of the above rules 8 to 14.
16. Every licensee shall at all times afford free access to the
District Commissioner and his Officers, and any Health Officer
or Health Inspector.
17. No person under the age of fourteen years shall be
permitted upon any, premises licensed for the carrying on of any
offensive trade.
18. The licensee shall cause a duly authenticated copy of
these rules in English and Chinese to be posted up in a prominent
position in his premises.
19. Any person who acts in Contravention of rules 4, 6 (5), 9,
10, 11, 12, 13, 16, 17 and 15 shall upon summary conviction be liable
to a fine of one thousand dollars or to imprisonment for six
months.

CONSERVANCY (N.T.) RULES
(Cap. 97, section 4).
(Ordinance NO. 34 Of 1910).

1. These rules may be cited as the Conservancy (N.T.)
Rules and shall come into force on such day as the Governor in
Council shall notify in the Gazette.
* These rules are not yet in force.
[r. 1 cont.] (Cap. 59.) G.N.A. 223/48. G.N.A. 75/51. Citation.
Applicability of Rules. Interpretation. Licence necessary to carry on offensive trade. Term of licence.
Mode of applying for licence. Method of ascertaining suitability of site for the purpose of offensive trade. Time limit for objections. Issue of licence. Offence to deviate from plan. Requirements to be filfilled before a licence is granted.
Storage of materials. Use of meat. Limewashing. Daily cleaning. Repair of walls. Use for sleeping purposes.

[r. 1 cont.] (Cap. 59.) G.N.A. 223/48. G.N.A. 75/51. Citation.
Applicability of Rules. Interpretation. Licence necessary to carry on offensive trade. Term of licence.
Mode of applying for licence. Method of ascertaining suitability of site for the purpose of offensive trade. Time limit for objections. Issue of licence. Offence to deviate from plan. Requirements to be filfilled before a licence is granted.
Storage of materials. Use of meat. Limewashing. Daily cleaning. Repair of walls. Use for sleeping purposes.

https://oelawhk.lib.hku.hk/items/show/1809

NUISANCES CONTROL (N.T.) REGULATIONS

Date of issue and that as to so much of the said property
attached as shall not consist of money or negoti-
able instruments, you do keep the same in your
custody until further order in this action or until
Date of return the sale thereof in satisfaction of the said judg-
ment; AND YOU ARE FURTHER COMMANDED that in
case you shall not be able to find sufficient property
of the said defendant or the said defendant shall
Amount $ fail to point out to you any property whereon to
levy, you do forthwith arrest the said defendant
and deliver him into the custody of the Commis-
sioner of Prisons to be imprisoned in a prison as
a prisoner for debt for the period of
unless he shall be sooner discharged in due course
of law.
Given under my hand and seal this
day of ,19
Magistrate.

[rule 2.] FORM I.
IN THE SMALL DEBTS COURT AT
In Case No. Of 19
Judgment for money.
It is this day adjudged that recover against
the sum of $ for debt and
$ for expenses and $ for costs with
interest thereon at the rate of per cent from this date until
payment.
Dated this day of 19
Magistrate.

NUISANCES CONTROL (N.T.) REGULATIONS.
(Cap. 97, section 4).
(Ordinance NO. 34 Of 1910).

[23rd September, 1938.]

1. The following shall be deemed to be nuisances-
(a) any premises in such a state as to be a nuisance or
dangerous to the health of any person
(b) any pool, ditch, gutter, watercourse, privy, urinal, cesspool,
drain or ashpit so foul or in such a state as to be a nuisance
or dangerous to the health of any person;
(c) any cistern for domestic water supply or place so
constructed or kept as to render the water liable





to contamination at the risk of the health of any person;
(d) any animal or bird so kept as to be a nuisance or dangerous to
the health of any person;
(e) any accumulation or deposit which is a nuisance or
dangerous to the health of any, person, except where
necessary for a business or manufacture and where a
magistrate is satisfied that it has not been kept longer than
necessary and that the best available means have been taken
to prevent injury to the public health ;
any house or part of a house so overcrowded as to be
dangerous to the health of the inmates;
(g any work place, not being a factory or workshop within the
meaning of the Factories and Workshops Ordinance, which is
not kept in a cleanly state, properly ventilated, and free from
overcrowding.
For the purposes of this rule, 'premises' extends to and includes
vessels and boats.

2. On the application by summons of a Health Officer or Sanitary
Inspector, any magistrate may, if lie is satisfied that a nuisance exists or
has existed on any premises, require the owner or occupier of the
premises and the author of the nuisance to abate the nuisance within
such time as the magistrate considers reasonable; and whether the
nuisance has been abated or not before the making of the order, to
prevent the recurrence of the nuisance ; and without prejudice to the
generality of #he foregoing, to do or refrain from doing such things as
the magistrate deems necessary for the abatement and prevention of the
nuisance.

3. These regulations may be cited as the Nuisances Control (N.T.)
Regulations.

OFFENSIVE TRADES (N.T.) RULES.
(Cap. 97, section 4).
(Ordinance No. 34 Of 1910).
[10th September, 1948.]
1 . These rules may be cited as the Offensive Trades (N.T.) Rules.
G.N. 728/38.
[r. 1 cont.] (Cap. 59.) G.N.A. 223/48. G.N.A. 75/51. Citation.

G.N. 728/38.
[r. 1 cont.] (Cap. 59.) G.N.A. 223/48. G.N.A. 75/51. Citation.

https://oelawhk.lib.hku.hk/items/show/1808

SMALL DEBTS COURT (N.T.) RULES

NOTICE is hereby given that the property specified below
has been attached under a warrant of attachment issued by
the Assistant Land Officer at on the day of
, 19 , and the said and
all other persons are hereby prohibited from removing or dealing
with the said property, and all persons are prohibited from receiving
the same by purchase, gift or otherwise.
The day of 19
Attaching Officer.

DESCRIPTION OF PROPERTY.

S. D. Lot No. PROPERTY ATTACHED.





[Regulation 15 to be printed here.]

SMALL DEBTS COURT (N.T.) RULES.

(Cap. 97, section 63).
(Ordinance No. 34 of 1910).

[6th August, 1909.]

1. The procedure to be followed in every Small Debts Court shall be
as far as possible identical with the procedure from time to time followed
in the Supreme Court in its summary jurisdiction.

2. The forms contained in the Schedule to these rules shall be used
in every Small Debts Court in lieu of the forms used in the Supreme
Court in its summary jurisdiction, and for the purpose of applying the
procedure of the Supreme Court in its summary jurisdiction to the
distress warrant (Form H in the Schedule to these rules) such distress
warrant shall be deemed to be a writ of execution.

3. Whenever a party to any proceedings or a witness has been
duly summoned to attend before any magistrate





holding a Small Debts Court and has failed without lawful excuse to
appear at the time and place specified in the summons, it shall be lawful
for such magistrate to issue his warrant (in Form G in the Schedule to
these rules) to any constable to arrest the person summoned and to
bring him before such magistrate.

4. The following fees shall be paid by the plaintiff in respect of the
matters specified hereunder and the amount of such fees shall be
recoverable as a part of any judgment that may be given in the cause-
Fee for issue of summons to defendant (which
fee, except for a summons by a landlord
against a tenant for recovery of rent, may
be dispensed with at the magistrate's
discretion) ........... $1
Fee for issue of distress warrant $1

5. These rules may be cited as the Small Debts Court (N.T.) Rules.

SCHEDULE OF FORMS.

[rule 2.] FORM A.
IN THE SMALL DEBTS COURT AT
Case No.
Plaintiff
of
Defendant
of
Claim
Application filed on
Signed
In my presence
FINDING. Magistrate.
Plaintiff
For Defendant in the sum $

Costs $
Expenses $
Total $
Writ of Execution Audit No.
Received the sum of $
Witness.
Plaintiff, or Defendant.





[rule 2.] FORM B.
IN THE SMALL DEBTS COURT AT
Summons to defendant.
Case No.
V.
To of
You are hereby summoned to appear before me at
on day, the day of ,
19 , at o'clock in the noon
to answer the plaintiff's claim, the particulars of which are hereto
annexed: and take notice that if you fail to appear judgment may
be given in your absence. Claim
Dated this day of 19

Magistrate.

[rule 2.1 FORM C.
IN THE SMALL DEBTS COURT AT
Summons to witness.
Case No.
V.
To of
You are hereby required toattend before me at
on day, the day of
19 at o'clock in the noon, to give
evidence in the above cause on behalf of
Dated this day of 19

Magistrate.

[rule 2.] FORM D.
INTHE SMALL DEBTS COURT AT
Summons to witness.
In the matter of Case No. of 19
And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
To
You are hereby summoned to attend before me at
on day, the day of
19, at o'clock in the noon, to give
evidence in the above cause and also to bring with you and produce
at the time and place aforesaid all books papers and documents
in your possession relative to the above-mentioned action and
particularly and herein fail not at your peril.
Given under my hand and seal this day
of 19
Magistrate.





[rule 2.] FORM E.
IN THE SMALL DEBTS COURT AT
Writ of interim attachment.
In the matter of Case No. of 19
And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
Between plaintiff
and
Defendant.
To
These are to command you forthwith to call upon the
defendant to furnish security in the sum of
$ or in other property of such value as may be
sufficient to answer any judgment that may he given against
him in this action or forthwith to appear before me at
and show cause why he should not furnish such security; and
you are further commanded, in default of such security being
given, to attach all the movable and immovable property of the
said defendant within the Colony until further order in this matter.
Given under my hand and seal this day
of 19
Magistrate.

if rule 2.1 FORM F.
IN THE SMALL DEBTS COURT AT
In the matter of Case No. of And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
Prohibitory order.
is hereby prohibited and restrained, until
further order in this action, from alienating or in any way
whatsoever dealing with the following property in which he holds
registered interest, viz. and all persons are hereby prohibited and
restrained, until further order in this action, from acquiring, receiving
or dealing with the said property in any way whatsoever.

Dated the day of 19
Magistrate.





[rules 2, 3.] FORM G.
IN THE SMALL DEBTS COURT AT
Warrant for arrest.
In the matter of Case No. of 19
And in the matter of the New Territories Ordinance
(Chapter 97 of the Revised Edition).
V.
To each and all of the police officers of the Colony
of Hong Kong.
WHEREAS
was summoned to be and appear before me this day
of at at
o'clock to give evidence in 1
defend
the above case and whereas he has neglected to do so:
THESE APE THEREFORE TO COMMAND YOU to bring and have the
said before me forthwith
to testify what he shall know concerning the said case.
to make his defence to 1
Given under my hand and seal this day
of 19
Magistrate.

[rule .2.] FORM H.
(Counterfoil.) IN THE SMALL DEBTS COURT AT
Distress warrant.
In the matter of Case No. of 19
Audit No. And in the matter of the New Territories
Ordinance
(Chapter 97 of the Revised Edition).
Between Plaintiff
Case No. of of
and
Defendant.
Judgment To of
debtor WHEREAS the defendant has failed to
satisfy a judgment for money given against him
in this action on the day of
19 , in favour of the plaintiff
of for the sum of $ together with interest
at the rate of $ per cent per annum
from the date of the said judgment; AND WHEREAS
Judgment debt the said plaintiff is desirous of enforcing the said
$ judgment by the distraint of the said defendant's
property; NOW, THEREFORE, THESE ARE TO
COMMAND
You that you do forthwith distrain all the property
movable and immovable of the said defendant
Writ fee $ within the Colony or such part thereof as may be
sufficient to satisfy the said judgment and the
expenses of the execution thereof by actual seizure
or by the service of prohibitory orders according
Costs $ to the nature of the said property; YOU ARE FUR-
THER COMMANDED that as to so much of the said
Total $ property attached as shall consist of money or
negotiable instruments, you do deposit the same
in the Small Debts Court at





Date of issue and that as to so much of the said property
attached as shall not consist of money or negoti-
able instruments, you do keep the same in your
custody until further order in this action or until
Date of return the sale thereof in satisfaction of the said judg-
ment; AND YOU ARE FURTHER COMMANDED that in
case you shall not be able to find sufficient property
of the said defendant or the said defendant shall
Amount $ fail to point out to you any property whereon to
levy, you do forthwith arrest the said defendant
and deliver him into the custody of the Commis-
sioner of Prisons to be imprisoned in a prison as
a prisoner for debt for the period of
unless he shall be sooner discharged in due course
of law.
Given under my hand and seal this
day of ,19
Magistrate.

[rule 2.] FORM I.
IN THE SMALL DEBTS COURT AT
In Case No. Of 19
Judgment for money.
It is this day adjudged that recover against
the sum of $ for debt and
$ for expenses and $ for costs with
interest thereon at the rate of per cent from this date until
payment.
Dated this day of 19
Magistrate.

NUISANCES CONTROL (N.T.) REGULATIONS.
(Cap. 97, section 4).
(Ordinance NO. 34 Of 1910).

[23rd September, 1938.]

1. The following shall be deemed to be nuisances-
(a) any premises in such a state as to be a nuisance or
dangerous to the health of any person
(b) any pool, ditch, gutter, watercourse, privy, urinal, cesspool,
drain or ashpit so foul or in such a state as to be a nuisance
or dangerous to the health of any person;
(c) any cistern for domestic water supply or place so
constructed or kept as to render the water liable
Regulations Fraser, vol. 2, p.654.
G.N. 728/38.

Regulations Fraser, vol. 2, p.654.
G.N. 728/38.

https://oelawhk.lib.hku.hk/items/show/1807

CROWN RENT (N.T.) REGULATIONS

Provided that when any document, to which any of items (a) to if
of the foregoing scale is applicable, is tendered for registration in any
District Land Office and such docurment relates as well to property
situate outside the New Territories, then and in any such case, and for
the purpose of ascertaining the amount of the registration fee, regard
shall be had only to the value of the property within tile. New
Territories, as determined by the District Officer, and the amount of the
fee payable shall accordingIy be deterMined by him.
2. The above fees shall be paid by means of stamps which shall be
duly cancelled by the Land Officer who shall render to the Accountant
General all accurate account of all such fees.
3. The Land Officer shall have power in cases where he is of
opinion that the consideration money passing oil a sale as stated in Hie
conveyance does not represent the proper value of the land at the date
of such sale to assess the amount of such consideration for the put-
poses of fixing the fee payable but not otherwise.
4. These rules rnay be cited as the Land Office (N.T.) Fees Rules.

CROWN RENT (N.T.) REGULATIONS.
(Cap. 97, section 46).
(Ordinance NO. 34 of 1910).

[ 1st Dec., 1905.]

1. Where default has been made by any person in payment of
Crown rent or other money due in respect of any land held from the
Crown under Crown lease, grant, agreement or licence, it shall be lawful
for the Collector of Crown rent to issue a warrant of attachment under
his hand and seal in the form in the Second Schedule to these
regulations, and the said Collector or any person authorized by him may
by virtue of such warrant seize any personal property of the registered
owner of the land, whether on the land or





premises in respect of which the arrears of rent or other money is due or
riot, and he may also seize any live stock, goods, chattels, effects and
crops, to whomsoever belonging which may be found on the land in
respect of which the arrears are due, and may after the expiration of the
prescribed period sell the same by public auction in the manner
hereinafter prescribed : Provided that the Collector shall riot issue
any suchas aforesaid until a summons in the form
in the First Schedule to these regulations has been issued
by him calling upon the registered owner to appear before
the Land Officer and show cause why such warrant should
riot issue, and such registered owner either falls to appear,
or having appeared fails to show sufficient cause as aforesaid.
The said summons may be served either by delivering it to
the registered owner personally or by leaving it at his usual
or last-known place of abode or business or on the land
in respect of which the arrears of rent are due, or by posting
it in some convenient place near to the land itself and at tile nearest
temple, police station or other conspicuous building in the vicinity.

2. The attachment of any movable property shall be made b actual
seizure, and an inventory shall forthwith be taken of such property by
the person making such attachment (hereinafter called the attaching
officer), who if required shall deliver a copy of such inventors, to the person
owning or claiming to own the property attached. The property attached shall be
kept in the custody of the attaching officer or some person authorized
by him, with power to impound or otherwise secure the same on the
land or premises whereon the same was seized or to remove the same as
lie may think fit.

3.The attaching officer shall not without the written
permission of the Collector of Crown rent enter any dwelling-
house after sunset or before sunrise nor break open the outer
door of an dwelling-house, but where lie has duly gained
access to any dwelling-house he ma break open any, inner door of any
room in which lie has reason to believe there is any property liable to
attachment.

4. The attachment of crops shall be effected by notice in the form
in the Third Schedule to these regulations pro-





hibiting the person in possession of or claiming the same from removing
or dealing with the same. Such notice shall be posted on the land on
which the crops are growing and a copy thereof shall be posted at a
temple, police station or other conspicuous building in the vicinity.

5. At the expiration of three days from the date of seizure,
including the day of such seizure, the property attached may be sold by
public auction by the person appointed by the Collector of Crown rent
in such lots and in such manner as may be deemed expedient : Provided
that where the property seized is of a perishable nature, or when the
cost of keeping it in custody appears likely to exceed its value, it may be
sold immediately after seizure.

6. If any person claiming any interest in any property likely to be
sold under the provisions of these regulations at any time previous to
such sale tenders to the attaching office r the full amount of the arrears,
together with all fees and costs incurred, the said officer shall thereupon
release the property seized.

7. No officer having any duty to perform in connexion with any
sale under these regulations shall either directly or indirectly bid for,
acquire or attempt to acquire any property sold at such sale. Any sale
under these regulations may lie adjourned from time to time if the said
officer sees good reason for such adjournment.

8. On the sale of any property under these regulations, the price of
each lot shall be paid at the time of sale or as soon thereafter as the
officer conducting the sale may direct and in default of payment the
property shall be put up again and resold. On payment of the purchase
money, the officer conducting the sale shall give a receipt for the same.

9. rhe costs of any proceedings under these regulations for
recovery of arrears may be recovered in the same way as if they formed
part of such arrears.





10. If any person whose personal property or crops have been
attached or sold under the provisions of these regulations disputes the
propriety of the att achment or sale., he may, on depositing the full
amount of arrears claimed together with all the costs incurred, apply to
the Collector of Crown rent for ail order to stay proceedings and the
Collector after hearing the parties shall make such order as he may think
just.

11. Any person in possession or occupation of an), land or
premises in respect of which Crown rent is in arrear who removes or
carries away, or attempts to remove or carry away, or causes or permits
to be removed or carried away, or knowingly or wilfully aids or assists
any person to remove or carry away, from the land or premises any
movable property liable to seizure under these regulations, so as to
hinder or prevent the attachment or seizure thereof, and every person
who knowingly or wilfully destroys, damages or removes, or permits or
assists to be destroyed, damaged or removed. any growing crops in
order to hinder or prevent [lie attachment or seizure thereof, shall be
deemed to have committed a breach of these regulations and shall be
liable to a penalty of twenty-five dollars to be recovered by summary
proceedings before a magistrate.

12. It shall be lawful for any police officer to stop and detain until
due inquiry can be made all persons engaged between 8 p.m. and 6 a.m,
in removing any goods or crops liable to be attached under these
regulations.

13. No attachment shall be invalidated by reason of any defect
therein in substance or in form, nor by reason of the fact that the person
named as registered owner in the notice or warrant is dead or absent
from the Colony or cannot be found or is non-existent.

14. Any order, judgment, writ or other process made or issued by
the Land Officer under the authority of sec-
ion 13 of the Ordinance, may be executed by any bailiff of the Supreme
Court, or by any other fit person named for the purpose by the Land
Officer.





15. Every person who hinders or interferes with any officer lawfully
acting under these regulations, or removes or damages any notice
posted under these regulations or any movable property or crops
attached under these regulations, or molests any purchaser of any
property sold under these regulations, or incites any other person to
any such act, shall be deemed to have committed a breach of these
regulations and shall be liable to a penalty of twenty-five dollars to be
recovered by summary proceedings before a magistrate.
16. The following fee may be demanded tinder these
regulations-
warrant of attachment $1.00
A charge, calculated at a rate not exceeding forty cents a day for
each man, may be made when it is necessary to place a person or
persons in charge of property attached.
17. These rules may be cited as the Crown Rent (N.T.) Regulations.

[reg. 1] FIRST SCHEDULE.

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition)

CROWN RENT (N. T.) REGULATIONS.

Summons.
TAKE NOTICE that you of
having made default in the payment of Crown rent to the
amount of are hereby summoned to appear before the
Assistant Land Officer at on the
day of 19 at o'clock in the noon
to show cause why a warrant should not issue for the recovery
of the said amount by attachment and sale, and that if you fail to
appear or fail to show cause as aforesaid, a warrant of
attachment will be issued forthwith.
Given at the District Land Office at
this day of 19
Collector of Crown Rent.





[reg. 1.1 SECOND SCHEDULE,

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition)

CROWN RENT (N. T.) REGULATIONS.

Warrant of attachment.
To.
Attaching Officer.
WHERFAS default has been made by of in
payment of the. sum of $ being arrears of Crown rent
recoverable under the Crown Rent (N.T.) Regulations as noted
below:
THESE ARE TO COMMAND YOU to attach the personal property
Ofthe registered owner of the
lot described in the certified extract issued to
onwherever the same may be found, and also the
live stock, goods, chattels, effects and crops, to whomsoever
belonging, which may be found on the said lot
and unless the said sum of $ together with $1.06
attachment fee and any other costs and expenses lawfully incurred
by you in executing this warrant, are paid, to sell or otherwise
deal with the property attached in manner provided by the said
regulations.

YOU ARE FURTHER COMMANDED to return this warrant
immediately after the execution thereof with an indorsement certifying the date
and manner in which it has been executed, or the reason why it has not been
executed,
Dated this day of 19
[L.S.]
Collector of Grown Rent.
[Regulations 15 and 16 to be printed here.]


[reg. 4.1 THIRD SCHEDULE.

NEW TERRITORIES ORDINANCE.
(Chapter 97 of the Revised Edition)

CROWN PENT (N T.) REGULATLONS.

Notice attaching crops.
WHEREAS of has failed to satisfy an
arrear of Crown rent amounting to $





NOTICE is hereby given that the property specified below
has been attached under a warrant of attachment issued by
the Assistant Land Officer at on the day of
, 19 , and the said and
all other persons are hereby prohibited from removing or dealing
with the said property, and all persons are prohibited from receiving
the same by purchase, gift or otherwise.
The day of 19
Attaching Officer.

DESCRIPTION OF PROPERTY.

S. D. Lot No. PROPERTY ATTACHED.





[Regulation 15 to be printed here.]

SMALL DEBTS COURT (N.T.) RULES.

(Cap. 97, section 63).
(Ordinance No. 34 of 1910).

[6th August, 1909.]

1. The procedure to be followed in every Small Debts Court shall be
as far as possible identical with the procedure from time to time followed
in the Supreme Court in its summary jurisdiction.

2. The forms contained in the Schedule to these rules shall be used
in every Small Debts Court in lieu of the forms used in the Supreme
Court in its summary jurisdiction, and for the purpose of applying the
procedure of the Supreme Court in its summary jurisdiction to the
distress warrant (Form H in the Schedule to these rules) such distress
warrant shall be deemed to be a writ of execution.

3. Whenever a party to any proceedings or a witness has been
duly summoned to attend before any magistrate
[r. 1 cont.] Regulations Fraser, vol. 2, pp. 647-653. Warrant of attachment for arrears of Crown rent after summons to registered owner.
Mode of attachment of movable property. Attaching officer not to break outer door. Attachment of crops.
[r. 4 cont.] sale. Release of property attached on payment. Officers not to bid. Payment by purchasers. Recovery of costs.
Application to Collector of Crown rent to stay proceedings. Penalty on attempts to evade attachment. Police to prevent removal of goods at night. Defects in form, etc., not to involidate attachment. Execution of judgment, etc.
Obstruction of officers, etc. Fees. Citation.
Regulations Fraser, vol. 2, p.654.

[r. 1 cont.] Regulations Fraser, vol. 2, pp. 647-653. Warrant of attachment for arrears of Crown rent after summons to registered owner.
Mode of attachment of movable property. Attaching officer not to break outer door. Attachment of crops.
[r. 4 cont.] sale. Release of property attached on payment. Officers not to bid. Payment by purchasers. Recovery of costs.
Application to Collector of Crown rent to stay proceedings. Penalty on attempts to evade attachment. Police to prevent removal of goods at night. Defects in form, etc., not to involidate attachment. Execution of judgment, etc.
Obstruction of officers, etc. Fees. Citation.
Regulations Fraser, vol. 2, p.654.

https://oelawhk.lib.hku.hk/items/show/1806

LAND OFFICE (N.T.) FEES RULES

LAND OFFICE (N.T.) FEES RULES.
(Cap. 97, section 46).
(Ordinance No. 34 of 1910).
[3rd Feb., 1911.]
1. The following fees shall be payable for the registration of deeds
and other instruments in writing relating to
land in the New Territories-
(a) For the registration of a conveyance
on sale, to be charged on the
amount or value of the considera- 10 cents for every
tion money, such consideration $10 or part
money to include any sum payable thereof up to
$50; if above
by the purchaser in respect of any $50, 50 cents
mortgage or other debt remaining for every $ion
upon the property purchased or or part thereof.
released by such purchaser to the
vendor-

(b) For the registration of a lease or 50 cents for every
agreement for a lease, to be $100 or part
charged on the amount of annual thereof.
rent reserved-
(c) For the registration of a lease the same fee as
executed in pursuance of a duly on the agree-
stamped agreement for the same- ment but not
exceeding $1
(d) For the registration of a surrender the same fee as
of a lease or cancellation of an is payable on
agreement for a lease- the lease or
agreement itself
under item (b).
(e) For the registration of a mortgage
or agreement Jor a mortgage or
debenture whether the primary or
collateral security and for every 20 cents for every
deed or document extending the $100 or part
time of any mortgage and for thereof.
every transfer of any mortgage,
to be calculated upon the principal
amount secured-





For the registration of a reassignment or
redemption of any
mortgage or agreement for a 10 cents for every
mortgage, or debenture, to be $500 or part
calculated upon the principal thereof.
amount secured by or under any
such mortgage or agreement for
a mortgage, or debenture-

(g) For the registration of a conveyance $5 for the first lot,
when no money consideration or and 20 cent for
merely nominal consideration each additional
passes : Provided that when such lot -no maxi-
conveyance is made for the pur- mum limit
pose of effecting a partition of
lands held by two or more persons
conjointly the Land Officer shall.
have power to remit the fee pay-
able or such portion thereof as
he may think fit-

(h) For the registration of a power of $5 for the first lot,
attorney- and 20 Cents for
each additional
lot -no maxi-
mum limit.
(i) For the registration of any order or
document issued under the seal of
the Supreme Court of Hong $ 1 for the first lot,
Kong, probate, letters of adminis- and So cents for
tration in respect of any land upon every additional
whichstamp or probate duty or lot or part
estateduty, in connexion with thereof, with
such order or document, has been the maximum
paid,certificate of satisfaction, fee of $ 10.
and all otherdocuments not
herein provided for-
(j) For every uncertified copy of any
instrument of record, per folio of 25 cents.
72 words
(h) For every certified copy of any
instrument of record not exceed $ 1.
ing 3 folios of 72 words each-
For each additional folio- 50 cents





Provided that when any document, to which any of items (a) to if
of the foregoing scale is applicable, is tendered for registration in any
District Land Office and such docurment relates as well to property
situate outside the New Territories, then and in any such case, and for
the purpose of ascertaining the amount of the registration fee, regard
shall be had only to the value of the property within tile. New
Territories, as determined by the District Officer, and the amount of the
fee payable shall accordingIy be deterMined by him.
2. The above fees shall be paid by means of stamps which shall be
duly cancelled by the Land Officer who shall render to the Accountant
General all accurate account of all such fees.
3. The Land Officer shall have power in cases where he is of
opinion that the consideration money passing oil a sale as stated in Hie
conveyance does not represent the proper value of the land at the date
of such sale to assess the amount of such consideration for the put-
poses of fixing the fee payable but not otherwise.
4. These rules rnay be cited as the Land Office (N.T.) Fees Rules.

CROWN RENT (N.T.) REGULATIONS.
(Cap. 97, section 46).
(Ordinance NO. 34 of 1910).

[ 1st Dec., 1905.]

1. Where default has been made by any person in payment of
Crown rent or other money due in respect of any land held from the
Crown under Crown lease, grant, agreement or licence, it shall be lawful
for the Collector of Crown rent to issue a warrant of attachment under
his hand and seal in the form in the Second Schedule to these
regulations, and the said Collector or any person authorized by him may
by virtue of such warrant seize any personal property of the registered
owner of the land, whether on the land or
Regulations Fraser, vol. 2, p.644. G.N.A. 12/49. G.N.A. 12/49.
G.N.A. 12/49. G.N.A. 12/49. G.N.A. 12/49.
[r. 1 cont.] Regulations Fraser, vol. 2, pp. 647-653. Warrant of attachment for arrears of Crown rent after summons to registered owner.

Regulations Fraser, vol. 2, p.644. G.N.A. 12/49. G.N.A. 12/49.
G.N.A. 12/49. G.N.A. 12/49. G.N.A. 12/49.
[r. 1 cont.] Regulations Fraser, vol. 2, pp. 647-653. Warrant of attachment for arrears of Crown rent after summons to registered owner.

https://oelawhk.lib.hku.hk/items/show/1805

AUTHORIZED CEMETERIES AND PROHIBITED BURIALS (N.T.) RULES

6. Failure to comply with any requirement of the
Director ofand Health Services mentioned in rule 4
or 5 shall be a breach of these rules.

7. Every employer, his agents and servants,, shall allow any health
officer at any time to enter and inspect any lines or land and every part
thereof in the control of the employer.

8. Any notice authorized to be given under these rules may be
served by leaving it with some adult person at the lines in connexion
with which the notice is given, or at the employer's residence or
business address.

9. Any person who acts in contravention Of rules 2, 3, 6 and 7 shall
upon summary conviction be liable to a fine of one thousand dollars or
to imprisonment for six months.
10. These rules may be cited as the Labourers' Lines (N.T.) Rules.

AUTHORIZED CEMETERIES AND PROHIBITED
BURIALS (N.T.) RULES.

(Cap. 97, section 4).
(Ordinance No. 34 Of 1910).
[26th October, 1923.]

1. The Governor in Council has set apart to be used as cemeteries
or urn cemeteries the following places
Cheung Chau Cemetery
Cheung Chau Chinese Christian Cemetery

Extension to the Cheung Chau Chinese Christian Cemetery
New Territories Castle Peak Christian Cemetery

Sai Kung Catholic Cemetery
Sung Him Tong Sung Chan Wui Kei Tuk Kau Fan Cheung





Tai O Cemetery
Tao Fong Shan Christian Cemetery

Tsun Wan Chinese Cemetery
Tsun Wan Christian Chinese Cemetery
Ting Kaw Cemetery for Buddhists
Wo Hop Slick Cemetery Sandy
Ridge (Urn) Cemetery.
Sandy Ridge Cemetery

2. (1) No person shall bury or deposit any human remains in
or upon
(a) any part of the island of Cheung Chau outside the
Cheung Chau Cemetery;
(b) any part of the catchment areas for Government
Waterworks in the New Territories (other than New
Kowloon) as shown on the map dated 12th January,
1950, marked 'Hong Kong Waterworks-New
Territories Catchment Areas. Existing shown coloured
red. Proposed shown edged blue. Dated 12th January,
195o,' deposited and which may be seen in the office of
the Public Works Department or of the District
Commissioner, New Territories, and thereon partly
coloured red and partly edged blue;
(c) any part of Tai O outside the Tai O Cemetery or within
an area shown on the plan deposited and which may be
seen in the office of the District Commissioner, New
Territories.
(2) Any person who acts in contravention of this rule shall
upon summary conviction be liable to a fine of one thousand
dollars or to imprisonment for six months.

3. These rules may be cited as the Authorized Cemeteries
and Prohibited Burials (N.T.) Rules.
G.N.A. 75/51. Regulations Fraser, vol. 2, pp. 642, 643. G.N. 571/41. G.N. 407/47. G.N.A. 151/49. G.N.A. 41/50. G.N.A. 76/50. G.N.A. 75/51.
G.N. 571/41. G.N.A. 41/50. G.N.A. 76/50. G.N.A. 76/50. G.N.A. 75/51. G.N.A. 75/51.

G.N.A. 75/51. Regulations Fraser, vol. 2, pp. 642, 643. G.N. 571/41. G.N. 407/47. G.N.A. 151/49. G.N.A. 41/50. G.N.A. 76/50. G.N.A. 75/51.
G.N. 571/41. G.N.A. 41/50. G.N.A. 76/50. G.N.A. 76/50. G.N.A. 75/51. G.N.A. 75/51.

https://oelawhk.lib.hku.hk/items/show/1804

LABOURERS' LINES (N.T.) RULES

LABOURERS' LINES (N.T.) RULES.
(Cap. 97, section 4).
(Ordinance No. 34 of 1910).

[15th October, 1937.]

1. In these rules-
'employer' includes every person who and every firm which
enters into a contract of personal service, written or verbal,
for any period of time with any labourer, and the agent of
such person or firm;
'health officer' means a health officer under the Public Health
(Sanitation) Ordinance, 1935 ;
labourer includes every person employed for the purpose of
personally performing any manual labour, except a domestic
servant, gardener or agricultural labourer ;
'lines' means any building or shed used or intended to be used
temporarily or permanently for the housing of labourers.

2. All lines shall be situated, erected and maintained
to the satisfaction of the Director of Medical and Health
Services and constructed of such materials as he may approve.
In this rule, 'erected and maintained' includes the provision
of such mosquito-proofing as the Director of Medical and Health
Services may in any case prescribe.

3. In all lines each labourer shall be allotted riot less than 35
square feer of habitable floor space and 350 cubic feet of
unobstructed air space not less than ten feet in height, and no
labourer shall be housed or permitted to sleep in any lines in
contravention of this rule.

4. (1) On the report of a health officer the Director of
Medical and Health Services may by notice in writing require any
employer to cleanse, disinfect, whitewash, demolish, remove,
alter, repair, enlarge or replace any lines in his control.
(2) Without prejudice to the generality of the foregoing, such
notice may prescribe-





(a) the time within which the requirement shall be fulfilled;
(b) the site to which the lines shall be removed;
(c) the nature of the alterations or repairs to be made or the
manner in which and the extent to which the lines shall
be enlarged or replaced;
(d) that no labourer, or not more than the number of
labourers stated in the notice, shall be permitted to
occupy the lines pending such demolition, removal,
alteration, repair, enlargement or replacement.

5. (1) The employer in control of any lines shall keep the lines
and a space of not less than 200 feet round the lines in such a
state as not to favour the breeding or harbouring of mosquitoes
and in particular shall therein
(a) keep the lines and space clear of empty tins and other
receptacles capable of retaining water and prevent the
accumulation of such receptacles except in a place
suitable for their disposal and in such manner that they
do not retain water;
(b) prevent the formation of pools containing water and any
excavation calculated to retain water;
(c) keep every cistern, water-butt or other receptacle used
for storing water clean and covered or protected in such
manner as to prevent the breeding of mosquitoes.
(2) On the report of a health officer the Director of Medical
and Health Services may by notice in writing require any
employer to take such action as may be specified in the notice,
within a stated time, to prevent the breeding or harbouring of
mosquitoes in or near any pond, tank, well, spring, seepage, drain,
stream, water-logged ground or swamp or other
collection of water on any land in the employer's control on which
any lines are erected, or on any unleased Crown land within 1,000
yards of any lines in his control.
(3) An appeal to the Governor in Council from any
requirement of the Director of Medical and Health Services
under this regulation shall lie within fourteen days of the date of
the notice.





6. Failure to comply with any requirement of the
Director ofand Health Services mentioned in rule 4
or 5 shall be a breach of these rules.

7. Every employer, his agents and servants,, shall allow any health
officer at any time to enter and inspect any lines or land and every part
thereof in the control of the employer.

8. Any notice authorized to be given under these rules may be
served by leaving it with some adult person at the lines in connexion
with which the notice is given, or at the employer's residence or
business address.

9. Any person who acts in contravention Of rules 2, 3, 6 and 7 shall
upon summary conviction be liable to a fine of one thousand dollars or
to imprisonment for six months.
10. These rules may be cited as the Labourers' Lines (N.T.) Rules.

AUTHORIZED CEMETERIES AND PROHIBITED
BURIALS (N.T.) RULES.

(Cap. 97, section 4).
(Ordinance No. 34 Of 1910).
[26th October, 1923.]

1. The Governor in Council has set apart to be used as cemeteries
or urn cemeteries the following places
Cheung Chau Cemetery
Cheung Chau Chinese Christian Cemetery

Extension to the Cheung Chau Chinese Christian Cemetery
New Territories Castle Peak Christian Cemetery

Sai Kung Catholic Cemetery
Sung Him Tong Sung Chan Wui Kei Tuk Kau Fan Cheung
Regulations Fraser, vol. 2, p.640. G.N.A. 75/51. (15 of 1935.)
G.N.A. 75/51. Regulations Fraser, vol. 2, pp. 642, 643. G.N. 571/41. G.N. 407/47. G.N.A. 151/49. G.N.A. 41/50. G.N.A. 76/50. G.N.A. 75/51.

Regulations Fraser, vol. 2, p.640. G.N.A. 75/51. (15 of 1935.)
G.N.A. 75/51. Regulations Fraser, vol. 2, pp. 642, 643. G.N. 571/41. G.N. 407/47. G.N.A. 151/49. G.N.A. 41/50. G.N.A. 76/50. G.N.A. 75/51.

https://oelawhk.lib.hku.hk/items/show/1803

DUPLICATE PERMITS AND LICENCES (N.T.) RULES

NEW TERRITORIES.
Subsidiary legislation under this Chapter, with subsequent
amendment (if any) incorporated, is set out as follows-
Page
Duplicate Permits and Licences (N.T.) Rules 63
Labourers' Lines (N.T.) Rules ... ... ... 64
Authorized Cemeteries and Prohibited Burials
(N.T.) Rules .............. ... ... ... ... ... 66
Land Office (N.T.) Fees Rules ... ... ... ... 68
Crown Rent (N.T.) Regulations ... ... ... 70
Small Debts Court (N.T.) Rules ... ... ... 76
Nuisances Control (N.T.) Regulations ... ... 81
Offensive Trades (N.T.) Rules ... ... ... ... 82
Conservancy (N.T.) Rules . ... ... 86
New Territories Rules 89
Markets and Market Areas (N.T.) Rules ... 132

(For forms prescribed under the New, Territories Ordinance
relating to land see the Schedule to that Ordinance).

DUPLICATE PERMITS AND LICENCES (N.T.) RULES.
(Cap. 97, section 4).
(Ordinance No. 34 Of 1910).

[25th February, 1931.]

1. When any permit or licence whatsoever issued by any District
Officer in the performance of his duty or office has been lost and it is
desired to replace it by the issue of a duplicate, it shall be lawful for any
District Officer in the performance of his duty or office, upon a
satisfactory explanation as to the loss and upon payment of a fee of $5,
in each case, to issue a duplicate of the permit or licence so lost to any
person deemed by him to be entitled thereto.
2. These rules may be cited as the Duplicate Permits and Licences
(N.T.) Rules.
Regulations Fraser, vol. 2, p.629. G.N.A. 188/49. G.N.A. 188/49.

Regulations Fraser, vol. 2, p.629. G.N.A. 188/49. G.N.A. 188/49.

https://oelawhk.lib.hku.hk/items/show/1802

NEW TERRITORIES ORDINANCE

CHAPTER 97.

THE NEW TERRITORIES ORDINANCE.

ARRANGEMENT OF SECTIONS.

PART I-REGULATION OF THE NEW TERRITORIES.

Section Page

1. Short title ........................ ... ... ... ...65
2. Interpretation . . . ... ... ... ... ... ... ... ...65

3. Appointment of Commissioner, etc . 66

4. Power to make rules ..................... ... ... ... ...66
5. Publication of rules .................... ... ... ... ... ... 67

6. Penalties for breach of rules ........... ... ... ... ... ... 38

PART II-LAND.
7. Application of Part to land in New Territories ... ... ... 68

8. Vesting of land ........................... ... ... ... ... 68

9. Land Officer to carry out provisions of Part ... ... ... 69

10. Interpretation of 'Land Office' etc . ... ... ... ... ... 69

11. Preparation receipt and registration of memorials ... 69
12. Land Officer to decide land questions summarily ... 70

13. Powers of Land Officer for such purpose ... ... ... ... 71

14. Exclusion of legal practitioners ......... ... ... ... ... 71

15. Appeal from Land Officer to Supreme Court ... ... ... 71

.16. Exclusion of certain proceedings from jurisdiction of Supreme

Court ................................. ...... ... ... ... ... 72

17. Supreme Court may enforce Chinese customs ... 72

18. Registration of judgment ................. ... ... 72

19. Registration of manager of 't'ong', etc . ... ... ... 72

20. Exemption of certain clans from the Companies Ordinance ...73
21. Registration of successors to deceased landholder where no
probate granted ....................... ... ... ... ... ... 73

22. Power to appoint trustees for minors ... ... ... ... ... 74

23. Certification of memorials ............ ... ... ... ... ... 74

24. Land Officer not required to keep index ... ... ... ... 74

25. Land Officer to be commissioner to take acknowledgments 74

26. Rights etc. included in a conveyance ... ... ... ... ... 74
27. Conveyance to be in prescribed II.- ... ... ... ... ...75
28. Conveyance on sale, implied covenants ... ... ... ... ... 75





section Page

29. Mortgages, implied provisions .......... ... ... ... ... ... 76

Chinese customary mortgage, implied provisions ... ... ... 77

31. Transfer of mortgage, effect ........... ... ... ... ... ... 78
32. Leases, implied provisions ............. ... ... ... ... ... 79

33. Implied covenant on conveyance by mortgagee, trustee, etc. M

34. Powers of mortgagee .. . ............... ... ... ... ... 80

35. Protection of persons purchasing from mortgagees ... ... 81

36. Application of proceeds of sale ........... .. ... ... ... 81

37. Mortgagee's receipt a sufficient discharge ... ... ... ... 81

38. Satisfaction of mortgage ............... ... ... ... ... 82

39. Receipt in body of deed to be sufficient ... ... ... ... 82

40. Mortgage to two oi. more jointly ....... ... ... ... ... ... 82
41. Construction of implied covenants ...... ... ... ... ... ... 82

42. Covenant to be annexed to estate or interest, etc . ... ... 82

43. Covenants to extend to successors, etc. ... ... ... ... 82

44. Implied covenant may be varied ......... ... ... ... ... ... 83
45. Provision for all the estate, etc . .... ... ... ... ... ... 83

46. Power to make regulations under Part II ... ... ... ... 83

47. Recovery of fees ....................... ... ... ... ... ... 83

48. Certified copies receivable in evidence ... ... ... ... ... 82

49. Part not to affect Crown, etc . ........ ... ... ... ... ... 83

PART III-SMALL DEBTS COURT.

50. Jurisdiction of Small Debts Court ...... ... ... ... ... ... 84

51. Limitation of actions .................. ... ... ... ... ... 84

52. Infancy no bar ......................... ... ... ... ... ... 84

53. Prohibition of splitting of clairns .... ... ... ... ... ... 84

54. Appointment of person to execute process ... ... ... ... 85

55. Goods seized may be sold at oi. near place. of seizure ... 85

56. Claims in respect of property seized ... ... ... ... ... 85

57. Exclusive jurisdiction ................. ... ... ... ... ... 95

58. No action against officer of Government without consent ... 85

59. Provision as to Supreme Court .......... ... ... ... ... 85
60. Exclusion of legal practitioners ....... ... ... ... ... ... 86

61. Review of judgment ..................... ... ... ... ... ... 86

62. Jurisdiction under Part II and right of appeal reserved ... 86

63. Rules, forms and fees under Part III ... ... ... ... ... 86

SCHEDULE.
(Comprising forms under Part II.)





CHAPTER 97.

NEW TERRITORIES.

To consolidale and amend the laws relating to the administration
and regulation of the New Territories.

[28 th October, 1910.]

PART I.

Regulation of the, New Territories.

1. This Ordinance may be cited as the New Territories Ordinance.

2. In this Ordinance

'conveyance' includes assignment, appointment, lease,
settlement and other assurance made by deed on a sale, mortgage,
demise or settlement of land or on any other dealing with land;
and 'convey' has a meaning corresponding with that of
conveyance;

'District Commissioner' includes District Officer;

'possession' in relation to land includes receipt of income;

'instrument' includes deed, will, power of attorney, Act of Parliament
or Ordinance;

'land' includes land covered by water or within the flow of the sea and
houses and other buildings and anv undivided share in land and
every estate and interest in land and also includes any rent or
profit issuing out of land and any easement affecting land and
also any market-building or portion of such building and any rent
or profit issuing out of any market-building oiportion of such
building;

'mortgage' includes any charge on any land for securing
money, or money's worth; mortgage money' means money, or
money's worth, secured by mortgage; mortgagor includes any
person deriving title under the original mortgagor, or entitled to
redeem a mortgage, according to his estate, interest or right, in the
mortgaged property; mortgagee includes any person deriving title
under the original mortgagee; and 'mort-





gagee in possession' is a mortgagee who, in right of
the mortgage, has entered into and is in possession of
the mortgaged property.

3. (1) Without prejudice to any other provision of law the Governor
shall have power to appoint a District Commissioner and such number
of District Officers and Assistant District Officers as he may consider
necessary for the administration of the New Territories.

(2) Any District Officer, appointed by the Governor to
administer or entrusted by the District Commissioner with
the administration of any particular district of the New
Territories, may be styled and referred to as the District
Officer for such district.

4. (1) It shall be lawful for the Governor in Council to make rules for
the levying, collection, recovery by legal proceedings, and safe
custody, of such rents, rates, taxes, and contributions, from the New
Territories as the Govertior in Council may, in his absolute discretion,
think fit, and for the keeping of accounts thereof.

(2) It Shall be lawful for the Governor in Council to make rules
applicable to the New Territories (other than New Kowloon) as follows

(a) declaring any specified place to be a market;

(b)determining the boundaries of any market and the area to be
served thereby;

(c)prescribing the construction and form of any building
erected or to be erected in any market;

(d)providing for the management and inspection of any market
and for the appointment, control and dismissal of the
managers and inspectors thereof;

(e)prescribing articles or substances which may be sold in
markets;

(f) prescribing articles or substances which shall not be sold
except in markets in any area declared is aforesaid to be
served by a market;





(g)providing for the regulation and sanitary maintenance of any
market including the sale or removal therein, thereto or
therefrom of any perishable articles or substances used or
intended to be used for food or otherwise;

(h)providing for the control and appropriation of funds derived
from and in connexion with any market or hawkers or
salesmen within or without any market;

(i)providing for the control and licensing of and the fees to be
taken from hawkers or salesmen within or without any
market;

(j) prescribing any other matter or thing in relation to the
establishment, construction, maintenance or management of
any market which may be deemed necessary or desirable in
the interests of sanitation or good order;

(k)for the prevention and abatement of nuisances and the
making of orders by magistrates in connexion therewith ;

(l)for any niatter with regard to which the Urban Council may
for the time being have power to make by-laws to take effect
elsewhere within the Colony under the Public Health (Food)
Ordinance and the Public Health (Sanitation) Ordinance,
1935;

(m) setting apart any places to be used as cemeteries or urn
cemeteries or prohibiting the burial or depositing of any
human remains in or upon any specified places;

(n) prohibiting in any specified place or places the
keeping of cattle, swine, sheep or goats either
generally or except under and in accordance with a
licence from the Urban Council or such other
authority as may be specified.

5. All rules inade under section 4 shall be published in the Gazette
and shall be notified in Chinese in the New Territories in such manner
as the District Commissioner mav direct.





6. Every person who commits a breach of any rule made under
section 4 shall upon summary conviction be liable to a fine of one
thousand dollars or to imprisonment for six months.

PART II.

Land.

7. (1) This Part applies to the New Territories only.

(2) Upon the application of the registered owner of the lease of any
land which has been purchased from the Crown Since the 17th day of
April, 1899, and in respect of which a separate Crown lease has been or
is intended to be issued, or without such application in the case of a
new grant of land by the Crown, the Governor may, exempt the said
land from the provisions of this Part by a memorandum under his
hand.

(3) Upon the application of the registered owner of any
land not covered by the provisions of subsection (2), and
upon proof to the satisfaction of the Land Officer of the title
of such owner and surrender of the lease of such land to the
Crown, the Governor may direct a new Crown lease for such
land to be issued after due survey thereof has been made
and the prescribed fees have been paid, and the Governor
may, thereupon exempt the said land from the provisions of
this Part by a memorandum in writing under his hand :
Provided always that, in any, case in which such application
refers to land of such small value that in the opinion of the
Governor, it is undesirable to grant exemption, the Governor
may refuse to grant the same.

8. All land in the New Territories is hereby declared to be and to
have been from the 23rd day of July, 1900, the property of the Crown,
and all persons in occupation of any such land shall be deemed to be
trespassers as against the Crown, unless such occupation is
authorized by grant from the Crown, or by other title allowed under this
Ordinance, or by licence from the Governor or from sonic Government
officer having authority to grant such licence.





9. (1) The Land Officer is hereby authorized to carry into execution
the provisions of this Part.

(2) Where by any enactment anything is required or appointed to
be done by the Land Officer, the same may be lawfully done by, any
Assistant Land Officer appointed by the Governor, who shall have the
same powers as are conferred upon the Land Officer by, this Ordinance, or
by the District Commissioner, who for the purposes of this Part shall be
deemed to be an Assistant Land Officer.

10. (1) Where in any Ordinance the expression 'Land Office' or
'District Land Office' is used it shall include such places as the
Governor in Council may by order from time to time approve as a New
Territories Land Office. Save in so far as any such order shall otherwise
provide each of the following shall, as from the commencement of this
Ordinance, be deemed to have been approved as a New Territories
Land Office by order of the Governor in Council duly made under this
subsection, namely, the respective offices now known and used as the
District Land Office, Kowloon, the District Land Office, Tai Po, and the
District Land Office, Ping Shan.

(2) 'appropriate New Territories Land Office' means
in relation to any particular land such place approved under
the preceding subsection in which the register of deeds con-
taining the last entry in respect of such land shall for the
time being be kept, or, if there is no register of deeds, the
place where the last memorial affecting such land is for the
time being kept.

11. (1) A memorial of any deed, will or other instru-
ment or any judgment, order or lis pendens, in respect of
or affecting land, may be prepared and shall be received at
such places in addition to a New Territories Land Office as
the District Commissioner shall approve : Provided that the
registration of any such memorial shall be deemed to have
been effected on the date and at the time that an acknowledgment
ment of the receipt thereof shall be endorsed thereon at the
appropriate New Territories Land Office.

(2) Notwithstanding anything in this or any other enactment the
registration of any deed, will, or other instrument, or any, judgment,
order or lis pendens, in respect of or





affecting land, shall be deemed to have been validly effected
if effected at any place approved for such purpose by the
District Commissioner.

12. (1) The Land Officer shall have power to decide in a summary
way all question and disputes in connexion with or in anywise arising
out of or regarding any land, and he may, within three months from
giving his decision, reopen and rehear the case upon such grounds as
he shall in his discretion deem sufficient, and reverse, vary or confirm
the previous decision or judgment

Provided as follows

(a)the Land Officer shall not have power to decide any
question or dispute to which the Crown is a party unless the
Governor consents in writing to his so doing;

(b)the Land Officer shall not have power to decide any claim to
arrears of rent if the monthly value of the rent exceeds one
thousand dollars or if the total claim exceeds three thousand
dollars;

(c)the Land Officer shall not have power to decide any claim to
arrears of rent where the title of the plaintiff is in his opinion
disputed bona fide, unless either

(i) the defendant consents in writing to his so doing or

(ii) he would have had jurisdiction unde paragraph (d) of
this proviso if the claim, instead of being a claim to arrears of
rent, had been a claim in respect of the land out of which the
rent in question issues or is alleged to issue;

(d)the Land Officer shall not have power to decide any question
or dispute (other than a claim to arrears of rent) in respect of
any land having a capital value exceeding ten thousand
dollars, or an annual value exceeding one thousand dollars,
unless with the written consent of the parties to such
question or dispute.





(2) The Land Officer shall have power to recognize and
enforce any Chinese custom or customary right in relation to
land, and the decision or judgment of the Land Officer shall
be binding on all parties concerned unless the same is varied
or set aside as hereinafter provided. [20]

13. (1) For the purposes of this Ordinance, the Land Officer shall
have powers similar to those vested in the Supreme Court in respect of
the following matters

(a) examining witnesses upon oath, or otherwise

(b)compelling the attendance of witnesses, and the production
of documents;

(c)entering and viewing land and ordering inspection of any
property;

(d)making and enforcing any order which made be necessary for
the proper hearing and determination of any matter before him
; and

(e)enforcing any Judgment given under the provisions of this
Ordinance.

(2) Any person who wilfully gives false evidence upon
oath before the Land Officer shall upon summary conviction
before the said Land Officer be liable to a fine of two hundred
dollars.

14. No legal practitioner shall be entitled to appear on
behalf of any party in any matter before the Land Officer
except by his special permission.

15. Every judgment or order of the Land Officer and every entry
thereof in the land register shall be conclusive for all purposes :
Provided that if any person considers himself aggrieved by any such
Judgment, order or entry and if the Land Officer certifies that the capital
value of the subject in dispute exceeds two thousand dollars, or if a
Judge on good caused shown grants special leave to appeal, such
person may within three months from the date of such judgment order
or entry move a judge to vary or set aside the same; and it shall
thereupon be lawful for such judge to vary or set aside the judgment,
order or entry on such. terms as he may think fit.





16. Except by way of appeal from the Land Officer, no
proceeding relating to land in the New Territories shall be
commenced in the Supreme Court unless the Crown is a
party or the jurisdiction of the Land Officer in respect of
such proceeding is excluded by or under the provisions of
section 12 :Provided that. nothing in this section shall affect
the operation of section 40 of the Distress for Rent
Ordinance.

17. In any proceedings in the Supreme Court in relation
to land in the New Territories, the court shall have power to
recognize and enforce any Chinese custom or customary right
affecting such land.

18. The Land Officer shall, on judgment being given in
respect of any land, forthwith enter a memorandum of such
judgment in the land register. No fee shall be payable for
such entry.

19. Whenever any land is held from the Crown under lease or
other grant, agreement or licence in the name of a clan, family or t'ong,
such clan, family or t'ong shall appoint a manager to represent it. Every
such appointment shall be reported at the appropriate New Territories
Land Office, and the Land Officer on receiving such proof as he may,
require of such appointment shall, if he approves thereof, register the
name of the said manager who shall, after giving such notices as rnay
be prescribed, have full power to dispose of or in any way deal with the
said land as if he were sole owner thereof, subject to the consent of the
Land Officer, and shall be personally liable for the payment of all rents
and charges and for the observance of all covenants and conditions in
respect of the said land. Every instrument relating to land held by a
clan, family or t'ong, which is executed or signed by the registered
manager thereof in the presence of the Land Officer and is attested by
him, shall be as effectual for all purposes as if it had been executed or
signed by all the members of the said clan, family or t'ong. The Land
Officer may on good cause shown cancel the appointment of any manager and
select and register a new manager in his place. If the members of any
clan, family or t'ong holding land do not within three months after the
acquisition of the land make and prove the appointment of a manager,
or within three months after any change of manager prove the appoint





ment of a new manager, it shall be lawful for the Crown to
re-enter upon the land held by such clan, family or t'ong
which shall thereupon become forfeited. Such re-entry shall
be effected by the registration of a memorandum thereof in
the appropriate New Territories Land Office,

20. Any clan, family or l'ong owning land on the 28th day of
October, 1910 in respect of which a manager has been duly registered
under this Ordinance, shall not, so long as such land is certified by the
Land Officer as being used for agricultural, religious, educational
or charitable purposes or such other uses of a similar nature as are recognized by
established local custom, or for dwelling-houses occupied by
bona fide members of the clan, family or t'ong, be required
to be registered under the Companies Ordinance, although
such clan, family or t'ong may consist of more than twenty
members.

21. In the event of the death of any person in whose name any land
is registered otherwise than as a manager, if no grant of probate or
administration of the estate of the deceased is made by the Supreme
Court within three months after such death, the Land Officer, on
ascertaining the name of the person who is entitled to such land in
succession to the deceased person (hereinafter described as the
successor), and on being satisfied that any estate duty which may be
due has been paid, shall register the name of the successor, and upon
such registration being effected the said land shall vest in the
successor for all the estate and interest of the deceased person therein,
or for such estate and interest as shall be entered on the register by the
Land Officer against the entry of the name of the successor. On the
registration of a successor, the fees fixed by regulations shall be paid to
the Land Officer by the successor, but no probate fees shall be payable,
anything in the Probales Ordinance to the contrary notwithstanding
ding. The registered successor shall be liable for the debts of the
deceased in the same manner and to the same extent as if a grant of
probate or administration had been made to him : Provided always that
if a grant of probate or administration of the estate of the deceased is
made by the Supreme Court within the period above specified, the
grantee therein named shall be registered as the successor and the fees
referred to in this section shall not be payable.





22. Whenever any land is vested in a minor, it shall be
lawful for the Land Officer to appoint some fit person to be
a trustee thereof for such minor during his minority and to
remove any such trustee and to appoint any new trustee.
Every such appointment shall be registered by the Land
Officer in the appropriate New Territories Land Office, and
upon registration the land the subject of the trust shall vest
in the registered trustee for all the estate and interest of the
minor therein, and upon registration of the removal of any
trustee the land shall divest from the trustee so removed and
vest in the continuing trustee or any newly registered trustee
as the case may be. The Land Officer before registering a
trustee may require him to give security in such manner and
to such amount as he may think fit for the due execution of
the trust. With the consent of the Land Officer a trustee
may buy, sell, mortgage, lease or otherwise deal with or
dispose of any property to the like extent as if he were the
beneficial owner thereof, anything in the Trustee Ordinance,
to the contrary, notwithstanding.

23. For the purposes of this Ordinance, it shall not be
necessary for a memorial of any deed, will or other instrument
ment to be verified upon oath or certified by a solicitor, but
every memorial Sliall in lieu thereof be certified by the Land
Officer as correct.

24. It shall not be necessary for the Land Officer to keep
an index of names of the several parties to deeds and other
instruments, or of the devisors or devisees in the case, of wills,
or of the plaintiffs or defendants in the case of judgments orders and
lites pendentes.

25. For the purposes of this Ordinance, the Land Officer and every
Assistant Land Officer shall be deemed to be duly appointed commissioners
for taking acknowledgments of married women under the Married Women
(Disposition of Property) Ordinance.

26. (1) A conveyance shall be deemed to include and shall by
virtue of this Ordinance operate to convey, with the land, all buildings,
erections, fixtures, commons hedges, ditches, fences, ways, waters,
watercourses, liberties, privileges, easements, rights and advantages
whatsoever apper-


taining or reputed to appertain to the land, or any part thereof, or at the
time of conveyance demised, occupied or enjoyed with, or reputed or
known as part or parcel of or appurtenant to, the land or any part
thereof.

(2) A conveyance of land having houses or other buildings
thereon shall be deemed to include and shall by, virtue of this
Ordinance operate to convey, with the land, houses or other buildings,
all outhouses, erections, fixtures, cellars, areas, courts, courtyards,
cisterns, sewers, gutters, drains, ways, passages, lights watercourses,
liberties, privileges, easements, rights and advantages whatsoever
appertaining or reputed to appertain to the land, houses or other
buildings conveyed or any of them or any part thereof, or at the time of
conveyance demised, occupied or enjoyed or reputed or known as part
or parcel of or appurtenant to, the land, houses or other buildings
conveyed, or any, of them or any part thereof.

(3) This section applies only if and as far as a contrary intention is
not expressed in the conveyance and shall have effect subject to the
terms of the conveyance and the provisions therein contained.

(4) This section shall not be construed as giving to any person a better
title to any property, right or thing in this section mentioned than the title
which this section gives to him to the land expressed to be conveyed, or as
conveying to him any property, right or thing in this section mentioned further
or otherwise than as the same could have been conveyed to him by the conveying
parties.

27. Every conveyance executed after the 28th day of October, 1910, shall be made
according to one of the forms set out in the Schedule with such variations as
circumstances may require. The Land Officer may prescribe such other forms as he
may deem necessary for facilitating dealings with land.

28. A conveyance on a sale shall be made in Form A in the Schedule, and the following
convenants shall be deemed to be included in every such conveyance-

(a) by the vendor with the purchaser, that notwithstanding anything by the vendor done
or knowingly omitted or suffered, the Crown lease, licence or grant





under which the property conveyed is held is at the date of
the conveyance valid and subsisting; and that the vendor
has at the date of the conveyance good right to convey the
property comprised in the conveyance as is in the
conveyance expressed free from incumbrances except as
therein mentioned; and that the vendor and all persons
claiming under or in trust for him will, during the residue of
the term of years created by the Crown lease, licence or
grant under which the property conveyed is held, at the
request and cost of the purchaser do all acts and execute and
sign all deeds and writings reasonably required for
perfecting the conveyance;

(b) by the purchaser with the vendor, that the purchaser
will during the residue of the term of years created
by the Crown lease, licence or grant under which
the property conveyed is held pay all rents payable
in respect of the property conveyed, and will per-
form and observe all covenants and conditions so far
as they relate to the property conveyed, contained
in the said Crown lease, licence or grant, and will
indemnify the vendor against the non-payment of
the said rents and the non-performance and non-
observance of the said covenants and conditions so
far as aforesaid.


29. (1) A conveyance by way of mortgage (when it is the intention
of the paities that the mortgagee shall not enter into possession until
default is made in payment of the mortgage money) shall be made in Form B
in the Schedule, and the following covenants by the mortgagor with
the mortgagee shall be deemed to be included in ever such mortgage

(a) that the mortgagor will on the stated day pay to the mortgage the stated mortgage
money, and will, so long as the mortgage money or any part thereof remains due, pay to
the mortgage interest thereon by equal monthly payments at the stated rate on the
stated day of each month;

(b) that the Crown lease, licence or grant under which the property conveyed is held
is at the date of the conveyance good, valid and subsisting, and that the rent thereby
reserved and the lessee's convenants





therein contained have been paid and performed up to the
date of the conveyance ; and the mortgagor has at the said
date power to assign the property conveyed in manner therein
expressed free from incumbrances except as therein
mentioned;

(c) that the property conveyed may after default in payment of
the moneys intended to be secured by die mortgage be
quietly entered into, held and enjoyed by the mortgagee
without any interruption by any person;

(d)that the mortgagor and every person claiming any estate or
interest in the property conveyed will at all times at the cost
of the mortgagor execute and do all such assurances and
things for further or better assuring all or any, of the
property conveyed unto the mortgagee as by him shall be
required;

(e)that the mortgagor (until the mortgagee enters into
possession of the property conveyed) will pay all rents
payable in respect of the property conveyed, and will
perform and observe all covenants and conditions, so far as
they relate to the property, conveyed, contained in the
Crown lease, licence or grant under which the property
conveyed is held and will idemnify the mortgagee against the
nonpayment of the said rent and the non-performance and
non-observance of the said covenants and conditions so far
as aforesaid.

(2) The following proviso shall also be deemed to be
included : that if the mortgagor on the stated day pays to
the mortgagee the stated mortgage money with interest in
the meantime at the stated rate, the mortgagee will at any
time thereafter at the request and cost of the mortgagor
release the property to the mortgagor as in this Ordinance
is provided.

30. (1) In a conveyance by way of mortgage in Form C in the
Schedule there shall be deemed to be included the following further
covenants between the mortgagor and the mortgagee-

(a) that it shall be lawful for the mortgage, as from the date of the mortgage,
if not receiving any interest on the mortgage money, to enter into possession of
the property conveyed and thereforth quietly to hold, occupy, enjoy and take the
same and all benefits and advantages accruing in respect thereof without in any
way accounting to any person whatsoever in respect thereof, and without any
interruption by any person until the time when such mortgage is redeemed;

(b)that the mortgagee will on demand refund to the mortgagor
all sums paid by the latter on account of any Crown rent or
taxes payable in respect of the property conveyed during the
possession of the mortgagee, and that the mortgagee will
during such possession indemnify the mortgagor against the
non-performance and non-observance of the covenants and
conditions, so far as they relate to the property, conveyed,
contained in the Crown lease, licence or grant under which
such property is held.

(2) The following further provisos shall also be deemed to be
included

(a)that on the mortgagor paying to the mortgagee the principal
money (without interest) and all costs lawfully due to the
mortgagee in respect of the mortgage, the mortgagee will at
the request and cost of the mortgagor release the mortgaged
property to the mortgagor as in this Ordinance is provided;

(b) that the mortgagor shall not be entitled to redeem
tile mortgage except on giving three months' notice
in writing to the mortgagee of his intention so to
do.

31. A transfer of mortgage made in Form D in the Schedule shall
have effect as follows

(a)there shall be vested in the person to whom the mortgage is
expressed to be transferred (hereinafter called the transferee)
the right to demand, sue for, recover and give receipts for the
mortgage money





or the unpaid part thereof, and interest (if any) due
thereon and thenceforth to become due thereon, and the
benefit of all securities for the same, and the benefit
of and the right to sue on all covenants with the mortgagee,
and the right to exercise all the powers of the mortgagee;

(b) all the estate and interest of the mortgagee in the
mortgaged property shall vest in the transferee
subject to redemption.

32. (1) In any lease made in Form E in the Schedule, the following
covenants by the lessee and lessor respectively shall be implied

(a)by the lessee, at all times during the continuance of the
lease, to pay the rent at the time and in the manner in which
such rent is stated to be payable in the lease, and all rates,
taxes and assessments payable in respect thereof, except as
otherwise expressly stated, and to keep and deliver tip the
said premises to the lessor or persons deriving title under
him at the expiration or sooner determination of the term or
tenancy in good order and condition according to the
custorn of the country

(b) by the lessor, to permit the lessee, and those deriving title from or under him,
to enter into and upon, or receive, and thenceforth quietly hold and enjoy,
or take the subject-matter expressed to be leased during the continuance of the
term or tenancy, so long as the lessee performs all the covenants, agreements
and conditions contained in such lease and on his part to be observed and performed.

(2) The following shall also be deemed to be included-

(a) a reservation for the lessor of the right at all times in the daytime, by himself
or his agents, to enter into and upon the said premises for the purposes of
inspecting the same;

(b) a proviso that the lessor, or person deriving title under him,
may, in the event of the rent or any part thereof being in
arrear for the space of twenty-one days after any of the days
on which it ought to be paid, or on the breach by the lessee
of any covenant,





condition or agreement by him (either expressed or implied),
re-enter upon the said premises the subjectmatter of the
lease, or any part thereof in the name of the whole, and
thereupon the said lease shall absolutely determine and
become void.



33. In any conveyance under this Ordinance where any person is
expressed to convey as mortgagee or trustee or as personal
representative of a deceased person, or under an order made under this
Ordinance or by any court, then the following covenant only, which
shall be deemed to extend to such person's own acts only, shall be
implied:

that the persom so conveying has not executed or done or
knowingly suffered or been party or privy to any, act, deed
or thing, whereby or by means whereof the subject-matter
of the conveyance or any part thereof is or may be impeached,
charged, affected or incumbered in title, estate or otherwise,
or by means whereof the person who so conveys is in anywise
hindered or prevented from conveying the subject-matter of
the conveyance, or any part thereof, in the manner in which
it is expressed to be conveyed.

34. A mortgagee and any person entitled to give a receipt for the
mortgage money, where the mortgage is made in accordance with Form
B in the Schedule, shall have the following powers to the like extent as
if they had been conferred by the mortgage deed but not further

(a) where the mortgage money has become due, to sell
and convey the mortgaged property, subject to prior
charges, estates and interests (if any) to which the
mortgaged property is subject, but free from all
other estates, interests and rights to which the
mortgage had priority, in such manner and subject
to such conditions, not being at variance with the
provisions of this Ordinance, as he thinks fit, with
power to vary any contract for sale, buy in at any
auction, and rescind any contract for sale and to
re-sell without being answerable for any loss
occasioned thereby: Provided that a mortgagee
shall not exercise the power of sale unless and until
notice requiring payment of the mortgage money
has been served on the mortgagor, or on one of




the several mortgagors, or left on the mortgaged premises,
and default has been made in payment of the mortgage
money or part thereof for one month after such service, or
some interest under the mortgage is in arrear and unpaid for
one month after becoming due, or there has been a breach of
some provision contained in the mortgage deed or in this
Ordinance other than a covenant for payment of the
mortgage money and interest;

(b) to insure the mortgaged property or any part
thereof for any sum not exceeding the amount of
the mortgage money, and any moneys paid for such
insurance shall be a charge on the mortgaged
property in addition to the mortgage money, and
with the same priority, and with interest at the
same rate as the mortgage money. The mortgagee
shall account to the mortgagor for all moneys
received by him on an insurance effected on the
mortgaged property.

35. When a sale is made under a power of sale conferred by this
Ordinance, the title of the purchaser shall not be impeached by reason
that no case had arisen to authorize the sale or that due notice was not
given or that the power was otherwise improperly or irregularly
exercised ; but any person damnified by an unauthorized, improper or
irregular exercise of the power of sale shall have his remedy in damages
against the person exercising the power.

36. Any money received by a mortgagee from the sale,
after payment and discharge of prior incumbrances (if any)
to which the sale is not subject, shall be applied first in
payment of all proper costs and expenses incurred by; him
on such sale, secondly in payment of the mortgage money,
interest and costs due under the mortgage, and the residue-
(if any) shall be paid to the person entitled to the mortgaged
property or authorized authorized to give receipts for the proceeds of
sale thereof.

37. The receipt in writing of a mortgagee shall be a sufficient
discharge for any money arising under the power of sale conferred by
this Ordinance, and no person paying





or transferring the same to the mortgagee shall be concerned
to inquire whether any money remains due under the
Mortgage.

38. When all moneys due under or in respect of any mortgage have been paid off or
the said mortgage has been otherwise fully satisfied, a receipt by the mortgage in
Form F in the Schedule, when registered by the Land officer, shall vest in the
mortgagor or other person deriving title by, through or under him the property
comprised in such mortgage, freed and absolutely discharged from the said mortgage
and all claims and demands in respect thereof.

39. A receipt for any consideration money or other consideration
embodied in a deed shall be a sufficient discharge to any person
paying the same without any, further receipt, and shall in favour of
any subsequent purchaser not having notice that the same was not in
fact paid or given be sufficient evidence of the payment thereof.

40. Where any mortgage made under this Ordinance is expressed
to be made to more persons than one jointly and not in shares, the
mortgage money shall be deemed to be owing to such persons on a
joint account, and the receipt of the survivor, or his successors or
personal representatives, shall be a complete discharge for that
amount.

41. In the construction of a covenant or a proviso, or
other provision implied in a deed by virtue of this Ordinance,
words importing the singular or plural number or the
masculine gender shall be read as also importing the plural
or singular number, or the feminine gender, as the case may
require.

42. The benefit of a covenant implied by this Ordinance shall be
annexed and incident to, and shall go with, the estate or interest of the
implied covenantee and shall be capable of being enforced by any
persoii in whom that estate or interest is, for the whole or any part
thereof, vested

43. Every convenant, whether expressed or implied, shall be deemed to be made
with the convenantee, his successors, executors, administrator and assigns, and
shall have effect as if successors, executors, administrators and assigns were
expressed.




44. Any covenant or provision implied by this Ordin-
ance may be varied or extended by deed, and as so varied
and extended shall, as far as may be, operate in the like
manner and with all the like incidents, effects aiid consequen-
ces as if such variations and extensions were directed in this
Ordinance to be implied.

45. Every conveyance, except a conveyance by way of lease, shall
by virtue of this Ordinance be effectual to pass all the estate,
right, title, interest, claim and demand which the conveying parties
respectively have in or to or on the property so conveyed or expressed
or intended to be so conveyed, or which they respectively have power
to convey in or to on the same.

46. It shall be lawful for the Governor in Council to
make regulations for the purposes of Part II, and particularly
for fixing the fees to be paid thereunder, aiid for providing
for the recovery of Crown rent by distraint or other proceed-
ings. The said regulations shall be published in both the
English and Chinese languages.

47. Any fees payable in virtue of any such regulation
shall be recoverable summarily.

48. A copy of or extract from any document in the custody of the
Land Officer shall, if certified by him to be correct, be admissible in
evidence in all courts to the same extent as the original document
would be admissible.

49. Nothing in this Part shall be deemed to affect the interests of the Crown,
or to confer a larger right in relation to any land than is granted in the Crown
lease, grant or licence whereunder the said land is held; and no liability shall
attach to the Land Officer, or to any Assistant Land Officer, or to the Government,
or to the Crown, in respect of any act done or entry made by such Land Officer or
Assistant Land Officer in the course of his duty.


PART III.

Small Debts Court.

50. It shall be lawful for a magistrate (to be authorized
for the purpose by the Governor by notification) to hold a
Small Debts Court in such places in the New Territories,
exclusive of New Kowloon, as the Governor may direct, and
in such court to exercise a summary jurisdiction at law and
in equity in all actions or matters where the claim debt or
damages sought to be recovered does not exceed one thousand
dollars and the defendant is residing or carrying on business
in any part of the New Territories, exclusive of New
Kowloon, or was residing or carrying on business there at
the time when the cause of action arose: Provided that it
both parties in any such action or matter agree, by a
memorandum signed by them or duly authenticated by their
marks, the magistrate may, on satisfying himself that the
effect of the memorandum is fully understood by the parties,
exercise a like jurisdiction where the claim, debt or damages
sought to be recovered does not exceed five thousand dollars:
Provided always that the judgment of such magistrate shall
not be evidence of title between the parties or their privies
in any other action or matter in that court or in any other
court; and such consent shall not prejudice or effect any
right of appeal of either of the parties.

51. All actions for sums not exceeding one thousand
dollars shall be commenced within three years next after the
cause of action accrues, unless there has been some contract,
acknowledgment, undertaking or promise to pay in respect
thereof by the party to be charged within three years before
the commencement of such action.

52. No person shall be precluded or exempted from
suing or being sued for any debt or damages not exceeding
one thousand dollars by reason of his not having attained
the full age of twenty-one years.

53. No cause of action which exists at any one time amounting in
the whole to a sum exceeding one thousand dollars shall be split or
divided so as to be made the ground of two or more different actions.
in order to bring such cases within the jurisdiction of the magistrate,
and if the magistrate



finds that the plaintiff in any case has split his cause of action
as aforesaid he shall dismiss the action, without prejudice to
the plaintiff's right to sue upon the cause of action in such
other manner as he may be advised : Provided that if such
plaintiff is satisfied to recover a sum not exceeding one
thousand dollars then the magistrate shall entertain the
action of such plaintiff, and in case any order is made in
his favour the same shall be expressed to be, and shall be,
in full discharge of the whole cause of action.

54. It shall be lawful for the magistrate before whom
a claim under this Part is heard to appoint any fit person
to execute any process of the court in respect of such
claim

55. Any goods or chattels seized under a distress
warrant issued by the authority of a magistrate in respect of
any claim under this Part may be sold by the bailiff or other
officer executing such warrant at or near the place of the
seizure of such goods.

56. Where a claim is made to or in respect of property
taken in execution under this Part by any person other than
the party against whom such execution issued, such claim
shall be heard and determined by the magistrate upon a
summons calling before him as well such claimant as the
party on whose behalf such execution issued, and the
decision upon such claim shall be final.

57. No action or proceeding for sums not exceeding one thousand
dollars which might be brought under this Part before a magistrate shall
be brought in the summary jurisdiction of the Supreme Court unless by
the leave of the magistrate or with the consent of the defendant.

58. No action or proceeding against any officer of the
Government in his official capacity shall be brought under
this Ordinance unless with the consent of the Attorney
General.

59. Any magistrate holding a court under this Part, if in his
opinion any action or matter brought before him is of sufficient
importance to be dealt with by the Supreme Court, may decline to
proceed with the same and in such





event the plaintiff may thereafter institute proceedings in
the Supreme Court as if no proceedings had been taken
under this Part.

60. No legal practitioner shall be entitled to appear on
behalf of any party in any action or matter pending before
a magistrate under this Part except by special permission of
such magistrate.

61. It shall be lawful for the magistrate, on such grounds
as he may think sufficient, to review any judgment or decision
given by him, within one month frorn the date thereof, and
on such review to reopen and retry the case, wholly or in
part, and to take fresh evidence, and to reverse, vary or
confirm his previous judgment or decision.

62. Nothing in this Part shall be deemed to limit in any
way any jurisdiction conferred on the Land Officer by, Part
II; neither shall anything in this Part affect the right of
appeal of either of the parties : Provided that the provisions
of the Magistrates Ordinance, with respect to appeals shall
apply to the decisions of magistrates under this Part.

63. The Governor in Council may make rules for
regulating proceedings under this Part and may prescribe
the forms to be used and the fees to be paid in such
proceedings.

SCHEDULE. [s. 27.]

FORM A. [s. 28.]

Conveyance on sale.

In consideration of $ this day paid (the receipt whereof
is hereby acknowledged) of (1) as vendor
hereby assigns unto of as purchaser
the Lot No. in District No. in the New Territories of
this Colony for the residue of the term of years created by the Crown
lease thereof, subject to the incumbrances mentioned in the schedule
hereto.

SCHEDULE.

Memorial. Date. Parties. Particulars of incumbrances.





As WITNESS the hands and seals of the parties this day of
19 [SEAL]

SIGNED, sealed and delivered by [SEAL]


FORM B. [ss. 29, 34.]

Mortgage.

In consideration of $ this day lent (or now owing) the
receipt whereof is hereby acknowledged of
as mortgagor hereby assigns unto of
as mortgagee the Lot No. in District No. in the
New Territories of this Colony for the residue of the term of years
created by the Crown lease thereof, subject to the incumbrances
mentioned in the schedule hereto, for securing payment on the
day of ,19 ,of $ as the mortgage
money with interest thereon at the rate of $ per month
payable monthly on the day of each month.

SCHEDULE.

Memorial. Date. Parties. Particulars of incumbrances.

As WITNESS the hands and seals of the parties this day of

19 [SEAL]
SIGNED, sealed and delivered by [SEAL]







FORM C. [s. 30.]

Chinese customary mortgage.

In consideration of $ this day lent (or now owing) (the
receipt whereof is hereby acknowledged) of
as mortgagor hereby assigns unto of
as mortgagee the Lot No. in District No. in the
New Territories of this Colony for the residue of the term of years
created by the Crown lease thereof, subject to the incumbrances
mentioned in the schedule hereto, for securing payment on the
day of ,19 ,of $ as mortgage money
without interest, the mortgagee to be at liberty to enter and keep
possession of the mortgaged land until redemption.

SCHEDULE


Memorial. Date. Parties. Particulars of incumbrances.

As WITNESS the hands and seals of the parties this day of
,19 [SEAL]

SIGNED, sealed and delivered by [SEAL]

FORM D. [s. 31.]

Transfer of mortgage.

In consideration of $ this day paid, (the receipt whereof
is hereby acknowledged) of as transferor
hereby transfers to of as transferee the
benefit of the mortgage of Lot No. in District No.
in the New Territories of this Colony, dated the day of
,19 ,and registered by Memorial No.
As WITNESS the hands and seals of the parties this day of
,19 [SEAL]
SIGNED, sealed and delivered by [SEAL]
1950 vol. III 89 Originally 34 of 1910. Fraser 34 of 1910. 18 of 1938. 17 of 1940. 62 of 1948. 9 of 1950. Short title. Interpretation. 62 of 1948, s. 2. [s. 2 cont.] Power of Governor to appoint officers for the administration of the New Territories. 62 of 1948, s. 2. Rules. (1) Revenue. (2) Markets. 9 of 1950, Schedule. (3) Nuisances. (4) Food (5) Sanitation. (Cap. 140 and 15 of 1935.) (6) Burials. (7) Cattle, swine, etc. Publication of rules. 9 of 1950, Schedule. Punishment for breach of rules. 62 of 1948, s. 2. Application of Part II to land in New Territories. 9 of 1950, Schedule. 9 of 1950, Schedule. Vesting of land in New Territories in the Crown. Land Officer etc. 62 of 1948, s. 2. Interpretation of 'Land Office' etc. 62 of 1948,s . 2. Preparation, receipt and registration of memorials. 62 of 1948. [s. 11 cont.] Land Officer to decide questions relating to land summarily. 62 of 1948,s . 2. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme court. Exclusion of certain proceedings from jurisdiction of Supreme Court. (Cap. 7.) Supreme Court may enforce Chinese cushions. Registration of manager of 'tong' etc. exemption of certain clans from the Companies Ordinance. (Cap. 32.) Registration of successors to deceased landholder where no probate granted. [cf. Cap. 111, s. 7(d), (e).] (Cap. 10.) Power to appoint trustees for minors. (Cap. 29.) Certification of memorials. 9 of 1950, Schedule. Land Officer not required to keep index. Land Officer to be commissioner to take acknowledgments. (Cap. 183.) Rights etc. included in a conveyance. Conveyance to be in prescribed form. Schedule. Conveyance on Sale. Sched. Form A. Implied covenants: (1) By vendor. [s. 28 cont.] (2) By purchaser. Mortgages. Sched. Form B. Implied provisions: (1) Mortgagor's convenants. (2)Proviso for redemption. Chinese customary mortgage. Implied provisions. Sched. Form C. [s. 30 cont.] Transfer of mortgage. Effect. Sched. Form D. Leases. Sched. Form E. Implied provisions: (1) Leasee's covenants. (2) Lseeor's covenant. (3) Reservation. (4) Proviso for re-entry. [s. 32 cont.] Implied covenant on conveyance by mortgagee, trustee, etc. Powers of mortgagee : Sched. Form B. to sell: to insure. Protection of persons purchasing from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. [s. 37 cont.] Satisfaction of mortgage. Sched. Form F. Receipt in body of deed to be sufficient. Mortgage to two or more jointly. Construction of implied covenants. Covenant to be annexed to estate or interest, etc. Covenants to extend to successors. Etc. Implied covenant may be varied. Provision for all the estate, etc. Power to make regulations, under Part II. Recovery of fees. Certified copies receivable in evidence. Part not to affect Crown, etc. Jurisdiction of Small Debts Court. 62 of 1948, s. 2. 62 of 1948, s. 2. Limitation of actions. 62 of 1948, s. 2. Infancy no bar. 62 of 1948, s. 2. Prohibition of splitting of claims. 62 of 1948, s. 2. 62 of 1948, s. 2. Appointment of person to execute process. Goods seized may be sold at or near place of seizure. Claims in respect of property seized. Exclusive jurisdiction. 62 of 1948, s. 2. No action against officer of Government without consent. Provision as to Supreme Court. [s. 59 cont.] Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. (Cap. 227.) Rules forms and fees under Part III. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person, or a registered manager, his capacity should be stated. [Sched. Cont.]